E PL UR UM IB N U U S United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, APRIL 13, 2005 No. 43 Senate The Senate met at 9:30 a.m. and was period for the transaction of morning RECOGNITION OF THE MINORITY called to order by the President pro business for up to 60 minutes, with the LEADER tempore (Mr. STEVENS). first half of the time under the control The PRESIDENT pro tempore. The of the majority leader or his designee, Democratic leader is recognized. PRAYER and the second half of the time under f The Chaplain, Dr. Barry C. Black, of- the control of the Democratic leader or fered the following prayer: his designee. ORDER OF BUSINESS Let us pray. Mr. REID. Through the Chair to my O Thou great God, who made us in f distinguished colleague, are we ex- Your image. Thank You for creating us pected to work through the but little lower than the angels. Enable RECOGNITION OF THE MAJORITY Condoleezza Rice hour? us to see Your divine image in every Mr. FRIST. Through the Chair, our LEADER human being. Help us to look beyond expectation is to work through that poverty and pathology to the goodness The PRESIDENT pro tempore. The hour. As the Democratic leader knows, even in the unlovely. Teach us to look majority leader is recognized. and as our colleagues should know, we beneath superficial differences of ac- are trying to do briefings on a regular cents, of language, of color, and of posi- f basis to make the opportunity avail- tion to see the true worth of all people. able for people to come to these brief- Bless Your servants in the legislative ings. We do not need to stop action on SCHEDULE branch of Government. Bring to the the Senate floor. So we will be working surface the goodness within each of Mr. FRIST. Mr. President, we will through that period. them. As they think together and work begin today’s session with a 1-hour pe- f together in the Chamber, in committee riod of . Following TRIBUTE TO POPE JOHN PAUL II rooms, and in their offices, help them that time, the Senate will resume de- to treat others with the reverence, re- bate on the emergency supplemental Mr. FRIST. Mr. President, I wish to spect, and kindness that You desire for appropriations bill. Last night we comment on the passing of Pope John all of Your children. Paul II last week. A number of us had We pray for our military men and agreed to a time limit of 40 minutes with respect to the pending Durbin the opportunity to represent the women. Keep them safe. Give them the United States, represent this body in will to pursue mercy as well as justice. amendment relating to the National Guard. If we are able to yield back Rome. It was a moving experience, an We also pray for our enemies and their emotional experience, and one that I loved ones. Lord, give all of us insight some of that debate time, we would have a vote on the Durbin amendment briefly want to share. into Your will and the courage to do it. The passing of Pope John Paul II was Amen. by 10:50 this morning. If the debate continues past that point, then we will moving. It was a historical event that f riveted the world. Millions of Catholics likely delay the vote on the amend- and non-Catholics alike were touched PLEDGE OF ALLEGIANCE ment until sometime after noon today, and influenced by this great man. He The PRESIDENT pro tempore led the after discussion with the Democratic leaves an extraordinary legacy that all Pledge of Allegiance, as follows: leader. There are two additional pend- of us have reflected upon over the last ing amendments at this time, and we I pledge allegiance to the Flag of the week. United States of America, and to the Repub- anticipate other amendments being of- In his 26-year reign as head of the lic for which it stands, one nation under God, fered throughout the day. Chairman indivisible, with liberty and justice for all. Catholic Church, the third longest pon- COCHRAN will be here this morning to tificate in history, Pope John Paul was f prepare to have the Senate debate and seen by more people than any other in- RESERVATION OF LEADER TIME dispose of these amendments during to- dividual in history. He influenced more day’s session. I expect we will make The PRESIDENT pro tempore. Under lives than many kings and presidents the previous order, leadership time is considerable progress on the appropria- before him. reserved. tions bill with rollcall votes as nec- Together with Ronald Reagan and essary over the course of the day. f Margaret Thatcher, Pope John Paul Just as a reminder to our colleagues, helped vanquish the Soviet Union, ex- MORNING BUSINESS the Secretary of State will be giving a pose the brutality of communism, and The PRESIDENT pro tempore. Under briefing to Senators today from 3 to 4 free hundreds of millions of people the previous order, there will now be a this afternoon for those interested. around the world.

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

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VerDate Aug 04 2004 05:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.000 S13PT1 S3506 CONGRESSIONAL RECORD — SENATE April 13, 2005 He, indeed, was a hinge of history, there, that sense of time and place is Congress and I had the pleasure of try- one of the great leaders of the 20th cen- difficult to describe. You could feel the ing many cases before any number of tury who helped make our world over powerful strength of the man for whom judges, both at the State and Federal on the pillars of faith, freedom, liberty, we all gathered and prayed. It was up- level, and I am very much concerned and human dignity. lifting, it was serious, and a very dig- about what is happening with our judi- As I mentioned, I had the real privi- nified celebration in many ways. ciary today. For the last 2 years, I lege of leading a delegation of 14 Sen- As the funeral drew to a close, the served on the Senate Judiciary Com- ators to pay tribute to this great lead- adoration for Pope John Paul mittee and have observed what obvi- er. We left last Wednesday. As we crescendoed to almost an electric ously happened during those 2 years, soared over the Atlantic, all of us pitch. I heard my colleagues who were but during the last few months, as we shared our thoughts and stories and re- with us describe it to our other col- entered into this new session and ap- flected upon the Pope’s remarkable leagues over the course of the last 48 proached the confirmation of nominees life. Not only did he live through the hours that way off in the distance we who are being put forward by the Presi- great upheavals of the 20th century, began to hear clapping and the roar of dent, I remain concerned about some but he helped bring about many of its the crowd as it came forward, a huge things that are happening. greatest achievements. wave all the way up to St. Peter’s and I will start by noting again that As a young man in war-torn Poland, then to the Basilica. It was truly a never before in the history of the Sen- he lived under those heavy boots of fas- moving and powerful experience. ate has a minority of 41 Senators held cism and communism, and yet even The crowd did, at the end, begin to up confirmation of a judicial nominee then he possessed an enduring hope and chant and begin to cheer as the Pope where a majority of Senators has ex- commitment to man’s redemption. was held up one last time in that wood- pressed their support for that nominee. To our great fortune, Karol Woljtyla en coffin and dipped down to the people It is for this reason, if given the oppor- ascended the world’s stage and, as the in St. Peter’s. He was then lifted aloft tunity, I will vote in favor of changing 264th Pope of the Catholic Church, and carried solemnly into the Basilica our rules to allow confirmation of a ju- pressed belief into global action. for his final burial. dicial nominee by a simple majority In the Catholic Church, he grew its In closing, I know I speak for all my because under the Constitution of the religious following from 757 million colleagues when I say it was a tremen- United States, the Senate is required faithful when he began his papacy in dous honor for those of us who were to give its to the 1978 to over 1 billion today. able to attend on behalf of our fellow President on his judicial nominees. The Senate can say no in regard to We arrived as a delegation in Rome Americans and this institution in pay- any particular nominee, but to do so on Thursday morning. The weather was ing our respects for a momentous and we need an up-or-down vote to decide truly glorious that day; one might even truly historic world figure. what advice we give the President. say Heaven-sent weather—clear blue Pope John Paul will be remembered Failing to answer the question is shirk- skies, sunshine, a gentle wind. for many things: his intellect, his cha- ing our constitutional role in the sepa- After a brief moment to organize, we risma, his warmth, his steadfast belief ration of powers scheme. The Constitu- went to Vatican City. As we drove in the culture of life. Above all, he will tion spells out in certain areas, such as along the roadways, posters lined the be remembered for his humble dedica- passage of constitutional amendments city walls with giant pictures of John tion to God and his unwavering love for and ratification of treaties, where more Paul emblazoned with the words us all, each and every one a child of ‘‘grazie’’ and ‘‘a dio.’’ As we pulled than a simple majority of Senators is God. required. Confirmation of judges is not closer to St. Peter’s Square, priests, Mr. President, I yield the floor. one of these areas. monks, pilgrims, and well-wishers from The PRESIDENT pro tempore. The The Senate rules have changed on around the world, many Americans, Senator from Georgia is recognized. several occasions over the years as to would come up and say hello to us, all Mr. CHAMBLISS. Mr. President, I whether and in what circumstances a crowding those stone streets around ask that I be al- is allowed, but we have, un- the Basilica. lowed to take up to 20 minutes of the fortunately, come to a point in time On that first day, our delegation was majority time, and I respectfully ask where the filibuster is being abused to escorted into St. Peter’s to view the the President pro tempore to notify me hold up judicial nominees on which we Pope’s body. We filed into the crowds when I have 2 minutes remaining. are required to act; that is, to say yes as they passed respectfully. Many had The PRESIDENT pro tempore. With- or no. I believe it is in violation of the waited hours and hours, indeed, well out objection, it is so ordered. Constitution. over 24 hours on average. They passed Mr. CHAMBLISS. Mr. President, hav- I want to take a point in fact relative by bowing, saying prayers, crossing ing heard the words of the majority to the circuit in which I practiced for a themselves, and waving small papal leader relative to the delegation that number of years, and that is what is flags. As we came around the corner, was in Rome last week for the burial of happening today with regard to the ju- we came into view of the Holy Father. Pope John Paul II, I think all Ameri- dicial nominee to the Eleventh Circuit It was a powerful moment for our en- cans, as well as every other individual Court of Appeals. The Democrats have tire delegation—the viewing. It was the around the world, were truly moved by held up confirmation of the only nomi- first of many powerful moments over the work of this man over the years he nee President Bush has made to the the remainder of that day and the next served as Pope of the Roman Catholic Eleventh Circuit Court which handles day when the service actually oc- Church. Federal appeals in my home State of curred. Having been to Rome a couple of Georgia as well as Alabama and Flor- As we passed by the body, you could years ago and been in a service that ida. not help but to pause and run through Pope John Paul II celebrated, I, too, As a result, on February 20 of last a series of your own prayers of thank- was very moved by the presence of this year, President Bush exercised his con- fulness, as each and every one of us did. man. Certainly during his term as Pope stitutional authority to make a recess The next day was the funeral. Again, he had a tremendous impact on the appointment of Judge Bill Pryor, the it was a beautiful day—crisp weather, world, and this man is truly going to former attorney general of the State of morning sky glistening overhead. The be missed as a leader, not just of the Alabama. This is square was full, silent, solemn, and re- religious world but as the world leader temporary in nature, but President spectful. We were privileged to enter that he was. Bush has renominated Judge Pryor in the Square and find our seats. Our f the 109th Congress for a permanent po- seats were out front, probably 50 or 75 sition on the Eleventh Circuit Court of yards, both the Senate and House dele- JUDICIAL NOMINEES Appeals. gations. Mr. CHAMBLISS. Mr. President, I As a former member of the Senate The ceremony was about 21⁄2 hours. rise this morning to discuss an issue Judiciary Committee, I know we need Many people have had the opportunity that is very dear to my heart. I prac- to review with great care the qualifica- to see it on television, but the presence ticed law for 26 years before I came to tions of judicial nominees to ensure

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.002 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3507 that they have established a record of of teacher-led prayers as was the posi- ton’s nominees has not been applied to professional competence, integrity, and tion of then Alabama Governor Fob all of President Bush’s nominees, as the proper temperament for judicial James. In addition, General Pryor re- the two nominees, Carolyn Kuhl and service. I intend to vote for confirma- jected Governor James’ suggestion Bill Myers, have been filibustered de- tion of Judge Pryor’s nomination to that the State of Alabama argue that spite their tremendous qualifications. the Eleventh Circuit for the following the first amendment was never incor- President Clinton had 8 years in of- reasons: Since his recess appointment, porated by the 14th amendment and fice and was able to put in over half the Judge Pryor has gained the respect of thus does not apply to the States. active judges on the Ninth Circuit his colleagues on the Eleventh Circuit In sum, Bill Pryor has established an Court of Appeals. I might add that without regard to political persuasions. impressive record as a fair, diligent, some of these active judges turned out This is no surprise to me because Judge and competent public servant. His to be activist judges. But with due re- Pryor is a tremendously selfless public nomination to the Eleventh Circuit en- spect to my colleagues on the other servant who has worked very hard to joys strong bipartisan support in his side, it is time to balance out 17 Clin- help others both within and outside the home State of Alabama, and in my ton and Carter nominees with qualified scope of his official duties. home State, our attorney general, the individuals such as Carolyn Kuhl and In private life, he established a pro- Honorable Thurbert Baker, a Demo- Bill Myers. That is the kind of balance gram called Mentor Alabama which crat, has written in support of Bill Pry- we need on the Ninth Circuit. provides adult role models for at-risk or’s nomination. One of the reasons the Ninth Circuit children, and he has personally acted I urge my Democratic colleagues to needs some balance is the outrageous as such a mentor. In his service as at- stop holding up the confirmation of nature of some of the decisions coming torney general for the State of Ala- President Bush’s only nominee to the from that bench. For example, in the bama, Bill Pryor established a record Eleventh Circuit by voting to move for- 1996–1997 term, Judge Reinhart, a of evenhanded enforcement of the law. ward with Judge Pryor’s nomination Carter appointee, was overturned six A noteworthy example of his fair- when it reaches the floor. times in cases where he was the author minded treatment of his public duties Now let us look at another circuit. I of the majority opinion. is his enforcement of Alabama abortion just explained what the situation is To cite specific examples of out- laws. Bill Pryor is personally opposed with the Eleventh Circuit. Opposition rageous cases of judicial activism, the to abortion based on his deeply held to some of President Bush’s nominees Ninth Circuit Court of Appeals has, faith as a Roman Catholic. However, in in other areas of the country such as first, barred children in public schools 1997, the Alabama Legislature enacted the Ninth Circuit strikes me as odd be- from voluntarily reciting the Pledge of a ban on partial birth abortion that did cause it directly contradicts what some Allegiance—that was in Newdow v. not comport with the Supreme Court’s Democrats have said in the past about U.S. Congress, a 2002 case; second, ini- decision in Planned Parenthood v. the concept of balance on the courts. tially barred California from holding a Casey. The Alabama statute prohibited My friend from the other side of the gubernatorial recall election notwith- abortions prior to as well as following aisle, the senior Senator from New standing a clear State statutory viability of the fetus. Attorney General York, acknowledged a couple of years scheme and widespread popular sup- Pryor ordered law enforcement offi- ago in a speech on the Senate floor port, which was a 2003 decision in the cials to enforce the law only insofar as that the Ninth Circuit was ‘‘by far the case of Southwest Voter Registration it was consistent with the Supreme most liberal court in the country.’’ Education Project v. Shelley; third, in- To quote from the CONGRESSIONAL Court’s precedents which encompassed vented a constitutional right to com- RECORD of March 13, 2003, Senator only postviability situations. In so mit suicide, a 1996 decision, Compas- SCHUMER stated: doing, he adopted the narrowest pos- sion in Dying v. Glucksberg; and sible construction of the Alabama stat- I believe there has to be balance, balance on the courts. And I have said this many fourth, made it far more difficult to ute. times, but there is nothing wrong with a Jus- prosecute those who give material sup- Moreover, in the wake of September tice Scalia on the court if he is balanced by port to foreign terrorist organizations, 11, 2001, many abortion clinics were re- a Justice Marshall. I wouldn’t want five the case of Humanitarian Law Project ceiving letters with threats of anthrax Scalias, but one might make a good and in- v. U.S. Department of Justice, a 2003 exposure. In response, Attorney Gen- teresting and thoughtful court with one case. eral Pryor held a press conference in Brennan. A Rehnquist should be balanced by Also, this court struck down Califor- which he asserted that the Alabama a Marshall. nia’s three strikes criminal sentencing law ‘‘provides stern felony penalties for Four of President Bush’s nominees to law in the case of Andrade v. California those who now prey upon the public the Ninth Circuit—Richard Clifton, in 2001 and only implemented the Su- anxiety over fears of anthrax and other Jay Bybee, Consuelo Callahan, and preme Court’s reversal of that decision potential dangers. We warn anyone Carlos Bea—have been confirmed and by a divided panel with Judge who is tempted to do so that their are now sitting on the Ninth Circuit. Reinhardt upholding the defendant’s deeds are not a joke and will not be That is the good news. But Democrats sentence only under the Supreme treated as mild misbehavior, but as a refused to give an up-or-down vote to Court’s ‘‘compulsion’’ and Judge despicable crime against their fellow two of President Bush’s nominees to Pregerson stating that ‘‘in good con- citizens that will not be tolerated.’’ At the Ninth Circuit, or one-third of the science’’ he could not follow the Su- this crucial time in history, Bill Pry- judges he has nominated. When one preme Court’s decision. or’s statement sent a clear message considers that 14 out of the 26 active Lastly, that court held that a foreign that anthrax threats against abortion sitting judges on the Ninth Circuit national criminal apprehended abroad clinics would be prosecuted vigorously. Court of Appeals were appointed by pursuant to a legally valid indictment Despite his personal religious convic- President Clinton and 2 of them were was entitled to sue the U.S. Govern- tions, Bill Pryor has a keen knowledge confirmed in the last year of his Presi- ment for money damages, a 2003 case, of the Constitution’s requirement that dency, the Judiciary Committee and Alvarez-Machain v. United States. the Government make no law respect- the Senate in general treated President I could go on, but there is no small ing the establishment of religion or Clinton fairly with respect to the wonder, then, that even Senator SCHU- prohibiting the free exercise thereof. Ninth Circuit. Moreover, of the 28 total MER has stated: In Chandler v. Siegleman, as attor- seats on the Ninth Circuit, 17 were The Ninth Circuit is by far the most liberal ney general he persuaded the Eleventh Democratic nominees, 14 by President court in the country. Unless this is the kind Circuit to vacate a district court in- Clinton and 3 by President Jimmy of activist court that Democrats want to junction that prohibited student-initi- Carter. preserve, it’s time to at least allow an up-or- ated prayers in school. Acknowledging We now have two remaining seats on down vote on nominees like Carolyn Kuhl the constitutional distinction between the Ninth Circuit to fill, and we have and Bill Myers to restore some balance. student-led prayers and teacher-led seen two nominees from President There have been two issues that have prayers, Bill Pryor refused to argue on Bush to fill these seats. The fairness been raised by the other side during appeal in favor of the constitutionality that the Senate showed President Clin- the debate and the filibuster by the

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.004 S13PT1 S3508 CONGRESSIONAL RECORD — SENATE April 13, 2005 other side of the aisle relative to the need to be followed in most instances. judicial nominees from the President, judicial nominees sent up by the Presi- But there comes a time when you have when they were put forward, were ex- dent. One of those is the fact that fili- to look the American people in the eye amined by the Judiciary Committee bustering Federal judges is not some- and say: I know Americans sent a ma- very closely, as they should be, as to thing that is new, and it is a conten- jority party to the Senate, and I know their temperament, philosophy, and tion of the other side of the aisle that you want us to carry out the will of the scholarship. If they received a favor- Republicans initiated a filibuster on American people but, unfortunately, able recommendation from the com- the nomination of Judge Abe Fortas even though it only takes 51 votes to mittee, they would come to the floor back in the Johnson administration. I confirm one of President Bush’s judi- and Senators would vote for them or will once again set the record straight cial nominees, we have a Senate rule against them. In the last 2 or 3 years, relative to exactly what happened, and that says you have to have 60 votes be- what we have seen is unprecedented ob- I will quote because I want to make fore you get to the point where you struction, a requirement, in effect, of a sure that we get this exactly right. only have to have 51 votes. It doesn’t 60-vote margin for judges, particularly This is from a statement made by the take a Philadelphia lawyer to figure at the appellate level. The most egre- former chairman of the Judiciary Com- out something is wrong with that rule, gious in recent years, in my view, was mittee, Senator ORRIN HATCH, in some and it needs to be corrected. Miguel Estrada. He is an outstanding remarks that were made on the Senate As we move into the consideration of individual, completely qualified—great floor on March 1, 2005. Senator HATCH these judges, I hope we will reach an scholarship, great experience—a mod- stated as follows: accord so the integrity of this institu- ern-day Horatio Alger story, having Some have said that the Abe Fortas nomi- tion will be maintained. Hopefully, our come to this country from Central nation for Chief Justice was filibustered. rules can be maintained intact. But it America, applying himself, doing well. Hardly. I thought it was, too, until I was cor- is imperative we do the will of the Indeed, the American Bar Association rected by the man who led the fight against American people, which is move toward unanimously gave him their highest Abe Fortas, Senator Robert Griffin of Michi- the confirmation of the President’s ju- recommendation and endorsement. gan, who then was the for the dicial nominees as required by the Con- That went on for a year. Then it went Republican side and, frankly, the Demo- on for another year. It went on for over cratic side because the vote against Justice stitution of the United States. Fortas, preventing him from being Chief Jus- I yield the floor. 2 years, and he finally had to withdraw, tice, was a bipartisan vote, a vote with a The PRESIDING OFFICER (Mr. notwithstanding the fact that a vast hefty number of Democrats voting against SUNUNU). The Senator from Virginia. majority of Senators were actually for him as well. Former Senator Griffin told me f Miguel Estrada. and our whole caucus there never was a real It is not unique to him. It has hap- filibuster because a majority would have ISSUES CONFRONTING THE pened to roughly 10 or so appellate beaten Justice Fortas outright. Lyndon SENATE judges, including those nominated for Johnson, knowing that Justice Fortas was Mr. ALLEN. Mr. President, I rise to the Ninth Circuit, which is the circuit going to be beaten, withdrew the nomina- share with my colleagues my observa- where you have adventurous, activist tion. So that was not a filibuster. There had tions and urgings on two issues: One, never been a tradition of filibustering major- judges who ignore the will of the peo- ity-supported judicial nominees on the floor following on the eloquent remarks of ple. For example, the recitation of the of the Senate until President Bush became the Senator from Georgia, SAXBY Pledge of Allegiance in schools, which President. CHAMBLISS, on the importance of they struck down because they are con- I think that factual statement by judges and actions in the Senate; and cerned about the words ‘‘under God.’’ Senator HATCH says it all relative to the second has to do with our National That is the sort of activist judiciary any issue concerning the contention Guard and Reserves who are being that is ignoring the will of the people, that this is not the first time we have called up for duty and what the Federal who are the owners of this Govern- seen on the floor of the Sen- Government can do to be helpful to ment. ate. As we move into the consideration them. People say: What do we need to do, of these judges for confirmation, I am JUDGES and they up come with this term, ‘‘nu- not sure what is going to come out First, on judges, I look at four pillars clear option.’’ It is a constitutional op- from the other side. as being essential for a free and just so- tion. It shows how out of touch people I have great respect, first of all, for ciety: freedom of religion, freedom of are in calling this a , this institution in which we serve. I am expression, private ownership of prop- when all it is is the question of wheth- very humbled by the fact, as is every erty, and fourth, the rule of law. The er it is a majority vote to give advice one of the 100 Senators here, that our rule of law is where judges come in, and consent or to dissent on a par- respective States have seen fit to send where you have fair adjudication of dis- ticular judicial nomination. It is my us here to represent them. But as I putes, as well as the protection of our view, in the event the minority party traveled around the country last year, God-given rights. continues with the approach of ob- campaigning for President Bush, as It is absolutely essential we have structing the opportunity of a nominee well as for Senate nominees, I continu- judges on the bench at the Federal to have fair consideration, then this ously heard from individuals—whether level, and at all levels, who understand constitutional option must be utilized. it was in a formal gathering or whether their role is to adjudicate disputes, to We should not be timid. We should not it was in an informal gathering such apply the facts and evidence of the case cower. I believe the obstructionist ap- as, on a lot of occasions, being in air- to the laws, laws made by elected Rep- proaches are preventing me from exer- ports, or sometimes even walking down resentatives. We are a representative cising my duty and responsibility to the street—it was unbelievable the democracy. That means the judges the people of the Commonwealth of number of Americans, and I emphasize ought to apply the law, not invent the Virginia to advise and consent on these that these were not Republicans or law, not serve as a superlegislature, judicial nominations. I hope my col- Democrats in every instance, they were not to use their own opinions as to leagues will not continue this obstruc- just Americans who were very much what the law should be but rather tionist approach. In the event they do, concerned about what is happening apply it. That is absolutely essential then we have to use the constitutional with respect to the judicial nominees for the rule of law, for the credibility option. I do not think it is too much to on the floor of the Senate. and stability one would want to be able ask Senators to get off their haunches The PRESIDENT pro tempore. The to rely on in our representative democ- and show the backbone or spine to vote Senator now has 2 minutes left, at racy for investments and, as we ad- yes or no, but vote, and then explain to which time there will be 10 minutes vance freedom, to try to have the peo- their constituents why they voted the left for the majority. ple of other countries around the world way they did on any particular man or Mr. CHAMBLISS. I thank the Chair. put into place these four pillars of a woman who has been nominated to a This body has a number of rules free and just society. particular judicial position. which have been in place for decades. What we have seen is a break of I am hopeful we do not have to use it, Those are good and valid rules and precedent in the Senate. For 200 years but if we do, go for it. Do not cower. Do

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.006 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3509 not be timid. The people, as my col- cruitment and retention of those who dle of May. That is the contrast be- league from Georgia said, all across are serving our country, who are dis- tween two nominees. this country, whether they are down in rupting their lives and, in fact, are I think one of the things that makes Cajun country in Louisiana, whether being called up more frequently and for Dr. Griffin so attractive as the head of they are in Florida, whether they are longer duration than ever before. NASA is not only that he is literally a in the Black Hills of South Dakota, or I hope we will see that agreed to on rocket scientist with six graduate de- whether they are in the Shenandoah the supplemental some time today. I grees. Not only does he have excep- Valley of Virginia, expect action on also hope we will get back to the 200- tional experience in the Nation’s space judges. As much as people care about year history of the Senate on consider- program, both the manned and un- less taxation and energy security for ation, treatment, and actual voting on manned programs, but he carries with this country and wanting us to be lead- outstanding judicial nominees who him a demeanor that contains an ele- ers in innovation, they really expect have come out of the Judiciary Com- ment of humility, which will serve him the Senate to act on judges. It is a val- mittee with a favorable recommenda- well in the NASA family. NASA is a ues issue. It is a good government tion. family. We have seen that borne out in issue. It is a responsibility-in-gov- I yield the floor. the history of our space program in erning issue that needs to be addressed. The PRESIDING OFFICER. The Sen- times of tragedy as we have had in the AMENDMENT NO. 356 ator from Florida. past. The NASA family comes to- I would like to turn my attention to Mr. NELSON of Florida. Mr. Presi- gether, and in times of triumph not the amendment pending on the supple- dent, am I correct that we are in morn- only with the extraordinary space ac- mental, one submitted by Senators ing business and it is appropriate to ad- complishments we have had, but in DURBIN, MIKULSKI, and me. This dress the Senate in morning business? times of extraordinary triumph where amendment will eliminate the pay gap The PRESIDING OFFICER. The Sen- in fact it has been said that failure is that many of our Federal employees ate is in a period of morning business. not an option. The extraordinary suc- who serve in either the National Guard The minority side controls 30 minutes. cess we had with Apollo 13 in which we or the Reserves suffer when they are The Senator is recognized. thought we had three dead men on the called up for active duty. We need to do f way to the Moon when the Apollo mod- ule blew up, and how in real time peo- everything we can within reason to re- THE NOMINATION PROCESS cruit and retain those who serve in the ple in a simulator back in Houston, Guard and Reserves. We, as a Federal Mr. NELSON of Florida. Mr. Presi- people in mission control, the design Government, and I, as a Senator, en- dent, yesterday it live the nomination engineers—all came together to figure courage private businesses to make up and confirmation process as envisioned out the fix. Since the main propulsion that pay gap. by our Constitution with regard to two system had blown up, rapidly losing Many times, when people get called nominees. The Constitution, of course, electricity, and how to design the cir- up, their Active-Duty pay is less than provides that it is a two-step process: cumstances which in a trajectory to- they would be getting in the primary the President nominates and the Sen- wards outer space they could get back job. That is what the pay gap is. It is ate then confirms or rejects. In this home safely to Earth. And they did one of the key factors, top five factors case, there was quite a contrast be- that. in people not re-upping. It does have an tween the two nominees. That is another illustration of how impact on their families. On average, In one of my committees, the For- the NASA family works when it comes the pay-gap loss is about $368 a month. eign Relations Committee, we have a together. It wants a leader who has an They still have housing payments, they highly contentious, highly divisive de- appreciation of that family, who knows still have food. Many of those who bate raging over the nominee of the something about the business of that serve in the Guard and Reserve have President, Mr. John Bolton, to be the family, and who in fact can comport families, and those expenses go on. Permanent Representative of the themselves with humility. Out of the 1.2 million members of the United States to the United Nations. It Interestingly, this is a contrast to National Guard and Reserves, 120,000 is a very significant post representing the other nomination being considered are also employees of the Federal Gov- the wishes of the American people, of at the same time, on the very same ernment. As of January 2005, 43,000 the U.S. Government, to the world day, in another one of my committees. Federal employees have been activated body, the United Nations. This is a controversial nomination be- since September 11, 2001, and are serv- While at the same time those con- cause of the alleged improprieties ing courageously and beneficially for firmation hearings were occurring in which stem not from a sense of humil- our freedom and our security. Right the Senate Foreign Relations Com- ity but from a sense of entitlement, now there are more than 17,000 on ac- mittee, another one of my committees, even bordering on arrogance in de- tive duty. the Commerce Committee, was consid- manding one’s way. Not one’s personal There are those firms in the private ering the nomination of Dr. Michael beliefs and ideology—we can all debate sector who have made up this pay gap. Griffin to be administrator of NASA. those because those are differences of There are over 900 companies, such as Dr. Griffin’s nomination is quite a con- issues. But in this particular case, Mr. IBM, Sears, General Motors, UPS, trast to Mr. Bolton’s nomination, for it Bolton is alleged to have berated intel- Ford, that make up the pay differen- is embraced almost unanimously in a ligence analysts and, according to the tial. In fact, 23 States have enacted bipartisan way. The extraordinary sup- allegations from some former very similar legislation to make up the pay port is shown even to the point that high-ranking State Department offi- difference. I am proud to say one of the chair of the Science and Space Sub- cials, insisting that they be fired, dis- them is the Commonwealth of Virginia. committee, Senator HUTCHISON of missed, or transferred because their The Senate has supported this in the Texas, and I, the of analysis of the intelligence differed past. I think it makes a great deal of that subcommittee, both requested with his. Contrast the personalities, sense that we support not only the that the chairman of the full com- the nominee to be NASA administrator members of the Guard and Reserves mittee, Senator STEVENS, accelerate and the nominee to be the U.S. Rep- who are called up to active duty who the confirmation process. So that Dr. resentative to the U.N., contrast of serve in the Federal Government, but Griffin could be confirmed by the com- styles, contrast of attitudes, and con- also support their families. I think this mittee and we could get his nomina- trast of capabilities. Thus, it leads to amendment, which I am sponsoring tion to the floor of the Senate this extraordinary differences in the nomi- along with Senators DURBIN and MI- week, putting him in place as the ad- nation process. KULSKI, makes a great deal of sense. It ministrator next Monday. NASA des- I wish all of the nominations were as is one I hope, when we get to voting on perately needs to have a strong leader Dr. Griffin in NASA, except for one hic- it sometime today, will enjoy the sup- in place, particularly as we recover cup that I think we are taking care of port of all the Members of the Senate. from the disaster to Columbia. We are with the junior Senator from Virginia. It is very important we do what we also going to launch an expected flight It is my hope that today Chairman can, within reason, to help in the re- for recovery somewhere about the mid- STEVENS will call the committee, that

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.008 S13PT1 S3510 CONGRESSIONAL RECORD — SENATE April 13, 2005 we will vote Dr. Griffin out of the Com- We find, if we don’t do something, the Senate would simply become a merce Committee and get his nomina- that none of us will have any privacy rubberstamp for the President. It tion to the floor. At least by tomorrow, left. It used to be in the old days that would allow whichever political party so his name can be sent, confirmed, and we were careful to shred our records, or is in power, Republican or Democrat, the President can go ahead and swear keep them locked up. Now we know all to have the say over our Nation’s him in. of this private, personal, and financial courts. I will not stand for that. INFORMATION DATA BROKERS information is in the hands of informa- This is a basic argument about the If that were not enough to engage tion brokers who have it on computer— future of the Senate. It is about how one Senator from the State of Florida billions of bits of information. They we are going to conduct our business. I in activities, we also saw yesterday a are trading it and selling it and buying believe in giving the people a voice, in day that started to bring out new rev- it. There is something we can do about standing up for those people who sent elations on a completely different sub- it. I suggested one way a month ago me here, and in protecting the rights of ject. This time we found from the wire when I offered a bill that has been re- minorities everywhere. reports that the number of names ferred to the Commerce Committee. One of the first things every child is which had been thought to have been Today, Senator SCHUMER of New York taught about American Government is missing or stolen from an information and I have taken a number of bills, in- the separation of the three branches. data broker, namely one located in my cluding mine and his, and we have put This separation and the checks and State, a company called Seisint in them together into a comprehensive balances that come with it are funda- Boca Raton, FL, owned by LexisNexis. package. The bill is being referred to mental to the greatest system of gov- The company is owned by an inter- the Commerce Committee, and it is my ernment ever created. This system is national conglomerate located in hope we will get the Senate to start worth protecting. That is exactly what France, which a month ago announced moving on this. As we speak, the Judi- many of my colleagues and I intend to that 30,000 names were missing—that is ciary Committee is having a hearing on do. 30,000 names and Social Security num- this very subject. It is my hope we will This is not a debate about judicial bers, and who knows how much other get some action so we can protect the nominations. It is about increasing the sensitive information. These records personal identity of every American. amount of power that is wielded by the are compiled in this company for many I yield the floor. majority. We hear a lot about judges in law enforcement agencies. We were The PRESIDING OFFICER. The Sen- the Senate, so let me put that discus- told yesterday the number is now not ator from Washington. sion in context for a minute. 30,000, it is 10 times that; it is over f The judges who serve on the Federal 300,000. bench affect the lives and liberties of This is one of a series of five or six NUCLEAR OPTION every American. These are lifetime ap- revelations in the last 2 months of in- Mrs. MURRAY. Mr. President, I pointments. This is not the nomination formation. Data brokers trade and sell imagine that recently it has been pret- to a commission or nomination to an this information about us—information ty difficult to wake up every morning ambassadorship; this is a lifetime ap- that normally we would be so careful to read the newspaper if you are a Fed- pointment for a Federal judge whose in seeing that it’s secured and locked eral judge. Extremists in and out of rulings over the next 30 or 40 or more up or shredded so somebody can’t get Washington, DC, have nearly declared years will have ramifications for every that information and go out and steal war on the judiciary, from demanding our identity. We now find these infor- single American. retribution for recent decisions that As Senators, we are elected to serve mation brokers—in one case called lawmakers disagree with to suggesting our constituents. We are asked to con- ChoicePoint—have 12 billion records; impeachment for judges who do not toe firm judges whose decisions can change they have records on virtually every U.S. history and shape the lives of American. the party line. It is discouraging, it is We have seen over the last couple of disheartening, and it is downright American people for generations to months a series of these stories where wrong. come. the information is suddenly missing, or But what is so concerning about this When any citizen, Republican or they found that somebody hoodwinked recent rhetorical assault is it is being Democrat, in a blue State or a red them and bought their information backed by action that has nothing to State, a man or a woman, no matter under false pretenses. It is now out in do with judges and everything to do what race, color, or creed, comes before the public domain in somebody else’s with increasing Republican power at a judge, we have a responsibility to en- hands. the expense of our Constitution. sure they will get a fair shake. That Members of the Senate, if we don’t do I am deeply concerned that Repub- citizen, no matter who or where they something about this, none of us in licans are trying to increase their are, must know our system will work America will have any privacy left be- power by ignoring rules dating to our for them. They have to have confidence cause our personal identities will be country’s founding. They want to push in that. taken from us. through radical judicial nominees who How can we make those assurances I hope Senators have had an oppor- will serve a lifetime on the bench by to each and every Senator, Republican tunity to experience what I have in eliminating a 200-year-old American or Democrat, red or blue State, man or talking with victims of identification rule allowing each Member in the Sen- woman, no matter what race, color or theft. One of the biggest complaints, ate to speak out on behalf of our con- creed, if Republicans alone are select- aside from the harassment and the fi- stituents and to fight for the ideals we ing, considering, and confirming them nancial losses, is they can’t get their hold dear. to the courts? I don’t believe we can. identity back. They do not know where We had an election last year, and it In addition, we expect Federal judges to go. They go to their local law en- is true, Republicans ended up with a to provide the proper check in our sys- forcement. We can’t help you. They go majority in this body. But that does tem of checks and balances outlined in to their State agencies. We can’t help not mean half the country lost its our Constitution. Without it, our sys- you. They go here, they go there, and voice. That does not mean tens of mil- tem does not function properly. We they keep getting referred to somebody lions of Americans will have no say in have to ensure each and every nominee else, and all the while somebody else our democracy. That does not mean for the courts has sufficient experience has their identity. Maybe they are put Republicans have carte blanche to pack to sit in judgment of our fellow citi- on the watch list, or the do-not-fly list, the courts and to ignore the rights of zens. We have to ensure every nominee or suddenly they are getting dinged for the minority. will be fair to everyone who comes be- $25,000 charges on a credit card, or In reality, this is not about judges. fore their court. We have to ensure their driver’s license—such as the This is not about a Senate procedural every nominee will be evenhanded in truck driver’s license in Florida which change. This is, plainly and simply, a administering justice, and we have to gives the privilege of driving vehicles power grab and an effort to dismantle ensure every nominee will protect the loaded with hazardous materials. Guess the checks and balances our Founding rights and the liberties of each and what that would do in the wrong hands. Fathers created. Without that system, every American.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.010 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3511 To determine if a nominee meets We, in fact, confirmed Ron Leighton, I yield back the remainder of the those standards, we have to explore a distinguished trial lawyer in Tacoma time on this side and I suggest the ab- their record, we have to ask them ques- who is now a U.S. district court judge sence of a . tions, we need to weigh their responses. for the western district of Washington The PRESIDING OFFICER. Without That is a tremendous responsibility of in Tacoma. objection, all time is yielded back. each and every Senator. It is one I take We confirmed Lonny Suko as a dis- The clerk will call the roll. very seriously. trict court judge for the eastern dis- The assistant legislative clerk pro- In the Senate we have made a lot of trict of my State. He is a distinguished ceeded to call the roll. progress in confirming the judges lawyer and a U.S. magistrate judge Mr. OBAMA. Mr. President, I ask President Bush has nominated. Look at who has earned the respect of many in unanimous consent that the order for the figures. The Senate has now con- his work on some of eastern Washing- the be rescinded. firmed 205 judicial nominees of Presi- ton’s most difficult cases. The PRESIDING OFFICER (Mr. dent Bush. In 3 years we have stopped We also confirmed Judge Ricardo GRAHAM). Without objection, it is so 10 of those whose records raised the Martinez for a vacancy on the U.S. dis- ordered. highest questions about their abilities trict court for the western district of Mr. OBAMA. Mr. President, I ask to meet the standard of fairness every Washington State. He, in fact, holds unanimous consent to speak as in American expects. Let me repeat that: the distinction of becoming the first morning business. We have confirmed 205 judicial nomi- Latino district judge in the history of The PRESIDING OFFICER. Without nees. That is a confirmation of 95 per- our State. For over 5 years he has objection, it is so ordered. cent. We have confirmed 205 judges, the served as magistrate judge for the U.S. Mr. OBAMA. Mr. President, I rise best confirmation rate since President District Court in the western district. today to urge my colleagues to think Reagan. Today, 95 percent of Federal Before that, he was a superior court about the implications of what has judicial seats are filled. This is the judge for 8 years and a King County been called the nuclear option and lowest number of vacancies in 13 years. prosecutor for 10 years. I will never for- what effect that might have on this get calling him from the Senate floor There are now more Federal judges Chamber and on this country. I urge all after we completed his vote on the con- than ever before. of us to think not just about winning I have to point out while the major- firmation. I could hear the cheers in every debate but about protecting free ity is complaining today about our the background from a truly overjoyed, and democratic debate. confirmation rate, it was a different deserving family. During my Senate campaign, I had Also during the first term we con- story during the Clinton administra- the privilege and opportunity to meet firmed Judges Richard Tallman and tion. Back then, Republicans used Americans from all walks of life and James Robart. Both of them are now many roadblocks to stop or block the both ends of the political spectrum. serving lifetime appointments with confirmation of judges who were nomi- They told me about their lives, about dignity. their hopes, about the issues that mat- nated by President Clinton. During In Washington State, we are making ter to them, and they also told me Clinton’s second term, 175 of his nomi- genuine bipartisan progress confirming what they think about Washington. nees were confirmed and 55 were judges. It is a process that serves the Because my colleagues have heard it blocked from getting votes. During people of my home State well. Our themselves, I know it will not surprise those years, the majority used the record of bipartisanship makes this many of them to learn that a lot of committee process to ensure nominees current Republican power grab all the people do not think much gets done they disagreed with never came to a more outrageous. The record proves it around here on issues about which they vote in the Senate and 55 never re- is not about judges at all. This proce- ceived consideration. dure is about destroying the checks care the most. They think the atmos- The Senate has an impressive record and balances our Founding Fathers phere has become too partisan, the ar- of confirming judges. That is clear in created to prevent the abuse of Govern- guments have become too nasty, and the 98-percent confirmation rate, the 95 mental power and to protect the rights the political agendas have become too percent of Federal judicial seats that and freedoms of all Americans. Now we petty. are filled, and today the lowest number are hearing the Republicans want to While I have not been here too long, of vacancies in 13 years. destroy the independence in Federal I have noticed that partisan debate is I will talk about the process we have judges by rewriting the rules so they sharp, and dissent is not always well used in my home State of Washington can ram through appointment of Fed- received. Honest differences of opinion to confirm judges. We have worked out eral judges, especially a Supreme Court and principled compromise often seem a system to ensure that Washington Justice, who will overreach and roll to be the victim of a determination to judges are nominated and confirmed back the rights of American people. score points against one’s opponents. even when different political parties Recent comments by advocates on But the American people sent us here hold Senate seats or control the White the other side and even by some elected to be their voice. They understand that House. For many years I worked with a officials have left me very worried those voices can at times become loud Republican Senator and a Democratic about the future of the independent ju- and argumentative, but they also hope President to nominate and confirm diciary. It seems many in this country we can disagree without being dis- Federal judges from my State. Today, are intent on running roughshod over agreeable. At the end of the day, they with a Republican President I am the Constitution, bent on misusing expect both parties to work together to working with my colleague from Wash- their power to destroy fundamental get the people’s business done. ington State on a bipartisan process to principles of our great democracy. What they do not expect is for one recommend judicial candidates. We de- That is not how America works. It is party, be it Republican or Democrat, to veloped a bipartisan commission proc- not what our Founding Fathers in- change the rules in the middle of the ess that forwards names to the White tended. In our democracy, no single game so they can make all the deci- House. It has worked very well. Both person and no single political party sions while the other party is told to sides had equal representation on the may impose extreme views on the Na- sit down and keep quiet. commission. The commission inter- tion. The constitutional system of The American people want less par- views and vets the candidates. checks and balances was set up for a tisanship in this town, but everyone in It worked for Senator Gorton and me reason. It has worked for two cen- this Chamber knows that if the major- when we forwarded names to President turies. There is no reason to destroy ity chooses to end the filibuster, if Clinton and it is working well for Sen- this fundamental principle now. they choose to change the rules and ator Maria Cantwell and me as we rec- My colleagues and I are standing up put an end to democratic debate, then ommend names to President Bush. I to these abuses. We are fighting to pro- the fighting, the bitterness, and the am very proud that during President tect the historic power of this body to gridlock will only get worse. Bush’s first term we worked together make sure it is not a rubberstamp for I understand that Republicans are to confirm five excellent judges sectarian, partisan, special interests. getting a lot of pressure to do this from through this bipartisan commission. We will continue to do so. factions outside the Chamber, but we

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.012 S13PT1 S3512 CONGRESSIONAL RECORD — SENATE April 13, 2005 need to rise above ‘‘the ends justify the The PRESIDING OFFICER. Without felt there were representations being means’’ mentality because we are here objection, it is so ordered. made to the American people about the to answer to the people—all of the peo- f nature of this threat that were just ple, not just the ones who are wearing plain wrong. our particular party label. AMENDMENT NO. 356 TO H.R. 1268 I listened in the Intelligence Com- The fact is that both parties have Mr. DURBIN. Mr. President, I ask mittee as they described the evidence worked together to confirm 95 percent unanimous consent that the following of weapons of mass destruction and was of this President’s judicial nominees. Senators be added as cosponsors to my puzzled. I could not understand the The Senate has accepted 205 of his 214 amendment: Senators KERRY, statements from the administration selections. In fact, we just confirmed LANDRIEU, SARBANES, LEAHY, LINCOLN which were coming out about all of another one of the President’s judges and LAUTENBERG. these weapons of mass destruction in this week by a vote of 95 to 0. Overall, The PRESIDING OFFICER. Without Iraq that threatened us in the Middle this is a better record than any Presi- objection, it is so ordered. East and around the world; the evi- dent has had in the last 25 years. For a Mr. DURBIN. Mr. President, for those dence was not there. The people that President who received 51 percent of who are following the business of the we needed on the ground to confirm the the vote and a Senate Chamber made Senate, after morning business we hope evidence were not there. up of 55 percent of the President’s to move to closure of debate on my In addition, there was a lot of specu- party, I would say that confirming 95 amendment. It is my understanding lation about nuclear weapons that Sad- percent of their judicial nominations is that Senator STEVENS is returning dam Hussein was developing with alu- a record to be proud of. from the White House and would like minum tubes to be used in centrifuges. Again, I urge my Republican col- to speak on the amendment, and we As we listened to the agencies of our leagues not to go through with chang- will have a formal unanimous consent own Government in hot debate over ing these rules. In the long run, it is request but it is my intent to protect whether or not these tubes had any- not a good result for either party. One his right to speak for up to 5 minutes thing to do with nuclear weapons, I was day Democrats will be in the majority and to protect my right to close for up puzzled as to how some of the leaders again, and this rule change will be no to 5 minutes. Otherwise, our goal is to in this administration could be talking fairer to a Republican minority than it try to have a vote at 12:15 on this about mushroom clouds because Sad- is to a Democratic minority. I sense that talk of the nuclear op- amendment. I say that even though dam Hussein is going to detonate a nu- tion is more about power than about there has not been a formal consent clear weapon. They talked about some fairness. I believe some of my col- agreed to, but that is what the discus- connection between the terrible trag- leagues propose this rule change be- sion leads to. edy of 9/11 on America and Saddam cause they can get away with it rather For those who are following this de- Hussein, and yet there was no evi- than because they know it is good for bate, this is an important bill that is dence—and there still is absolutely no our democracy. before us. It is the supplemental appro- evidence—connecting Saddam Hussein Right now we are faced with rising priations bill. The President has come to that terrible tragedy that occurred gas prices, skyrocketing tuition costs, to Congress and asked for money to on 9/11. a record number of uninsured Ameri- wage the war in Iraq and Afghanistan. As this evidence accumulated, Sen- cans, and some of the most serious na- What we find curious is that this ator BYRD, myself, and many others tional security threats we have ever amount is not being included in the said the case that the administration is had, while our bravest young men and President’s budget. In fact, he is argu- making for the invasion of Iraq is not women are risking their lives halfway ing he is moving toward a balanced there. The evidence is not there. I per- around the world to keep us safe. These budget but fails to include the cost of sonally feel one of the worst things are challenges we all want to meet and the war. that can happen in a democracy is problems we all want to solve, even if It is my understanding, and I think I when the leadership of a democratic we do not always agree on how to do it. am close on this number, with this ad- government misleads the American But if the right of free and open debate ditional $81 billion, we will have allo- people into believing there is a threat is taken away from the minority party cated and spent $210 billion on the war that does not exist. and the millions of Americans who ask in Iraq and Afghanistan. The President I am not arguing that they delib- us to be their voice, I fear the partisan refuses to include this in his budget. If erately misled us. It could have been a atmosphere in Washington will be he did, we would have a much deeper sin of omission. I do not know the an- poisoned to the point where no one will deficit than currently stated. swer to that. But the fact is those of us be able to agree on anything. That does Those of us who believe in at least who voted against the use of force had not serve anybody’s best interest, and honesty in accounting cannot under- serious questions as to the justification it certainly is not what the patriots stand why we are doing this separately. for the war, and I might add serious who founded this democracy had in Why do we have a supplemental bill for questions about our readiness for that mind. We owe the people who sent us this war in Iraq and Afghanistan when war. Trust me and other Senators, if here more than that. We owe them we are clearly going to be there for a we needed to call on any military force much more. period of time? I hope for a short pe- in the world to perform a mission, I Mr. President, I suggest the absence riod of time but at least for some pe- want to dial 911 and find the United of a quorum. riod of time. States on the other end of the line. We The PRESIDING OFFICER. The That budget argument aside, I will go have the very best military in the clerk will call the roll. to the merits of what we are dis- world. I knew they would acquit them- The assistant journal clerk proceeded cussing. The $81 billion for the war in selves very well once the invasion was to call the roll. Mr. DURBIN. Mr. President, I ask Iraq and Afghanistan is a figure that I under way, and I knew they would be unanimous consent that the order for will support. I was one of the Senators successful. I could not predict how long it would the quorum call be rescinded. who joined my great friend and leader The PRESIDING OFFICER. Without Senator in voting against take, and thank goodness it was short- objection, it is so ordered. the resolution to authorize the Presi- lived. But the military aspects of the Mr. DURBIN. Mr. President, if I am dent to use force in this war in Iraq. war and the success notwithstanding, not mistaken, the pending business is Mr. BYRD. Right. it is clear that this administration was the Durbin amendment which I offered Mr. DURBIN. There were 23 of us on not prepared for waging the peace that yesterday. the Senate floor who did that. I believe followed. They were unprepared in The PRESIDING OFFICER. I have it was the right vote not because I am terms of the number of men and women been informed the Senate has not laid making any excuses for Saddam Hus- on the field, in terms of the equipment down that measure yet. sein, a tyrant, a dictator, a man I am that is available, such as armor for Mr. DURBIN. I ask unanimous con- glad is out of power, but many of us, humvees and body armor for soldiers. sent to be recognized as in morning particularly those of us sitting on the We were not prepared for it. Here we business. Intelligence Committee at the time, are, more than 2 years later in Iraq, in

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.014 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3513 a position where we need to stay and and said: We accept the challenge. We The assistant journal clerk read as finish, and we are still arguing over the believe in these men and women. We follows: basics. believe in America. We are going to A bill (H.R. 1268) making emergency sup- I visited Iraq 3 weeks ago, went there stand behind them. So when they are plemental appropriations for the fiscal year after first going to Kuwait and visiting activated, these companies step up, as ending September 30, 2005, to establish and with our troops. I met with the 1644th well as units of local government, and rapidly implement regulations for State Illinois National Guard unit, a trans- make up the difference in pay, giving driver’s license and identification document port unit that moves humvees and them the peace of mind to know that security standards, to prevent terrorists trucks back and forth between Bagh- from abusing the asylum laws of the United even though they are separated from States, to unify terrorism-related grounds dad and Kuwait City every single day their family while away overseas, they for inadmissibility and removal, to ensure at great danger to the men and women are going to have enough money com- expeditious construction of the San Diego driving those vehicles. The first thing ing in to make the mortgage payments, border fence, and for other purposes. they wanted to show me was: get in the pay the utility bills, and all the basics Pending: truck, sit here and look how cramped of life. Kerry amendment No. 333, to extend the it is as we sit here for hours and look When it comes to employers, there is period of temporary continuation of basic al- around. There is no armored protection one employer that does not meet that lowance for housing for dependents of mem- for us as we are driving back and forth obligation; there is one employer in bers of the Armed Forces who die on active through these dangerous zones. Two America, the largest single employer of duty. years after the invasion, we still do not Guard and Reserve soldiers in America, Kerry amendment No. 334, to increase the have the adequate equipment that our that refuses to make up the difference military death gratuity to $100,000, effective troops need. in pay. There is one employer in Amer- with respect to any deaths of members of the This bill will come before us, and I Armed Forces on active duty after October 7, ica which has said for 2 straight years 2001. will support it. I had misgivings, and now, We will not protect the Guard and Durbin amendment No. 356, to ensure that still do, about the initiation of the in- Reserve soldiers’ families while they a Federal employee who takes leave without vasion of Iraq but I do not have any are overseas fighting. There is one em- pay in order to perform service as a member misgivings about providing our sol- ployer in America that coincidentally of the uniformed services or member of the diers, our marines, our airmen and our is praising all of these private-sector National Guard shall continue to receive pay sailors the very best equipment and all employers for standing behind their in an amount which, when taken together the resources they need to perform soldiers and yet refusing to cover their with the pay and allowances such individual is receiving for such service, will be no less their mission and come home safely. own employees. What is that employer? Look at some other aspect of this than the basic pay such individual would It is the United States Government. then be receiving if no interruption in em- war that is equally important. This is a Our Federal Government refuses to ployment had occurred. different war than we have ever waged. make up the pay differential for acti- This is a war that depends on an Amer- The PRESIDING OFFICER. The Sen- vated Federal employees who go into ator from West Virginia. ican fighting force that is largely, or at the Guard and Reserve. It turns out least to a great extent, composed of Mr. BYRD. Mr. President, do I have that some 51 percent of those who are the floor? men and women in the National Guard serving overseas today have seen a dra- and Reserves. We have not done this The PRESIDING OFFICER. The Sen- matic cutback in their pay. How can ator has the floor. before, but we have to do it now. Were we have Web sites and speeches prais- it not for the 40 percent of the 157,000 Mr. BYRD. I ask unanimous consent ing all of the employers across Amer- that I may yield to the distinguished or 160,000 men and women in Iraq from ica, the businesses that stand behind Guard and Reserve units, we would not Senator from Massachusetts, Mr. their soldiers, while the Federal Gov- KERRY, for not to exceed 10 minutes, be able to send our soldiers in the field ernment does not? to fight. Thank goodness those Guard without losing my right to the floor. So for the third time since the inva- The PRESIDING OFFICER. Without and Reserve units are there. sion of Iraq, I am offering this amend- Understand that unlike the Active- objection, it is so ordered. ment. It is called the Reservist Pay Se- The Senator from Massachusetts. Duty military, the Guard and Reserve curity Act, and it says the Federal military come in under different per- Mr. KERRY. Mr. President, I thank Government will meet the obligation the distinguished Senator from West sonal and family circumstances. Here private sector employers are meeting is a man or woman in a Guard unit in Virginia for his courtesy. every day and make up the pay dif- Mr. President, I ask unanimous con- Illinois or virtually any State who ferential for Federal employees who go sent to add Senator LAUTENBERG as a signed up to serve his or her country overseas in the Guard and Reserve. It looking for perhaps some scholarship cosponsor to Senate amendment No. is not a radical suggestion. It is a com- 333 and Senate amendment No. 334. assistance to go to school, ready to re- monsense suggestion that we would spond to a natural disaster or to be The PRESIDING OFFICER. Without stand behind these employees and sol- objection, it is so ordered. called up for a few weeks at a time, and diers as we ask others to do. they are being activated for lengthy I see some of my other colleagues are AMENDMENTS NOS. 333 AND 334 periods, for a year to a year and a half in the Chamber, and I am going to Mr. KERRY. Mr. President, yester- and sometimes more. It is creating a yield the floor at this moment. We are day I introduced two amendments to terrible hardship for the families of hoping for a vote at around 12:15 or so, help our military families to be able to these Guard and Reserve unit mem- but we are going to accommodate the contend with the death of a loved one bers. schedules of the Senators and try to and the problems that flow to these The amendment that is pending be- ask for a unanimous consent. families when one of America’s service fore us is very basic. We have said to I yield the floor. people are lost either in combat or in employers across America, if one of the course of duty. The disruptions are f their employees is in the Guard or Re- obviously enormous and unimaginable serve, and that employee is activated, CONCLUSION OF MORNING in many ways, but one of those disrup- do your best to stand behind that em- BUSINESS tions is that after a period of 180 days, ployee and his family; make certain, if The PRESIDING OFFICER. Morning even in the middle of a school year, a they can, they keep their health insur- business is closed. widow would have to move off the base ance in place, if necessary; try to make f notwithstanding the kids are in the up the differential in pay between what middle of a school year. I can give the the military pays and what they were EMERGENCY SUPPLEMENTAL names of people I have met in a num- making in the private sector so that APPROPRIATIONS ACT, 2005 ber of instances over the course of the soldier who is off risking his life is not The PRESIDING OFFICER. Under last couple of years traveling the coun- worried about the family back home. the previous order, the Senate will re- try, people who talked about the in- And guess what. Almost 1,000 Amer- sume consideration of H.R. 1268 which credible disruption to their family be- ican businesses have stepped forward the clerk will report. cause of this.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.016 S13PT1 S3514 CONGRESSIONAL RECORD — SENATE April 13, 2005 What we have learned listening to mother the medication that her daugh- limit the benefit to combat. But now I the commanders in the military and ter needed, but the pharmacist was left ask my colleagues to heed the advice of also to the families is that when we re- questioning his Nation’s leadership. uniformed military leaders about those cruit, we are not just recruiting indi- Here is what he said: on active duty today and their families vidual soldiers, and when we equip, we I was dismayed that there apparently was in the military. We need to provide this don’t just equip by giving them the no help available for this mother whose hus- benefit to all Active-Duty personnel. weapons and the technology they need band was serving his country. Amy Beth Moore is right. What dif- to fight a war. We recognize we recruit A guy in Abilene, TX, e-mailed me ference does it make where he was a whole family and we retain a whole about his first friend in the world who killed? He was killed preparing the family. We need to have policies that was shot down in Iraq. He left behind a troops to do what we need to do in Iraq, are family thoughtful, family sen- wife and three children. Over 2,000 peo- and his loss is as real whether he was sitive, so we can retain people in the ple honored him at the memorial serv- killed in Iraq or elsewhere. If we fail to military, particularly in a volunteer ice, but that did not do anything to adopt these amendments we are going force where we expend enormous public help his parents, who were draining to confirm the greatest fears of Amy dollars in order to train people to pro- their retirement savings to get health Beth Moore and the over 2,000 Ameri- vide us with the superb capacity we insurance for their grandchildren. This cans who e-mailed their stories to me, have in our military. fallen soldier’s friend wrote: that Washington talks a good game but One of my amendments would pro- Nathan’s family is getting by because of doesn’t really care about these fami- vide an extension of that 180-day period their love and faith in God and each other, lies. of time so you get a year for the school but after losing a son in service to America, For the survivors of our Nation’s fall- year issue and other issues of finding a they should not have to struggle to see that en heroes, much of life remains. Al- suitable home and figuring out whether his wife and children will get by. His wife has though no one can ever put a price on you are going to go back and live with already lost her husband, and his children the loss of the life of any loved one, it will already grow up without their father. your parents, what your job is going to His daughter Courtney will not have her Dad is up to us to try to be generous, and I be, and where you are going to live, so to walk her down the aisle when she marries. think correct, in helping them to put all of these things are not providing They will not have a Dad at their High their lives back together. I urge my added pressure to families who are al- School graduations or at the birth of their colleagues to join me in working to- ready remarkably disrupted. children. They should not have to sacrifice ward a strong bipartisan military fami- The second is an amendment that anymore. lies bill of rights that does right by would extend the death benefits, the That is what this friend wrote to us, those who serve and by their families. total death benefits to families so all of us Senators. Finally, I want to I hope we can start that by taking the those families who are unfortunate share a letter I received in February right direction in adopting these two enough to lose a loved one are not suf- from Amy Beth Moore from Fort Hood, important amendments today. fering for the rest of their lives as a TX. Her two children, Meghan, age 13, I thank the distinguished Senator consequence of that contribution to and Sean, age 10, no longer have their from West Virginia again for his cour- their Nation. father Jim. During his tour in Iraq, tesy. These amendments would be the first Jim was shot at, and his Hummer took I ask unanimous consent to add Sen- strong steps in what I call the military a near deadly bullet in the gas tank. ator DURBIN as a cosponsor. families bill of rights. I am not going When he returned home, he was a sen- The PRESIDING OFFICER (Ms. MUR- to go through all of the details and the ior officer in charge of refitting his KOWSKI). Without objection, it is so or- arguments for that, but I would like to unit for the next deployment. This re- dered. say to my colleagues that yesterday I quired frequent helicopter flights back Mr. BYRD. Madam President, I ask if sent out an e-mail asking Americans to and forth from Texarkana. the Senator will add my name as a co- send stories in about their personal On November 29, 2004, his Blackhawk to both amendments. struggles with these issues, or those of crashed, killing Jim and six other sol- Mr. KERRY. I am honored to have their friends and friends’ families that diers. Listen to what Amy wrote: the Senator from West Virginia as a they heard about. Consider our predicament. But for the cosponsor. In less than 24 hours over 2,000 fami- grace of God, my husband would not have The PRESIDING OFFICER. The Sen- lies responded. They took the time out survived a deployment to Iraq and then was ator from West Virginia retains the of their busy days in the hopes that we working to ready the Fourth Infantry Divi- floor. would listen, so I would like to share a sion for its next deployment. Why should it Mr. BYRD. Madam President, the bill few of those stories with my col- matter where he was killed while serving before us contains funding for a num- leagues. proudly in the military? Why should we as ber of items that can hardly be de- his surviving wife and children not be enti- scribed as emergencies, despite the fact The first is a couple in Austin, TX, tled to the increased death gratuity and life who e-mailed me about one of their two insurance? I have been a full time mom, that they are contained in an emer- young children who has Job’s syn- managing the home front of a career soldier gency supplemental funding bill. drome. When their father was called to and it is now up to me as a widow and a sin- One of those items that fairly leaps duty, Home Depot stopped paying his gle parent to provide for our children. These off the page is a $36 million earmark, salary and cut his health insurance. benefits would greatly assist me in doing tucked away in the report under mili- His wife, who was a schoolteacher, had that and frankly, without them, we will have tary construction for the Army, to to purchase insurance on the open mar- a serious challenge in the days and months build a new, permanent prison at Guan- and years ahead without Jim. I know that tanamo, Cuba. Why is this tucked away ket, leaving her finances in complete compensation in any form will in no way disarray. Her daughter was in the hos- make up for the loss of a loved husband and as an emergency? It is to house detain- pital so often that she eventually used father and all the missed moments that we ees from the war on terrorism. up all of her sick and vacation days. would have shared as a family, but nothing What struck me about this item is The school docked her pay for lost is more important to me right now than try- that the American people are being time, and her financial situation went ing to take care of my children, and it is on asked to build a permanent prison to from bad to worse. their behalf that I make this request. house 220 prisoners from the war on This is because her husband was serv- We have heard from military fami- terrorism when the courts have not yet ing his country, but the Government lies. We have heard from friends. There determined the legal status of the de- did nothing for his family to make up are thousands more such stories across tainees or whether the United States that difference. the Nation. The test is whether we, as can continue to hold these individuals I got an e-mail from a pharmacist a matter of conscience and common indefinitely without charging them whose nurses were upset about a sense, are going to do what is right for with a crime. woman who could not afford medica- those who serve our country. We are walking on thin ice here— tion for her child because her husband I thank the Appropriations Com- thin ice. If ever there was a case of put- had been called to duty in Iraq. They mittee for fixing part of this, for going ting the cart before the horse, this eventually found a way to get the beyond the administration’s request to seems to be it. Construction of a new

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.019 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3515 permanent prison in Guantanamo as- For once, I agree with Secretary tention center from the watchful eyes sumes that the United States has in Rumsfeld, particularly given the alle- of the Red Cross. Nor will allegations place a solid policy and a valid require- gations of abuse that have dogged the of mistreatment of prisoners at Guan- ment for the long term internment of Defense Department’s treatment of de- tanamo be resolved by trading one set detainees at that site when in fact nei- tainees in Iraq and Afghanistan as well of cell blocks for another. ther the policy nor the requirement as Guantanamo. The Defense Depart- There may indeed be advantages to has been validated. ment should not automatically assume moving more Guantanamo prisoners Ever since the Supreme Court ruled an open-ended burden of being the from temporary into permanent deten- last year that U.S. law applied to world’s jailer of foreign enemy combat- tion facilities, but until we have a Guantanamo, and that prisoners held ants. clearer picture of the number of pris- there could challenge their detentions Given all the uncertainties con- oners who will be housed there over the in Federal Court, the status of the de- cerning the future requirements for de- long term, there is no compelling rea- tainees at Guantanamo has been a tention facilities at Guantanamo, son to rush into spending $36 million of matter of open debate. A flurry—we where—oh where, tell me—is the ur- your money—it is your money—the have reached beautiful spring weather gency in this request? The Defense De- taxpayers’ dollars to build a prison now, but a flurry of subsequent legal partment insists that prisoners cur- based on guesstimates instead of facts. challenges mixed with allegations of rently in custody at Guantanamo are At a hearing of the Senate Armed prisoner abuse have only muddied the in conditions that are safe, secure, and Services Committee last month, Gen waters further. humane. The current detention facili- Bantz Craddock, Commander of the In August, a Federal district judge ties at Guantanamo include Camp 4, U.S. Southern Command, which over- ruled that the military tribunals being where detainees live in 10-man bays sees Guantanamo, was asked what the conducted at Guantanamo must be with nearly all-day access to exercise Pentagon was doing to improve the halted because they did not provide yards and other recreational privileges; quality of life for the U.S. military per- minimally fair procedures and violated Camp 1, where detainees are housed in sonnel assigned to Guantanamo. Gen- international law. Hey, look out here. individual cells with a toilet and sink eral Craddock replied that he had sub- Look what we are doing. Where are we in each cell; and Camp 5, the new 100- mitted a list of unfunded requirements going? Meanwhile, another Federal bed maximum security prison that the of several million dollars for U.S. mili- judge recently stopped the Government Pentagon boasts would be envied by tary facilities. But, he continued, ‘‘we from transferring detainees from Guan- many States. Camp Delta also boasts a are watching this closely because we tanamo to other countries pending a 19-bed detainee hospital, which mili- don’t want to get out in front of the review of the process. tary officials describe as a state-of-the- policy with regard to the long-term de- What is wrong with that? At the art facility, complete with first-rate tainee issue down there.’’ heart of the Guantanamo detention dental care. That is good advice from General controversy is whether the detainees With the exception of the existing Craddock, and I would suggest that we are entitled to prisoner of war status maximum security prison, these are apply it to the detention facilities at under the 1949 Geneva Convention, or temporary facilities, but according to Guantanamo as well. It is the policy are they, as the administration con- the Defense Department, they are de- that should drive the construction, not tends, ‘‘enemy combatants’’ who are signed to provide safe, secure, and hu- the other way around. Before we ask entitled to no judicial oversight. It is a mane housing for the prisoners. As the the American taxpayers—before we ask complex legal debate that is unlikely Pentagon is quick to point out, the you, the people out there who are to be resolved anytime soon. And yet the White House has deter- concrete slab and open-air chain-link watching the Senate Chamber here mined that the construction of a $36 enclosures that originally housed pris- with open eyes, with open ears and million maximum security prison at oners when the Guantanamo detention probably with open mouths, you, it is Guantanamo is such an urgent require- facilities opened in January of 2002 are your money—before we ask you, the ment that it cannot allow the courts to long gone. American taxpayers to spend $36 mil- rule on the validity of the administra- The Defense Department, in its jus- lion to build a brand new permanent tion’s detainee policy or even wait for tification for the new prison, asserts prison for foreign detainees at Guanta- the regular appropriations process. Not that the existing temporary facilities namo we should make sure that we even wait for the regular bill—put it in are nearing the end of their useful life, have an ironclad requirement for that the supplemental. will not meet Geneva Convention re- prison. Until the courts have resolved This despite the fact that there is quirements, and will be subject to con- the legal status of the prisoners and currently no overcrowding at Guanta- tinued scrutiny by the International until the Department of Defense and namo, that the prison population is Committee of the Red Cross, the ICRC, the administration determine the role steadily declining—down to approxi- until facility standards are raised. of the department in the long-term de- mately 540 from a high of about 750— Playing the Geneva Convention card tention of the prisoners, building a per- and that the Pentagon has already is a curious tactic coming from an ad- manent maximum security prison at built a $16 million, permanent, state- ministration that selectively cherry- Guantanamo is premature. of-the-art maximum security prison at picks which of the Geneva Convention Madam President, are there any Guantanamo to hold 100 prisoners. At standards it chooses to apply to the pending amendments ahead of this the same time, according to an article prisoners at Guantanamo. The only Ge- amendment? last month in The New York Times, neva Convention requirements cited by The PRESIDING OFFICER. There the Defense Department is trying to the Defense Department in its jus- are amendments pending. enlist the aid of the State Department tification for the new prison are that Mr. BYRD. I will take my amend- and other agencies to transfer more housing units and core functions ment in the order in which the amend- prisoners out of Guantanamo, in an ef- should be contiguous and allow for ment has been called up. fort to cut by more than half the cur- communal conditions where practical— I ask unanimous consent ahead of rent population at Guantanamo. certainly nice-to-have amenities but time if it may be in order to have the The fact is, the Pentagon has no idea hardly a core requirement for the hu- yeas and nays on my amendment, even at this point how many detainees from mane treatment of prisoners. though it won’t be voted on at this mo- the war on terrorism are facing long In fact, the ICRC’s main concern ment. term detention, or where they will about Guantanamo, according to the The PRESIDING OFFICER. Without eventually end up. organization’s website, is not contig- objection, the pending amendments are As Defense Secretary Donald Rums- uous detention units but the fact that laid aside. feld put it at a hearing before the Sen- the administration has attempted to AMENDMENT NO. 367 ate Appropriations Committee in Feb- place the detainees in Guantanamo be- Mr. BYRD. Madam President, I send ruary, ‘‘The Department of Defense yond the law. Building a new prison an amendment to the desk. would prefer not to have the responsi- will not address that concern, and it The PRESIDING OFFICER. The bility for any detainees.’’ will not exempt the Guantanamo de- clerk will report.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.005 S13PT1 S3516 CONGRESSIONAL RECORD — SENATE April 13, 2005 The assistant legislative clerk read and that prior to the Durbin vote Sen- The Department has offered all sorts of as follows: ator STEVENS and Senator DURBIN be reasons why, many of which even con- The Senator from West Virginia [Mr. allocated 5 minutes each to speak; fur- tradict each other. But the bottom line BYRD] proposes an amendment numbered 367. ther, that there be 2 minutes equally is, they refuse to spend the money the Mr. BYRD. Madam President, I ask divided for debate prior to each vote; President requested and the Congress unanimous consent that reading of the finally, that all votes after the first be appropriated to dispose of these chem- amendment be dispensed with. limited to 10 minutes each. ical weapons stored in Kentucky. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without This Congress cannot and will not let objection, it is so ordered. objection, it is so ordered. them get away with it. The Depart- The amendment is as follows: Mr. COCHRAN. Madam President, I ment’s foot dragging on eliminating these weapons is simply unacceptable. (Purpose: To reduce by $36,000,000 the appreciate the cooperation of all Sen- amount appropriated for ‘‘Military Con- ators in getting this agreement. Sen- The best they claim they can do is to struction, Army’’, with the amount of the ator BYRD has offered an amendment place the Blue Grass Army Depot on reduction to be allocated to funds avail- on which the yeas and nays have been caretaker status, meaning that vir- able under that heading for the Camp 6 De- ordered, but we will not vote on that tually no cleanup action will be taken. tention Facility at Guantanamo Bay, amendment until others who wish to The Department’s own studies have Cuba) speak on the amendment have an op- shown the longer we sit on these dan- On page 169, line 13, strike ‘‘$897,191,000’’ portunity to do so. That will occur at gerous weapons, the greater the risk to and insert ‘‘$861,191,000’’. any time. If we do complete debate on surrounding communities. The Depart- Mr. BYRD. Madam President, I ask the Byrd amendment prior to 1:45, that ment of Defense needs to fulfill its ob- unanimous consent that it be in order could be something we could consider ligations, and it needs to clean up to ask for the yeas and nays at this adding, but at this point we are not these sites now—not some other time, time. prepared to make that announcement. now. The PRESIDING OFFICER. Without I suggest the absence of a quorum. In 1996, I authored legislative lan- objection, it is so ordered. The PRESIDING OFFICER. The guage that created the Assembled Mr. BYRD. I ask for the yeas and clerk will call the roll. Chemical Weapons Alternatives Pro- nays. The assistant legislative clerk pro- gram, also known as ACWA, to find the The PRESIDING OFFICER. Is there a ceeded to call the roll. best method to destroy VX and other sufficient second? Mr. MCCONNELL. Madam President, deadly agents. The Blue Grass Army There is a sufficient second. I ask unanimous consent that the order Depot became one of the ACWA sites, The yeas and nays were ordered. for the quorum call be rescinded. along with a site in Pueblo, CO. Mr. BYRD. I thank the Chair, and I The PRESIDING OFFICER. Without The DOD refuses to clean up that site thank all Senators. objection, it is so ordered. in Colorado also, and so my friend Sen- The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Madam President, ator WAYNE ALLARD knows this issue ator from Mississippi. imagine how nervous you would be if I well. I thank him for his steadfast in- Mr. COCHRAN. Mr. President, for the told you as we go about our business in volvement and leadership on this ques- information of all Senators, we are pre- the Senate, hidden in the Capitol base- tion. He feels as strongly as I do that paring to seek unanimous consent that ment were over 500 tons of some of the the dangerous substances located at we have a series of three votes that deadliest material ever conceived by the hearts of our States need to be dis- will begin at 1:45 p.m. today. These will man, VX nerve gas. Suppose I told you posed of safely and quickly. be on or in relation to the Durbin it had been there for decades, and al- The Department claims ACWA sites amendment and the two Kerry amend- though the authorities had previously must be downgraded to caretaker sta- ments which are pending before the promised to safely destroy some toxins, tus because they are over budget due to Senate. We hope to be able to reach they were now changing their tune. cost overruns. Yet the Department’s agreement on this consent request so They had put their plans to dispose of own schizophrenic decisionmaking is Senators can be advised very soon that these deadly weapons on hold, leaving what led to these costs. The Depart- that will be the order of the Senate. you to babysit them. I imagine you ment has repeatedly stopped or slowed That still leaves, of course, the would start to feel a little nervous. down design work and then restarted, amendment of the Senator from West Now you know how the residents of adding unnecessary startup and stop- Virginia which we will have an oppor- Madison County, KY, feel. For the peo- work costs. They stingily parcel out tunity to discuss separate and apart ple of Madison County, KY, and all appropriated monies in such small from these three that will be voted on. over central Kentucky, the fear I have quantities that it is impossible to Then we will seek to deal with that described is a daily reality. spend it efficiently. Thus, it is the De- amendment in the regular order. The Blue Grass Army Depot in Madi- partment’s own bureaucratic mis- I suggest the absence of a quorum. son County contains 523 tons of our Na- management that has created the cost The PRESIDING OFFICER. The tion’s chemical weapons stockpile. problems. clerk will call the roll. Since the 1940s, it has stored mustard Perhaps we should expect no less The assistant legislative clerk pro- gas, sarin nerve agent, and VX nerve from an outfit whose operating maxim ceeded to call the roll. agent. Each of these is among the dead- is printed on this board behind me. Dr. Mr. COCHRAN. Madam President, I liest nerve agents ever created. As lit- Dale Klein, the Assistant to the Sec- ask unanimous consent that the order tle as 10 milligrams of VX is enough to retary of Defense for Nuclear, Chem- for the quorum call be rescinded. kill a human being. That is about the ical, and Biological Defense Programs, The PRESIDING OFFICER. Without mass of 10 grains of sand. It is virtually admitted in his testimony last week objection, it is so ordered. undetectable to the naked eye, and yet before the House Armed Services Com- Mr. COCHRAN. Madam President, I if that tiny amount is inhaled, death is mittee that, as he said: am pleased to advise the Senate that imminent. If it is absorbed through the As I often tell people, some of our budg- we have been able to reach agreement skin, death takes mere minutes. eting processes are accurate but incorrect. on a series of votes that will occur at The time has come for the safety of Let me run that by you one more 1:45. I am authorized by the leadership our fellow Kentuckians to safely elimi- time. He said: on both sides to propound this unani- nate these heinous weapons. As I often tell people, some of our budg- mous consent request. The Department of Defense has eting processes are accurate but incorrect. I ask unanimous consent at 1:45 p.m. agreed it is time for the weapons to go. What nonsense. Can you believe that? today the Senate proceed to a series of They promised they would dispose of Dr. Klein, speaking of the Department votes in relation to the following them. Congress has appropriated hun- of Defense, said on the record: amendments: Durbin No. 356; Kerry No. dreds of millions of dollars for them to . . . some of our budgeting processes are ac- 333; Kerry No. 334; provided further safely destroy the materials. Yet the curate but incorrect. that no amendments be in order to Department refuses to take the nec- I will leave it to someone else to fig- these amendments prior to the votes, essary steps to accomplish the task. ure out exactly what that means, but it

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.021 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3517 does not fill me with confidence in the prohibit DOD from conducting a study The assistant legislative clerk pro- Department’s ability to resolve this on the transportation of chemical ceeded to call the roll. issue. The Congress must pursue this weapons across State lines. Because Mr. STEVENS. Mr. President, I ask matter if we ever want to see positive transporting chemical weapons across unanimous consent that the order for results. Therefore, I have authored a State lines is illegal already, one would the quorum call be rescinded. provision, section 1115, in this bill be- think this provision unnecessary. But The PRESIDING OFFICER (Mr. fore us, the supplemental appropriation despite the law, the Department has COLEMAN). Without objection, it is so bill, that expressly directs DOD to ordered a study on doing that which it ordered. spend the money Congress has appro- cannot legally do. It is a mystery to Mr. STEVENS. Mr. President, is time priated to dispose of chemical weapons me why the Department would spend control in place right now? at the Blue Grass Army Depot, which is precious time and money exploring an The PRESIDING OFFICER. The Sen- in Kentucky, and the Pueblo Chemical option that is not an option, that is il- ator has 5 minutes prior to the first Depot, which is in Colorado. It forbids legal under Federal law. Let me say vote. them, absolutely forbids them, from again, the Department of Defense is Mr. STEVENS. I have 5 minutes after shunting that money into any other currently spending funds that should 1:45 p.m. purpose. be going toward destroying deadly The PRESIDING OFFICER. The Sen- Let me be clear: This provision does chemical weapons on studying a course ator has 5 minutes before the vote at not add a penny of new spending to this of action that is illegal. 1:45 p.m. bill. It merely requires the Department That suggests to me that rather than AMENDMENT NO. 334 to spend the money they requested for destroying the chemical weapons where Mr. STEVENS. Mr. President, I wish the purposes they identified. they are stored, the Department is con- to speak first on the amendment of- DOD has broken its word to the citi- sidering transferring them out of the fered by Senator KERRY. zens of Madison County. But the lan- Blue Grass Army Depot to other facili- The PRESIDING OFFICER. The Sen- guage I have authored will force the ties. That is reckless and irresponsible ator from may proceed. Department to get Blue Grass back on for too many reasons to describe. Ken- Mr. STEVENS. Mr. President, our track, and I promise that prediction tuckians do not want trucks full of Defense Subcommittee has considered will prove both accurate and correct. nerve gas speeding down the interstate, this matter very closely. We believe My provision will guarantee that the and I suspect neither do the people of the provision for death gratuity is a $813.4 million in prior-year monies that other States, such as Alabama, Arkan- special and unique situation, and we has been budgeted for ACWA sites will sas, Utah, or any other State. Even if it provided it in the bill before the Sen- not be transferred for other purposes. were legal, there is no way politically ate. Over the past several years, the these weapons are going to be moved What we seek to provide is a special President has requested specific funds across the country to some other site recognition for our Nation’s fallen he- for ACWA. For reasons of comity, Con- for destruction. roes who have given their lives in com- gress has provided these funds for the Before I conclude, I want to address bat defending our Nation or who have overall chemical demilitarization pro- one more failure of the Department of died in training or other activity that gram largely in lump sums, trusting Defense. By not meeting their obliga- is considered related to combat by title that DOD would comply with the Presi- tions to the people of Kentucky and X. dent’s budget request. But they have Colorado, they are breaking not only Let me state that again. Our provi- not. Instead, DOD undermined the their word, they are breaking Amer- sion covers all service members who President’s budget request and diverted ica’s word. That is because by placing lose their lives in combat or who die in funds intended for the ACWA Program. the ACWA sites on caretaker status, training or other activity that is con- This language will hold the Depart- the Department is acknowledging the sidered combat related by title X. ment to the President’s budget request weapons will not be disposed of at least The normal death gratuity in effect with respect to this program. until 2016 at the earliest, yet the now is $12,400. It provides immediate My provision will force DOD to obli- United States has signed the Chemical cash to meet the needs of survivors. gate at least $100 million at the ACWA Weapons Convention, which establishes This amount is payable immediately sites within 120 days of the enactment a deadline for elimination of these sub- and is intended to provide sufficient of this legislation before us. Because stances in 2012 at the latest. The De- funding to support families until other the Department has purposely—pur- partment of Defense should be working benefits, particularly those such as the posely—withheld funds from the ACWA with all the speed it can muster to Survivor Benefit Plan, Dependency and sites and downgraded them to care- meet this deadline, not openly thumb- Indemnity Compensation, and Social taker status, work has come to a vir- ing its nose at it. Passing this bill will Security, come into play. tual halt at Blue Grass in Kentucky move us closer to compliance with the We believe every life is precious, and and completely at Pueblo in Colorado. Chemical Weapons Convention. we grieve over the loss of life when it The Department itself has repeatedly In this age of terrorism, our decision- occurs among anyone in our military. determined that the storing of these making processes for handling and dis- But our Appropriations Committee has deadly weapons poses an increasing posing of such horrifying weapons must included this provision to provide spe- danger over time. Yet they now com- be focused and clear. The Department cial recognition for fallen heroes. This plain they will have to jump through of Defense approach to ACWA sites has special recognition is intended for multiple bureaucratic hoops before been neither. those who have died as a result of com- those sites can be up and running I urge our colleagues to support this bat or combat-related situations, such again. By obligating $100 million im- bill. With the passage of section 1115, as training, and in support of the glob- mediately, we can get much-needed you will get accountability and trans- al war against terrorism our Nation is funds moving through the pipeline parency from the Department of De- fighting. again and help jump-start the cleanup fense. You will ensure that the promise The administration and the Depart- efforts at both sites. made to the people of Kentucky is a ment of Defense strongly oppose the My provision will also require the promise fulfilled. Most importantly, recommended expansion of the death Department to provide Congress with a you will protect the safety of hundreds gratuity to cover all deaths of anyone bimonthly accounting, every 2 months, of thousands of Americans. who is in uniform. In fact, a 2004 inde- of the money spent at these sites. This On the other hand, if we do nothing, pendent study requested by the Depart- improved oversight will hopefully shed it will all be left up to DOD. The best ment of Defense concluded that the full some light on the opaque processes at they can be is ‘‘accurate but incor- system of benefits provided to sur- DOD. Perhaps with enough work, we rect.’’ vivors of members who die on active can even find out how to make a budg- Madam President, I suggest the ab- duty is adequate, substantial, and com- et both accurate and correct. sence of a quorum. prehensive. Because safety is paramount, my pro- The PRESIDING OFFICER. The That study did identify a lack of rec- vision will do one more thing. It will clerk will call the roll. ognition for direct sacrifice of life, as

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.024 S13PT1 S3518 CONGRESSIONAL RECORD — SENATE April 13, 2005 provided by the Public Safety Officers’ military pay will be, what their total military compensation policy; this Benefit Act, which pays more than compensation is. There is no misunder- change should be considered by the $267,000 to survivors in recognition of standing about that. In an all-volun- Armed Services and Governmental Af- deaths in performance of duty of law teer force, individuals choose whether fairs Committees which have jurisdic- enforcement officers and firefighters. they serve in the military. Certainly fi- tion over these matters. The Senate supplemental bill provides nancial considerations enter into that Thus, we strongly recommend that this type of recognition for our mili- decision, whether their service be full the Senate hold this authorization tary. time or part time, with an obligation measure for full consideration by the First, if we consider opening the spe- to answer the call of duty when nec- Armed Services and Governmental Af- cial death gratuity for all casualties, essary. fairs Committees. The amendment de- we should also consider the signifi- When Guard and Reserve members serves adequate time for analysis and cance of a retroactive date, as we con- train for mobilization, they understand debate in light of the full system of sidered the concept of trying to cover they are subject to mobilization during military benefits and funding con- all casualties. If the increased death war and national emergencies. The straints. gratuity is provided for all deaths, likelihood of mobilization is evident as I strongly oppose this amendment. there is no longer a direct connection the Department has been mobilizing Mr. BYRD. Mr. President, Senator to the events of 9/11 and the war Guard and Reserve members almost DURBIN’s amendment touches on a crit- against terrorism. continuously for the past 13 years. ical issue: the strains being placed Finally, to increase the death gra- More importantly, this provision upon the National Guard and the Re- tuity to include all deaths would cost would do a disservice to patriotic non- serve by the long deployments to Iraq an additional $300 million in this year Federal reservists who are self-em- and Afghanistan. He correctly points alone, 2005. The total bill for fiscal year ployed, small businessmen, or employ- out that these deployments have re- 2005 would be about $1.1 billion. ees who do not receive such coverage as sulted in a financial crisis for unknown Many of us who served in war in de- proposed by the Durbin amendment. numbers of American families who fense of our Nation—and I am one of In addition, the amendment would have loved ones called to duty, pulled those—believe there is a special signifi- allow mobilized reservists to make sig- out of their civilian careers, and sent cance in the way we have defined death nificantly more than those active-duty half a world away for long periods of gratuity in the Senate bill before us service members whom they join when time. now. We believe it is fully appropriate they are called up to serve in active The amendment pending before the for the problem of recognizing fallen duty. This could be interpreted by Senate would compensate those mem- heroes. some active-duty members to mean bers of the National Guard and the Re- I know this provision is related to that the Federal Government places a serve who suffer a loss of income be- other outpourings of those who have higher value on the service of those cause they are away from their civilian lost life in the September 11 con- people who are called up temporarily jobs—but only if those jobs are with troversy. There is a connection in that than we do on those who are career the Federal Government. The many this provision seeks to recognize sol- military people. The amendment would Guardsmen and Reservists who work in diers who have fallen as a result of the cause a significant equity issue as far the private sector would not be helped actions we have taken as a nation to as the active-duty service members and by the amendment. address 9/11 in the fight against ter- I believe would negatively affect their I am very sympathetic to the plight rorism. I do not believe we should de- morale. of the families of National Guardsmen Requiring the Department of Defense value the most heroic sacrifices of our and Reservists who have found them- and other Federal agencies to pay the men and women in uniform by making selves in dire financial straits because differential salary limits the ability of this cover anyone in uniform. of a long, unexpected deployment that agencies to accommodate staffing Mr. President, I do intend to oppose takes the family breadwinner away shortages through temporary personnel this amendment. from his job. I have heard from fami- actions. Once these people are called I have 5 minutes before 1:45 p.m. lies in West Virginia who could be fac- up, the Department has to hire some- AMENDMENT NO. 356 ing financial ruin because of a soldier’s one temporarily to take their place. Mr. President, I also rise to oppose drop in income due to a protracted, 18- The place is there for them when they the amendment to fill the pay gap month deployment. come back, but they will not have the However, the Congress is approaching when Guard and Reserve are mobilized. ability to have the money available if this problem from the wrong end. The This is the Durbin amendment. This they have to pay this differential. This heart of this matter is not how much emergency supplemental bill is not the issue becomes more significant the Uncle Sam may pay our citizen-sol- proper legislative vehicle to add new longer the period of active duty. benefits without approval of the com- Another concern is that this amend- diers. The problem is that our National mittee of jurisdiction. The Senate ment does not distinguish between Re- Guard and Reserve are being deployed, Armed Services Committee, I am told, servists who volunteer to perform ac- and re-deployed, for such long periods does not support the inclusion of this tive duty and those who are involun- at a time. The United States hasn’t new benefit in our supplemental bill. tarily called to active duty. Reservists sent so many part-time soldiers over- The administration did not request who volunteer for duty can weigh the seas in half a century. In addition to that additional authority, and I am financial impact of such service when causing financial hardships for many told it opposes this amendment. The considering whether to apply for an as- American families, the pace of these proposed amendment, I believe, should signment. deployments is threatening to break be held for debate when the appropriate Finally, Reserve service offers a ro- the back of the National Guard and the committee, such as the Armed Services bust pay and benefits package. With Reserve. Committee, brings the authorization the support of Congress, military pay In 2003, I offered two amendments to bill before the Senate. is now very competitive with pay in limit the deployment and re-deploy- The amendment to this bill would re- the private and public sectors and al- ment of the National Guard and Re- quire Federal agencies to pay any dif- lowances are increasing to minimize serve. Unfortunately, the Senate voted ference between military pay and civil- out-of-pocket expenses. down those amendments, and the ian compensation for employees of the Any changes to Guard and Reserve strains on the National Guard and the Federal Government who either volun- compensation system should be as- Reserve continue and, in some cases, teer or are called to active duty. The sessed for the long term, not just dur- are worsening. Until Congress limits estimate we received from the Congres- ing this current deployment. Questions the excessive deployments of our cit- sional Budget Office is this is an addi- regarding affordability and equity of izen-soldiers, or until our troops start tional cost of $152 million over a 5-year benefits must be carefully weighed and coming home from Iraq, there will con- period. answered before we legislate changes. tinue to be myriad strains on our Reservists and guardsmen know This appropriation bill is not the ap- troops and their families. It is not rea- when they are activated what their propriate legislative vehicle to set sonable to expect the government to

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.026 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3519 compensate our troops and families for he feels, as I do, that companies across women who are risking their lives in each difficulty or strain that this fool- America that stand behind their em- Iraq and Afghanistan, and are asking ish war in Iraq has caused, because our ployees who are activated in the Guard for basic fairness from the Federal national treasure is finite. and Reserve are doing the right and pa- Government. I think this amendment What’s more, I am concerned that triotic thing by making up the dif- is long overdue. the amendment on which the Senate ference in pay between what one is paid For 3 years now, this amendment has will soon vote will have financial con- when they are home and what one is been lost in conference. It passes on sequences for many years down the paid when they are in uniform. They the Senate floor and disappears, and road. Our country is neck deep in red are saying to this soldier: We are with Federal employees activated to serve ink, and Congress must be judicious in you; we are with your family; serve our country wonder what happened. enacting benefits that grow to have a your country and come back to your Well, today we will have a chance with life of their own well after the Senate job; we are proud of you. this rollcall vote to see if we want to has voted. This problem is compounded There is one employer at the top in stand behind these men and women in by the refusal of the President to budg- America that does not do it. It is the uniform. This is an amendment that is et for the costs of the wars in Iraq and Federal Government. The arguments long overdue. Afghanistan. If the White House does are made on the floor today that if we I ask unanimous consent that Sen- not budget for the war, there is no way stand behind these soldiers who are ator SALAZAR of Colorado be added as a to increase revenues or lower other Federal employees, somehow it is a cosponsor. spending in order to balance the budg- poor reflection on the rest of the mili- The PRESIDING OFFICER. Without et. In the coming days of debate on this tary. That is not true. We revere and objection, it is so ordered. emergency supplemental appropria- honor those who serve our country, ac- Mr. DURBIN. I suggest the absence of tions bill, I will offer an amendment on tive military, activated Guard, acti- a quorum, before a vote is called. this crucial point. vated Reserve. Fifty-one percent of the The PRESIDING OFFICER. The Despite these reservations about the activated Guard and Reserve take a cut clerk will call the roll. pending amendment, the bottom line is in pay to serve America. What I am The bill clerk proceeded to call the that the families of many National saying is if one is a Federal employee, roll. Guardsmen and Reservists are experi- for goodness sakes, they ought to have Mr. STEVENS. Mr. President, I ask encing real financial hardships. Al- their salary made whole. Why should unanimous consent that the order for though this amendment will only take they go overseas, worrying about the quorum call be rescinded. care of some of those families, it will whether they are going to get hit by a The PRESIDING OFFICER. Without provide a lifeline to families who are bullet, step on a landmine or hit by a objection, it is so ordered. struggling to make ends meet because rocket-propelled grenade, and whether Mr. STEVENS. Mr. President, I ask of the demands of the war in Iraq. I their spouse can pay the bills at home unanimous consent that we each have 1 commend the Senator from Illinois for for tuition for the kids? Why do we not more minute. his commitment to the National stand behind these soldiers who are The PRESIDING OFFICER. Is there Guard, and I will support him on this serving? We are out there on the objection? amendment. Fourth of July waving our flags, but, Mr. DURBIN. No objection. However, when the Senate next con- for goodness sakes, we have a chance to The PRESIDING OFFICER. Without siders relieving the strains caused by stand behind them today on the Senate objection, it is so ordered. the long deployments of the Guard and floor. It is absolutely shameful that Mr. STEVENS. Mr. President, I wish Reserve, the Senate should not adopt a the Federal Government will not pro- to address the Senator from Illinois be- piecemeal approach. The heart of the vide the same kind of pay protection cause every person the Senator has matter is our open-ended mission in for our activated Guard and Reserve mentioned in connection with Senator Iraq. Unless that matter is addressed that over 900 private businesses, State KERRY’s amendment is covered. All the head-on, Congress will continue to find and local governments, have provided people on an airplane going to combat more and more ways to spend our na- across America. We honor them. are covered. Any training-related com- tion’s scarce treasure. That is not a The Secretary of Defense has a Web bat, they are covered. The question is wise fiscal course. site to honor the fact that they are whether people who stand side by side The PRESIDING OFFICER. The Sen- standing behind the soldiers, but we do with someone in the Pentagon working ator from Illinois. not do it. The Federal Government daily in uniform, a civilian person Mr. DURBIN. Mr. President, I am dis- does not do it. This is our chance to working the same job, whether one appointed that the Senator from Alas- make a difference. should be covered in the event of death ka, who has served the Senate and his Also, on the Kerry amendment, I dis- and the other should not, whether one country so well, now opposes this agree with the Senator from Alaska. should be covered while driving home amendment. When it was last offered To think that if someone is on a troop here in Washington, DC, after drinking on an emergency supplemental bill on plane headed over to Kuwait and, God too much, gets in an automobile acci- October 17, 2003, he joined with 95 of forbid, it crashes, they are entitled to dent, and get the same benefit a fallen our colleagues in voting for this $12,000; however, if they get off the hero gets. I ask the Senator if he would amendment. I think the amendment plane and are killed in combat they consider in connection with his amend- still is a valid amendment. should be entitled to $100,000—I think ment eliminating a request for the Let me explain what the amendment they are heroes in both instances. Sen- yeas and nays and we would be glad to does. Seventeen thousand Federal em- ator KERRY is suggesting we should re- accept that amendment. ployees have been activated into Guard gard them as such. I think his amend- Mr. DURBIN. I say to the Senator, if and Reserve units. They find that when ment is a valid amendment and, yes, it I had not lost this amendment twice in they go into this activated status, they does cost money. It costs money to conference after it passed the Senate, I are receiving less in income than they stand behind our veterans, our soldiers, would agree to that, but I think we were paid by the Federal Government. and their families. That is part of the need a record vote. I do not know what The bill says the Federal agencies they real cost of war. That is why I urge my it takes to finally get this Senate to go worked for will make up the difference colleagues to vote for this amendment. on record and stand by the Senate posi- so as they are serving our country and The amendment I am offering today tion in conference. Twice now we have risking their lives overseas they will passed 96 to 3 when last called. It taken this proposal to conference and have this pay differential, so their fam- passed by a voice vote after that. It has it has disappeared, with the White ilies will be able to keep the mortgage the support of the Reserve Officers As- House or Department of Defense or paid, pay the utility bills, and keep the sociation, the National Guard Associa- somebody opposing it. If we have a family together. tion of the United States, and the En- record vote, I think we have a much The Senator suggests this is going to listed Association of the National better chance to say to the conferees, create some sort of a disadvantage to Guard of the United States. These or- for goodness sakes, the third time, let those in active military, but I am sure ganizations represent the men and us stand up for these men and women.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.032 S13PT1 S3520 CONGRESSIONAL RECORD — SENATE April 13, 2005 I am sorry; I want to insist on the yeas The PRESIDING OFFICER. Without and other specific circumstances, and and nays. I believe that is the only way objection, it is so ordered. decreases over time because of age or a to make it clear where we stand on the The question is on agreeing to the child’s status as a student. issue and to convince the conferees to Durbin amendment. The current Senate bill uses the ad- finally stand for the Senate position if The amendment (No. 356) was agreed ministration’s formula to achieve a it succeeds. to. $500,000 threshold, and includes some Mr. STEVENS. I suggest the absence Mr. COCHRAN. I move to reconsider noncombat deaths, but not all of them. of a quorum. the vote and I move to lay that motion The bill, for example, provides a The PRESIDING OFFICER. The on the table. $100,000 gratuity to survivors of those clerk will call the roll. The motion to lay on the table was killed in training accidents. But it re- The bill clerk proceeded to call the agreed to. tains the current $12,000 gratuity for roll. Mr. COCHRAN. We have under the other types of deaths, such as those Mr. DURBIN. Mr. President, I ask order a vote, now, on two Kerry amend- who collapse during strenuous exercise unanimous consent that the order for ments, Nos. 333 and 334. Is there time or are killed in an accident driving to the quorum call be rescinded. for debate? work. It is distinction without a dif- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under ference for the family of the service objection, it is so ordered. the previous order, there is 2 minutes member who died. They know only Mr. DURBIN. I ask for the yeas and to be evenly divided on each amend- that their loved one went to work to nays on the pending amendment. ment. help prepare their fellow soldiers, ma- The PRESIDING OFFICER. Is there a Mr. KENNEDY. Mr. President, I am rines, sailors or airmen for battle and sufficient second? delighted to join my colleague in spon- will never return. In today’s military, There is a sufficient second. soring these amendments, which will all jobs and stations are equally impor- The yeas and nays were ordered. increase the death gratuity from tant. $12,000 to $100,000 for all service mem- Mr. STEVENS. I move to table the Our amendment eliminates any dis- bers killed on active duty, and allow Senator’s amendment. tinction between combat and non-com- Mr. COCHRAN. I ask for the yeas and their dependents to continue receiving bat deaths and provides a death gra- nays on the motion to table. the basic housing allowance for a full tuity of $100,000, regardless of where or The PRESIDING OFFICER (Mr. year instead of the 180 days in current how a service member dies. SUNUNU). Is there a sufficient second? law. There appears to be a sufficient sec- All of us support our troops. We obvi- Along with other provisions of the ond. ously want to do all we can to see that bill, the amendment would increase the The question is on agreeing to the they have proper equipment, vehicles, total death benefit to $500,000, depend- motion. and everything else they need to pro- ing on the amount of military life in- The clerk will call the roll. tect their lives as they carry out their surance a person carries. The bill clerk called the roll. missions. But we also need care for the No one can ever put a price on a The result was announced—yeas 39, families of these courageous men and human life, but there is no doubt that nays 61, as follows: women who make the ultimate sac- current levels are unacceptably low. [Rollcall Vote No. 91 Leg.] rifice. It’s also very important to extend YEAS—39 Any service member’s death is tragic, the length of time for surviving widows and children to remain in military Allard DeMint McCain whether in combat overseas or a train- Bennett Ensign McConnell ing accident here in the United States. housing to a full year, either on base or Bond Frist Murkowski They are heroes, not victims. These with housing assistance. Brownback Graham Santorum brave men and women came forward to Currently, surviving spouses and de- Bunning Grassley Sessions Burns Gregg Shelby serve our country knowing what the pendents of military personnel killed Burr Hagel Smith dangers were and knowing the possi- on active duty may continue in their Chambliss Hatch Stevens bilities. They stood tall when the coun- military housing or receive their mili- Coburn Inhofe Sununu Cochran Isakson Talent try needed them. tary housing allowances for up to 180 Cornyn Kyl Thune Their case is a tragedy, and so is the days after the death of their loved one. Craig Lott Vitter void left behind for their loved ones. Their loss is traumatic enough with- Crapo Lugar Voinovich We know what happens when a fam- out the immediate pressure of having NAYS—61 ily is notified of a death. There is a to find a place to live, moving, and dis- Akaka Domenici Mikulski knock on the door. They open the door rupting their life all over again. Ex- Alexander Dorgan Murray and a military officer is standing there tending the length of time for sur- Allen Durbin Nelson (FL) to give them the most dreaded news Baucus Enzi vivors to stay in military housing gives Nelson (NE) they will ever receive. Details are few Bayh Feingold Obama them greater flexibility as they strug- Biden Feinstein Pryor and typically only include the time and gle to deal with what has happened. Bingaman Harkin Reed place of the death, and perhaps some Children will be able to finish the Boxer Hutchison Reid Byrd Inouye brief words on how it happened. A few school year among friends and in famil- Roberts Cantwell Jeffords days later, he provides them a death Rockefeller iar surroundings. Carper Johnson Salazar gratuity check for $12,000 and helps We know we can do much more to Chafee Kennedy them through the process of making Clinton Kerry Sarbanes take care of military families after the Coleman Kohl Schumer the funeral arrangements while the loss of a loved one. We have been com- Collins Landrieu Snowe flag draped coffin is on the way home. placent for too long, and I urge my col- Conrad Lautenberg Specter After the burial, the conversation Corzine Leahy Stabenow leagues to support us in providing this Dayton Levin Thomas turns to additional funds and benefits. much needed and well-deserved relief DeWine Lieberman Warner The topic often has to be pressed by to these courageous and suffering fami- Dodd Lincoln Wyden the officer, because the families, so lies. Dole Martinez burdened, seldom think in terms of Mr. KERRY. Mr. President, point of The motion was rejected. what their benefits might be. They inquiry. Mr. COCHRAN. I move to reconsider slowly realize that instead of having a The PRESIDING OFFICER. The Sen- the vote and I move to lay that motion constant breadwinner for many years, ator from Massachusetts. on the table. they receive only a modest monthly The motion to lay on the table was sum. AMENDMENT NO. 333 agreed to. The burden of combat deaths falls Mr. KERRY. Mr. President, it is my Mr. COCHRAN. The yeas and nays most often on the junior enlisted per- understanding the Senator from Alas- have been ordered on the underlying sonnel, whose average yearly wages ka, or the manager, is prepared to ac- amendment. I ask the yeas and nays be can be as low as $17,000. The actual cept one of the amendments, I think. vitiated. benefit depends on number of children Am I correct?

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.029 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3521 Mr. STEVENS. The Senator is cor- Let me say to our colleagues, you Conrad Jeffords Nelson (NE) Corzine Johnson Obama rect; we are willing to accept the sec- can be driving a car and have a car ac- Craig Kennedy Pryor ond amendment. cident in a combat zone, and you qual- Crapo Kerry Reed Mr. KERRY. Mr. President, that is ify for the upper level. But if you are Dayton Kohl Reid amendment No. 334, which extends the serving on an aircraft carrier or else- DeWine Kyl Roberts Dodd Landrieu Rockefeller period of time that spouses can remain where and you are training personnel, Dorgan Lautenberg Salazar on a base after their spouse has died in and you die from a catapult that falls Durbin Leahy Sarbanes action. or you have an accident, you do not get Ensign Levin Schumer Mr. STEVENS. Mr. President, that is Feingold Lieberman Smith the same benefit, even as you are pre- Feinstein Lincoln Snowe amendment No. 334. paring to send troops to war. Graham Lugar Specter I ask unanimous consent that the That is wrong. We believe you ought Gregg Martinez Stabenow rollcall be vitiated and the Senate to apply it according to the desire of Hagel McCain Sununu Harkin Mikulski Talent adopt that amendment. the uniformed generals, which is to Hutchison Murkowski Thune Mr. KERRY. Amendment No. 333. treat all members of the service the Inouye Murray Vitter Mr. STEVENS. Amendment No. 333? same say. Isakson Nelson (FL) Wyden Mr. KERRY. Mr. President, I ask The PRESIDING OFFICER. The Sen- The motion was rejected. unanimous consent that Senator LIN- ator’s time has expired. Mr. COCHRAN. Mr. President, I move COLN be added as a cosponsor. The Senator from Alaska. to reconsider the vote. The PRESIDING OFFICER. To which Mr. STEVENS. Mr. President, re- Mr. KERRY. I move to lay that mo- amendment? spectfully, the Senator from Massachu- tion on the table. Mr. KERRY. To amendment No. 333 setts is wrong. Those who die in train- The motion to lay on the table was and amendment No. 334. ing or other activities related to com- agreed to. The PRESIDING OFFICER. Without bat are covered by our amendment. We The PRESIDING OFFICER. The objection, it is so ordered. The cospon- sought to recognize fallen heroes from question is on agreeing to the amend- sor will be added to both amendments. the time they enter training for com- ment. Mr. STEVENS. Our records show it is bat to go overseas. They are covered by The amendment (No. 334) was agreed amendment No. 334. our amendment. What this amendment to. Mr. KERRY. Mr. President, there is does is it does not give us the oppor- Mr. COCHRAN. Mr. President, I move confusion. tunity to recognize those who put their to reconsider the vote. Mr. STEVENS. I am corrected; it is lives on the line. We oppose this Mr. KERRY. I move to lay that mo- amendment No. 333. amendment because of that fact. We do tion on the table. The PRESIDING OFFICER. It is the believe there ought to be a distinction. The motion to lay on the table was understanding of the Chair, the amend- agreed to. The Senator’s amendment will mean, ment described by the Senator from Mr. KERRY. Mr. President, I want to if someone right here in this district Massachusetts is—— thank my colleagues for having sup- while in uniform drinks too much and Mr. KERRY. No. 333. ported amendment No. 334 to extend dies while driving home, they are going The PRESIDING OFFICER. No. 333. the $100,000 death gratuity to the sur- to get this gratuity, the same gratuity Mr. KERRY. Thank you. vivors of all who die on active duty. the fallen hero should get. It is wrong The PRESIDING OFFICER. Does the I want the record to show what the to cover anyone in uniform with this Senator from Alaska wish to modify amendment will accomplish and why type of allowance. We have increased his unanimous consent request? what it accomplishes is important. Mr. STEVENS. I have made the mo- the insurance for everyone in uniform. Current law provides $12,000 to all tion we vitiate the rollcall and accept They can buy up to $400,000. But raising members of the military who die on ac- the amendment. this from $12,240 to $100,000—it should tive duty, regardless of circumstance. The PRESIDING OFFICER. No roll- go to those related to combat and in Earlier this year, President Bush pro- call has been ordered at this time. combat. posed increasing the death gratuity to Without objection, amendment No. 333 The PRESIDING OFFICER. The Sen- $100,000 for those who die in Iraq, Af- is agreed to. The motion to reconsider ator’s time has expired. ghanistan, or designated combat zones. is laid upon the table. Mr. STEVENS. Mr. President, I move The supplemental legislation re- The amendment (No. 333) was agreed to table this amendment and ask for ported by the Appropriations Com- to. the yeas and nays. mittee increases the death gratuity to The Senator from Massachusetts. The PRESIDING OFFICER. The yeas $100,000 for those who die in combat AMENDMENT NO. 334 and nays are requested. and those classified under cir- Mr. KERRY. Mr. President, the sec- Is there a sufficient second? cumstances classified as warranting ond amendment is an amendment to There appears to be a sufficient sec- Combat Related Special Compensation, raise the death benefit for those who ond. CRSC, if they had lived. CRSC was a die while in service to our country. The question is on agreeing to the compromise brokered a few years ago Currently, it is $12,000 plus change. We motion. The clerk will call the roll. in lieu of concurrent receipt. Using want to take it up to $100,000. The assistant legislative clerk called CRSC, the $100,000 death gratuity The Senator is going to tell you that the roll. would go to those who die ‘‘as a direct the Pentagon is opposed to this. Sec- The result was announced—yeas 25, result of armed conflict; while engaged retary Rumsfeld is opposed to this. The nays 75, as follows: in hazardous service; in the perform- uniformed leadership at the Pentagon [Rollcall Vote No. 92 Leg.] ance of duty under conditions simu- is overwhelmingly in favor of it. YEAS—25 lating war; or through an instrumen- tality of war.’’ For all others, the Air Force GEN Michael Moseley said: Allard Dole Santorum I believe a death is a death and our service- Bennett Domenici Sessions death gratuity remains $12,000. men and women should be represented that Bond Enzi Shelby My amendment is very simple. It way. Bunning Frist Stevens changes the existing law to say $100,000 Burns Grassley Thomas shall be paid in death gratuity under Army GEN Richard Cody said: Burr Hatch Voinovich It is about service to this country and I Cochran Inhofe Warner all circumstances in which $12,000 is think we need to be very, very careful about Cornyn Lott now paid. It eliminates the provisions [drawing a] distinction. DeMint McConnell in the legislation that distinguish be- And GEN Richard Myers, Chairman NAYS—75 tween the manner and place of deaths. of the Joint Chiefs of Staff, said: Akaka Bingaman Chafee It eliminates any connection to combat Alexander Boxer Chambliss I think a death gratuity that applies to all related special compensation. It does Allen Brownback Clinton not extend the death gratuity to any- service members is preferable to one that’s Baucus Byrd Coburn targeted just to those that might be in a Bayh Cantwell Coleman one who doesn’t already receive the combat zone. Biden Carper Collins $12,000.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.031 S13PT1 S3522 CONGRESSIONAL RECORD — SENATE April 13, 2005 The amendment simply heeds the ad- gency funds to build a detection facil- they are looking for ways to attack our vice of the uniformed leadership of the ity and security fence at Guantanamo country. The last thing we want is for military who said, unambiguously, Bay. I believe we must keep the $40 them to start moving into detention that a death is a death is a death, and million to allow the Department to facilities to try to free prisoners and, Congress should not try to parse them. move forward to make better facilities in the process, harm innocent Ameri- General Richard A. Cody, U.S. Army, at Guantanamo Bay, facilities that are cans or the people who are guarding said: more secure, and facilities that will those prisoners. It is about service to this country and I make operations more efficient, espe- So I ask the Senate to vote this think we need to be very, very careful about cially in the use of guards. amendment down and give the adminis- making this $100,000 decision based upon Currently, there are about 545 detain- tration and the Department of Defense what type of action. I would rather err on ees at Guantanamo Bay. About half of the capability to house these prisoners the side of covering all deaths rather than those are housed in three camps, which in the most efficient way possible and try to make the distinction. are built as temporary facilities. I have certainly in a way that protects Amer- Admiral John B. Nathman, U.S. seen these facilities. Many of us have ican lives to the greatest extent pos- Navy, said: gone to Guantanamo Bay to look at sible. This has been about . . . how do we take them. They are basically walls made of I yield the floor. care of the survivors, the families and the chain-link fences. Of course, there is no The PRESIDING OFFICER. The Sen- children. They can’t make a distinction; I climate control, and there is not very don’t believe we should either. ator from Mississippi. much room for exercise of detainees. Mr. COCHRAN. Mr. President, I do General Michael T. Moseley, U.S. Air Building the more permanent facility not know of any other Senators who in- Force, said: would provide a better, more secure fa- tend to debate this issue. I would like I believe a death is a death and our service- cility, and facilities that are better to put an exclamation point on the men and women should be represented that housing units. way. statement made by the distinguished I think Guantanamo Bay is the per- Senator from Texas though. General William Nyland, U.S. Marine fect place to hold these types of detain- One thing that is clear, if we do not Corps, said: ees, many of whom are dangerous ter- have a permanent facility there, an im- I think we need to understand before we rorists. I do not want these prisoners proved facility, we are going to have to put any distinctions on the great service of moved. I don’t want them moved into keep more U.S. personnel there guard- these wonderful young men and women. . . . facilities in communities in our coun- they are all performing magnificently. I ing and maintaining the security of try, on our shores, where they can pose this facility. If we use the funds the ad- think we have to be very cautious in drawing a danger for our citizens and serve as a distinctions. ministration is requesting, approve the lightning rod for terrorist activity. Al- request the administration has sub- Finally, General Richard Myers, the Qaida has shown that it will try to lib- Chairman of the Joint Chiefs of Staff, mitted to the Congress, then we will be erate—by force if necessary and with able to use a lot of the people who are said: no regard to the loss of innocent lives— I think a death gratuity that applies to all there now for other purposes elsewhere their fellow terrorists. U.S. forces in in the war on terror to help better de- service members is preferable to one that’s Iraq and Afghanistan have weathered targeted just to those that might be in a fend the country and make sure we are combat zone. such attacks and thwarted repeated safeguarding the security interests of violent escape attempts. Recent re- the American people. I also want to note that the practical ports of tunnels, riots, and mortar at- effect of my amendment is identical to This is not to help prisoners have a tacks against detention facilities in better deal, even though the facility the provisions of the House-passed sup- Iraq have been well publicized in the plemental. The underlying bill, H.R. will be more humane and easier to care press. for and to deal with, but it will be more 1268, passed the House on March 16, Do we want to move that to the secure, and it will help us reallocate re- 2005, and in section 1113 it would re- lower 48 States in the United States of sources that will benefit our national quire an equal death gratuity of America? I don’t think so. Having security interests. That is the point. $100,000 for all service members, regard- them on an island, where other ter- This is money well invested. The ad- less of the circumstance and location rorist attempts to free prisoners are ministration is requesting it. Our sub- of their death. Like my amendment, it much less able to be put forth, is the committee chair supports it after re- does not treat one military family dif- exact right place for these prisoners. I viewing the request. So I think the ferently than others. want to make sure that we have the Senate should support the committee Lastly, my amendment has been en- best facilities possible and that we and what it has recommended and re- dorsed by the Enlisted Association of have the permanent facilities on an is- ject the Byrd amendment. the National Guard of the United land in Cuba so that there is not as The PRESIDING OFFICER. Is there States, EANGAUS; the Military Offi- much capability to do harm to inno- further debate on the Byrd amend- cers Association of America, MOAA; cent Americans as there would be if we ment? The Senator from West Virginia. the National Guard Association of the moved those prisoners to places on our United States, NGAUS; the National soil such as Atlanta, GA, or Florida. Mr. BYRD. Mr. President, I suggest Military Family Association, NMFA; The detention facility that would be the absence of a quorum. the Reserve Enlisted Association, REA; built will also reduce the number of re- The PRESIDING OFFICER. The and the Reserve Officers Association, quired personnel. The current facilities clerk will call the roll. ROA. require significant personnel to mon- The assistant legislative clerk pro- I thank my colleagues again for their itor detainees. A permanent facility ceeded to call the roll. support and look forward to working would free 150 of them to perform other Mr. BYRD. Mr. President, I ask unan- with them to hold this mark in con- tasks in the global war on terror. It imous consent that the order for the ference. will be the same for the security fence; quorum call be rescinded. The PRESIDING OFFICER. The Sen- we could free up 196 people who are now The PRESIDING OFFICER. Without ator from Texas is recognized. guarding around the perimeter of objection, it is so ordered. The Senator AMENDMENT NO. 367 Guantanamo Bay. So that is 346 fewer from West Virginia. Mrs. HUTCHISON. Mr. President, I guards that would be needed if we had Mr. BYRD. Mr. President, am I rec- rise to speak against the Byrd amend- the permanent facilities. ognized? ment. It is my understanding that, It is very important that we keep the The PRESIDING OFFICER. The Sen- after I speak and after Senator BYRD $40 million asked for by this adminis- ator from West Virginia is recognized. has a few minutes to respond, we will tration to make better, more perma- Mr. BYRD. I thank the Chair. have a vote on this amendment. nent facilities at Guantanamo Bay. I Mr. President, the Pentagon defends The amendment put forth by Senator want them to stay on that island, not the current facilities for the incarcer- BYRD would take out $40 million re- moved into the United States where we ation of prisoners at Guantanamo as quested by the administration in emer- know terrorists are dwelling, we know being safe, secure, and humane. There

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.035 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3523 is no emergency, unforeseen or other- The yeas and nays have been ordered. (Purpose: To express the sense of the Senate that Congress should not delay enactment wise, that requires the immediate con- The clerk will call the roll. struction of a 220-bed maximum secu- of critical appropriations necessary to en- rity prison to relieve existing defi- The assistant legislative clerk called sure the well-being of the men and women the roll. of the United States Armed Forces fighting ciencies at Guantanamo, and so it is in Iraq and elsewhere around the world, by premature. Mr. DURBIN. I announce that the attempting to conduct a debate about im- That is part of the case I am making, Senator from Minnesota (Mr. DAYTON) migration reform while the supplemental it is premature. Why have this item in and the Senator from Massachusetts appropriations bill is pending on the floor this bill? Why in an emergency supple- (Mr. KENNEDY) are necessarily absent. of the ) mental bill? It is premature to ask the At the appropriate place, insert the fol- American taxpayers to spend $36 mil- The PRESIDING OFFICER. Are there lowing: lion—it is your money, I say to the any other Senators in the Chamber de- SEC. ll. SENSE OF THE SENATE. taxpayers—to build a permanent max- siring to vote? It is the sense of the Senate that— imum security prison at Guantanamo The result was announced—yeas, 27, (1) our immigration system is badly bro- when the courts have not yet deter- nays 71, as follows: ken, fails to serve the interests of our na- tional security and our national economy, mined the legal status of the detainees [Rollcall Vote No. 93 Leg.] and undermines respect for the rule of law; at Guantanamo or have not determined (2) in a post-9/11 world, national security whether the United States can con- YEAS—27 demands a comprehensive solution to our tinue to hold them indefinitely without Akaka Harkin Mikulski immigration system; charging them with a crime. Baucus Inouye Pryor (3) Congress must engage in a careful and The prison population at Guanta- Biden Jeffords Reed deliberative discussion about the need to namo is steadily declining, down to Boxer Johnson Reid bolster enforcement of, and comprehensively Byrd Kohl Rockefeller reform, our immigration laws; about 540 from a high of 750. The De- Carper Lautenberg Sarbanes partment of Defense reportedly hopes Dorgan Leahy Specter (4) Congress should not short-circuit that discussion by attaching amendments to this to further cut the current population Feingold Levin Stabenow Feinstein Lincoln Wyden supplemental outside of the regular order; by at least half. However, DOD has not and given a firm estimate of how many de- NAYS—71 (5) Congress should not delay the enact- tainees it expects will require long- Alexander DeMint McCain ment of critical appropriations necessary to term incarceration. Allard DeWine McConnell ensure the well-being of the men and women Why all the hurry? The 220-bed prison Allen Dodd Murkowski of the United States Armed Forces fighting is a guesstimate—a guesstimate—not Bayh Dole Murray in Iraq and elsewhere around the world, by Bennett Domenici Nelson (FL) attempting to conduct a debate about immi- an estimate. Bingaman Durbin The Department of Defense has al- Nelson (NE) gration reform while the supplemental ap- Bond Ensign Obama ready built one permanent maximum Brownback Enzi propriations bill is pending on the floor of Roberts the United States Senate. security prison at Guantanamo, a $16 Bunning Frist Salazar Burns Graham Santorum Ms. MIKULSKI. Mr. President, I real- million state-of-the-art facility com- Burr Grassley Schumer ize the Senator from Texas has been pleted less than a year ago that has the Cantwell Gregg Sessions Chafee Hagel recognized to offer his amendment. I capacity to hold 100 prisoners. Shelby Temporary detention facilities at Chambliss Hatch ask unanimous consent I be permitted Clinton Hutchison Smith Guantanamo include several camps in Snowe to offer my amendment after the Coburn Inhofe Cornyn-Feinstein amendment. which prisoners are housed in indi- Cochran Isakson Stevens vidual cells with a toilet and sink in Coleman Kerry Sununu Mr. CORNYN. Reserving the right to Collins Kyl Talent object, I have no objection to that re- each cell, and one camp where detain- Thomas ees who are considered the least dan- Conrad Landrieu quest. I note that Senator FEINSTEIN, Cornyn Lieberman Thune who is also joining me as a cosponsor gerous are housed in 10-man bays with Corzine Lott Vitter all-day access to exercise yards. Craig Lugar Voinovich on this amendment, would like to The Department of Defense contends Crapo Martinez Warner speak following me. Senator ISAKSON that these temporary facilities are would also like to speak. I ask unani- NOT VOTING—2 nearing the end of their useful life, but mous consent they be recognized. the Department does not argue they Dayton Kennedy Ms. MIKULSKI. Withholding the right to object, I have no objection to are unsafe or uninhabitable. The amendment (No. 367) was re- how long you wish to speak on your The U.S. military has many urgent jected. unmet needs, some of which are emer- amendment, Senator. I wanted to be gency status needs. Construction of a Mr. COCHRAN. I move to reconsider sure I got to offer my amendment this second permanent maximum security the vote. afternoon. Mr. CORNYN. I have no objection. prison at Guantanamo is not among Ms. MIKULSKI. I move to lay that The PRESIDING OFFICER. Without these urgent, unmet needs. This is a motion on the table. objection, the amendment of the Sen- decision that should be deferred until The motion to lay on the table was ator from Maryland will be considered the courts have resolved the legal sta- agreed to. after the amendment of the Senator tus of the detainees at Guantanamo from Texas. and until the Defense Department de- The PRESIDING OFFICER. The Sen- Mr. CORNYN. I thank the Senator termines the number of detainees it ex- ator from Texas. from Maryland for working with us. pects to hold in custody for the long AMENDMENT NO. 372 This amendment is a sense of the term. Senate that Congress should not delay What I am saying right now is the re- Mr. CORNYN. Mr. President, I call up enactment of the supplemental appro- quest is premature. Let us wait until my amendment numbered 372, which is priations bill by attempting to conduct the courts do their job. Then we will at the desk. a debate about comprehensive immi- have a picture of what we need to do. The PRESIDING OFFICER. The gration reform at this time. Let us not be premature in spending clerk will report. As I made clear, along with Senator the taxpayers’ money when there are KYL and others on this point, I am for The assistant legislative clerk read too many unanswered questions that comprehensive immigration reform. It as follows: ought to be answered and which in is long overdue. It is something in the time will certainly present us with a The Senator from Texas [Mr. CORNYN] pro- regular order we are going to consider, clear picture of the permanent needs. poses an amendment numbered 372. both in the Subcommittee on Immigra- I thank the Chair and thank all Sen- tion, Border Security, and Citizenship, ators. Mr. CORNYN. I ask unanimous con- which I chair in the Judiciary Com- The PRESIDING OFFICER. Is there sent the reading of the amendment be mittee, but also I have talked with the further debate? If not, the question is dispensed with. chairman of the full Judiciary Com- on agreeing to the amendment. The amendment is as follows: mittee, Senator SPECTER, and he has

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.037 S13PT1 S3524 CONGRESSIONAL RECORD — SENATE April 13, 2005 advised me that once we complete our culated’’—the result likely would be I will bring up the State Criminal work—hopefully in the next couple of that we would slow down and perhaps Alien Program for reauthorization. months—he would give us an expedited bog down this emergency supplemental This is paying back the States for their in the full committee. appropriations bill to equip our troops costs of confinement of illegals who On a subject so complex and poten- with what they need. commit felonies and misdemeanors and tially divisive as comprehensive immi- So this resolution suggests, in the go to county jails and State prisons. So gration reform, it is appropriate we last paragraph, that: it will open a long and complicated de- take up this issue as we would most Congress should not delay the enactment bate on the floor of the Senate. We complex issues; that is, by the regular of critical appropriations necessary to en- should not do that. Please. I have sat order. It is particularly important we sure the well-being of the men and women of as a member of the Immigration Sub- the United States Armed Forces fighting in do so in light of the subject matter of Iraq and elsewhere around the world, by at- committee now for 12 years. I come the present legislation in the Senate tempting to conduct a debate about immi- from a big immigration State, the larg- which is an emergency supplemental gration reform while the supplemental ap- est, no doubt about that, in America, a appropriations bill that should be propriations bill is pending on the floor of State with very deep concerns. passed without undue delay so our men the United States Senate. I understand the agricultural labor and women in uniform can get the re- I commend this to all of our col- needs of the States as well as anyone. sources they need, including the equip- leagues. I express my appreciation in And not to be able to have a markup, ment to do the job we have asked them particular to the Senator from Cali- not to be able to make amendments in to do and which they have so hero- fornia, Mrs. FEINSTEIN, for working a committee and present a bill that has ically agreed to do on our behalf in the with us. We both serve on the Judici- been scrubbed, amended, and is ready war on terror. ary Committee and believe this is an for prime time, I believe, is a huge mis- I confess there are many good pro- important issue. But it needs to be take. posals out there with regard to immi- handled in the regular course that So I am very pleased to support the gration reform. The Senator from would not divert us from the imme- Senator’s amendment. I will have an- Maryland has a proposal on H–2B on diate task at hand, which is to make other amendment in due course in this which there will be some agreement; sure our troops have the resources they area as well. some people will agree with it. The dis- need in order to complete the job we I yield the floor. tinguished Senator from Idaho has a have asked them to do on our behalf. The PRESIDING OFFICER. The Sen- bill called the agriculture jobs bill Mr. President, with that, I yield to ator from Idaho is recognized. which will attempt to create a work- the Senator from California. Mr. CRAIG. Mr. President, I stand at force that can work in the agricultural The PRESIDING OFFICER. The Sen- this moment to very cautiously oppose industry. I have some problems with ator from California. the resolution and to express my rea- Mrs. FEINSTEIN. Mr. President, I the details of that bill, but in the main son. I say ‘‘cautiously’’ because of my thank the Senator from Texas for au- it is a well-intentioned effort to try to respect for the Senator from Texas and thoring this sense-of-the-Senate respect for the Senator from California deal with part of this problem. amendment. I am proud to be a cospon- I say ‘‘part of this problem’’ advised- and all of the work they are putting sor. I agree with all the comments he ly. Rather than try to deal with this into immigration and the need for has made. I believe it is a huge mistake issue on a piecemeal basis, it is impor- comprehensive reform. to bypass the Judiciary Committee, to tant we enact comprehensive reform. None of us in the Senate argue about bypass the Immigration Subcommittee For too long we have simply ignored it, but we certainly are willing to talk on bills that are big in their ramifica- the fact our borders are not secure, about it. In fact, we have talked about tions on the United States of America. that once people get past the border If we do that, we will get into a de- it now for 1,201 days since 9/11. Mr. they literally can melt into the land- bate on the floor on the AgJOBS bill. I President, 9/11 was that day of awak- scape. It has resulted in the current think very few people know, for exam- ening when we found out there were untenable proposition that there are ple, that the way the bill is written millions of foreign nationals in our about—no one knows for sure—10 mil- you can have two misdemeanor convic- country without documentation, and lion people who have come into our tions and essentially still get a tem- some of them were here with evil in- country outside of our laws. We need to porary green card. That can be mis- tent. Not many but some. Most are deal with that, particularly in a post- demeanor theft. That can be mis- here and hardworking. September 11 environment, by address- demeanor battery. That can be mis- Tragically enough, because of the ing the security concerns, by restoring demeanor drugs. I will have an amend- character of an obsolete package of im- our reputation in this country as a na- ment to address that. I will take some migration laws, they are living in the tion that believes in and adheres to the time with it. back streets and shadows of America. rule of law but also in a way that is Most people do not know you just They have no rights. They work hard. compassionate and deals with the eco- have to have 100 hours of work in a 12- Many of them take their money back nomic reality involved where approxi- month period. I will have an amend- to their birth country. Some of them mately 6 million of those 10 million ment to address that, and there will be attempt to stay. That is where we are. people are currently in the workforce, other amendments to address that. But We all know that. many performing jobs American citi- this is a very controversial bill that The Senator from California has zens simply do not want to perform. can have a huge impact on the number talked about the numbers. Her State It is not because I disagree with the of people coming across the border. At has a very big problem. I hope we can general intent of immigration reform the very least, it should have a markup get into that debate. that I speak in favor of this resolution, in Judiciary. We should have an oppor- Let me also talk about the timing of which says we ought to take up this tunity to make amendments in Judici- it. I think you are going to see, if it is matter but in the regular course and ary before it comes to the floor of the extended, only those who would want on another day. Senate as an amendment on an appro- to extend the time of this debate. The It is mainly because I do not want to priations bill. issue of the Senator from Maryland is see, nor do I believe any Senator on the There is also the REAL ID bill, which a very small, sensitive, important de- floor or in their office or elsewhere very well may come up. Senator MI- bate. It is very time sensitive. That would want to see us get bogged down KULSKI has an amendment on H–2B. I law should have been in place the first and diverted in an immigration debate am concerned about it because it does of April so the hires could have gone that, frankly, I do not think we are yet not have a cap on the number, and the forth at the first of May. In my State, ready for, and at a time which I think H–2B quota has been reached. I believe the resorts open June 1. It is critical could well damage our long-term pros- it is 66,000. Maryland has some prob- that workforce be in place by June 1. pects at getting comprehensive immi- lems, which are valid problems, I am Comprehensive debate, according to gration reform passed, but particularly sure. But just to open the bill, unless the Senator from Texas, should prob- in a way that is calculated—let me there is a specified number—I think we ably take place late summer, early fall, change that word; it is not ‘‘cal- need to discuss it. when they have finally done their

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.040 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3525 work. I do not criticize them for that. it forthrightly, honestly, and fairly. I easily say it is the sense of the Senate But I must tell you, long before 9/11 I am willing to subject my work to that the Congress should not delay a was looking at the very tragic situa- amendments, if the Senator from Cali- comprehensive immigration reform de- tion of American agriculture. Amer- fornia wants to bring all of the amend- bate which is the reason we have the ican agriculture has admitted openly ments she can. I would hope she would problem today. that they have a very large problem. It target it to those specific two, the I have a great respect for the Senator is quite simple. The Bureau of Labor AgJOBS bill. She is right about mis- from Texas. I understand why this and Statistics will tell you the work- demeanors, but I am only following the amendment has been put together be- force may have as many as, well, 1.6 current Federal law, the current law cause, as the Senator has said, there million workers, and 70 percent of for immigration. I haven’t changed it are a lot of us who have been trying for them are not documented and there- at all. If she doesn’t like it, she will 3 or 4 days to figure out a way to bring fore, by definition, illegal. By surveys bring amendments, and maybe we can about a meaningful debate on com- alone, the workers admit it. Yet we adjust that a little. prehensive immigration reform. I am now say: Gee whiz, we will talk about I have worked with the Senator from taking this opportunity because I want it now. California. I am not disagreeing with to make points not on behalf of the It is too late now. It can’t be done the premise of some of her arguments. Senator from Georgia but on behalf of now. It is time sensitive to the indus- But if she wants to throw the whole the 9 million people in Georgia I rep- try, very time sensitive to the food on baby in with the bath water, then she resent. the shelf of the American consumer, had better be careful because she will Those points are as follows: REAL ID time sensitive to humane support of collapse her agricultural economy if we is not an immigration issue. It is a na- those who toil in our fields. make a misstep. tional security issue. By the time we No, there is never the right time. We are doing something right now get to the end of this debate and the And, oh, about this supplemental, this that is critical to America and to conference, it should be a part of this ‘‘urgent’’ supplemental—I am sorry, I America’s culture. We are trying to package. do not mean to criticize the Senator control our borders. We are trying to No. 2, I have the greatest respect for from Texas—we have been urgently apprehend and deport those in our the Senator from California and the working on this for 2 months. That is country who are illegal. We ought to do Senator from Idaho and the Senator how long ago the President proposed it, that. I have voted for everything along from Texas and the distinguished 2 months ago. We will have this on the the way. But as we work to get all of chairman of the Judiciary Committee, President’s desk by the first of May. this done and clean up the inheritance the Senator from Pennsylvania. I That is when they want it. We do not of the last 20 years of bad law or law wouldn’t disregard for a second the need to debate immigration for 4, 5 that wasn’t enforceable—and we amount of work that has gone into the days unless the Senator from Cali- learned all about it in a post-9/11 envi- comprehensive immigration laws of fornia wants to drag it out. ronment—we have to remember one this country, trying to bring about fun- There will be amendments on the thing: As we do the right things, we damental change. However, as of this floor of the Senate to my bill, and have to do all of it the right way or we date, in the 3 and a half plus years there should be. It is open for amend- will collapse certain segments of Amer- since 9/11, the Congress has done little ment. I would hope I could convince ica’s economy because we destroyed to address some major issues. For a Senators to take it as it is. It has had the workforce that is out there at this second, I would like to address them. hearings before the Judiciary Com- moment, toiling in America’s agricul- As I do, I want you to know I am a mittee. It is well vetted. It has been 8 tural fields or in America’s processing second-generation Swedish American. years in the crafting. Last year, I had plants, working hard to take money Because of this great country, my 509 groups supporting it. This year I home to their children and wives—not grandfather emigrated in 1903 in the will have 600. here, dominantly in Mexico. Some potato famine. My father was born in This issue’s time has come, and it is here. 1916. My grandfather wasn’t natural- time the Senate deal with it openly That is the reality that I bring to the ized until 1926. Because of this Con- and forthrightly. I was willing to step floor, and I am very willing to debate. stitution, I am in the Senate today. I back for a moment. I told the leader so. I hope we can get into that debate later respect the legal immigration process. The leader worked on it but could not on today. I also despise those who tend to judge put that package together. I will be on When you think about the Cornyn- books by covers and categorize people the floor of the Senate later today, Feinstein resolution, that this is not by their ethnicity or their look or say: hopefully, offering my amendment. It the right thing, then when is it? They are an illegal alien. We have de- has been filed at the desk. We can deal Twelve hundred days from now, 1,300, layed so long in dealing with securing with this in a day, unless there are 1,400 days from the day that America our borders, enforcing legal immigra- Senators who want to drag it out by awoke to the problem as America’s tion and seeing to it there are con- throwing in amendments that ought to people were killed and our trade center sequences to bad behavior, the Amer- go in the substantive comprehensive fell and our Pentagon was attacked? ican people have lost confidence in the package that the Senator from Texas, That is the reality. We are doing all government to actually do what the chairing the committee, is working on the right things. We are moving in the Constitution expects us to do. and attempting to do at this moment. right direction. But let’s make sure Think about a few things for a sec- A comprehensive bill? You bet. Rifle that as we do, we do it in a package ond. We have talked about agriculture. shots, targeted? You bet. We have to do that doesn’t start collapsing segments We are spending money enforcing the it now and should do it now—H–2B, H– of our industry or mistreating people adverse effect wage rate on the onion 2A, critical to Americas’s workforce who work hard for themselves and for farms of south Georgia. We are spend- and food supply now, not this fall or the American economy. ing money enforcing a law that actu- this winter or next year. We almost I yield the floor. ally would induce a farmer to think collapsed the raisin industry in the The PRESIDING OFFICER. The Sen- about hiring undocumented workers Central Valley in California last year. ator from Georgia. rather than documented workers be- Why? Because Social Security was Mr. ISAKSON. I thank the Senator cause it is going to cost him $2, $3, or doing its work and checking Social Se- from Texas for allowing me a few mo- $4 an hour more to hire the docu- curity numbers. And 72 percent of them ments to speak about this issue. mented worker, and we don’t have the were mismatches. That is a phrase for If we read the preamble to this pro- enforcement people to enforce our bor- ‘‘illegal.’’ The Senator from California posed amendment, it says it is a sense ders. How in the world can we justify knows it. She has admitted she has a of the Senate that the Congress of the trying to enforce that which induces major problem in the heart of Amer- United States should not delay the ap- the wrong thing to happen? ica’s agricultural food basket. propriation to our men and women in We have seen our health facilities, Shame on us for not having the time harm’s way by having a debate over our educational facilities—I chaired to deal with the problem and deal with immigration policy. It could just as the Georgia Board of Education. I

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.042 S13PT1 S3526 CONGRESSIONAL RECORD — SENATE April 13, 2005 spent more time providing Spanish- up to about 5.5 million people a year would say I can sneak across and get a speaking teachers for our State, and bi- who come into our country under one hundred hours of work, then I can lingual programs, which I am proud of. visa or another. It is an enormous job bring in my family and I will have a I want to educate every one of them. I to look over this whole breadth and green card. It is nirvana. helped write No Child Left Behind. But scope of immigration programs and For my State, it is perhaps dif- as the flood and the flow continues and make the necessary changes. ferent—Texas might be the next State, the suspicion continues that we fail in I think one logical change is if a and then Arizona—in terms of sheer Washington to recognize the crisis we quota of people coming from Mexico is numbers and problems. When the Presi- have in this country, a crisis that is perhaps too small, people have to wait dent proposed his plan, let me tell you causing some of our citizens to take ac- too long; therefore, there is a huge ille- that apprehensions at the border in tions that worry me deeply, it is my re- gal immigration problem. Nonetheless, February went up 14.2 percent; the next sponsibility on the floor of this Senate we are a nation of laws. If we have the month, March, 57.8 percent; April, 79.6 to represent the people of the State of law, we should follow the law. So I am percent. So the call was out there, and Georgia. one who believes reform should be people thought, aha, and they tried to I respect the Senator from Texas and done, but in the name of reform I don’t come across the border to get into the this amendment. I understand why it is believe we should pass a bill quickly on country. The same thing will happen. here. If we get about the business of a an appropriation bill without going That is why it is important that we feeding frenzy, of taking some of the through the necessary steps to adjust figure a way to prevent that from hap- points I have mentioned and the Sen- it and amend it in the committee. pening. I will provide for an adjust- ator from Idaho has, we may delay, but Let me make a point in response to ment of status for people who have somehow, some way we need to send the Senator from Idaho, and I am worked in agricultural labor for a long the American people the clear signal pleased that he is a great expert on time, for a substantial period of time. we get it. We are going to have com- California agriculture. Since he is, he Mr. CRAIG. Will the Senator yield? prehensive reform. We are going to will know that the great bulk of the Mrs. FEINSTEIN. For a nice question have a comprehensive debate, and it is workforce is illegal. That workforce or a mean one? going to be sooner rather than later. has been there for a very long time. I Mr. CRAIG. I have never been mean I will disagree, I am sure, as will oth- would accept a bill that provided for to the Senator from California, nor has ers with me, on where we need to go. some adjustment of a workforce that she to me. She obviously makes very But disagreeing on how we get there had worked in agricultural labor for 3 important points. None of those have and getting there are two different years, that had been in California been disputed and none of them have things. We no longer have the luxury. doing it, could show prior work docu- been dismissed out of hand. California Our States, our school systems, our mentation and be vouched for by em- is a unique situation. Texas is a unique hospitals, our farmworkers, and our ployers. situation. My State of Idaho has a people no longer have the luxury or the According to this bill that we are large number of undocumenteds during patience for us to delay any longer. going to have on the floor—and I as- the year, but it is equal to one county In my State of Georgia, there is an sume people feel it is going to sweep in the Central Valley of California. I old saying: If you want to get the mud through—you only have to work for a understand that. out of the stream, get the hog out of hundred days—that is, 575 hours—in 12 I don’t understand California agri- the spring. Procrastination on dealing months and you are eligible for your culture as well as the Senator from with the delicate and difficult issues of family coming, for a temporary green California, but I spent a good deal of comprehensive immigration reform card; and then if you work another time down there because I work on a have muddied the water in America time, you get a permanent green card. broad variety of issues dealing with and will do great harm if we don’t Well, this is going—mark my words— California and water. California has a hurry up and take the 8, 3, 4, and 6 to be a huge magnet. When I discuss very real problem. The Senator has a years of work that has been done in this with people, they say: There is an right to be concerned and alarmed. Any committees and move forward with eligible date. Look at it here. Do you amendments she would wish to offer comprehensive reform. think people across the border know that are viewed as constructive I will I believe the Senator from Texas is the eligible date? All they know is they take a very hard look at to make sure trying to use this as a foundation for have to be here and work for a hundred that what we do works. that to happen. I understand the Sen- days, so come on over. They come over Yes, we have a January 1, 2005, date. ator from Idaho’s frustration which I and you cannot find them and they I will not get into the details of my have shared. I hope if my remarks con- don’t go home. What happens is the bill. We will debate that. So the rush of tribute anything, it will be to send a numbers build up, the people in south- the border would already have had to message: Regardless of whether we ern California find people camping in occur. But it hasn’t. It has increased agree on the specifics, let us no longer their backyards, in their gullies, and in simply because there is a demand for delay in dealing with the single largest the parks; there is no housing, the workers in this country. domestic issue to the people of the schools are overcrowded, and then peo- If the Senator wants to help me United States and that is comprehen- ple go to the ballot with an initiative. shape that more, I am willing to listen sive immigration reform and rewarding That is what happened in 1994 when to that and see what we can do with legal immigration and getting our proposition 187, unconstitutional as it amendments that deal with the mis- arms around illegal immigration. was, passed. Polls show that if put on demeanor issue she is concerned about I thank the Chair and yield the floor. the ballot today, it would most likely and a time certain. None of us wants to The PRESIDING OFFICER. The Sen- pass again. create a rush at the border. What we ator from California. So I have tried to be constructive. I want to create for California and the Mrs. FEINSTEIN. Mr. President, I have proposed amendments that have rest of the country is a legal workforce wanted to make a brief response, both been rejected by the authors in the that is there, real, and honors those to the Senator from Georgia and the House and the Senate. I am on the Im- here for 3, 4, 5 years, who are married Senator from Idaho. One of the reasons migration Subcommittee. Why do any and have families here. We say: Go why I think it is so difficult to look at of us serve on a subcommittee, then, if back to Mexico, and you may get back a broken immigration system is be- a bill of such enormous dimension— across the border. cause our immigration system is so this could be the largest immigration Mrs. FEINSTEIN. Mr. President, I big. America takes more immigrants in program in history. It could bring mil- think I have the floor. I was waiting its regular immigration quota a year lions of people into this country. The for the question. than other industrialized countries put workers, their spouses, their minor Mr. CRAIG. The question is quite together. children are all permitted. simple: Offer your amendments, and I If you take that and you take all of We should know what we do. Now, a will take a serious look at them. You the other programs, H–1B, H–2B, the L hundred days of work, 575 hours of make very important issues for your visas, and all these other visas, it adds work—if I were on the other side, I State and many other States, and I

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.044 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3527 hope you will do that in a fair and re- does not let it go through Immigration, driving under the influence—there are sponsible way, as you have always been does not let amendments have exposure all kinds of criminal misdemeanors. To on this issue. in committee. say someone who broke the law who Mrs. FEINSTEIN. I thank the Sen- Virtually everybody here who is ar- came here illegally, who was illegally ator. guing is a member of the Judiciary employed, can have two misdemeanors Mr. CHAMBLISS. Will the Senator Committee. That is where we ought to on their record and have a special sta- yield? be debating it instead of on the floor tus is something I do not understand. Mrs. FEINSTEIN. Yes. passing a piece of legislation of which Yet I have implored them for a sub- Mr. CHAMBLISS. Mr. President, I no one—no one—knows the absolute ef- stantial period of time, and they do not happen to agree with her 100 percent. fect. want to change. She is exactly right. Not only are we I yield the floor. If we had a chance to discuss this in going to see a flood of illegals coming The PRESIDING OFFICER (Mr. the Judiciary Committee in a markup, across in greater numbers than what COBURN). The Senator from Arizona. this would be brought out, and we we have today, we are going to see sta- Mr. KYL. Mr. President, before the could debate it back and forth. People tus under the AgJOBS bill, which is Senator yields, may I ask two quick could say why they want it, we could pure and simple amnesty. But you are questions? Will the Senator from Cali- say why we do not think it should be also going to have somewhere between fornia respond? First, the Senator from included, and there would be a vote. At 8 million and 13 million illegal aliens California is the ranking member on least a bill would have been vetted by who are here today having the oppor- the Terrorism and Homeland Security a committee process. tunity to become legalized. Just the Subcommittee of the Judiciary Com- Mr. KYL. Will the Senator from Cali- fact that we don’t know, as the Senator mittee, which I chair; is that correct? fornia yield for another question? has alluded to, how many there are, Mrs. FEINSTEIN. That is correct. Mrs. FEINSTEIN. I will be happy to with the difference being between 8 Mr. KYL. Mr. President, let me ask yield. million and 13 million, that tells you the Senator another question. She Mr. KYL. Under the provisions we how big the problem is. talked about the probability of thou- talked about before, which would at- So I happen to agree with her, and I sands and thousands of illegal immi- tract any number of illegal immi- will simply tell her we are going to grants being attracted to come into the grants—and by the way, that is not a have an alternative—Senator KYL and country who are not here now. The term I throw around negatively be- I—to the AgJOBS when we get to that. Senator from Idaho said we will have a cause they would, in fact, have to say The Senator is exactly on target rel- cutoff date. they were illegal immigrants in order ative to these folks who are going to Was the Senator from California, in to gain entry into the United States. line up at the border. raising that concern—which I believe They would have to say they were Mrs. FEINSTEIN. If I may conclude to be an absolutely legitimate con- working illegally in the United States my discussion, and then I will yield the cern—perhaps talking about section before and now they want to come floor to Senator CRAIG. He mentioned 101(D)(1)(c) of the bill of the Senator back. That is the provision of law raisins. The last time I looked, it took from Idaho which actually invites under which they could actually come 40,000 workers in California to harvest former lawbreakers to return to the back into the United States. the raisin crop in 4 different counties. United States? In other words, illegal Based on the experience of the Sen- Most of these are illegals. Most of immigrants who have formerly worked ator from California with the use of il- these have done it year after year. in U.S. agriculture. legal documentation—Social Security They also go from crop to crop to crop, Mrs. FEINSTEIN. Mr. President, can cards, driver’s licenses, all of the other as we know. the Senator give me a page? items of identification that can be The key is to take care of, in my Mr. KYL. I do not have the page. It is counterfeited—would the Senator have view, the people who are already here a section that permits former immi- a view as to whether this particular and working and are a part of this. The grants, who worked here illegally in provision could be taken advantage of demand for the agricultural jobs comes agriculture but have since returned to by those wishing to commit fraud? Of every time the employer sanctions are their home, to return to our southern course, people already committed fraud carried out. Then suddenly the agricul- border and apply for the special status in this country by coming here ille- tural industry says we are for bringing that is set up in the bill the Senator gally and using those same fraudulent more people in from other countries. I from California described earlier in documents to gain employment in the think we have to find a way to have a order to file a preliminary application first place. Isn’t this one that would workforce that is known, identifiable, for status as temporary permanent engender a lot of fraudulent applica- reasonably and well paid, that can get resident if they appear in designated tions to come back into the United housing, can send their children to ports of entry with an application that States? school, that work in this industry. ‘‘demonstrates prior qualifying em- Mrs. FEINSTEIN. This has been and Probably one-half of the agricultural ployment in the United States,’’ and is today a huge problem. Additionally, workforce—I would say 600,000 work- then could be granted admission to the there is another problem on our south- ers—is illegal. These are the 600,000 United States by the Department of ern border, if the Senator would give who I believe we should be concerned Homeland Security. me a minute, and that is, other than with—not opening the border to bring That is question No. 1. Is that one of Mexicans crossing the border being in more but to find a way that they the areas in which additional illegal picked up illegally. I think it was up to then can become a responsible part of immigrants would be attracted to come 88,000 last year. So it is shooting up. the workforce. That is where I am, be- into this country? And when you ask the Border Patrol cause I admit that is a need. Mrs. FEINSTEIN. Absolutely. Addi- about it, they say this is very difficult This bill does not do that. This bill tionally, this bill gives this special for them to sort it all out because sets up a different program and does temporary green card to people with there is such pressure on the border. not relate to people who have been here two misdemeanors on their record. I The Senator, certainly, in Arizona for years working in agriculture. They have discussed this with the authors in knows that pressure on the border. may be very good citizens. They prob- the House, and they do not want to The fraud of documents is well ably are. Some of them own their amend it. My own view is there should known. One can buy a driver’s license, homes, they have children, they are re- be no misdemeanors. Why should some- a Social Security card fraudulently in sponsible. They have a tough life, true. body who broke a law coming here be places that I know of and have seen it I think this can be handled. But what able to break two more laws and get happening in southern California for has happened is there is a set men- special consideration? We all know $15 or $20. So that is not a big problem. tality that the bill has to be this way misdemeanor laws vary. We know there Mr. KYL. If I can conclude by saying because we have 60 votes, and we are are misdemeanor drug laws, there are to the Senator from California, I think going to keep it this way. That is a misdemeanor battery laws, mis- the proposal she and the Senator from problem and, therefore, that mentality demeanor theft laws, misdemeanor Texas have set forth to put this very

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.046 S13PT1 S3528 CONGRESSIONAL RECORD — SENATE April 13, 2005 important but very complicated discus- that conference committee and face an need to do is deal with it comprehen- sion off and not have this debate on the immigration issue, a very serious im- sively. That is the reason for the reso- bill that helps to fund our war oper- migration issue, a very controversial lution. ations in Iraq and Afghanistan is a one. Mr. DURBIN. I thank the Senator very good proposal which I intend to So the suggestion we not add any im- from Texas. I do apologize. I mentioned support. migration debate to this bill may be a to him a minute or two ago that I was As she knows, I welcome the oppor- good one to expedite it but like it or going to ask a question along these tunity to work with her and also with not we are going to face what I con- lines. I would like to ask Senator my good friend and colleague from sider to be some very onerous provi- CORNYN and Senator FEINSTEIN to con- Idaho, the Senator who is proposing sions of the REAL ID bill which will be sider this. Because if we do not go to the bill, which I would oppose but part of the conference committee re- that next step and say we are not going would hope to be able to work on if we port. If it is appropriate, I will retain to let the House bring in an immigra- have the opportunity to do that out- the floor but ask the Senator from tion provision in conference and tie our side the kind of activity in which we Texas about that particular cir- own hands and not offer important im- are engaged on the supplemental ap- cumstance. Would the Senator from migration provisions in the Senate, propriations bill. Texas be open to modifying his sense of that is unfair. If we are going to make So I do support the proposal of the the Senate resolution in paragraph 4? this an immigration and appropria- Senators from Texas and California In paragraph 4, the Senators from tions bill, then we have some pretty and hope the body will approve it. Texas and California say Congress important issues to consider. Mrs. FEINSTEIN. I thank the Sen- should not short circuit the discussion Senator KENNEDY has an issue with ator very much. of immigration by attaching amend- Senator CRAIG—Senator MIKULSKI, so The PRESIDING OFFICER. The Sen- ments to this supplemental outside of many do. If this conference is going to ator from Illinois. the regular order. be open and the REAL ID provisions Mr. DURBIN. Mr. President, I en- Would the Senator from Texas mod- come rolling out at us, as difficult as it joyed this debate. It has been over 15 ify his resolution to add the following is, as time consuming as it may be, we years since the Senate has had real de- language: Or by including provisions have no recourse but to open the issue bate on immigration. The Simpson- relating to immigration in the con- and open the debate. I yield the floor. Mazzoli bill was the last time the Sen- ference report to this supplemental ap- ate seriously looked at this issue, and The PRESIDING OFFICER. The Sen- propriation bill? ator from Maryland. it took us years to finally come up If the Senator would, then I think Ms. MIKULSKI. Mr. President, reluc- with a bill. We have not seriously ad- what we are saying is we want a clean tantly, I rise to oppose this amend- dressed changes since. bill. By this vote, we are instructing ment, even though I agree with many There have been dramatic changes our conferees to not come back with of the principles expounded in it. No. 1, across America in immigration pat- REAL ID, to not come back with any to my colleagues on the Judiciary terns, the number of people coming in, immigration provision. Committee, the sponsors of this certainly issues of national security. If I understand the predicament Sen- amendment, I too, agree, that our im- there is ever an issue we should address ator MIKULSKI faces in Maryland. Sen- migration system is badly broken. It in comprehensive fashion, it is immi- ator REED of Rhode Island faces a simi- does fail to serve the interests of our gration. lar predicament when it comes to Libe- national security and our national I commend President Bush. We do rian refugees. Senator SCHUMER faces economy. We do need to enact the crit- not see eye to eye on many things, but an emergency situation with victims of ical appropriations bill to support our I commend him for his leadership in volcano on an island who are now going troops and help people who are tsunami suggesting we debate immigration. His to be deported back to tragic cir- victims and some other important as- proposal is not one I embrace in its en- cumstances. pects. At the same time, though, the tirety, but it at least opened the de- The point I am making is we cannot sense of the Senate really should be di- bate. Many were critical of it, some escape the reality immigration is on rected to the House. For someone like lauded it, but at least he had the cour- top of us and coming at us, but if we myself, who has a very serious crisis age to step up and say: Let’s debate it. want this bill—because of its special because of something called the H–2B Now comes the sense-of-the-Senate nature—to be clean, I ask, without visas, which I will explain in more de- resolution that says we have an impor- yielding the floor, if I could, through tail at another time, the fact is this is tant bill before us relative to the war the Chair, if the Senator from Texas our only vehicle. in Iraq, Afghanistan, and tsunami re- would be open to including this lan- Immigration, as an issue, was intro- lief. Senator CORNYN, a Republican of guage in his sense of the Senate resolu- duced in the supplemental appropria- Texas, and Senator FEINSTEIN, a Demo- tion? tion bill in the House of Representa- crat of California, have said this bill Mr. CORNYN. Mr. President, I appre- tives with an enormously controversial should not include immigration provi- ciate the question of the Senator from and prickly concept, the so-called sions. I think they make a compelling Illinois. For purposes of the Senate REAL ID card. I know that my col- argument, an argument which I joined bill, it is absolutely critical, as I think league from Tennessee has proposed with several of my colleagues in mak- the debate has shown so far, we not get some creative solutions to deal with ing to Senator FRIST a few days ago, into other unrelated issues to the war that. I know that others want to talk who cosigned a letter—about 20 of us— supplemental, but we ought to leave it about this. If we can talk about com- to Senator FRIST saying we do not be- up to the conferees. Obviously, we are prehensive immigration reform, I am lieve one specific immigration provi- going to have to deal with the House all for it. But the question is, When are sion should be part of this conference provisions, and that is going to be we going to do it? It has been over 1,000 or this appropriations bill, and that re- worked on in the conference committee days since 9/11, and we have not done lates to the REAL ID. I do not expect to be on. comprehensive immigration reform, For those who have not followed the This is the agreed language Senator nor have we looked at what aspects of debate, the REAL ID is a provision FEINSTEIN and I have been able to come immigration are working. There are adopted in the House of Representa- up with, and it covers the area we have certain aspects that are working in tives which will be part of this appro- some control over; that is, what hap- certain areas of the guest worker pro- priations bill when the House and Sen- pens in the Senate on the Senate’s grams; college students who come from ate come together to decide the final version of the bill. abroad, who work in our country and work product. Certainly, I will want to work with learn in our country and go back home, My concern, I say to Senator CORNYN the Senator from Illinois and all my what a tremendous exercise in public and Senator FEINSTEIN, is that the gar- colleagues to try to make sure we diplomacy the so-called J visas have lic is in the soup. There is no way to enact comprehensive reform. Part of accomplished. take it out at this point. Those of us the problem is we are taking this in a In my own State, the H–2B visa, who may be conferees will walk into rifle-shot fashion when I think what we which allows guest workers to come

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.049 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3529 into this country for seasonal employ- left their mortgages, left their homes, is what the REAL ID Program is. It is ment to take jobs that are certified as left their children, left their jobs. They a national identification card. They not being held by American workers, are dealing with all the issues we have say it is not, but what else is it? We with a mandated return to their own to deal with from half a world away. have taken an ineffective national home, has worked well. It has worked Plus they are being shot at, and some identification card, the driver’s li- so well that the cap is now bursting at of them are being killed. We are slow- cense—I have mine right here. We have the seams. ing it down because we have failed to taken an ineffective national identi- I am all for comprehensive immigra- address one of the single most impor- fication card, and we are trying to turn tion reform, but No. 4 says Congress tant issues facing our country, and so it into an effective one. We know it is should not short circuit the discussion we come up in the middle of a debate ineffective because we know that the by attaching amendments to this sup- about whether to support our troops terrorists in 9/11 all had driver’s li- plemental. We have had no discussion. and say, okay, let us stop for a few censes. I know it because mine expired There is nothing to short circuit. What weeks and argue about immigration. in 2000, and every time I hand it over at we do have is a series of, as Senator For Heaven’s sake, we should pass the airport they never turn it over to DURBIN has said, these rifle-shot crisis the bill to support our troops imme- see if it was renewed to the year 2005. situations. diately. We agree with it. We all sup- We have an ineffective identification It would be wonderful if we could port it. We support them. We all agree card, and the House wants us, without have comprehensive reform. I look for- with it. Then we should get about the going to a single committee, to pass a ward to participating in that com- business of dealing with the point of big unfunded mandate, slow down help prehensive reform. For now, we have to the Senator from Maryland, and the for the troops, and pass an unfunded look at those States that are facing a proposal of the Senator from Idaho, national identification card. That is crisis because of the flawed immigra- and the work Senator KYL and Senator what we are being asked to do here, tion system we have now and for which CORNYN are doing. and I don’t think we should do it. That we are advocating modest and tem- This is a country that is unified by a is not the right way to go about it. porary legislative remedies. few principles, our country, the United I fully support the idea of allowing I salute our colleagues. They have a States of America. We are not unified the Democratic and Republican leader- big job ahead of them. Anybody willing by our race or by our ethnicity or any- ship to agree on a certain time soon to undertake comprehensive immigra- thing else such as that. Among those where we address this massive chal- tion reform needs to be encouraged, principles is the rule of law. We go all lenge to our credibility as a nation, as supported and worked with. We need around the world meddling in other a nation of the rule of law, and where elasticity in this bill to deal with those people’s business, preaching about the we create an immigration system we things related to our economic viabil- rule of law, yet we have 10 to 15 million can be proud of. For me, that means a ity. In many ways, a guest worker pro- people living here who violate the law generous program to allow people to gram that is working needs to be ad- by being here. We should not tolerate come here and work legally, and then dressed, and I hope to offer an amend- that, and we should be embarrassed as we enforce the law. For me, that means ment. a Congress that we have failed to deal we do not have a double system where I yield the floor. with it. we have 500,000 or a million people who The PRESIDING OFFICER. The Sen- This is not a problem Tulsa can deal stand in line to get in, and then we ator from Tennessee. with or Nashville can deal with. This is have another million people who break Mr. ALEXANDER. Mr. President, I a flat out responsibility of the Con- the line to get in. That is not right. know the Senator from Maryland has gress to solve, and we should solve it. We also need to address questions worked hard on this need, as well as We are dumping on the backs of local about whether we are going to con- the Senator from Idaho, and there are communities the cost for schools to tinue to require people who apply for other Senators who feel deeply we educate people who are illegally here. student visas to say when they apply ought to deal with immigration. Most Ten years ago in the schools of south- that they never intend to live here. Of of us have been to Iraq, Kuwait and Af- ern California, a third of the children course, many of them do and we want ghanistan. We know what this bill is in the largest school district in Cali- many of them to. Do we not want the about. This bill is about whether the fornia were here illegally. Somebody brightest scientists in China or India National Guard men and women from has to pay for that. Emergency rooms to come to the University of Alabama Tennessee have sufficient armor when in hospitals have many people there or Tennessee and then stay here and they go into a combat zone. This bill is who are here illegally. That is strain- create jobs to keep our standard of liv- about whether we are going to get ing the budgets of cities and states. ing up? We are getting more competi- some money to the new Palestinian So here we are in the middle of a de- tion from those other countries for Authority in time for them to be a suc- bate about how quickly we can support these bright people. We need to look at cess so we can begin to have the hope our military effort, and somebody over that. Then we need to look at enforce- of peace in the Middle East. This bill is in the House of Representatives at- ment. about whether we are going to fully taches a bill that might make some fund a building in Baghdad for our sense but—No. 1, it slows down our bill But this is not the way to do business thousands of Americans who are there for the troops, and No. 2, it probably here. I strongly support the Cornyn so that they do not have to live in imposes upon states a big unfunded resolution. I do not want to see the trailers and live in a more dangerous Federal mandate which most of the REAL ID legislation or any other im- situation than most Americans outside people on this side of the aisle were migration legislation slow down money of this country live in today in the elected to stop. I mean there are 190 for the troops, put an unfunded man- world. million state driver’s licenses. What date on state and local governments, This bill is about whether our com- the House provision would do is say we and prematurely, without careful, com- bat men and women have rifles that are going to turn the state driver’s li- prehensive consideration, try to deal are sufficiently modern to defend cense examiners into CIA agents so on this floor with one of the greatest themselves. This bill is about whether they can go around and check and see issues we have to face. we have safe trucks. Eight hundred of whether we have any terrorists coming We should pass the Cornyn resolu- them convoy from Kuwait City to in, and then we are going to make tion. We should pass the bill supporting Baghdad every day, carrying supplies them pay for it as well. Here is one the troops. Then we should set aside a to our men and women. This bill is more unfunded mandate. specific time, face up to it, and do our about whether we have helmets for our Then the third thing we are doing, job of reforming the immigration laws. combat men and women. We should not and we have not even considered The PRESIDING OFFICER (Mr. SES- be slowing it down. It is amazing to me through our committees whether this SIONS). The Senator from Oklahoma. that we would slow down a bill to sup- is the best way to do it, is determining Mr. COBURN. Mr. President, I rise to port the men and women in Iraq and if we are going to have in effect a na- speak on this issue because I think we Afghanistan, 40 percent of whom have tional identification card. In fact, that find ourselves fixing the wrong problem

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.051 S13PT1 S3530 CONGRESSIONAL RECORD — SENATE April 13, 2005 again. The real consequence of not hav- fulfill our duty to protect this country. Legal Services.’’ This provision re- ing addressed the immigration prob- When we have troops fighting in Iraq quires free, federally funded legal coun- lems in this country means we have and in Afghanistan and around the rest sel be afforded through the Legal Serv- problems with crops that are not going of the world, and we will not even en- ices Corporation to assist temporary to be harvested because we don’t have force the law when we have the capa- workers in the application process for workers. But the time to do that is bility to do it, we dishonor them. legal permanent residency. That is right after we finish this bill. So this is fixing the wrong problem. right. The bill requires that the tax- The American people as a whole do It is a problem, yes, but it is not the payers pay the bill for these allegedly not want an amnesty program, but real problem. The problem is the bor- temporary workers to apply for legal they will accept an amnesty program if der and controlling the border. I am permanent residency under the bill, we fix the border, and we have not se- convinced the American people are creating a new legal right and a new cured the border. We have not done compassionate and will deal with any right to legal representation for which what we need to do in this body, in the other issue of those who are here and the American taxpayers are going to be House or through the administration, those who want to come here in an or- called on to pay. to enforce the laws of this country. derly fashion, once they have the con- Third, the AgJOBS bill allows farm It is illegal to come here and we fidence that we have the border con- workers who are currently working il- should not reward illegal behavior. But trolled. But we fail to do that at our legally in the United States to cut in you can’t even begin to address that peril, we fail to do that at the peril of line in front of workers who have fol- until you say we are going to enforce the safety of this country, and we fail lowed legal avenues from the start, vio- closing this border for national secu- to do that at the peril of these areas lating the principle the Senator from rity purposes but also for competitive that need specialized help in a short pe- Tennessee articulated so well just a purposes. riod of time. We are going to suffer the few moments ago. We need to have a national debate consequences of that and we should. Next, AgJOBS grants amnesty to as about how many people need to come I yield the floor. many as 3 million illegal aliens who in and supply an effort to our Nation as The PRESIDING OFFICER. The Sen- say they have worked recently in U.S. we grow. All of us in this country are ator from Texas. agriculture, along with their family Mr. CORNYN. Mr. President, I point immigrants except for the Native members. Americans. We would welcome others. out the debate we have been seeing So not only are we talking about a But it has to be done legally. We have here in the last couple of hours to me worker program, we are talking about not done our job as bodies of the legis- proves the point, and that is this is a bringing families and children, which complex, difficult, contentious issue, lature, along with this administration, common sense tells us will decrease but one that, from what I heard over of first securing the border. the likelihood that at any such time in the last couple of hours, we all agree We have a national priority in terms the United States part of this program of our own safety. Yet the politics of needs to be addressed. Indeed, that is what the resolution will indeed be temporary. Indeed, it is securing that border plays into every says. It says Congress must engage in a more likely that they will stay beyond Presidential candidate who is running careful and deliberate discussion about the span of their visa and live here per- today. It becomes a political football. the need to bolster enforcement of and manently. The fact is, for our children we need to One other point: Since virtually all comprehensively reform our immigra- secure that border to make sure we tion laws. That is what the resolution of the special agricultural workers don’t have terrorists coming across. says. granted the one-time-only amnesty en- ‘‘60 Minutes’’ 3 or 4 weeks ago showed I know different Senators have dif- acted in 1986 left agricultural work as a person from Croatia who came across ferent proposals. As I have said, I think soon as they had their green cards on the border illegally, became a legalized the idea is we ought to take up those in hand, AgJOBS puts illegal aliens on citizen after that, and ran guns and ex- the Judiciary Committee in the Sub- the path to U.S. citizenship in a two- ported them throughout our country. committee on Immigration, and we step process. He had access illegally to get here in ought to be able to come up with a bill First, illegal aliens would be granted the first place. That is not what we we can present to the chairman of the temporary residence and indentured for want. Judiciary Committee and other mem- up to 6 years to ensure they continue We need to solve agricultural prob- bers. We can have it marked up. With to work in agriculture in the short lems. I come from an agricultural the help of the majority leader, we can term. Next, once these newly legalized State. But the American people are not get it to the floor of the Senate. aliens are provided records of labor, going to accept an amnesty program, I It would be my hope we can do that they will be granted lawful permanent don’t care how you design it, based on within the next few months. I agree. residence and then U.S. citizenship— any type of emergency, until we fix the We have a serious problem that has amnesty, in a word. obligation we have, which is to control long been neglected in this country, Next, AgJOBS also freezes wage lev- that border. We have the capability to and it cries out for an answer. els for new legal H–2A, nonimmigrant, do it. We have the technology to do it. Lest any of our colleagues think this agricultural workers at the January 2, We have the money to do that and a lot is not a complicated matter, let me 2003, level for 3 years following enact- less of other things if we would do it. If point out some of the matters con- ment. The undocumented worker can we will in fact control that border, tained in the AgJOBS bill alone which then stay in the United States indefi- then we can solve every other problem I think are very controversial. For the nitely while applying for permanent that comes about. benefit of our colleagues who are lis- resident status. They can become citi- There are going to be consequences of tening, this will give them a flavor of zens so long as they work in the agri- not fixing the problems that were out- why I say this is such a complex and cultural sector for 675 hours over the lined by Senator MIKULSKI and Senator contentious issue. next 6 years. Their spouse and minor CRAIG, but rightly so, because we For example, although the AgJOBS children are permitted to accompany haven’t done our job. There are con- bill purports to be a temporary worker them and will also earn legal perma- sequences when we do not do our job. program, it does not have a require- nent residency status. So I support Senator CORNYN’s resolu- ment once people are qualified to work I point that out because, as the Sen- tion fully. We need to come back and in the program that they actually re- ator from Georgia, Mr. CHAMBLISS, said address this. We need to address every turn to their country of origin. I be- earlier, I doubt there are many of our other area, but we have to first recog- lieve this component of a work-and-re- colleagues who understand the content nize that the American people are turn concept is absolutely critical to of this AgJOBS bill. If the Senator counting on us to do what is right in any program we might justly call the from Idaho chooses to offer it as an terms of securing the border. As long temporary worker or guest-worker pro- amendment, we will take up that de- as we continue to ignore that because gram. bate. Senator FEINSTEIN and others it is not politically acceptable in cer- Second, one of the provisions of the may offer some amendments, and I tain circles, then we are not going to AgJOBS bill is entitled ‘‘Eligibility for hear that Senator KYL and Senator

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.054 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3531 CHAMBLISS may have amendments of and some of these involve economic that makes sense. It is something I can their own. Who knows how many other and social policy that impact the im- live with. I believe it would move us amendments may be working out there migration question. forward. related to AgJOBS or maybe a more I believe we can do better. We need to The legislation being proposed, such comprehensive bill to deal with this give serious thought and consideration as AgJOBS, is not good to begin with, issue generally. that we can do much better. We have and I would probably oppose it, but But that makes the point. While we people who want to come here. They more than that it is not the time to are spending time talking about immi- want to do so in the right way. They deal with it. We are just not ready. It gration reform, we are not getting to will be assets to our Nation. We ought is not appropriate. the job that ought to be highest on our to identify those people and try to ac- I urge our colleagues to support this, list of priorities; that is, making sure commodate as many as possible, con- and not only support it but to vote this emergency supplemental appro- sistent with our own national interest. down the amendments that deal with priations bill passes without undue The Senator from Texas mentioned immigration so we can get this bill delay and without getting bogged down what is happening in enforcement done. We will have to deal with immi- in other matters, such as immigration today. It is a nightmare. There was an gration. It is a critical national issue. reform. article this morning in the Washington It is important to our country. We are In the end, I join with all of my col- Times about 13 illegals stopped by the a nation of immigrants. We do not leagues and say it is past time we deal local police officers. They were re- want to stop people from coming here. with immigration problems in this leased on bail. They are asked to show We do have needs in many areas and country comprehensively. We have no up for a hearing on their deportation. sectors of our economy. border security now. We do at the The statistics show, as the Senator I am not sure the Republic is going bridges, but between the bridges it is just said, as much as 80 percent of to fall if we do not have enough custo- come and go almost as you please. those people do not show up. They be- dial helpers in some resort somewhere. While many people come across the come absconders. It makes a mockery I am not sure the Republic is going to border to work, we understand as of the system in many ways. fall if there is not somebody to turn human beings people who have no hope I have some ideas about this issue. I the bedspreads down at night and put a or no opportunity where they live will have some beliefs that local law en- little piece of chocolate on the pillow. do almost anything to be able to pro- forcement has been confused in what In fact, we have a lot of American citi- vide for their family. Be it human their authority is. We ought to encour- zens who do that work dutifully every smugglers or be it self-guided trips age them to be helpful in this area in- day. If they were paid $2 or $3 more an across the Rio Grande or across our stead of discouraging, as the current hour, maybe they would do it; maybe northern border, it is relatively easy to laws today are. there would be more American citizens get into the United States, and the ter- I have done legal research on that prepared to do that work. rorists who know that can exploit that particular question, but this is a De- We grow cotton in my home State of and hurt the American people. fense supplemental bill to fund our sol- Alabama. If we bring twice as much We also know once people get to the diers in the field in combat. It is not cotton into the United States as was interior of the United States, there is the time to debate comprehensively brought in the year before, will we not virtually nonexistent law enforcement. one of the most complex and sensitive drive down the price of cotton, or any We have inadequate detention facilities subjects this country has to deal with. other commodity? along the border, particularly in my That is fundamental. We need to be of the understanding State. They have to let virtually all of The Sensenbrenner language offered that unlimited immigration to meet the detainees, the immigrants who early on on the intelligence bill was every possible need some business per- come across illegally, go on their own not accepted. He was given a promise son says is critical is not the right pol- recognizance and ask them to come he could move it on the first vehicle icy for our country just because they back for a deportation hearing 30 days that came out of the House. This is say it is critical. They have an inter- later. It should be no surprise that in more a national security issue, by far, est. They want cheap labor. We are now some instances 88 percent of them than an immigration bill. It is simply a talking about matters that go beyond don’t show up and simply melt into the tool to create a system by which we this supplemental. landscape—many of them working in can readily identify those who are not I am proud of our soldiers. I have places all across the country doing jobs here legally. been to Iraq and Afghanistan three Americans, perhaps, do not want. It is my observation, having been times. They are performing exceed- But this demonstrates how badly bro- around this Senate now for some years, ingly well. We have a responsibility to ken our immigration system is, our that you can propose and do a lot of support them. This legislation does border security, our interior enforce- things on immigration. Unless you that. It is our responsibility to move it ment, and the reason we need to deal come up with something that works, forward, get it to them, remove this with this comprehensively, not just that has the actual potential to be an uncertainty, make sure the Defense with a Band-Aid. impediment to illegal entry into our Department has what they need to sup- I hope my colleagues will join Sen- country, that is when we start hearing port our troops because we are holding ator FEINSTEIN and me and the others an objection. It seems those proposals their feet to the fire. If they are not who have spoken already in support of never pass. doing what the Defense Department the Cornyn-Feinstein resolution and I am prepared not to offer anything ought to be doing, we are going to be let us have a debate about immigra- on this bill. I am prepared not to de- on them, and we need to give them the tion—comprehensive immigration re- bate on this bill. My opinion is, the resources so we can legitimately com- form. But let us not do it at the time Sensenbrenner language is fine. I am plain if our soldiers are not being ade- when our troops are fighting the war all for it. But we are at this point look- quately supported. We will make a mis- on terror and delay them getting the ing at the potential of a flood of take if we get off that purpose and equipment and the resources they need amendments dealing with immigration move toward a full-fledged debate on in order to do the job they volunteered on a bill that ought to be funding our immigration. so nobly to do on our behalf. soldiers. I support the Cornyn-Feinstein The PRESIDING OFFICER. The Sen- The distinguished Senator from Mis- amendment. ator from Alabama. sissippi who chairs the Appropriations I yield the floor. Mr. SESSIONS. Mr. President, I Committee must be looking in wonder The PRESIDING OFFICER. The Sen- thank the Senator from Texas for his at a bill that is supposed to be funding ator from California. leadership on this issue and for his re- our troops that has now become a mas- Mrs. FEINSTEIN. I ask for the yeas marks, which I share. sive debate on this issue of immigra- and nays on the amendment. We have a problem with immigration tion. It is unfortunate. The PRESIDING OFFICER. Is there a and law enforcement and national se- Senator FEINSTEIN and Senator sufficient second? curity. Some of these are just security CORNYN have agreed on an amendment There is a sufficient second.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.056 S13PT1 S3532 CONGRESSIONAL RECORD — SENATE April 13, 2005 The clerk will call the roll. Yesterday, I presented to the Intel- The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ligence Committee Ambassador ator from Maryland is recognized. The Mr. DURBIN. I announce that the Negroponte to be the new NID and dis- Chair will enforce order. Senator from Minnesota (Mr. DAYTON) cussed this issue with him. It has be- AMENDMENT NO. 387 is necessarily absent. come somewhat controversial. This Ms. MIKULSKI. Mr. President, I send The PRESIDING OFFICER. Are there amendment I have would restore the my amendment to the desk. any other Senators in the Chamber de- money our committee reduced in the The PRESIDING OFFICER. The siring to vote? line that deals with the NID. It has clerk will report. The result was announced—yeas 61, been cleared. The assistant legislative clerk read nays 38, as follows: I ask unanimous consent that this as follows: [Rollcall Vote No. 94 Leg.] amendment be set aside temporarily so The Senator from Maryland [Ms. MIKUL- YEAS—61 we may consider this amendment. It SKI], for herself, Mr. ALLEN, Mr. LEAHY, Mr. Alexander Domenici Murray has been cleared on both sides. CORZINE, Mr. WARNER, Mr. JEFFORDS, Mr. Allard Ensign Nelson (NE) The PRESIDING OFFICER. Without SARBANES, Mr. DAYTON, Mr. KENNEDY, Ms. Allen Enzi Pryor objection, it is so ordered. LANDRIEU, Mr. REED, Mr. LAUTENBERG, Mr. Bennett Feinstein Reid FEINGOLD, Mr. DORGAN, Mr. KERRY, Mr. Bond Frist Ms. MIKULSKI. Mr. President, I am Roberts CONRAD, Mr. THOMAS, and Mr. STEVENS, pro- Brownback Graham now confused. As a courtesy to the Salazar poses an amendment numbered 387. Bunning Grassley Santorum chairman of the Subcommittee on De- Burns Gregg Schumer fense Appropriations, I yielded to him Ms. MIKULSKI. Mr. President, I ask Burr Hagel Sessions unanimous consent that the reading of Byrd Hatch so he could offer his technical amend- Shelby Cantwell Hutchison ment. Are we now laying my amend- the amendment be dispensed with. Smith Chafee Inhofe ment aside? The PRESIDING OFFICER. Without Chambliss Kyl Specter objection, it is so ordered. Stevens Mr. STEVENS. No. Clinton Landrieu The amendment is as follows: Coburn Lincoln Sununu Ms. MIKULSKI. Where are we? Cochran Lott Talent The PRESIDING OFFICER. The Sen- (Purpose: To revise certain requirements for Coleman Lugar Thomas ator is offering a unanimous consent to H–2B employers and require submission of Collins Martinez Thune set aside your amendment and to bring information regarding H–2B non- Cornyn McCain Vitter immigrants) DeMint McConnell Wyden up his, which has not been done yet. Dole Murkowski Ms. MIKULSKI. Mr. President, I sug- On page 231, between lines 3 and 4, insert the following new title: NAYS—38 gest the absence of a quorum. The PRESIDING OFFICER. The TITLE VII—TEMPORARY WORKERS Akaka Dorgan Levin clerk will call the roll. SEC. 7001. SHORT TITLE. Baucus Durbin Lieberman Bayh Feingold Mikulski The bill clerk proceeded to call the This title may be cited as the ‘‘Save Our Biden Harkin Nelson (FL) roll. Small and Seasonal Businesses Act of 2005’’. Bingaman Inouye Obama Ms. MIKULSKI. Mr. President, I ask SEC. 7002. NUMERICAL LIMITATIONS ON H–2B Boxer Isakson Reed unanimous consent that the order for WORKERS. Carper Jeffords Rockefeller the quorum call be rescinded. (a) IN GENERAL.—Section 214(g) of the Im- Conrad Johnson Sarbanes migration and Nationality Act (8 U.S.C. Corzine Kennedy The PRESIDING OFFICER. Without Snowe Craig Kerry 1184(g)) is amended by adding at the end the Stabenow objection, it is so ordered. Crapo Kohl following: Voinovich Ms. MIKULSKI. Mr. President, in the DeWine Lautenberg ‘‘(9) An alien counted toward the numer- Dodd Leahy Warner interest of following the regular order ical limitations of paragraph (1)(B) during and engaging in , NOT VOTING—1 any one of the 3 fiscal years prior to the sub- we really need order. I could not hear mission of a petition for a nonimmigrant Dayton the distinguished Senator and, there- worker described in section The amendment (No. 372) was agreed fore, was concerned that we were hav- 101(a)(15)(H)(ii)(b) may not be counted to- to. ing some slippage in our process. ward such limitation for the fiscal year in which the petition is approved.’’. The PRESIDING OFFICER. Under AMENDMENT NO. 386 the previous order, the Senator from (b) EFFECTIVE DATE.— Mr. STEVENS. Mr. President, I (1) IN GENERAL.—The amendment in sub- Maryland is recognized. thank the Senator from Maryland. I section (a) shall take effect as if enacted on Ms. MIKULSKI. Mr. President, today have a request to set aside the Sen- October 1, 2004, and shall expire on October 1, I rise to offer an amendment. I under- ator’s amendment temporarily while 2006. stand my colleague from California is we consider this amendment which has (2) IMPLEMENTATION.—Not later than the seeking a unanimous consent. been cleared on both sides. It restores date of enactment of this Act, the Secretary Mrs. FEINSTEIN. Yes. If I may, Mr. the original budget request for NID. of Homeland Security shall begin accepting President, I thank the Senator from I offer the amendment on behalf of and processing petitions filed on behalf of aliens described in section 101(a)(15)(H)(ii)(b), Maryland. I ask unanimous consent— myself and the Senator from Hawaii, Ms. MIKULSKI. This is without in a manner consistent with this section and and I ask unanimous consent that the the amendments made by this section. yielding the floor. amendment be brought before the Sen- SEC. 7003. FRAUD PREVENTION AND DETECTION Mrs. FEINSTEIN. Mr. President, I ate, that it be adopted, that the motion FEE. ask unanimous consent to be recog- to reconsider be laid upon the table, (a) IMPOSITION OF FEE.—Section 214(c) of nized following the Senator from Mary- and that we go back to the amendment the Immigration and Nationality Act (8 land for the purpose of offering an of the Senator from Maryland. U.S.C. 1184(c)), as amended by section 426(a) amendment. The PRESIDING OFFICER. Without of division J of the Consolidated Appropria- The PRESIDING OFFICER. Without objection, it is so ordered. tions Act, 2005 (Public Law 108–447), is objection, it is so ordered. amended by adding at the end the following: The clerk will report the amendment. ‘‘(13)(A) In addition to any other fees au- Mr. STEVENS. Will the Senator from The bill clerk read as follows: Maryland yield? thorized by law, the Secretary of Homeland The Senator from Alaska [Mr. STEVENS], Security shall impose a fraud prevention and Ms. MIKULSKI. Yes, without losing for himself and Mr. INOUYE, proposes an detection fee on an employer filing a peti- my floor privileges. amendment numbered 386. tion under paragraph (1) for nonimmigrant Mr. STEVENS. Mr. President, I have The amendment is as follows: workers described in section an amendment at the desk. It is an On page 149, line 10 strike ‘‘$89,300,000’’ and 101(a)(15)(H)(ii)(b). amendment to restore the money for insert ‘‘$250,300,000’’ and on line 11 strike ‘‘(i) The amount of the fee imposed under the initial design of the building for ‘‘$20,000,000’’ and insert ‘‘$181,000,000.’’ subparagraph (A) shall be $150.’’. the National Intelligence Director. The PRESIDING OFFICER. Under (b) USE OF FEES.— (1) FRAUD PREVENTION AND DETECTION AC- When this bill was before our com- the previous order, the amendment is COUNT.—Subsection (v) of section 286 of the mittee, we reduced that amount at the agreed to and the motion to reconsider Immigration and Nationality Act (8 U.S.C. time, but when the budget was pre- is laid upon the table. 1356), as added by section 426(b) of division J sented, there was not a nominee for The amendment (No. 386) was agreed of the Consolidated Appropriations Act, 2005 that office. to. (Public Law 108–447), is amended—

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.058 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3533 (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), (title IV of division C of Public Law 105–277; It temporarily exempts the good actor and (2)(D) by striking ‘‘H1–B and L’’ each 8 U.S.C. 1184 note) is amended— workers—those who do return home after place it appears; (1) by striking ‘‘Attorney General’’ each they have worked a season—from the H–2B (B) in paragraph (1), as amended by sub- place that term appears and inserting ‘‘Sec- cap. Employers apply for and actually name paragraph (A), by striking ‘‘section retary of Homeland Security’’; and those good compliant workers who have 214(c)(12)’’ and inserting ‘‘paragraph (12) or (2) by adding at the end the following new complied with the law, they name them so (13) of section 214(c)’’; subsection: that they are allowed them to reenter for (C) in paragraphs (2)(A)(i) and (2)(B), as ‘‘(d) PROVISION OF INFORMATION.— this temporary period. amended by subparagraph (A), by striking ‘‘(1) QUARTERLY NOTIFICATION.—Beginning It protects against fraud within the H–2B ‘‘(H)(i)’’ each place it appears and inserting not later than March 1, 2006, the Secretary of program. ‘‘(H)(i), (H)(ii), ’’; and Homeland Security shall notify, on a quar- It provides a fair and balanced allocation (D) in paragraph (2)(D), as amended by sub- terly basis, the Committee on the Judiciary for the H–2B visas. paragraph (A), by inserting before the period of the Senate and the Committee on the Ju- And it reports to Congress how the at the end ‘‘or for programs and activities to diciary of House of Representatives of the program is working and where the prevent and detect fraud with respect to pe- number of aliens who during the preceding 1- beneficiaries are. titions under paragraph (1) or (2)(A) of sec- year period— I urge my colleagues to help small tion 214(c) to grant an alien nonimmigrant ‘‘(A) were issued visas or otherwise pro- businesses by passing this amendment vided nonimmigrant status under section status described in section 101(a)(15)(H)(ii)’’. and save these businesses and actually (2) CONFORMING AMENDMENT.—The heading 101(a)(15)(H)(ii)(b) of the Immigration and of such subsection 286 is amended by striking Nationality Act (8 U.S.C. save thousands of American jobs. Thousands of small and seasonal ‘‘H1–B AND L’’. 1101(a)(15)(H)(ii)(b)); or (c) EFFECTIVE DATE.—The amendments ‘‘(B) had such a visa or such status expire businesses are facing a worker shortage made by subsections (a) and (b) shall take ef- or be revoked or otherwise terminated. as we approach the summer. In my fect on October 1, 2005. ‘‘(2) ANNUAL SUBMISSION.—Beginning in fis- home State, this is primarily in the SEC. 7004. SANCTIONS. cal year 2007, the Secretary of Homeland Se- seafood industry. This year, because (a) IN GENERAL.—Section 214(c) of the Im- curity shall submit, on an annual basis, to the cap of 66,000 workers was reached migration and Nationality Act (8 U.S.C. the Committees on the Judiciary of the earlier in the year, my small busi- 1184(c)), as amended by section 3, is further House of Representatives and the Senate— nesses have been effectively shut out. amended by adding at the end the following: ‘‘(A) information on the countries of origin ‘‘(14)(A) If the Secretary of Homeland Se- of, occupations of, and compensation paid to We have had a lot of summer seasonal curity finds, after notice and an opportunity aliens who were issued visas or otherwise business in Maryland on the Eastern for a hearing, a substantial failure to meet provided nonimmigrant status under section Shore and Ocean City, people working any of the conditions of the petition to 101(a)(15)(H)(ii)(b) of the Immigration and on the Chesapeake Bay, and many of admit or otherwise provide status to a non- Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) these businesses use the program year immigrant worker under section during the previous fiscal year; after year. 101(a)(15)(H)(ii)(b) or a willful misrepresenta- ‘‘(B) the number of aliens who had such a First of all, they do hire American tion of a material fact in such petition— visa or such status expire or be revoked or workers. They hire all the American ‘‘(i) the Secretary of Homeland Security otherwise terminated during each month of may, in addition to any other remedy au- workers they can find. But at this time such fiscal year; and of the year, we need additional help to thorized by law, impose such administrative ‘‘(C) the number of aliens who were pro- remedies (including civil monetary penalties vided nonimmigrant status under such sec- meet seasonal demands. Because that in an amount not to exceed $10,000 per viola- tion during both such fiscal year and the pre- cap was reached for the second year in tion) as the Secretary of Homeland Security ceding fiscal year. a row, I might add, these employers are determines to be appropriate; and ‘‘(3) INFORMATION MAINTAINED BY STATE.—If at a disadvantage. They cannot use the ‘‘(ii) the Secretary of Homeland Security the Secretary of Homeland Security deter- program. What will it mean? It will may deny petitions filed with respect to that mines that information maintained by the mean that some of our businesses will employer under section 204 or paragraph (1) Secretary of State is required to make a sub- actually have to close their doors. of this subsection during a period of at least mission described in paragraph (1) or (2), the 1 year but not more than 5 years for aliens to My amendment is supported on both Secretary of State shall provide such infor- sides of the aisle. It does not change be employed by the employer. mation to the Secretary of Homeland Secu- ‘‘(iii) The Secretary of Homeland Security rity upon request.’’. existing requirements for employers. may delegate to the Secretary of Labor, with Employers cannot just turn to the H– Ms. MIKULSKI. Mr. President, today the agreement of the Secretary of Labor, any 2B visa whenever they want. First of I rise to offer an amendment that is of the authority given to the Secretary of all, employers must try vigorously to Homeland Security under subparagraph desperately needed by small and sea- recruit those workers. Then they must (A)(i). sonal business throughout the country. demonstrate to the Department of ‘‘(iv) In determining the level of penalties This amendment is identical to the bi- Labor that they have no U.S. workers to be assessed under subparagraph (A), the partisan bill I introduced in February highest penalties shall be reserved for willful available. Only after that are they al- called Save Our Small and Seasonal failures to meet any of the conditions of the lowed to fill seasonal vacancies with petition that involve harm to United States Business Act. It is designed to be a 2- year temporary solution to the sea- the H–2B visas. workers. The workers they bring in often par- ‘‘(v) In this paragraph, the term ‘substan- sonal worker shortage that many ticipate in the program year after year. tial failure’ means the willful failure to com- coastal States and resort States are They often work for the same compa- ply with the requirements of this section facing. that constitutes a significant deviation from I wish to acknowledge the need for nies. They do not stay in the United the terms and conditions of a petition.’’. comprehensive immigration reform, States and are prohibited by law from (b) EFFECTIVE DATE.—The amendment but right now small and seasonal busi- doing so. They return to their home made by subsection (a) shall take effect on country, to their families, and their October 1, 2005. nesses all over this Nation are in crisis U.S. employer starts all over the fol- SEC. 7005. ALLOCATION OF H–2B VISAS DURING A and need our help. These businesses FISCAL YEAR. need seasonal workers before the sum- lowing year. Section 214(g) of the Immigration and Na- mer begins so they can survive. Let me just say this: Right now in tionality Act (8 U.S.C. 1184(g)), as amended For years, they have relied on some- certain villages in Mexico, there are by section 7002, is further amended by adding thing called the H–2B visa program to many women—mothers and their adult at the end the following new paragraph: meet their needs. This is a temporary daughters, aunts—who are packing ‘‘(j) The numerical limitations of para- their bags. They are ready to come graph (1)(B) shall be allocated for a fiscal guest worker program. But this year year so that the total number of aliens who they cannot get the temporary labor back to Maryland where they have enter the United States pursuant to a visa or they need because they have been shut come before to work in Clayton Sea- other provision of nonimmigrant status out of the H–2B visa program because food or Phillips Crab House, which so under section 101(a)(15)(H)(ii)(b) during the the cap has been reached. This is a pro- many of you have enjoyed in your vis- first 6 months of such fiscal year is not more gram that lets businesses hire tem- its to the bay, or Harrison’s seafood. than 33,000.’’. porary guest workers when no Amer- Some of them have been in business 100 SEC. 7006. SUBMISSION TO CONGRESS OF INFOR- years. Some of them are major employ- MATION REGARDING H–2B NON- ican workers are available. IMMIGRANTS. This amendment modeled after the ers. A lot of college kids work their Section 416 of the American Competitive- Save Our Small and Seasonal Business way through college working at Phil- ness and Workforce Improvement Act of 1998 helps employers by doing four things: lips Seafood, but Phillips Seafood

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.010 S13PT1 S3534 CONGRESSIONAL RECORD — SENATE April 13, 2005 needs these guest workers to help these could not find local workers, they are approximately 6,000 for the sum- kids and to help the restaurant stay turned to the H–2B visa. Since then, mertime. The numbers the Senator has open. that business is open and thriving. are going to be nationwide, so this is These workers are not taking the Each year this program helps the com- very modest based upon the need. The jobs, they are helping American work- pany not only maintain its workforce, final point which the Senator has em- ers keep their jobs and American com- but 75 Americans have good paying phasized, but I think it is very impor- panies keep their doors open and, I full-time jobs in accounting and mar- tant to underline, is these are people might add, to the delight of many of keting and other areas, and it keeps 190 who have been here before, who have you here, to the delight of people who seasonal workers going and 70 farmers gone home and came back and there- enjoy our products, and to the delight who would not have a cannery to go to fore have demonstrated over the course of the people who collect the sales tax, are also able to keep their jobs. of their life that they return back Social Security, and so on from those So that is what my legislation is all home and are in conformity with both American workers. about. It is a quick and simple legisla- the immigration and labor laws that I know we need comprehensive re- tive remedy. It has strong bipartisan exist today. form, but while we are waiting for support. It is realistic. It is specific. It Ms. MIKULSKI. The Senator, again, that, I have a temporary fix. By the is immediate, achievable, and does not has made an accurate assessment. This way, working with my colleagues on exacerbate our immigration problem. bill is only applicable to employers and both sides of the aisle, we looked for Every Member of the Senate who has guest workers who have complied with regulatory relief. We consulted with heard from their constituents, whether the law. If a worker has not been here the Department of Labor and the De- they are seafood processors, before and they have not demonstrated partment of Homeland Security. Sec- landscapers, or other people in resort that they have complied with the law, retary Chao could not have been more areas, know the urgency in their voice. not returned to their home country, gracious, more cooperative, more They know the immediacy of the prob- they would not be eligible. That is why forthcoming, but when it came down to lem. Our companies feel urgency. They I say we need to help American busi- it, her legislative counsel said, you feel immediacy. They feel desperation. ness but keep control of the border. need to change the law. She could not I urge my colleagues to join me in Mr. KENNEDY. I thank the Senator change the regulations on this cap. passing this amendment and keeping for her response and urge my col- What does my amendment do? First, the doors of American companies open leagues to give strong support for her my amendment continues to protect while we also maintain control of our amendment. those American jobs. It is a short-term borders. Ms. MIKULSKI. I thank the Senator fix because it is a 2-year solution. This Mr. KENNEDY. Will the Senator from Massachusetts. Mr. KENNEDY. Mr. President, as amendment will only be in place for 2 yield for a question? many are well aware, the cap in cur- years. So it allows this comprehensive Ms. MIKULSKI. I yield to the Sen- rent law on the number of H–2B visas is reform to go forward. ator from Massachusetts. What it does is exempt returning sea- Mr. KENNEDY. I, first, commend too restrictive, and it’s imposing need- less hardships on many businesses that sonal workers from the cap. That Senator MIKULSKI, and I see the Sen- rely on seasonal workers to meet the means there are no new workers. It ator from Maine, Ms. COLLINS, and oth- heavy demands of the tourism indus- means those people who have worked ers who have been interested in this try. Once again, these small industries before and have gone back home are issue. Am I right that the earlier num- are facing a crisis this summer if the the only ones who would be eligible. In bers by and large have been taken up number of visas isn’t increased imme- other words, in the last 3 years, they primarily by winter tourism? The time diately. Senator MIKULSKI’s timely had to have worked here under the law, for application comes at the time of amendment will provide the much- come in under the law, and returned the year when great numbers are taken needed relief they deserve, and I urge home as the law requires. So it is not up for the winter tourism, which has the Senate to support it. new people. It is not an amnesty pro- happened historically, and what we are For several years in a row, the cap gram. It is an employment program for trying to do with the Senator’s amend- has created a crisis for the tourism in- them and for us. These workers receive ment is to treat the summer tourism dustry in Massachusetts and nation- a visa, and it requires their employers and the summer needs on an even play- wide. Countless small, family-run busi- to list them by name. So in all prob- ing field, as they are in my own State, nesses depend on the ability to hire ability, they will return to the same which are primarily smaller mom-and- more workers for the summer season, employer. Then, at the end of the year, pop stores and some very small hotels and they can’t possibly find enough they will do it all over again. Remem- that need that. So this basically cre- U.S. workers to fill the need. Without ber, the only people eligible are those ates a more even playing field, as I un- this amendment, many of these firms who have used the program in the derstand, between those who would be can’t survive because the seasonal past—the employer and the actual per- taken in the wintertime and those who business is the heart of their operation. son coming in. need the help in the summer, No. 1; am This fiscal year’s allocation of 66,000 I worry about fraud, too. So we have I correct? visas was exhausted just a few months an antifraud fee that ensures that Gov- Ms. MIKULSKI. The Senator from on into the year. Senator MIKULSKI will ernment agencies processing the H–2B Massachusetts has accurately assessed make about 30,000 additional visas visa will get added resources in their what has created the crisis: that given available, and it should be enacted as new sanctions. The bill creates a fair the time of application and when they soon as possible, so that these firms allocation of visas. Some summer busi- want the people to work, the winter can make their plans for the coming nesses lose out because winter employ- needs then take up practically all months. ers get all the visas. This will make the 66,000. We acknowledge our colleagues Obviously, this amendment is only system more fair. We also simplified who do need the winter help, but we temporary relief. It should be achieved the reporting requirements. need their help for the summer help. through comprehensive immigration I could give example after example of You are also correct that my legisla- reform. We all know our immigration businesses that have been impacted. tion would create a more even playing system is broken, and many other re- Clayton Seafood started over a century field between the two and, again, this forms are needed as well. The Nation ago. They work the water of the bay is a temporary legislative remedy needs a new immigration policy that supplying crab, crabmeat, and seafood. while we assess the entire situation of reflects current economic realities, re- It is the oldest working crab processing the need for comprehensive reform, spects family unity and fundamental plant in the world, and by employing 65 how we keep American jobs, how we fairness, and upholds our enduring tra- H–2B visa workers they have been able keep American companies open, and dition as a Nation of immigrants. to retain all of their full-time workers. yet retain control of our borders. Enacting these other reforms will The Friel Cannery, which began its Mr. KENNEDY. Am I correct this is a take time—time we don’t have if we business over 100 years ago, is the last rather modest increase in terms of the want to rescue countless seasonal em- corn cannery left out of 300. When they demand? In my own State, the numbers ployers around the country. Senator

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.081 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3535 MIKULSKI’s proposal provides the im- ployees to keep their businesses run- workers to make $75–$100 dollars in a 7- mediate relief needed to enable em- ning. Many in the seafood industry in hour day shucking oysters, picking ployers counting on H–2B workers to Virginia have come to my office, crabs, or packing the product. Those in keep their doors open this summer, and looked me straight in the eye, and told the seafood industry have told me that I urge my colleagues to support it. me that their businesses are not going despite this earning potential, ‘‘fre- The PRESIDING OFFICER. The Sen- to make it another year if something is quently U.S. workers will work for a ator from Virginia. not done soon. Only through passage of day or two and then never return. It is Mr. WARNER. Mr. President, I rise this amendment can this detrimental difficult to function on the uncertainty in strong support of the amendment of- cycle be interrupted and these busi- of our local work force, but we never fered by my colleague along the Chesa- nesses can be saved. give up on them.’’ peake Bay, Senator MIKULSKI. This Unfortunately, the only real opposi- In addition, the Department of Labor amendment would make minor, tem- tion to this legislation is ‘‘perception.’’ requires H–2B workers and U.S. work- porary changes to the non-immigrant, I have the utmost respect for those in ers to be paid the same wages for the seasonal visa program known as the H– this Chamber that may not fully sup- same work. Additionally, all of the 2B visa program. This program allows port this amendment. Their perception same taxes taken out of a domestic small businesses in the Commonwealth on this matter stems from good prin- worker’s salary are taken out of the of Virginia to hire temporary workers ciples. Illegal immigration has grown H–2B worker’s salary; however, the for non-agricultural jobs. to be a substantial problem in this H–2B worker by regulation are ineli- As many of my colleagues know that country, especially in the area of do- gible to receive any benefits from the for each fiscal year, which starts on mestic security, and I agree that taxes withheld from their paycheck. October 1, there has been a statutory changes must be made to make our pol- The H–2B program encourages illegal limitation on the number of admissions icy work. immigration; or, there’s nothing more to the U.S. under the H–2B visa cat- However, the temporary changes this permanent than a temporary worker, a egory since 1990. In 2004, the statutory amendment proposes does not belong in long review of the management of this cap of 66,000 H–2B visas was reached on the debate on immigration or illegal program reveals otherwise. The em- March 9. This year the H–2B cap was immigration. The H–2B program is a ployers have successfully ensured that reached much earlier on January 3. seasonal, non-immigrant worker visa the workers return to their home coun- As a result of reaching this cap for program. In fact, it may be one of the try. If they do not, employers are not the second year in a row, many busi- last programs we have to provide a able to participate in the program next nesses, mostly summer employers, legal, seasonal workforce for our small year, and neither are the workers. have been unable to obtain the tem- businesses, allowing them to fill the Most consulates in their home coun- porary workers they need because the gaps where domestic workers cannot be tries require the workers to present cap was filled prior to the day they found. themselves personally to prove that could even apply for the visas. Con- More importantly, these changes do they have returned home. sequently, these businesses have and not belong in the immigration debate Believe me, I am a strong supporter will continue to sustain significant because they deal with an economic of efforts to help those Americans who economic losses unless Congress acts. issue. Over 75 percent of net new jobs want to work get the skills they need Our amendment helps fix this prob- in this country come from small busi- to be successful in the workforce. But lem by making common-sense reforms nesses. This amendment proposes these H–2B workers are not taking jobs to our H–2B visa program that will changes to help save our small busi- from Americans, they are filling in the allow our small and seasonal compa- nesses. In many parts of the country, gaps left vacant by Americans that do nies an opportunity to remain open for for every temporary H–2B worker that not want them. Like I have said before, business. is hired, two more full-time domestic this program actually helps to sustain First, the bill would reward good workers are sustained. domestic jobs. workers and employers. Those workers There are some criticisms of this pro- The future success of the H–2B visa who have faithfully abided by the law gram which I am sure some will raise. program rests on the ability of busi- for one of the past 3 years would be ex- Let’s take a moment and examine nesses to participate in it, but right empted from the cap. This exemption some of these mis-perceptions sur- now, many will be denied access to the will help keep together workers and rounding the H–2B program. program for the second year in a row. employers who have had a successful H–2B employers do not do enough to The amendment introduced today helps track record of working together. recruit U.S. workers. They could just fix this problem by focusing on three Second, the bill would make sure pay more. Virginia employers have not main objectives to help make the H–2B that the Government agencies proc- found this to be the case. The Depart- program more effective and more fair. essing the H–2B visas have the re- ment of Homeland Security and the These seasonal businesses just can- sources they need to detect and pre- Department of Labor set stringent not find enough American workers to vent fraud. Starting on October 1, 2005, guidelines on recruitment and wages. meet their business needs. And ulti- employers participating in the pro- First, U.S. employers must prove mately, that is why this program is so gram would pay an additional fee that that they have exhausted all opportu- important. Without Americans to fill would be placed in a Fraud Prevention nities to hire U.S. workers. One H–2B these jobs, these businesses need to be and Detection account. The Depart- employer agent in Virginia, who assists able to participate in the H–2B pro- ments of State, Homeland Security, employers in this process, have told me gram. The current system is not treat- and Labor could use these funds to edu- that they have already spent in excess ing small and seasonal businesses fair- cate and train their employees to pre- of $250,000 on such ads on behalf of its ly and must be reformed if we want vent and detect fraudulent visas. 300 plus clients for the 2005 employ- these employers to stay in business. Finally, the bill would implement a ment season. This was out of over 6,000 I congratulate the distinguished Sen- visa allocation system that would be job openings for 300 plus employers in ator from Maryland for raising this fair for all employers. Half of the 66,000 30 plus States. issue. I have joined her as a cosponsor visas would be reserved for employers Even after this campaign, they only on this amendment. In my some quar- needing workers in the winter and the succeeded in locating and hiring less ter of a century that I have been privi- other half would be reserved for compa- than 50 U.S. workers who expressed an leged to be in the Senate I have nies needing workers for the summer. interest in the H–2B jobs. They were all watched in my State the loss of the This provision would allow both winter hired, but unfortunately, less than half textile industry and the furniture in- employers and summer employers an of these workers started work and even dustry. Peanuts have disappeared, to- equal chance to obtain the workers less completed the entire season. bacco has disappeared, and now the they desperately need. In regard to the seafood industry, seafood industry is disappearing. Without these modifications, these over the past 15 years, Americans have The distinguished Senator from employers will continue to struggle in slowly withdrawn from their work- Maryland and I have paralleled our ca- their efforts to find the necessary em- force. It is common for motivated reers, and my recollection is there used

VerDate Aug 04 2004 05:05 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.011 S13PT1 S3536 CONGRESSIONAL RECORD — SENATE April 13, 2005 to be about 150 oyster-picking and Virginia. These workers are reliable, hard sufficiency of Americans willing to do the crab-picking small businesses in my working, and with excellent work ethics. type of work required for these positions. State. If there is one thing about this Their main purpose is to earn money to im- Generally those who are hired quit within legislation, it is for the small person prove their lives and the lives of their fami- the first week. We have a loyal local work- lies in their country of origin. I pay them as force, but they are getting older and their operator, man and woman. I doubt if I do my other workers, not the minimum I number diminishes each year. there is now more than 40 out of the 150 was told I could, but the top of the pay scale It is critical that you understand that or more picking houses remaining in for the seafood industry. I deduct their taxes without the help of our foreign workers my State, and these folks have come to including Social Security and pay unemploy- Bevans Oyster Company will have to shut see me. They are very quiet when they ment, even though they do not claim it. down and the American workers currently come in. They do not have any high- I sincerely hope that you will continue to employed here will lose their jobs as well. paid lobbyist. They come up them- support the H2 B workers program and to I opened Bevans Oyster Company in 1966 selves. Maybe they take off their over- strengthen the program by increasing the and have owned and operated it myself ever quota. The future of the seafood industry is since. Over the years, my business has con- alls, but by and large they come right dependent entirely on this program. It is im- in the office in a very courteous way tinued to grow. When the need arose for ad- portant that our industry remains strong ditional workers and I could not find reliable and they do not beg for anything. They and healthy for the welfare of the State of help in my area, I turned to the H–2B pro- just want to have an opportunity to re- Virginia. gram to meet my seasonal labor shortfall. main in existence. Most of these small Sincerely, With the help of this program over the past operations have been handed down TOM STEVENS. eight years, my business has grown and from family to family. The other letter is from Bevans Oys- flourished and is now a vital part of the Throughout Virginia, we take great ter Company, Inc., in Kinsale, VA, a Northern Neck community. This business is pride in the Virginia crabcake. We are small community: my life. By suspending the H–2B program, the government is not only preventing me in competition with the Maryland I am Ronald Bevans, President and owner from accessing my employees, it is taking crabcake. Now, I know Marylanders of Bevans Oyster Company. My company re- my livelihood and everything I have worked lies on the Federal H2–B temporary foreign will come over and steal the Virginia so hard to build. crabmeat to put in their crabcakes. I visa program to provide the legal, reliable, seasonal labor which my company needs in The lack of seasonal workers for our fish say to my dear friends, the two Sen- season will have a domino effect on many ators from Maryland, they know that, order to stay in business. We have used this program since 1996 to obtain fish packers other people and industries. Our fish sup- but pretty soon there may not be any from March 1 to December 31. Our workers, pliers will either have to find a new market crabmeat left for the crabcakes from for the most part, return to us each year. for their bait fish or dock their fishing boats. either State to put on their menus. Some of them have been with us since we Our customers, which are located along the Likewise, the oysters have declined, started the program in 1996. entire east coast and along the Gulf from Florida to Texas, who have come to depend but that, I cannot say, is entirely due And on and on it goes. One sentence to this labor situation. It is more be- on us over the years for their bait needs, will in here stands out: suffer from the lack of product, causing their cause of the Chesapeake Bay and the Our seafood business cannot survive with- customers to suffer, and so on. problems we are having with the bal- out the H2–B workers. As you well realize, the Virginia seafood ance of nature. The oysters are dis- Mr. President, I strongly support this industry is located in rural counties and pro- appearing for a variety of reasons, but amendment, and I hope my colleagues vides many needed jobs for U.S. citizens in I will not get into that. Then a number these communities. The loss of Virginia sea- in the Senate will join with me to help of the seafood houses that provide bait food H–2B workers will lead to the loss of the these small and seasonal businesses by for fishing are dependent on these American jobs the seafood industry provides. agreeing to this amendment. workers. I go to extraordinary lengths to ensure I ask unanimous consent to have this I ask my colleagues to listen care- that my workers are legally employed and letter and other letters printed in the fully to two letters that were written that U.S. workers jobs are protected. The RECORD and yield the floor. wages I pay are above the prevailing wage to me, and then I will yield the floor. There being no objection, the mate- for this area and industry. I make sure my The first one is from Cap’n Tom’s Sea- rial was ordered to be printed in the workers are housed in decent, safe, and af- food. He states: RECORD, as follows: fordable housing. These workers have told My name is Tom Stevens, I am owner and me that the opportunity to work in the U.S. operator of Cap’n Tom’s Seafood located in BEVANS OYSTER COMPANY, INC., has improved their quality of life as well as Lancaster County in the Northern Neck of Kinsale, VA, January 6, 2005. that of their families and their home com- Virginia. Hon. JOHN W. WARNER, munities. The money earned and returned to U.S. Senate, By the way, that is one community I their home country is an important con- Washington, DC. tribution to that economy. Workers build have tried to help because those coun- DEAR SENATOR: I am Ronald Bevans, presi- ties have great pride, but they do not homes and educate their children. Without dent and owner of Bevans Oyster Company, the H–2B program, they would never realize have as strong an economy as they Inc. My company relies on the federal H–2B these dreams. temporary foreign visa program to provide once did. He continues: My company desperately needs some type the legal, reliable, seasonal labor which my I’m located less than 30 minutes from busi- of relief from this cap. I don’t know all the company needs in order to stay in business. nesses like The Tides Inn, Indian Creek answers. All I know is that we need our We have used this program since 1996 to ob- Yacht Club and Windmill Point. These busi- workers, and they need us. Please keep the tain fish packers from March 1 to December ness are large consumers of seafood. I also H–2B program operating until a comprehen- 31. Our workers, for the most part, return to have many customers in the Richmond area. sive solution to the immigration issue is us each year. Some of them have been with When I opened my plant, for years I tried reached. Thank you for your consideration of us since we started utilizing the program in to operate using local help. However, it has this request. 1996. become much harder to operate. Not only is Sincerely, the local force scarce and unreliable, but the This year we requested 110 workers. Our RONALD W. BEVANS. younger generation is not interested, in filing agent, Mid-Atlantic Solutions, tells us learning the trade. On holidays, such as that our application is still at the U.S. De- Thanksgiving and Christmas when oysters partment of Labor awaiting certification to LITTLE RIVER SEAFOOD, INC., are in demand, shuckers are nowhere to be be used for the next step of the approval Reedville, VA, March 24, 2005. found. process. Although our application was filed To: Mr. John Frierson. As you are aware, in this business, oysters as early as legally possible, it did not get to From: J. Gregory Lewis. must be shucked and crabs must be picked the Citizenship and Immigration Service Re: H–2B Program. soon after they arrive. I have tried to get (CIS) before the H–2B statutory cap of 66,000 DEAR MR. FRIERSON: Thank you for your local help by advertising in the local news- annual visas was met. Consequently, we will phone call yesterday regarding the H–2B pro- papers and through the employment agency be unable to employ our H–2B seasonal work- gram and our needs as an employer of immi- without success. I finally got help through force. grant workers. This program has enabled us the H2 B workers program. Our seafood business cannot survive with- to meet our seasonable labor needs for many Speaking for myself and several others in out the H–2B workers. years. Our seasonal jobs, (crab picking, crab the industry, we could not operate our busi- I make every effort to hire American work- packing, etc.), are manual, repetitive tasks— nesses if it weren’t for the H2 B program. I ers for these positions, and have Americans unskilled labor. can not emphasize enough how important working here wherever possible. However, Regarding our questions about payment to this program is for the seafood industry of our experience has been that there is an in- these laborers, when Little River Seafood,

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.085 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3537 Inc., hires an employee, that person, local or with the same crisis, and congressional ac- The PRESIDING OFFICER. The Sen- immigrant, completes the necessary W–4 fed- tion is required to keep those institutions ator from Maryland. eral withholding form and the State of Vir- whole. The H2–B program was created to ac- Mr. SARBANES. Mr. President, first ginia withholding form. We withhold the re- complish the work not being done in this of all, if I could just say preliminarily, quired social security tax, and federal and country because of unavailability of the do- state taxes on all employees. In addition, we mestic work force to meet the needs of our in order not to split the united front in pay the employer’s share of social security work place. support of this amendment, I am not tax and pay the federal and state unemploy- Taking away the employees we have going to get into a debate between the ment taxes. trained and become dependent upon through quality of the Virginia crabcake and Though our pickers are guaranteed a wage this program is like sabotage. This cannot the Maryland crabcake, although I of $5.25 per hour, which is the prevailing and must not happen to the many small must note it is the Maryland crabcake wage, they are paid by the ‘‘piece rate’’ per companies like Graham & Rollins affected by that has always held preeminence in pound of crabmeat. Most pickers end up the reduction of the visa cap. I trust and earning between $7 and $9+ per hour depend- hope you are in agreement and will expedite that discussion. ing upon how quickly they learn, their level congressional action to accomplish exempt- Mr. WARNER. Mr. President, I object of ability, and ultimately, their produc- ing the returning H2–B workers or raising to that statement. tivity. All pickers, immigrant or local, are the cap. Please let us know as soon as pos- Mr. SARBANES. I commend my col- paid in the same way. sible if you are supportive of this request and league from Maryland for a very inno- As our older local employees have retired, if we can help by contacting our other rep- vative and carefully reasoned response the younger locals do not seek employment resentation. to a crisis situation. This is a clear ex- in this field. Because we are stabilized by the Sincerely, ample of legislative craftsmanship that use of legally documented H–28 seasonal JOHN B. GRAHAM, Sr. workers, we are able to continue in the crab addresses the issue and does it in a way processing business, make crab purchases R&W MARINE CONSTRUCTION, INC., that does not open up a lot of unin- from our local watermen (some of whom are Cobbs Creek, VA, March 29, 2005. tended consequences or other possibili- students), and keep our local workers em- Hon. JOHN W. WARNER, ties. It does not constitute any major ployed, some on a year-round basis. Without U.S. Senate, restructuring of the immigration laws the H–2B employees, our ability to stay in Washington, DC. or anything of that sort. This is really business, keep our local workers employed, R&W Marine Construction, Inc. has been an effort in a very focused, almost and contribute to the economy would be se- operating in Virginia for 38 years as a small laser-like way, to address this specific verely jeopardized. construction business specializing in marine Regarding your questions as to recruit- construction and excavation. We engage in problem. ment of employees, Little River Seafood ad- heavy construction consisting of building The problem is the following: Under vertises each year, prior to the crabbing sea- piers, bulkheads, riprap (stone) installation the administrative set up, an employer son, in our local newspapers. Response to along shorelines and landscaping work. This cannot seek an H–2B visa until within these advertisements has been minimal. Our type of work is not easy and requires hard 120 days of when it would be used or ex- local Virginia Employment Commission is physical labor. ercised. That means that people who made aware of our employee needs, and of Over the years of operating my business, I need summer employees cannot come have continuously dealt with labor problems. course, because we are in a small, rural com- in right at the beginning of the year to munity, these needs are also spread by word- It is very difficult to hire domestic workers of-mouth. Local response is almost nil. We that are dependable, reliable and are willing seek the H–2B visas. What happened, of have employed a few students during the to do this type of work. I have hired some ex- course, this year is people in the ear- summer for miscellaneous jobs around the cellent supervisors over the years but they lier part of the year—the winter people plant, and, as mentioned, we do make crab can not work without the laborers. We have in a sense—came in, and used up all of purchases from students that are crabbers frequently advertised in the local and re- the 66,000 visas that were available so learning the business. gional newspapers and also contacted the people who have relied on this program We certainly appreciate your phone call employment agencies for job referrals. We over the years to carry out their busi- and your interest in learning more about the pay competitive rates and offer benefits to necessity of keeping the H–2B program in ef- all domestic workers. We accept employment nesses were shut out altogether. Of fect allowing countless small businesses in applications year round and only receive a course, that raises very dire prospects the United States to remain in business and very small quantity. Most of these appli- for the operation of these small busi- continue to contribute to the economy. cants will not accept a labor position or are nesses all across the country. Please let us know if we can provide you not suitable for this line of work. R&W Ma- We have underscored the crisis con- with further information. rine also recruits students for summer time fronting the seafood business in Mary- J. GREGORY LEWIS, positions. land and Virginia, but innkeepers in President. We were introduced and participated in the Maine, hotel operators in Florida, and H2B Program in 2000. It has been very suc- GRAHAM & ROLLINS, INC., cessful to the livelihood of my business and businesses all across the country con- Hampton, VA, January 12, 2005. has created the workforce needed to meet front similar problems with respect to Hon. JOHN W. WARNER, the work demand. The pay rates for the H2B being able to bring in these H–2B visa U.S. Senate, workers are specified by the U.S. Depart- workers. Washington, DC. ment of Labor. The wages are subject to all This amendment maintains all the DEAR SENATOR WARNER, I am in receipt of state and federal taxes. These workers arrive requirements that existed previously. your letter dated January 10, 2005. con- in the spring and return to their country In other words, the employers must cerning H2–B workers for Graham & Rollins, within 10 months of their arrival. They al- still demonstrate they have sought to Inc. My two sons and I appreciate your time- ways return home within this time frame. I ly action in pursuit of reconsideration of our have never had a problem with a worker not find American workers for these jobs. petition, however painful, it apparently is abiding by the immigration policies. R&W That is a current requirement. That is not to be. It is a shame that a small fourth Marine has had many of the same workers maintained in this amendment. generation family business must vanish be- return consecutively for the past 5 years and These employers, some of them, have cause our government has become so imper- are all legal workers. made extraordinary efforts to do that, sonal to communicate a simple omission of If businesses are not able to acquire the visiting college campuses, attending just two names before closing the door and number of H2B workers needed to operate job fairs, exploring every possible way rejecting our petition irrespectively of the their business, they may be forced to hire il- they can find workers. Many have gone consequence from such an act. We have ex- legal workers. This will increase the prob- amined all options to save the company con- lems for the Immigration Service of keeping well beyond what I think has been pre- cluding that we must by June or July obtain up with who will be entering the U.S. and the viously required in terms of meeting the Mexican H2–B skilled laborers we have security of our country. Also, if businesses that requirement. But, they have not trained over the years. As a final act towards are forced to shut down or minimize their been able to find the workers. They this object, we ask if you would consider services they provide to the public, there need these H–2B workers. sponsoring a bill similar in nature to the one may be a significant reduction in our Amer- What my colleague, Senator MIKUL- you introduced last year exempting return- ican domestic workforce. SKI, has done—I think in a very meas- ing H2–B visa holders (beneficiaries/workers) I thank you for your time and consider- ured way—is, if you previously brought from the annual FY 66,000 H2–B program cap, ation in this matter. Please continue to gain or raising the cap to accommodate the needs support for the H.R. 793, the H2B cap fix bill. in an H–2B worker and that worker has of entitled businesses that have been left Sincerely yours, then gone back at the end of the lim- out. We have reason to believe there are RICHARD E. CALLIS, ited time during which they were per- many small businesses such as our own faced President/Owner. mitted to come into the country to do

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.031 S13PT1 S3538 CONGRESSIONAL RECORD — SENATE April 13, 2005 the job, you can, despite the fact we I again commend my colleague for and on and on. In other words, it has have now bumped up against the ceil- very carefully working out an amend- some safety checks in it, but it rewards ing, bring that worker or workers that ment. I know how much he has con- those who play by the rules—and most helped you meet your employment sit- sulted with people in the administra- do. They come, they work, they go uation back in. No new worker would tion and colleagues here in the Senate. home. come into the country under this pro- I very much hope this body will adopt That is not only ideal for our coun- vision who had not been here before as this amendment. try, it is ideal for these foreign nation- part of this H–2B program. So, in ef- I yield the floor. als who can benefit themselves and fect, you are saying to someone: Look, The PRESIDING OFFICER. The Sen- their families by coming here to work you have come for the last 2 or 3 years ator from Idaho. for a salary that is, of course, better as part of this program, so it is going Mr. CRAIG. Mr. President, I will be than the salary they can earn in their to be available to you to come again. brief, but at the same time I think own home country and working in con- And you say to the employer seeking what we have all said is very important ditions that meet all of the standards to bring them, you can bring back that to this issue. The H–2B class of workers of our labor laws in this country. That workforce in order to meet your work is a critical component to not just the is fundamentally what is so important. situation. seafood industry of our coasts but to My conclusion is simply this: This In that sense, it is not an expansion the resort industry of our country. For amendment provides a fair and bal- of the general availability of the pro- any of you who have ever skied in the anced allocation system for H–2B visas. gram. You are not broadening who can West and met this nice young lady or Currently, many summer employees partake of it. You must have pre- man who speaks with a Norwegian lose out as winter employers tend to be viously participated in the program in brogue and they are helping you up and the first in line for the B’s. That was order to be able to come in again. I down the ski lift, my guess is they are already expressed, both by the Senator think that is a very innovative way to class 2B. If you have met a young man from Massachusetts and by others who address the situation. It will enable or woman waiting on tables at a resort, have spoken on this issue. these small businesses to function. possibly in Sun Valley, ID, they are a I strongly support the amendment. It It is important to recognize that it is class 2B. The reason they are there is is the right time. It needs to be done. not the functioning of the particular because they come, they build a stable We simply cannot wait. This is an issue business involved, but it is the func- presence, they are there for the period that is very time sensitive. We can’t tioning of other businesses, dependent of time our resort hospitality indus- wait until October to hire folks who upon the particular business that needs tries need them, and it is most impor- are needed the first of May. these workers, that will be affected tant that we have them. I hope that we move it quickly most. If you cannot do the processing Both Senators from Maryland have through the Congress and get it to the of the seafood, then the people down already talked about the dynamics of President’s desk. the line who depend on getting that first that employer must seek domestic Mr. SARBANES. Mr. President, will seafood in order to do their business workers, U.S. citizens, and when that the Senator yield? are going to be adversely affected as labor supply is exhausted they must Mr. CRAIG. I yield briefly, yes. well. So there is a ripple effect that seek elsewhere because they simply Mr. SARBANES. The Senator made goes out through the economy which need that workforce. They come, they the point that this addresses those raises the threat of having a substan- stay, they go home. It is a program workers who have played by the rules. tial economic impact, at least in some that works well. In other words, they have come, they areas of the country. I am going to be on the floor later de- I also want to underscore the amend- have worked, and gone back. They have bating another program that doesn’t ment, as I understand it—and my col- met all of the requirements. Of course, work well: H–2A. The reason it league can correct me if this is not so— they pay taxes while they are here. We maintains all of the existing penalties doesn’t—and it used to years ago in the know they are here. They are followed that would apply to an employer who 1950s; identified the worker and the and documented. might misrepresent any statement on work necessary and the employer. We But I want to add a dimension: It their H–2B petition. In other words, had nearly 500,000 in those days of H– also addresses the employers who have employers would still be held respon- 2A, known only then as the Bracero played by the rules by seeking to get sible in terms of how they conducted Program. It was out of the great wis- their workers through the system le- their effort. As I mentioned earlier, dom of the Congress, and it has not gally. they are required to go through all of worked since. This one works. Mr. President, I will read from the the necessary measures to ensure they But what the Senator from Maryland article in the Baltimore Sun: have not been able to find available, is doing is bumping up the cap a little Despite their frustration, the owners say qualified U.S. citizens to fill these jobs bit. Why? Because we have a growing they will not turn to an obvious alternative before they file an H–2B visa applica- economy, and we have a growing need. work force. ‘‘I am not going to hire illegals,’’ It isn’t a static workforce; it is a dy- said one of the owners. ‘‘It is against the tion. law.’’ This amendment is limited in time. namic workforce—whether it is the It is limited in scope, but it would ad- seafood industry, whether it is the hos- He made the point that they have dress the current crisis situation. It pitality industry, or whether it is a done everything legally. This H–2B pro- might not totally address it, but we are stone quarry mining semiprecious gram is a win-win situation. The work- confident it would do so sufficiently to stones in the State of Idaho to be pol- ers pay taxes, the Government knows enable most, if not all, of these busi- ished and placed in the countertops of who they are, and they get checked at nesses to carry out their functions. high-end kitchens of new homes across the border. So you have employers who I think it does not raise larger ques- America. That is the diversity of this want to play by the rules and employ- tions and, therefore, because it has particular workforce. ees who have played by the rules. This been very carefully developed, I think She has identified it. She has recog- amendment focuses on them and gives it constitutes an appropriate response nized it. It is a cap of 65,000. The cap them a solution to a very pressing to the situation we are now con- for 2005 was reached on the first day of problem. fronting. I urge my colleagues to sup- the fiscal year. That not only speaks to Mr. CRAIG. I thank the Senator from port this amendment. It does the job. the need but it speaks to the reality of Maryland for bringing that up. What he It does it in a very direct and focused the problem. demonstrates by that statement is a way, and it will enable us to work The amendment is very specific. This system that works. But he also dem- through these problems while we await amendment would temporarily exempt onstrates that the other Senator from general revisions of the immigration returning workers who have good Maryland has recognized that when laws. records and play by the rules from the pressures build and limits are met, you This doesn’t open up that particular H–2A cap, protect against fraud for H– turn the valve a little bit and let the path which I know would concern some 2B, protect against fraud in the H–2B pressure off and let the legal system Members of this body. program by adding a $150 antifraud fee, work, quite often in H–2A.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.087 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3539 Last year, 45,000 people were identi- for American businesses, and lost tax I ask unanimous consent to add Sen- fied. But 1.6 million are in the work- revenues for our States. ator DEWINE of Ohio as a cosponsor. force. We had a system in H–2A that These losses will be significant. We The PRESIDING OFFICER. Without worked like this, and we were sensitive must help them be avoided. That is objection, it is so ordered. and constantly working to adjust it. why I have worked with my colleagues Ms. MIKULSKI. Mr. President, I hope And we wouldn’t have an illegal, un- in introducing the legislation upon the distinguished chairman of the Com- documented problem that we will de- which this amendment is based. It is mittee on Appropriations would take bate later tomorrow or next week. This the Save Our Small and Seasonal Busi- my amendment or, at the very least, is a system that works, but it also is nesses Act of 2005. It would offer relief have an amendment tonight. There one that we have been sensitive to and to these businesses by excluding from needs to be a discussion on how we pro- have been willing to adjust the cap so the cap returning foreign workers who ceed. everybody can effectively play by the were counted against the cap within I note there seems to be no one here. rules and meet the employment needs the past 3 years and to address the re- I could speak on this bill, I have such they have. gional inequities in the system. It passion, such fervor about the need for I yield the floor. would limit the number of H–2B visas it that I could speak for an extended The PRESIDING OFFICER. The Sen- that could be issued in the first 6 period of time, but I suggest the ab- ator from Maine. months of the fiscal year to half of the sence of a quorum. Ms. COLLINS. Mr. President, let me total number available under the cap. The PRESIDING OFFICER. The begin my remarks by commending the By allocating visas equally between clerk will call the roll. Senator from Maryland for her work on each half of the year, employers across The bill clerk proceeded to call the this very important issue. She and I, the country operating both in the win- roll. along with Senator GREGG of New ter and the summer seasons will have a Mr. INHOFE. Mr. President, I ask Hampshire, Senator KENNEDY from fair and equal opportunity to hire unanimous consent that the order for Massachusetts, and many of our col- these much-needed workers. the quorum call be rescinded. leagues, have joined forces in a bipar- Let me emphasize what, perhaps, is The PRESIDING OFFICER. Without tisan way to address an issue that af- the most important point in this de- objection, it is so ordered. fects the small businesses in our bate. That is, employers are not per- Mr. INHOFE. Mr. President. States. mitted to hire these foreign workers The PRESIDING OFFICER. Under Many American businesses—particu- unless they can prove they have tried the previous order, the Senator from larly those in the hospitality, forest but have been unable to locate avail- California is to be recognized following products, and fishery industries—rely able American workers through adver- the last debate. on seasonal employees to supplement tising and other means. Mr. INHOFE. I see. their local workers during the peak As a safeguard, current regulations Ms. MIKULSKI. Mr. President, my season. That is certainly true in my require the U.S. Department of Labor amendment is pending. home State of Maine. We have many to certify that such efforts have oc- The PRESIDING OFFICER. That is seasonal restaurants and hotels that curred. In Maine, as in other States, correct. need to greatly expand their our State Department of Labor takes Ms. MIKULSKI. My amendment is workforces during the summer and fall the lead in ensuring that employers pending and I recognize the Senator have taken sufficient steps—including months. Many of them, after fruitless from Oklahoma wishes to speak. The advertising—to try to find local work- efforts to hire American workers, have Senator from California has an amend- ers to fill these positions. Indeed, that found that it has worked very well for ment. is the preference of my Maine employ- them to hire in the past foreign work- Mr. INHOFE. Will the Senator yield? ers. They would much rather be able to ers under the H–2B visa program. But Ms. MIKULSKI. Yes. hire local workers. Indeed, they do hire this year all 66,000 available H–2B visas Mr. INHOFE. I was going to make a local workers, but there simply are not were used up within the first few unanimous consent request to have a enough local people to fill these sea- months of the fiscal year—in fact, in very short statement concerning S. 359. sonal jobs that peak during the sum- early January. The Department of I recognize your amendment is pend- mer and the fall. Homeland Security announced that it Comprehensive, long-term solutions ing, but I would do that through unani- would stop accepting applications for are necessary for this and many other mous consent. This is the Agriculture H–2B visas. This creates a particular immigration issues. But we have an Job Opportunity Benefits and Security inequity for States such as mine that immediate need. The summer season is Act. have a later tourism season. By the fast approaching. Tourism is critical to Ms. MIKULSKI. If the Senator wishes time Maine restaurant owners, hotel the economy of Maine. But if the tour- to speak on another matter, perhaps as owners, and other tourism-related ism businesses are not able to hire a if in morning business, I have no objec- small businesses can apply for these sufficient number of workers to oper- tion to that. workers, there are no more visas. ate their businesses, the economy will The PRESIDING OFFICER. The Sen- My colleagues from Maryland and suffer and American jobs will be lost. It ator from California. Idaho have raised very important is exactly as the Senator from Mary- Mrs. FEINSTEIN. If I might, how points. These are workers who often re- land so eloquently explained in her long will this be? turn year after year to the same famil- statement. Mr. INHOFE. I respond to the Sen- iar family business in Maine. When We need to make sure we act now to ator from California, I could do any- their work is done, they leave and re- avoid a real crisis for these seasonal where between 2 minutes and an hour. turn home to their home countries. businesses this summer and fall. Your choice. They play by the rules. The businesses I salute the Senator from Maryland Mrs. FEINSTEIN. I would object play by the rules. They are not hiring for her work on this. I hope my col- since I have been waiting. people who are here illegally. They are leagues will join in supporting this Mr. INHOFE. I can make it very hiring people through this special pro- amendment. This vehicle may not be short. gram. the very best for this proposal, but we Mrs. FEINSTEIN. Two minutes. Without these visas, employers are do need to act. Time is running out. Mr. INHOFE. Three minutes. simply going to be unable to hire a suf- The PRESIDING OFFICER. The Sen- Ms. MIKULSKI. Perhaps I could clar- ficient number of workers to keep their ator from Maryland. ify this, Mr. President. The reason I businesses running during the peak Ms. MIKULSKI. Mr. President, I asked for a quorum call, reclaiming my season. Many of these businesses fear thank the Senator from Maine for her right to the floor, is so the distin- this year they will have to decrease remarks, along with her and her col- guished chairman of the Appropria- their hours of operation during what is league from Maine for their advocacy tions Committee and I could discuss their busiest and most profitable time on behalf of Maine workers. We know how we were going to proceed for the of year. This would translate into lost Maine has been hard hit with many rest of the evening. Therefore, the Sen- jobs for American workers, lost income issues. ator from California would know how

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.089 S13PT1 S3540 CONGRESSIONAL RECORD — SENATE April 13, 2005 to exercise her right as the next in The PRESIDING OFFICER. Is there heard by the Senate Judiciary Com- line. objection? mittee. And, once again, a very con- So if the Senator from California Ms. MIKULSKI. Reserving my right troversial bill will be considered in could be patient for a minute to get to object, may I ask what the Senator conference on this bill. It was put in clarification, he could be a time-filler. would like to do? the House bill in a preemptive way. It Would that be a good way to do it? Mrs. FEINSTEIN. What I would like is there, and we have to deal with it. Mr. INHOFE. That would be fine. to do is put forward an amendment. I I want everyone to know this bill is Ms. MIKULSKI. It is a klutzy way of gather there will be no more votes to- talking about it, but it is, nevertheless, major in scope in what it does to night. change immigration hearings and where we are. Ms. MIKULSKI. Well, that is what we much to do with immigration. It very The PRESIDING OFFICER. The Sen- are trying to determine. That is what I much tightens the standards for asy- ator from Oklahoma is recognized. am trying to determine. I would like to lum and withholding of removal. It Mr. INHOFE. Mr. President, I will have a quorum call. would give judges broad discretion to make this very quick. And I appreciate The PRESIDING OFFICER. The Sen- deny asylum claims based on the credi- this very much from the Senators from ator from California has the floor. Maryland and California. The Senator from California. bility of the applicant. And possibly Mr. President, I just want to get on Mrs. FEINSTEIN. Yes, that is fine. I one reason alone could mean a negative the record. will not take long. I will just put the credibility finding. Last summer, I had an intern in my amendment in. I will not ask for a vote It changes the statutory requirement office from Rwanda. I have been active tonight. that an applicant must demonstrate to in Rwanda in kind of a mission thing Ms. MIKULSKI. I have no objection. be granted asylum, making it much for quite some time. She came to this Mrs. FEINSTEIN. I thank the Sen- more difficult, and it eliminates judi- country 10 years ago after the genocide ator very much. cial review by barring a court from re- that was taking place. She went The PRESIDING OFFICER. Without versing the decision of the judge or through all the problems in becoming a objection, it is so ordered. The pending other adjudicator about the avail- legal resident. And, of course, she is amendment is set aside. ability of corroborating evidence. going to actually become a citizen. Mrs. FEINSTEIN. Mr. President, I It would give the Secretary of the I have been privileged for a number want the Senator to know it is my in- of years to be chosen to speak at the Department of Homeland Security the tention to vote for her amendment. I ability to unilaterally waive all laws to various naturalization ceremonies in obviously did not want it on this bill, Oklahoma. These people go through all construct the border fence, including but since it is, it is my intention to of the procedures. I daresay that most possibly wage and hour laws, criminal vote for it. of those who go through the natu- laws, labor laws, civil rights, and so on. AMENDMENT NO. 395 ralization process become better citi- Now, the problem with this section— (Purpose: To express the sense of the Senate zens than some who are born here. I happen to be for finishing this 3-mile Certainly, they know more about the that text of the REAL ID Act of 2005 should not be included in the conference stretch of California border with a bor- history of this country. That is one of report) der fence—is the wording in this is so the reasons I have opposed, histori- Mrs. FEINSTEIN. Mr. President, I broad that it appears to provide waiver cally, any type of an amnesty program. send an amendment to the desk and authority over laws that might impede Now, the one that is before us by my ask that the amendment be read. the expeditious construction of bar- very good friend from Idaho has four The PRESIDING OFFICER. The riers and roads not just to finish the steps of amnesty in AgJOBS. The first clerk will report. fence in Southern California but any- one is a temporary resident status, so The assistant legislative clerk read where in the United States. And it that this jobs bill states that upon ap- as follows: would allow for no review or appeal of plication to DHS, the immigration sta- The Senator from California [Mrs. FEIN- the decisions of the Secretary of Home- tus of an illegal immigrant shall—not STEIN], for herself, Mr. BROWNBACK, Mr. land Security relating to this. ‘‘will,’’ not ‘‘may be,’’ but ‘‘shall’’—be LIEBERMAN, Mr. ALEXANDER, Mr. LEAHY, Mrs. In terms of judicial review of orders adjusted to lawful temporary resident CLINTON, and Mrs. BOXER, proposes an status as long as the immigrant amendment numbered 395: of removal, it would limit, if not elimi- worked in an agricultural job for at At the appropriate place, insert the fol- nate, stays of removal while cases are least 575 hours or 100 workdays, which- lowing: pending. Most importantly, it would ever is less. SEC. ll. SENSE OF THE SENATE. eliminate, for the first time in our Na- The next step is to take that same It is the sense of the Senate that— tion’s history, any habeas corpus re- person and give them permanent resi- (1) the Senate conferees should not agree view of removal orders for both crimi- dent status. The third step would be to to the inclusion of language from division B nal and noncriminal immigrants. This of the Act (as passed by the House of Rep- make an adjustment not only for those is a major change. It would limit the resentatives on March 16, 2005) in the con- ability of the courts of appeal to review individuals coming in but also for the ference report; spouses and the minor children. So we (2) the language referred to in paragraph mixed questions of law, even in cases of are talking about opening that gate for (1) is contained in H.R. 418, which was— longtime, lawful permanent residents, many more people. (A) passed by the House of Representatives if virtually any crime led to the depor- Fourthly, the reentry. Now, this on February 10, 2005; and tation. means if somebody left the country (B) referred to the Committee on the Judi- Further, the restrictions on review- under any circumstances, they would ciary of the Senate on February 17, 2005; and ing mixed questions of law would apply (3) the Committee on the Judiciary is the be allowed to come back and go to asylum and claims under the Con- through this process. appropriate committee to address this mat- ter. vention Against Torture. Now, here is a On top of that, another thing I do not section that causes great concern. I be- like about the legislation is it does Mrs. FEINSTEIN. I thank the clerk. This amendment is cosponsored by lieve it does to Republicans as well as have a taxpayer-funded legal services Democrats. provision in it. Senators BROWNBACK, LIEBERMAN, AL- So I just want to get on record and EXANDER, LEAHY, CLINTON, and BOXER. The REAL ID Act appears to essen- say this is something I do not think is As the clerk has read, it is a sense-of- tially create bounty hunters. Let me in the best interests of this country. the-Senate amendment. It relates di- tell you how it does that. It increases Mr. President, I do thank the Sen- rectly to the REAL ID Act. It is the the authority of bail bondsmen to ar- ator from California and yield the sense-of-the-Senate amendment that rest and detain anyone they believe is floor. attempts to bind the Senate conferees illegal, including a financial incentive The PRESIDING OFFICER. The Sen- to oppose the REAL ID Act in the con- by leaving it up to a bondsman’s opin- ator from California. ference on this bill. I would like to ion that an alien poses a flight risk Mrs. FEINSTEIN. Mr. President, I take a minute to explain why. which necessitates them being turned ask unanimous consent that the pend- First of all, this was presented to the over to the Department of Homeland ing amendment be set aside. Senate in February. It has not yet been Security. If that is the case, the alien

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.092 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3541 forfeits his or her bond premium under It also has differences between the Ms. MIKULSKI. As I understand the very broad circumstances. Illegal intelligence reform bill and the REAL regular order, the H–2B amendment I aliens turned over to the Department ID Act on the issue of driver’s licenses have offered is pending. I note that of Homeland Security must be de- and personal identification documents. there are other speakers on the other tained. The intelligence bill gives States 2 side of the aisle but on the same side of Now, this is at a time when immigra- years to comply with minimum stand- the issue who wish to speak. I note the tion officials have not proven they can ards. The REAL ID Act gives States 3 Senator from Wyoming is here and he detain all of the aliens they apprehend years in order for these documents to wishes to speak. I want to continue the today. be accepted by a Federal agency for of- debate on this amendment. What this does is, it says to the bail ficial purposes. The PRESIDING OFFICER. The Sen- bondsman, if you think someone is ille- Secondly, the intelligence reform bill ator’s amendment is the regular order. gal, you can go after them. You can requires that the Secretary of Home- The Senator from Wyoming. maintain custody over them and you land Security and the Secretary of turn them in, and they have to be de- Mr. THOMAS. Mr. President, I thank Transportation work together to estab- the Senator from Maryland. I will tained. This is on a bail bondsman’s lish minimum standards for driver’s li- opinion of illegality. It also would pro- briefly tell of my interest and support censes and personal identification doc- for this idea. I am very pleased to be a vide bail bondsmen with unfettered ac- uments. The REAL ID Act imposes on cosponsor. This is an issue we have cess to information on illegal aliens States what must be done. struggled over the last couple of years. and to influence Government processes I don’t think we should do this. We with noncitizens subject to bonding. I passed an intelligence reform bill. We Certainly it is not the overall remedy don’t know that we should be giving dealt with some standards in that bill. to our whole struggle on immigration. bail bondsmen this authority without Here, without a hearing, without any However, this is something we do need any hearing in the Senate or any con- committee consideration, this bill is to do now that will last in the mean- sequential discussion in the House on put, by the House of Representatives, time while we work on the other. this point. on to this supplemental and is in con- Each of us who has spoken has a lit- It sets minimum bonds for aliens in ference. tle different role to play in our home removal proceedings at $10,000, and it I don’t think we should do this. The States with regard to this issue. In Wy- prohibits the Department of Homeland sponsors agree with me. So we have oming, it is primarily the summer sea- Security from releasing anyone on proposed a sense of the Senate that son, travel and vacations, Jackson their own recognizance who is in re- would seek to bind conferees to elimi- Hole, WY, and other places where this moval proceedings. We don’t even know nate the REAL ID Act from this bill. has been a very important part of pro- if we can hold everybody. This par- That doesn’t mean it is eliminated for viding services there. Last year, of ticular section, actually more than any all time. I also believe the Judiciary course, we were caught up in the 66,000- other, causes me enormous concern, Committee should promptly hear the worker limitation, and it was kind of and obviously the cosponsors of this bill. We should consider amendments. unfortunate for us because, as I said, it sense of the Senate. We should be able to compare it in this was the summer season, and therefore, It does a number of other things. It house with the intelligence reform bill the applications didn’t get in as quick- holds spouses and children of an alien just passed and, therefore, make a deci- ly as they did in some other places accountable for an alien’s involvement sion. This is what the Senate is set up where their seasons started earlier. By in a terrorist organization or activity, for. We are meant to be a deliberative the time our folks applied, there were even if they didn’t know about it. I body. We are meant to consider major no vacancies. don’t know that we should do that and controversial pieces of legislation I am for an overhaul of immigration. without understanding what we are and, if necessary, slow them down. This When we have the needs and we want doing. is added unilaterally on this supple- people to be able to legally come to With respect to driver’s licenses, it mental bill with no consideration by this country, whether it is for a short creates a large unfunded mandate on this house whatsoever. It is going to while, whether it is for a longer while, the States. The CBO did a cost esti- resolve itself with a very few Members come legally, I am one who thinks ille- mate of the costs associated with im- of this body dealing with an enor- gal is illegal and we shouldn’t have it plementing the driver’s license provi- mously complicated, controversial bill that way. sions and estimated that DHS would that conflicts with other legislation We have to look at the demands and spend $20 million over the 5-year period passed by this body. We don’t do our then find a relatively simple way to to reimburse States for the cost of work if we let this happen. work through it; otherwise, people tend complying with the legislation. But in We have proposed this sense of the to try to ignore it and go around, so addition, it would require States that Senate, and I am hopeful there will be that doesn’t work. participate in the driver’s license enough votes in this body so that the These small businesses are in need of agreement, which is an interstate data- conferees on the Senate side will sim- base, to share driver information at a some relief. They cannot find workers ply not accept business being done this to do these jobs. The Labor Depart- cost of $80 million over 3 years, to re- way. Who would have thought a major imburse States for the cost to establish ment certifies there is indeed a labor piece of immigration legislation would shortage in this case and they look to and maintain the database. The grand be placed, without hearing, on this total is $100 million over 3 to 5 years. willing workers. emergency supplemental which deals The Mikulski amendment is quite The just-passed intelligence reform with the war in Iraq and critical emer- law sets up a process whereby States, simple, as has been explained. It gency matters? It is a big mistake. doesn’t count workers to the cap of the Federal Government, and inter- I ask for the yeas and nays, and I un- 66,000 who have participated in the H– ested parties will make recommenda- derstand the vote will not be tonight, 2B program during the past 3 years. It tions for establishing minimum Fed- but this will be put in the order. separates the allocation to two 6- eral standards for driver’s licenses and The PRESIDING OFFICER. Is there a month batches 2-year temporary relief. personal identification documents. The sufficient second? REAL ID Act essentially countermands There appears to be. It collects new fees for fraud preven- the rights of States in this process. The yeas and nays were ordered. tion and detection so folks who process Both the current law, pursuant to the Mrs. FEINSTEIN. I thank the Chair the applications have the skills and intelligence reform bill, and the REAL and yield the floor. tools to identify fraud. We need to ID Act require that States set certain AMENDMENT NO. 387 make these changes. minimum document requirements as The PRESIDING OFFICER. The Sen- I understand the difficulty with the well as minimum issuance standards. ator from Maryland. bill that is on the floor. I think the res- The difference is that the REAL ID Act Ms. MIKULSKI. Mr. President, I call olution is coming clear so we can deal eliminates the stakeholder process and for the regular order. with some of these issues and leave the proscribes a very complicated and bur- The PRESIDING OFFICER. The Sen- larger, longer term solutions to an- densome set of requirements on States. ator is recognized. other time.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.094 S13PT1 S3542 CONGRESSIONAL RECORD — SENATE April 13, 2005 Mr. President, I thank the Senator The PRESIDING OFFICER. Without The assistant legislative clerk read from Maryland and I look forward to a objection, the amendment is agreed to. as follows: very positive vote on this issue. The amendment (No. 401) was agreed The Senator from Mississippi [Mr. COCH- The PRESIDING OFFICER. The Sen- to. RAN], for Mr. LEAHY, proposes an amendment ator from Maryland is recognized. AMENDMENT NO. 402 numbered 404. Ms. MIKULSKI. Mr. President, I Mr. COCHRAN. Mr. President, the Mr. COCHRAN. Mr. President, I ask thank the Senator from Wyoming for next amendment is on behalf of Sen- unanimous consent that reading of the his comments in articulating the eco- ators MCCONNELL, LEAHY, and OBAMA amendment be dispensed with. nomic issues facing Wyoming. I have that addresses the Avian flu virus in The PRESIDING OFFICER. Without had the occasion to visit there myself Asia, which I send to the desk. objection, it is so ordered. and I know what a wonderful State it The PRESIDING OFFICER. The The amendment is as follows: is. I am not much of a skier; I am built clerk will report. (Purpose: To modify language in the bill re- a little too close to the ground for The assistant legislative clerk read lating to environmental recovery activi- that. But this shows this is not only a as follows: ties in tsunami affected countries) coastal State issue, and it also shows it The Senator from Mississippi [Mr. COCH- On page 194, line 7, delete ‘‘Aceh’’ and ev- is not only a seafood processing issue; RAN], for Mr. MCCONNELL, for himself, Mr. erything thereafter through ‘‘Service’’ on this is an issue that affects our entire LEAHY, and Mr. OBAMA, proposes an amend- line 9, and insert in lieu thereof: ‘‘tsunami country, particularly those who depend ment numbered 402. affected countries’’. upon summer seasonal workers. We un- Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without derstand some of our States enjoy— unanimous consent that reading of the objection, the amendment is agreed to. whether it is Massachusetts, Wyoming, amendment be dispensed with. The amendment (No. 404) was agreed or Idaho—both summer and winter. Ei- The PRESIDING OFFICER. Without to. ther way, the Senator knows that we objection, it is so ordered. AMENDMENT NO. 405 depend on summer workers. We thank The amendment is as follows: Mr. COCHRAN. Mr. President, I send him and the Senator from Idaho who (Purpose: To address the avian influenza an amendment to the desk on behalf of spoke, as well as others. virus in Asia) Mr. LEAHY requiring a 5-day notifica- Mr. President, I note that the hour is On page 192, line 19, after ‘‘March 2005,’’ in- tion to the committees on appropria- late and now that the Senator from sert ‘‘and the avian influenza virus,’’. tions for tsunami funds. Wyoming has spoken, I am not sure if The PRESIDING OFFICER. Without The PRESIDING OFFICER. The there are other people who wish to objection, the amendment is agreed to. clerk will report. speak. The amendment (No. 402) was agreed The assistant legislative clerk read I ask unanimous consent that Sen- to. as follows: ator SNOWE of Maine be added as a co- AMENDMENT NO. 403 The Senator from Mississippi [Mr. COCH- sponsor. RAN EAHY Mr. COCHRAN. Mr. President, I now ], for Mr. L , proposes an amendment The PRESIDING OFFICER. Without numbered 405. send to the desk an amendment on be- objection, it is so ordered. Mr. COCHRAN. Mr. President, I ask half of Mr. LUGAR and Mr. BIDEN. It Ms. MIKULSKI. Mr. President, I unanimous consent that reading of the want to get a vote on my amendment, deals with an increase in funding for the Department of State’s Office of the amendment be dispensed with. but it is not possible tonight. There- The PRESIDING OFFICER. Without Coordinator for Reconstruction and fore, I ask for the yeas and nays. objection, it is so ordered. Stabilization with an offset. The PRESIDING OFFICER. Is there a The amendment reads as follows: sufficient second? The PRESIDING OFFICER. The clerk will report. (Purpose: To require five day prior notifica- There is a sufficient second. tion to the Committees on Appropriations The yeas and nays were ordered. The assistant legislative clerk read for tsunami recovery and reconstruction Mr. COCHRAN. Mr. President, I sug- as follows: funds) gest the absence of a quorum. The Senator from Mississippi [Mr. COCH- On page 194, line 19, after colon insert the The PRESIDING OFFICER. The RAN], for himself, Mr. LUGAR, and Mr. BIDEN, following: clerk will call the roll. proposes an amendment numbered 403. Provided further, That funds appropriated The assistant legislative clerk pro- Mr. COCHRAN. Mr. President, I ask under this heading shall be subject to the ceeded to call the roll. unanimous consent that reading of the regular notification procedures of the Com- Mr. COCHRAN. Mr. President, I ask amendment be dispensed with. mittees on Appropriations, except that such unanimous consent that the order for The PRESIDING OFFICER. Without notifications shall be submitted no less than the quorum call be dispensed with. objection, it is so ordered. five days prior to the obligation of funds: The PRESIDING OFFICER (Mr. The amendment is as follows: The PRESIDING OFFICER. Without DEMINT). Without objection, it is so or- (Purpose: To provide additional amounts for objection, the amendment is agreed to. dered. diplomatic and consular programs and re- The amendment (No. 405) was agreed Mr. COCHRAN. Mr. President, I have duce the amount available for the Global to. requests to make on behalf of man- War on Terror Partners Fund) Mr. COCHRAN. Mr. President, I agers of the bill with respect to amend- On page 171, line 13, strike ‘‘$757,700,000’’ thank the Senators. ments that have been cleared on both and insert ‘‘$767,200,000’’. The PRESIDING OFFICER. The Sen- sides of the aisle. On page 171, line 21, after ‘‘education:’’ in- ator from Indiana. AMENDMENT NO. 401 sert the following ‘‘Provided further, That of Mr. BAYH. Mr. President, I ask unan- I send an amendment to the desk on the funds appropriated under this heading, imous consent to lay aside the pending $17,200,000 should be made available for the behalf of Senator MCCONNELL. amendment. The PRESIDING OFFICER. The Office of the Coordinator for Reconstruction The PRESIDING OFFICER. Without and Stabilization:’’. clerk will report. On page 179, line 24, strike ‘‘$40,000,000’’ and objection, it is so ordered. The assistant legislative clerk read insert ‘‘$30,500,000’’. AMENDMENT NO. 406 as follows: The PRESIDING OFFICER. Without (Purpose: To protect the financial condition The Senator from Mississippi [Mr. COCH- objection, the amendment is agreed to. of members of the reserve components of RAN], for Mr. MCCONNELL, proposes an The amendment (No. 403) was agreed the Armed Forces who are ordered to long- amendment numbered 401. term active duty in support of a contin- to. Mr. COCHRAN. Mr. President, I ask gency operation) unanimous consent that reading of the AMENDMENT NO. 404 Mr. BAYH. Mr. President, I send an amendment be dispensed with. Mr. COCHRAN. Mr. President, I now amendment to the desk. The PRESIDING OFFICER. Without send an amendment to the desk on be- The PRESIDING OFFICER. The objection, it is so ordered. half of Mr. LEAHY regarding environ- clerk will report. The amendment is as follows: mental recovery activities in tsunami- The assistant clerk read as follows: On page 193, line 23 of the bill, strike affected countries. The Senator from Indiana [Mr. BAYH], for ‘‘$500,000’’ and insert in lieu thereof: The PRESIDING OFFICER. The himself, Mr. CORZINE, and Mr. PRYOR, pro- ‘‘$1,000,000’’. clerk will report. poses an amendment numbered 406.

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.097 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3543 Mr. BAYH. Mr. President, I ask unan- before, they are on the cusp of becom- vital component of our Nation’s secu- imous consent that reading of the ing, according to their commander, a rity. It is important and essential that amendment be dispensed with. broken force. We must not let that we fulfill our moral obligation to those The PRESIDING OFFICER. Without happen. Of the 78 percent of these indi- we have called to duty so that they can objection, it is so ordered. viduals who are considering not re- do right by their loved ones, just as we (The amendment is printed in today’s enlisting in the Guard and Reserve, are asking them to do right by their RECORD under ‘‘Text of Amendments.’’) fully 75 percent, three-quarters, cite company. Mr. BAYH. Mr. President, I rise to the loss in income as a material factor I respectfully ask for my colleagues’ support a cause which is essential to in their decision to not reenlist. support of this urgent and worthwhile the continued prosecution of our war Many laudable firms in my State initiative. on terrorism. It is essential to pre- and, I am sure, in the State of Mis- I yield the floor and suggest the ab- serving our National Guard and Re- sissippi, the State of South Carolina, sence of a quorum. serve as a vital force in defending our and elsewhere, are doing their part. The PRESIDING OFFICER. The country, and it is essential to defend- About one-third of employers are seek- clerk will call the roll. The assistant bill clerk proceeded to ing our moral obligation to those who ing to make up this penalty, the pa- defend our Nation. call the roll. triot penalty, on their own; 23 States Mr. COCHRAN. Mr. President, I ask No one—particularly those citizens are helping. It is important we do our unanimous consent that the order for who have placed themselves in harm’s part as well. the quorum call be rescinded. way at our bidding—should be forced to Our amendment would provide, after The PRESIDING OFFICER. Without choose between doing right by their someone has been called to active serv- objection, it is so ordered. loved ones and doing right by our coun- ice for more than 6 months—therefore Mr. DORGAN. Mr. President, I sub- try. The amendment I have submitted a period of time more than was reason- mit the following notice in writing: In will prevent that moral tragedy from ably anticipatable—for up to $10,000 in accordance with Rule V of the Stand- happening. lost income be made up for these indi- ing Rules of the Senate, I hereby give What I refer to as the patriot pen- viduals, meaning that more than 95 notice in writing that it is my inten- alty—the cut in income those who are percent of those who suffer this pen- tion to move to suspend paragraph 4 of called to active duty in our Guard and alty would be made whole. Rule XVI for the purpose of proposing Reserve must suffer—has become a We provide incentives for the two- to the bill H.R. 1268 amendment No. very serious problem. We now have thirds of employers currently not con- 398, which I ask unanimous consent to about 180,000 Active-Duty Guard and tributing to making up these penalties, have printed in the RECORD. Reserve personnel; 40 percent of the for them to do their part as well, mak- There being no objection, the mate- forces in Iraq have been called to ac- ing it a public-private partnership. The rial was ordered to be printed in the tive duty from the Guard and Reserve. cost over the next 5 years is estimated RECORD, as follows: The deployments are now lasting to be about $535 million. Given the On page 231, after line 6, add the following: longer on average than any time since scope and the magnitude of the under- TITLE VII—SPECIAL COMMITTEE OF the Korean war. takings in Afghanistan, in Iraq, the SENATE ON WAR AND RECONSTRUC- Since that conflict, it had been our costs we are incurring for so many TION CONTRACTING practice to not summon the Guard and other activities, including to try to SEC. 7001. FINDINGS. Reserve for active duty for more than 6 train, equip and put into place Afghans Congress makes the following findings: months. Today it is routine they are and Iraqis to defend their countries, (1) The wars in Iraq and Afghanistan have called to service in Afghanistan, Iraq, this is well within our budget. This is exerted very large demands on the Treasury and elsewhere for longer than that pe- of the United States and required tremen- well within what we can afford as a dous sacrifice by the members of the Armed riod of time, making these deploy- country, to do right by those who are Forces of the United States. ments not reasonably anticipatable on attempting to implement freedom (2) Congress has a constitutional responsi- behalf of these individuals and their abroad, to ensure that they can do bility to ensure comprehensive oversight of families. right by their loved ones and their fam- the expenditure of United States Govern- Mr. President, 51 percent—more than ilies at home. ment funds. half—of the guardsmen and reservists Objections, of course, are raised to (3) Waste and corporate abuse of United who are called to active duty suffer a anything in the Senate. The principal States Government resources are particu- loss of income, the patriot penalties. one is that it will lead to an inequality larly unacceptable and reprehensible during times of war. The average loss is $4,400 per citizen of pay to those on the battlefield, per- (4) The magnitude of the funds involved in soldier—a material amount of money manent Active-Duty personnel versus the reconstruction of Afghanistan and Iraq for the average American family. The Reserve and Guard men and women and the war on terrorism, together with the General Accounting Office in a recent who have been called to serve by their speed with which these funds have been com- study indicates that there is growing side. These are unequal circumstances. mitted, presents a challenge to the effective financial strain on these families, even As I said, for those who are Active- performance of the traditional oversight up to bankruptcy. It is morally unac- Duty and have made that commitment function of Congress and the auditing func- ceptable. It is unacceptable from a na- to our country, they can plan for that tions of the executive branch. (5) The Senate Special Committee to Inves- tional security standpoint and from circumstance. For those in the Guard tigate the National Defense Program, popu- our obligation as fellow citizens that and Reserve who have been called to larly know as the Truman Committee, which those we place in harm’s way and ask service for a period of time that was was established during World War II, offers a to make the ultimate sacrifice phys- not anticipatable because it is longer constructive precedent for bipartisan over- ically should also be asked to make the than any time in the last half century, sight of wartime contracting that can also ultimate sacrifice financially. they require and deserve somewhat dif- be extended to wartime and postwar recon- That is what this amendment would ferent treatment. I simply say, we do struction activities. stop. It is hard, not just for the soldiers not call upon our Active-Duty per- (6) The Truman Committee is credited with and their families involved; it is also an extremely successful investigative effort, sonnel to take a cut in pay when they performance of a significant public edu- undermining the vitality of the Guard enter combat. We should not ask our cation role, and achievement of fiscal sav- and Reserve and the essential role they guardsmen and reservists to take a cut ings measured in the billions of dollars. play in service to defending our coun- in pay when they do likewise. That is (7) The public has a right to expect that try. Fully five out of six of the Reserve why the patriot penalties must be taxpayer resources will be carefully dis- branches did not meet their recruiting made up. bursed and honestly spent. goals in the most recent period. Gen- In conclusion, we should find it with- SEC. 7002. SPECIAL COMMITTEE ON WAR AND RE- eral Helmly, the head of the Army Re- in both our hearts and our wallets to CONSTRUCTION CONTRACTING. There is established a special committee of serve, has described the Army Reserve do right by those who defend our coun- the Senate to be known as the Special Com- as a broken force. At a time when we try. It is important to the fight against mittee on War and Reconstruction Con- are relying upon our Reserve and our terrorism. It is important to the pres- tracting (hereafter in this title referred to as Guard men and women more than ever ervation of the Guard and Reserve as a the ‘‘Special Committee’’).

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.103 S13PT1 S3544 CONGRESSIONAL RECORD — SENATE April 13, 2005

SEC. 7003. PURPOSE AND DUTIES. (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- (a) PURPOSE.—The purpose of the Special jority of the members of the Special Com- mittee shall submit an updated report on Committee is to investigate the awarding mittee shall constitute a quorum for the pur- such investigation not later than 180 days and performance of contracts to conduct pose of reporting a matter or recommenda- after the submission of the report under sub- military, security, and reconstruction ac- tion to the Senate. section (a). tivities in Afghanistan and Iraq and to sup- (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special port the prosecution of the war on terrorism. Committee shall constitute a quorum for the Committee may submit any additional re- (b) DUTIES.—The Special Committee shall purpose of taking testimony. port or reports that the Special Committee examine the contracting actions described in (3) OTHER BUSINESS.—A majority of the considers appropriate. subsection (a) and report on such actions, in members of the Special Committee, or 1⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The accordance with this section, regarding— the members of the Special Committee if at reports under this section shall include find- (1) bidding, contracting, accounting, and least one member of the minority party is ings and recommendations of the Special auditing standards for Federal Government present, shall constitute a quorum for the Committee regarding the matters considered contracts; purpose of conducting any other business of under section 7003. (2) methods of contracting, including sole- the Special Committee. (e) DISPOSITION OF REPORTS.—Any report source contracts and limited competition or SEC. 7005. RULES AND PROCEDURES. made by the Special Committee when the noncompetitive contracts; (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to (3) subcontracting under large, comprehen- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by sive contracts; provided in this resolution, the investiga- the Special Committee shall be referred to (4) oversight procedures; tion, study, and hearings conducted by the the committee or committees that have ju- (5) consequences of cost-plus and fixed Special Committee shall be governed by the risdiction over the subject matter of the re- price contracting; Standing Rules of the Senate. port. (6) allegations of wasteful and fraudulent (b) ADDITIONAL RULES AND PROCEDURES.— SEC. 7008. ADMINISTRATIVE PROVISIONS. practices; The Special Committee may adopt addi- (a) STAFF.— (7) accountability of contractors and Gov- tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee ernment officials involved in procurement and ranking member agree that such addi- may employ in accordance with paragraph and contracting; tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- (8) penalties for violations of law and enable the Special Committee to conduct the tigatory, legal, technical, and other per- abuses in the awarding and performance of investigation, study, and hearings author- sonnel as the Special Committee, or the Government contracts; and ized by this resolution. Any such additional chairman or the ranking member, considers (9) lessons learned from the contracting rules and procedures— necessary or appropriate. process used in Iraq and Afghanistan and in (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— connection with the war on terrorism with lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee respect to the structure, coordination, man- and shall appoint a staff for the majority, a staff agement policies, and procedures of the Fed- (2) shall become effective upon publication for the minority, and a nondesignated staff. eral Government. in the Congressional Record. (c) INVESTIGATION OF WASTEFUL AND (B) MAJORITY STAFF.—The majority staff SEC. 7006. AUTHORITY OF SPECIAL COMMITTEE. FRAUDULENT PRACTICES.—The investigation shall be appointed, and may be removed, by (a) IN GENERAL.—The Special Committee by the Special Committee of allegations of the chairman and shall work under the gen- may exercise all of the powers and respon- wasteful and fraudulent practices under sub- eral supervision and direction of the chair- sibilities of a committee under rule XXVI of section (b)(6) shall include investigation of man. the Standing Rules of the Senate. allegations regarding any contract or spend- (C) MINORITY STAFF.—The minority staff (b) HEARINGS.—The Special Committee or, ing entered into, supervised by, or otherwise shall be appointed, and may be removed, by at its direction, any subcommittee or mem- involving the Coalition Provisional Author- the ranking member of the Special Com- ber of the Special Committee, may, for the ity, regardless of whether or not such con- mittee, and shall work under the general su- purpose of carrying out this resolution— tract or spending involved appropriated pervision and direction of such member. (1) hold such hearings, sit and act at such funds of the United States. (D) NONDESIGNATED STAFF.—Nondesignated times and places, take such testimony, re- (d) EVIDENCE CONSIDERED.—In carrying out staff shall be appointed, and may be re- ceive such evidence, and administer such its duties, the Special Committee shall as- moved, jointly by the chairman and the oaths as the Special Committee or such sub- certain and evaluate the evidence developed ranking member, and shall work under the committee or member considers advisable; by all relevant governmental agencies re- joint general supervision and direction of the and garding the facts and circumstances relevant chairman and ranking member. (2) require, by subpoena or otherwise, the to contracts described in subsection (a) and (b) COMPENSATION.— attendance and testimony of such witnesses any contract or spending covered by sub- (1) MAJORITY STAFF.—The chairman shall and the production of such books, records, section (c). fix the compensation of all personnel of the correspondence, memoranda, papers, docu- majority staff of the Special Committee. SEC. 7004. COMPOSITION OF SPECIAL COM- ments, tapes, and materials as the Special MITTEE. (2) MINORITY STAFF.—The ranking member Committee considers advisable. (a) MEMBERSHIP.— shall fix the compensation of all personnel of (c) ISSUANCE AND ENFORCEMENT OF SUB- (1) IN GENERAL.—The Special Committee the minority staff of the Special Committee. POENAS.— shall consist of 7 members of the Senate of (3) NONDESIGNATED STAFF.—The chairman (1) ISSUANCE.—Subpoenas issued under sub- whom— and ranking member shall jointly fix the section (b) shall bear the signature of the (A) 4 members shall be appointed by the compensation of all nondesignated staff of Chairman of the Special Committee and President pro tempore of the Senate, in con- the Special Committee, within the budget shall be served by any person or class of per- sultation with the majority leader of the approved for such purposes for the Special sons designated by the Chairman for that Senate; and Committee. purpose. (B) 3 members shall be appointed by the (c) REIMBURSEMENT OF EXPENSES.—The (2) ENFORCEMENT.—In the case of contu- minority leader of the Senate. macy or failure to obey a subpoena issued Special Committee may reimburse the mem- (2) DATE.—The appointments of the mem- under subsection (a), the United States dis- bers of its staff for travel, subsistence, and bers of the Special Committee shall be made trict court for the judicial district in which other necessary expenses incurred by such not later than 90 days after the date of the the subpoenaed person resides, is served, or staff members in the performance of their enactment of this Act. functions for the Special Committee. (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring such person to appear at any designated (d) PAYMENT OF EXPENSES.—There shall be cial Committee shall not affect its powers, paid out of the applicable accounts of the but shall be filled in the same manner as the place to testify or to produce documentary or other evidence. Any failure to obey the Senate such sums as may be necessary for original appointment. the expenses of the Special Committee. Such (c) SERVICE.—Service of a Senator as a order of the court may be punished by the court as a contempt of that court. payments shall be made on vouchers signed member, chairman, or ranking member of by the chairman of the Special Committee the Special Committee shall not be taken (d) MEETINGS.—The Special Committee may sit and act at any time or place during and approved in the manner directed by the into account for the purposes of paragraph Committee on Rules and Administration of (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods of the Senate. the Senate. Amounts made available under Senate. this subsection shall be expended in accord- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. 7007. REPORTS. ance with regulations prescribed by the Com- chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- mittee on Rules and Administration of the designated by the majority leader of the Sen- mittee shall submit to the Senate a report Senate. ate, and the ranking member of the Special on the investigation conducted pursuant to Committee shall be designated by the minor- section 7003 not later than 270 days after the SEC. 7009. TERMINATION. ity leader of the Senate. appointment of the Special Committee mem- The Special Committee shall terminate on (e) QUORUM.— bers. February 28, 2007.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.038 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3545 SEC. 7010. SENSE OF SENATE ON CERTAIN duty with her Army National Guard unit. I can draw a strong parallel here with my CLAIMS REGARDING THE COALITION She was inactive status and a mere 7 days personal experience in the Army. PROVISIONAL AUTHORITY. from being completely out of the military I enlisted in 1967 at the height of Vietnam It is the sense of the Senate that any claim when she was mobilized. She went from and also went Airborne. I served with the 3/ of fraud, waste, or abuse under the False being a civilian attorney to a Sergeant/E–5 506th Airborne Infantry ‘‘Currahees’’ of the Claims Act that involves any contract or administrative clerk at a significant loss of 101st Airborne Division in 1968–69. I was a spending by the Coalition Provisional Au- pay. At that time, I became a single parent radio operator and then a machine gunner in thority should be considered a claim against to four young children for one full year. In the field. I received the Combat Infantry- the United States Government. August 2004, I too was called to active duty man’s Badge, Jump Wings, Air Medal and the Mr. DORGAN. Mr. President, I sub- with my Army Reserve unit. I went from Bronze Star with ‘‘V’’ Device for heroism in mit the following notice in writing: In being a university professor to being a Ser- ground combat. accordance with Rule V of the Stand- geant First Class/E–7. Once again, our four After my return home my best friend was children were without one of their parents ing Rules of the Senate, I hereby give killed in Vietnam and I began to have seri- during their critical stages of development. ous problems with nightmares, depression notice in writing that it is my inten- We’ve done our part, now it’s time for others etc. tion to move to suspend paragraph 4 of to do their part. The burden placed on the The army’s answer at the time was a ‘‘res- Rule XVI for the purpose of proposing National Guard and Reserve forces seems ex- ignation for the good of the service’’ Sign to the bill H.R. 1268 amendment No. treme. The morale among more seasoned sol- here and you can go home. 399, which I ask unanimous consent to diers, those with 10 to 20 years of service, is In the 1980’s there was a greater awareness have printed in the RECORD. not good. Many are getting out of the mili- of the problems veterans were having and There being no objection, the mate- tary at the first available moment. programs were developed, but for over 15 rial was ordered to be printed in the Jack Cooper—Corpus Christi, TX years we were on our own. Many good sol- This is a story about a young couple in diers didn’t make it. RECORD, as follows: Austin, Texas. The husband works for Home Thanks to Senators Mitchell and Cohen I At the end of the bill, add the following: Depot and was called up in the Marine re- was finally able to receive PTSD treatment SEC. ll. (a) None of the funds appro- serves. There are two young children, both and treatment for arthritis and a disability priated or made available in this Act or any girls. One of the girls has Job’s Syndrome. award. other Act may be used to fund the inde- Home Depot did not continue the family’s in- It is my greatest hope that our younger pendent counsel investigation of Henry surance. brothers will not have to wait so long for Cisneros after June 1, 2005. They had to go out and pay ridiculous their help. I once wrote a critique of the (b) Not later than July 1, 2005, the Govern- rates for additional health insurance to PTSD program at VAMROC, Togus, Maine ment Accountability Office shall provide the cover the child. That was money they could for Senator Mitchell. This was my final re- Committee on Appropriations of each House not afford because Home Depot did not pay mark. with a detailed accounting of the costs asso- his salary while he was gone. The child was ‘‘We who placed our lives in the balance, ciated with the independent counsel inves- in the hospital for much of the time the fa- and were not found wanting, ask for no more tigation of Henry Cisneros. ther was in Iraq. The mother had to take off than that which is our due, to be treated Mr. KERRY. Mr. President, this de- from teaching to stay with the child in the with dignity, honor and respect.’’ bate on emergency funding for our hospital. She used up all vacation and sick Pamela Goers—Romulus, MI military wouldn’t be complete if we did time, and then was docked pay for lost time. My stepson is in the Navy stationed in We are not taking care of our soldiers or not begin to address the crises military Washington State. He finds it so extremely their families. families face at home as well as hard to take care of his family on his pay abroad. Doris Fulmer—Albuquerque, NM that he was willing to volunteer to go to Iraq I am proud that the Senate has I just lost my husband on February 11. He [again] because of the bonus offered and how passed my two amendments, one to was a navy pilot for 28 years. He paid on my much his family would benefit from it. This allow families to stay in military hous- SBP for years, and now I can hardly get by, is just wrong. The military men and women and waiting for the increase in October is ing for a full year after the death of a put their lives on the line for us; the least we going to be difficult. I will have to sell my can do is ensure that their families are pro- spouse, the other to ensure all military house to survive. It appears they are waiting vided for. families receive $500,000 in total death for us to die to . . . James Tate—Coon Rapids, Iowa benefits when a loved one dies in serv- Not enough is being done for the active ice to America, but I am also deeply duty veteran. I don’t see how the administra- I have 2 sons in Afghanistan, deployed for tion can be so tight with the veterans and 1 year duty with the 168th Infantry Iowa Na- moved by the stories I have heard from tional Guard. The younger has had the mis- across our country in the last 24 hours their loved ones while we wage war in a for- eign country and pour in millions of millions fortune of having his marriage disintegrate about the challenges to military fami- of dollars. in his absence and he has no assurance that lies every day. Stephen Cleff—Haddenfield, NJ his construction job will be available on his return. The older has a contract detassling Yesterday, I sent an email to Ameri- This past Christmas, my uncle was called business for 2 Iowa seed corn companies. cans asking them to share their sto- into service in Iraq. He has served this coun- This is a very seasonal business and Mike ries—of husbands and wives, sons and try in Vietnam and when he returned contin- has suffered a $60,000.00 loss of income from daughters, neighbors and friends who ued to serve as a policeman. the business. In his absence his wife and I My uncle is 58 years old. This is an exam- serve their country with courage but had the responsibility of keeping the busi- ple of how stretched our armed forces are be- have been left on their own by our poli- ness going but the companies involved were cause of the current policies of the President cies here at home. Within hours over fearful that in his absence we would not be and his followers. 2,000 Americans sent me their stories. His current service not only required that able to handle the number of acres he nor- They took time out of their busy days he miss Christmas with his family, including mally completes. Consequently they cut the 1 to share their stories on the hope his father who was very ill, but more impor- allotted acres by ⁄2. Much of the fixed ex- someone would listen. Their voices tantly, it required that he miss his father’s penses of running such an operation remain must be heard in the halls of Congress. funeral. His wife is now alone in their house, the same regardless of the total acres per- waiting for his return. I do not know the spe- formed. Normally the business returns ap- Today, I enter a small sample of their proximately $70,000 above expenses. Last stories into the CONGRESSIONAL RECORD cifics of their finances, but I do know that they relied on his income as a police officer. summer the return was less than $10,000.00. to prove we are listening, and hope I wonder how easily our current majority Besides, there remains a question of whether that today’s victory marks a new be- leaders would send people into combat if or not the companies will make the normal ginning, and that soon Congress will they had to survive on the same benefits. acres available in the future or if they will answer all their prayers and pass a Christopher Perkins—Burnham, ME give them to the other contractors that filled the void this past summer. comprehensive Military Families Bill Here in Central Maine we have a young of Rights. My wife and I raised and educated 11 law man, Fred Allen who, like myself, volun- abiding, tax paying American citizens. This I ask unanimous consent that the teered to be a paratrooper and served in both administration has created a situation that letters be printed in the RECORD. Afghanistan and then in Iraq. for the first time in nearly 70 years leaves He was grievously wounded in both legs in There being no objection, the mate- me ashamed of what my country is doing in Falluja, a name we all know from the news. rial was ordered to be printed in the the world. He spent a good deal of time in the hospital RECORD, as follows: getting back on his feet and continues his D. Bottoms—Oregon, WI Alan Neville—Aberdeen, SD healing and therapy at home. According to My best friend Kurt Jerke, age 31, is a cap- This is a story about my own family. In his mother he is receiving little in the way tain in the Indiana National Guard. He was a January 2003, my wife was called to active of compensation or direct help. Ph.D. graduate student in the Department of

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.038 S13PT1 S3546 CONGRESSIONAL RECORD — SENATE April 13, 2005 Biological Sciences at Purdue University. In Bush made a statement assuring all military my daughter were covered was while I was his final year for his Ph.D. degree, he re- family members that the troops would re- deployed. While I believe that is would be ceived orders to leave for Afghanistan. At ceive proper armor by March 2004. However, cost prohibitive to provide all Reserve and this time, his wife Katie had just giving upon their return, several Marines Lieuten- National Guard soldiers health benefits, it birth to his first son. Kurt left when his son ants informed us that the armor did not ar- would be the right thing to do to provide was only two months old. Katie has been in rive till June/July 2004; despite the battal- them a health plan which they could buy a daze ever since Kurt left for Afghanistan ion’s mission being to escort military and ci- into (co-pay). This plan would cover them with managing her job, daycare and caring vilian convoys—a highly dangerous duty and their families whether or not they were for her child, while maintaining there house that took them all over IED-infested roads of deployed. In addition to providing the fami- all as a single parent. They’re son, Cade, is Iraq. The Marines also cited a shortage of lies of our soldiers, sailors, marines and air- now a year old. He’s a walking, talking, cute flak-jackets on their first deployment. men a benefit it will also help keep them little guy. Kurt missed his son’s first year The ordeal of enduring those long, dan- healthy should they be called up. I believe and Kurt still has no end in site. Kurt has no gerous deployments (especially cognizant of that it would also provide a strong incentive idea when or if he’s coming home. Kurt has the lack of armor/equipment) and peren- for recruiting. Just a thought. no idea if he’s staying in Afghanistan or if nially bracing for bad news is too great to re- Heidi Behr—Orlando, FL he’s going to Iraq . . . count here. Needless to say, these last few I work as a social worker at a local ele- Sandy Fox—Cleveland, OH years have taken an extensive toll on the mentary school in Maitland, Florida. We health and happiness of this family, which I As a 6-year member of the Ohio National have some kids in our school whose parents consider as much of a sacrifice for this na- Guard, my son was within one month of com- are serving in Iraq and Afghanistan. I know tion as the military service of my brother. pleting his obligation when he was notified of many families (some at our school and in Despite the outcry of his family against our community and elsewhere around the that he could not leave the service. He is such things as his inadequate training for now in Baghdad, much to the dismay of the country) who are struggling to make ends the jobs with which he was tasked, lack of meet financially because they are not receiv- entire family. armor and other safety-enhancing equipment He has two sons, ages 2 and 4. He discov- ing adequate compensation while their loved [and despite the acknowledged fact that he ered the week before he shipped out for Iraq ones serve in the Armed Forces. Many of the and his men faced death at every moment at that his wife is pregnant with a daughter families who have members in the National the behest of a president who lied us about . . . the first female in our family for quite Guard are dealing with the double blow of the reasons for war], my brother has volun- a long time. His wife is a nursing student loss of pay while also now not having their teered to extend his time in the Marines and who also has a part-time job. Not only has husband or wife at home. I think it is crimi- to deploy for a third time in two years. Were his departure caused emotional upheaval for nal that our government calls these national I a poet I would better describe my boundless the entire extended family, he was the major guards up without compensating the family pride in him and all our troops. ‘‘breadwinner’’ for his nuclear family. for their lost wages and insurance. If a fam- Heartbreakingly, he and all the other troops Knowing that she could not afford to keep ily was dependent on this guard member’s in- who give so much for this country ask so lit- up payments on their apartment, their vehi- surance through their civilian job, many tle in return. cles, etc., without his income, she ap- times those families have now lost health in- We celebrate the heroism our troops with proached the military for assistance. She surance. This is not right and needs to be homecoming parades, yellow ribbons and im- was told that there was nothing they could taken into account by the government when posing bronze memorials. But we as a coun- do for her. . . that she would have to turn to they decide to call these men and women try [especially in Congress] should put our her in-laws for help to sustain her and her back into service. money where our mouth is and increase com- family while her husband was serving our Carrie Philpott—Eugene, OR bat pay, grant our Veterans adequate health country. care and other benefits, and take care of the My son joined the Marine Corp in Novem- In summary, this poor pregnant woman is families of the fallen or injured (e.g., access ber of 2002. He enlisted with the hopes that living in the basement of her in-laws’ home to good education for their children). THAT he would be able to fulfill his dream of at- with her two sons because the military and would be a meaningful demonstration of our tending college and earning a BA degree in our government turned their backs on her. respect and appreciation for their sacrifice. Criminal Justice. Other than the GI bill, no Their atrocious treatment of the military Our troops deserve no less. other funds are available to him for higher personnel, their families and our veterans education He has just spent a month at home Theresa Grof—Agawam, MA belies all their public rhetoric about family with me after being injured while serving our values and moral integrity. It’s disgraceful! I My husband was activated in 2001 after 9/11. country in Iraq. He had the time to study his don’t know how they sleep at night. His pay was so low as a technical sergeant in military benefits package and look at what Kara Block—Jamaica Plain, MA the U.S. Air Force Reserves that we are now university he would be able to attend. Imag- 20,000 dollars in debt and have no way out. My brother is a lieutenant in the Marine ine his disappointment and frustration to My husband has served his country many Corps. He has been on two tours of duty to find that his GI bill will only cover 1.75 years times, he is a Gulf War Veteran, Operation Iraq and is about to deploy for the third of an undergraduate degree at a state univer- Enduring Freedom Veteran, and an Iraqi time, this time to Afghanistan. sity that doesn’t even offer a degree in his Freedom Veteran. He has 14 years in the Since 9/11, our family has been continually field of study. He has now returned to his United States Air Force Reserve, but the pay shadowed with the threat of losing my broth- unit to complete his 4 year enlistment only is so low and the benefits being slowly erod- er on one of his deployments. He was on the to be told that he will have to go back to ed away that he is no longer sure if he wants first wave of the invasion in March 2003 as Iraq in Aug. ’06. to make it to 20 years. He sees his unit fall- part of the 1st Light Armored Reconnais- Along with his physical injury, my son had ing apart and wants to stay but with cuts in sance that forged ahead to Tikrit. On that nightly nightmares, screaming out visions benefits and our debts mounting (we have first Iraq deployment, we did not hear from that could only have come from his battle also both attended college on our GI Bills our brother until it was time for his battal- experiences. I wonder what else he will have during these activations) that it just does ion’s return to the States. He called my par- to endure for the price of an education? not seem feasible to stay in the reserves any ents via a satellite phone before heading Kathy Hartman—Loveland, CO longer. His unit is losing more and more back, to ask them to wire $200 for a phone This is a story in reverse to what you are longtime reservists every week. The unit is card to call home from the ship that carried seeking. I have a nephew serving in Iraq who becoming undermanned and when they get a them homeward. The U.S. government does works as a security guard for a private con- new recruit, which is not very often, the per- not pay for its troops to keep in touch with tractor. He receives approximately $18,000 son is not well trained enough to really help. their families while deployed. per month and has all of the finest in equip- This problem of losing long serving military On his second deployment to Iraq, my ment and security. He received his training men like my husband will affect the mili- brother called home to ask for a particular as a Ranger in the U.S. Army but now serves tary’s mission. Retaining these men is im- kind of field binoculars, as those that should as an employee of a private contractor. have been standard issue to him had not portant and passing a bill to help those of us My question is, why isn’t every soldier em- been provided. These binoculars cost my par- so in debt because of continuous activations ployed in Iraq able to receive the salary, ben- ents $500, and were obtained only with great should be a major priority at this time. I am efits and equipment that this ‘‘soldier’’ does? difficulty [incidentally, per Newsweek in very proud of my husband and I see his de- Why have we contracted some of this war 2003, the average American troop spent over termination to keep serving his country but out to the highest bidders, using our tax dol- $2000 outfitting himself/herself with safety soon there will be no reason to stay. lars to pay some of our soldiers a more-than- and field gear]. For many other military Mark Vaughn—East Greenwich, RI decent wage while our ‘‘grunts’’ fight and die families, the purchase of this necessary safe- I am in the U.S. Army Reserve and have at minimum wage? I do not understand this ty-enhancing instrument would be prohibi- been deployed 4 times in 8 years. I have inequity except of course for the fact that we tively expensive. missed almost 36 percent of my daughter’s have now set up wars and military expenses In January 2004, when much media ado was life while deployed. When not deployed I am to benefit large corporations even more than made about the lack of armor in the an adjunct college professor and, until re- they have benefited in the past. Humvees contributing to many unnecessary cently did not make enough to be able to af- Don’t get me wrong. While I do not believe roadside fatalities from IEDs, President ford health insurance. The only time I and in this war, I do believe that all those in

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.061 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3547 harm’s way should be equitably com- hold. Her boyfriend works full time at the but with total blindness. This is however, ex- pensated, trained and outfitted. I would WV Air National Guard but does not have tremely unlikely. Harold will live the rest of rather that all soldiers be compensated at a medical insurance. My daughter became his life with shrapnel in his brain, and the wage befitting the horror and danger they pregnant but is unable to marry her boy- severe cognitive deficit that goes with it, as experience. friend because he does not have medical in- well as the loss of this sight. As a Guards- Clearly the private contractors are able to surance. There is no way she could marry man, not a member of the Army etc, I fear pay generous compensation in addition to him and then have the baby with no insur- that his family will fall between the cracks, making generous profits. This is wrong. ance. I advised her not to, what if something and through loop holes and bureaucracy not Nada Smith McLeskey—Columbus, OH happened to her or the baby? We cannot af- receive the benefits (however paltry) that I was married for 28 years to my first hus- ford to pay out of pocket and we make too regularly commissioned soldiers are entitled band who for 21 years served our country in much money to qualify for Government aid. to. the United States Air Force. He continues We would like our daughter to be married Jean Harris-Letts—Middleburg, FL today serving our country by teaching your and she would like to be also. Her boyfriend I am a physician in a town where many of high school students leadership by serving has checked into private insurance but at my patients count on military benefits. with the JRAFROTC Program in Salt Lake $800 a month they can not afford it. My For Medicare recipients, most of the time City, Utah. Our daughter served for 6 years daughter served in Qatar in Operation En- both Social Security checks go for food and in the Utah Air National Guard and today during Freedom as did her boyfriend. He flies rent, while hopefully the service connected our son serves our country in the United almost every week doing missions for our spouse will be able to get his or her medica- States Air Force in the Special Forces government but is not offered insurance! It tion from the Veterans Administration. The branch. Our son has already seen one tour of makes me so mad, most of our government non-military spouse will have to get samples duty to the Middle East. He is married and a officials don’t care about healthcare for oth- of meds or often go without. father of 3 children. He is an enlisted service ers because they will never have to worry My younger patients whose spouses are in member. His wife was forced to stop working about themselves. the military are in an only slightly better because their childcare far out weighed the Gail Mountain—Gloucester, MA position . . . It baffles me how anyone could income she could bring home and the sub- Like a lot of stories about abuse and mis- countenance cutting military benefits in a sistence allowance program was cut by the treatment, despite the specific issue sur- time of war, when so much depends on mo- Bush Administration. They now live in base rounding that abuse and mistreatment, prov- rale. housing but none the less, their income for a ing it is very difficult. The patients to whom I refer are not dead- family of five is roughly $2000 per month. By Nonetheless, I would like to share my sus- beats. They are hard working people, who the time their bills are paid, there is little picion of mistreatment of my nephew as a are just not being properly compensated, and left for them to buy groceries or enjoy the member of the Air Force reserve who lost his find only twenty four hours in the day when luxury of maybe going out to a movie or to job in the U.S. upon his return from a 3- they try to do more. eat. I send them what I can per month to month assignment in Kuwait, perhaps a year George Cleveland—Milwaukee, WI help out. I know what it is like to serve our ago. I am a Vietnam era vet with severe back country and have to live on an extremely He had been getting subtle messages for pain, lumbar/sacrel facet degeneration. I was tight budget. My daughter in law would love months from his employer that his need for completely independent when President to work so they can pay off their debts and time off to accommodate his military train- Clinton was in office. When President Bush have extra money, but with 3 children under ing was not appreciated. got in office and reduced V.A. funds. They the age of 6 it is impossible as childcare When he returned from Kuwait, he was ‘‘let took away my pain meds, which where 6–5mg would eat up all her wages. Thank you. go’’ under what I believe to me the guise of Percocets and 2–10mg Oxiocotins. It’s gotten Doug Brewer—Tacoma, WA his inability to do his work. He believes, and so do I, that he lost his job to the point that I can’t walk with my My daughter is best friends with a 16 year- because of the time it took for him to serve grandchildren anymore. I’m 58 years old and old whose father is a reservist. He was de- his country. poor with no other insurance I’ve talked to ployed to Iraq, leaving behind a 12 year-old He will never be able to prove it, but I other vets with similar problems. We’ve basi- autistic child, who needs the care of two par- think we need to also find a way to insure cally been told that we are not worth the ents to even have a semblance of a quality of this does not happen to those who choose to price of our meds. What’s going to happen 40 life. The father is in Mosul, a very dangerous serve our country, yet still need to earn a years from now when the vets from Iraq still place, ostensibly for a year, but we all know living. need help will they be forgotten to? Just go how that length of time has tended to ex- This young man continues to diligently to any V.A. Hospital in this country and talk pand. I can’t tell you how many tears this working on his master’s degree and to take to the vets sitting in the smoking area and family has shed over the father’s safety, the every opportunity to get as much military ask. This will probably screw me pretty bad one parent’s frustration of raising an autis- training as he can so he can become a part of but at this point I just don’t give a damn. tic child (among two other siblings), as well the investigative branch of the Air Force be- Holly Ortman—Fort Benning, GA as the financial pressures of having the main cause he loves his country and because he bread-winner gone. Why? For what purpose? My name is Holly Ortman. Not only am I wants to participate in the safety of it. I a nurse in the US AF Reserves (inactive Katie Laude—Beaver Dam, WI hope a part of your work will be to also in- now), but I am also a spouse of an active My husband is a reservist currently serv- sure that our reserves and our national duty soldier in the US Army and a mother of ing in Afghanistan. He served his 8 years of guard are taken care of by the country they 4. I am highly educated and was working on military service after getting an ROTC choose to protect. my Practitioners Degree. I have always scholarship for college. After finishing his Sarah O’Malley—Castine, ME stood behind our government and its deci- two years of being a company commander he This story is of a man in a town near by, sions, but as of late, I feel that my support went on IRR. After September 11th he was the nephew of a friend, a high school class- is dissipating due to the government’s lack given the advice to join back with his unit or mate. Harold Gray was in the National of support for the military families and the risk being ‘‘cross-leveled’’ into another unit Guard, the 133rd Engineering Battalion from military child. When our son was 6 months where he wouldn’t know the troops. here in Maine. He was injured several old, my husband was given orders to deploy Well, as it turns out, he did join his old months ago by a road side bomb, getting hit to Afghanistan with the 10th Mountain Divi- unit again but was still cross leveled to a with shrapnel in the head and shoulder. sion. At the time I was an ICU Nurse man- unit in St. Cloud, MN (we live in southern Shrapnel destroyed his eyes and lodged in his ager at the local hospital. At this point in Wisconsin). We have three boys (ages 9, 6 and brain. our lives, we only had 3 children. Due to the 1). I had our third son after my husband had Harold was in a coma for quite a while at demands of being a mother of 3, one of which left. To make it worse, I have NO family sup- a military hospital in Washington. His wife was only 6 months, and an acting single par- port group unless I want to drive over 5 traveled to DC to be by his side, and his ent due to the absence of my husband, I had hours to the unit in Minnesota. I have had to three young daughters are staying in their to step down as the nurse manager and work hire out virtually everything around our home community with family. Harold’s wife in the ER as an emergency/trauma nurse. house (lawn, snow removal, home mainte- is a manicurist with no benefits, when she This was very short lived because in the nance, etc). After taking a year leave from doesn’t work, she doesn’t get paid. She state of New York nursing is unionized, my job after the baby was born, I felt I had hasn’t been working for months now. In therefore everything works off of seniority. to go back to work. So I am now working every store you go in around here, there is a That left only night shifts open for me to full time as a teacher and raising three kids coffee can with Harold’s picture, collecting work. Because finding a trustworthy person with no husband. spare change to help support his family. This to come in at night and watch 3 children and Linda Brown—Bunker Hill, WV soldier’s family is living off good will and get 2 of them ready for school the next morn- Our daughter is in the MD Air National spare change. ing is so difficult I had to totally resign my Guard as well as a full time college student. As a Guardsman, I don’t know what kind of nursing position. Just so you understand the We still carry her on our medical insurance. extended support Harold and his family can seriousness of this let me explain that before She has been deployed twice in the last 3 expect. The best case scenario for Harold’s I resigned, our family income was close to years each time putting her education on situation would be a full cognitive recovery, $4500.00 a month. Because I could not work

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.063 S13PT1 S3548 CONGRESSIONAL RECORD — SENATE April 13, 2005 due to the military deployment, our income Las Vegas is skyrocketing and a big pay- period of morning business, with Sen- fell to less than 1800.00 a month. This quali- ment is due soon. We cannot afford to do this ators permitted to speak for up to 10 fied our family for W.I.C., and other forms of as our daughter is a student at UNLV an- minutes each. public assistance, which we had never needed other a student in High School aspiring The PRESIDING OFFICER. Without before, but desperately need now. During his model and actress and a third only 10 years deployment, my husband re-enlisted for an- old a gymnast in Henderson . . . all girls who objection, it is so ordered. other 6 years. He is a very patriotic man and lost their brother. f I personally have lost my job and find my- he wanted to do what he felt in his heart was HONORING OUR ARMED FORCES right. We toughed it out and my husband self on unemployment getting 329.00 per came home in May of 2004. Shortly after his week because I grieved too long and could ARMY 1ST LIEUTENANT CHARLES WILKINS, III return, we found out we were pregnant with not perform my job at the level expected. Mr. DEWINE. Mr. President, in- our 4th and last child. He then received his Costs run high, but our family has been ru- ined by a war my son never intended on en- scribed on an exterior wall of the Chap- orders for Fort Benning, Georgia. We relo- tering as he was a reservist and had goals el at the Normandy American Ceme- cated to Fort Benning and upon his First day and dreams of his own. We still have not tery and Memorial in France, are the of reporting and 6 months TO DO THE DAY even gotten our sons final report , we don’t following words: of his return from Afghanistan he was told to even know the details of what happened? 8– These endured all and gave all that justice collect his CIF gear, he would be leaving for 9 weeks ago . . . He was proud to be a Marine Iraq by January and that they needed his among nations might prevail and that man- and we are proud of him, the little money kind might enjoy freedom and inherit peace. combat experience over there. We were dev- the Government gave us has paid his college astated, as the birth of our last child was due loans at UCLA and we are faced with the Many years after the bloody battle in February and we were hoping to finan- hardship of our lives being ruined, because of on Normandy’s shores and many miles cially catch up by me going back to work. Iraq. from those sandy beaches and jagged Due to the fact that my pregnancy was high My whole family has suffered during the cliffs, Army 1LT Charles Wilkins, III, risk, he was allowed to stay behind until the past 2–3 months since the accident but really of Columbus, OH, like the thousands of baby was born. He is now leaving for Iraq the past 7–9 months we’ve been stressed and American servicemen who perished be- this Saturday. My career, in a field that is in it has affected all that we do daily. dire need of experienced people, will once What a disaster, what a shame that my fore him over 60 years ago, gave his life again be on hold, and we will have to scrape own land of liberty, land of the free has so that others, too, might enjoy free- by yet again due to the minimal amount the placed us in bondage for years to come and dom and inherit peace. government pays my husband to leave his has all of us reeling as where do we go from On August 20, 2004, 1st Lieutenant family and put his life on the line. I was so here? Wilkins was killed near Samarra, Iraq, disappointed in my government when I heard I am a 7th generation American. My family when a roadside explosive detonated that many wanted to decrease the deploy- tree is American Indian, Spanish and Mexi- can from Los Angeles, CA. I grew up think- near his Humvee. He was 38-years-old. ment pay. We are barely making it as it is Today, I would like to pay tribute to and without that pay we would literally be ing my country was great, my forefathers de- in dire straights. Now there is talk of de- fended my stance so we can live today. My this fellow Ohioan and to take a few creasing the amount of the yearly raise to very uncle Fred Perez sold airplanes to Iraq moments to remember him here in the help the budget. Both of my oldest children and Iran as he worked for Boeing in the 60– Senate Chamber. You see, Charles—or go to a military school and it has been a God 70s. My cousin lost a leg in the USMC in Chuck, as he was known to his family send. They have deployment groups for them Vietnam. My Uncle lost an arm in Korea and my wife’s uncle died on the shores of France and friends—was a deeply devoted, un- and a counselor to help with the transition, selfish man. He lived his life with a which was very hard during the first deploy- during WWII. What happened to the Amer- ican Dream? Why, when my family and son sense of duty—always dutiful to his ment. These schools know how special a defended liberty, do we now suffer? People in country, to his family, to his friends, military child is. Now Donald Rumsfeld NYC buildings were provided 2 million dol- wants to shut down our military schools. and to his job. Chuck defined the term lars each so they could adjust to their loss. How much more can you people keep taking ‘‘citizen soldier,’’ balancing his service Yes, they needed it, but we do too. from us before you realize that we have in the Ohio National Guard with his nothing left to take? I cannot even repay my Mr. WARNER. Mr. President, I will obligations to his family and his ca- government student loan because I can not offer an amendment to H.R. 1268 which reer. work because of his continual deployment would require the Department of De- After attending both Bishop Hartley and the government doesn’t pay him enough fense to submit a report to Congress by High School and St. Charles Pre- to keep us above poverty level. My family July 15, 2005, on the Government’s paratory School, Chuck graduated in has sacrificed so much and only keeps get- processes and policies for disposal of 1985, and enlisted in the U.S. Air Force. ting slapped in the face by our government. property at military installations pro- My family feels so used. I currently hold a After his discharge, he enrolled at The posed to be closed or realigned as part Ohio State University to study eco- commission as Major in the USAF IRR, of the 2005 round of base closure and re- which I am resigning, and I have told my nomics. While in college, Chuck joined husband, we will find him a way out. We just alignment, and the assistance available the Ohio National Guard because, ac- can’t afford the price of your freedom any- to affected local communities for reuse cording to his sister Lorin, ‘‘He wanted and redevelopment decisions. more. I am sorry but fine speeches and big to be an officer.’’ After earning his col- This report will be of tremendous as- talk cannot put food on my table and bring lege degree, Chuck took a job as a my husband home alive. Thank you for this sistance to States and local commu- chance to share this with you. nities affected by BRAC, and faced transportation planner with the Fed- eral Highway Administration, became Richard Perez, Sr.—Las Vegas, NV with difficult decisions about the rede- a volunteer for Habitat for Humanity, On February 10th, 2005 at 11:30pm in Al velopment and economic revitalization Asad, Iraq, we lost our only son USMC LCpl of their areas. The report required by and began attending Capital Law Richard A. Perez Jr. this amendment is similar to Commu- School—all while continuing his serv- His story is on www.richardperezjr.com nity Guides to base reuse, which were ice in the National Guard. website. published by the Department of De- At any time, Chuck could have quit The heartache will never end. My wife fense in all four previous BRAC rounds being a soldier and settled into a quiet Rosemarie who had been a senior sales agent life as a civilian. But, that wasn’t the for State Farm with the states highest sales during the Commission’s deliberations. These guides served a vital purpose for type of person he was. Rather, Chuck totals for the past 4 years is devastated and was the type of person who always gave has no more energy to even perform her job affected communities by explaining ex- anymore because of the loss of our only son. isting Federal law pertaining to prop- 100 percent of himself. In addition to I, Richard A. Perez Sr., Battle with this erty disposal and by endorsing a his full time job, his military respon- problem daily, recently our son had signed proactive and cooperative relationship sibilities, and his law classes, Chuck with us on a very large home loan which we between military departments and served as a peer-advisor at Capital for thought would solve all problems as we have local communities, without appearing first-year law students. rented for 20+ years and never owned a home. to be directive in nature. I ask support As someone who also attended law We bought it with the pretense that Rich for this amendment. school, myself, I know how difficult would help us with the home loan and to and time consuming study can be—and build upon his career and life with his own f Chuck Wilkins was doing it with a host family as he was generating money in his MORNING BUSINESS management position at Jack in the Box res- of additional fulltime commitments! taurant. The house has not been built as of Mr. COCHRAN. Mr. President, I ask One of his advisees remembered how yet, but the looming cost of a home here in unanimous consent that there now be a helpful Chuck was:

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.065 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3549 Without Chuck, I doubt I would have made izen, a good soldier, a devoted family have been coordinated to keep the it through that very difficult first year [of man, and a compassionate human partnership together for years to come. law school]. He was always positive and up- being. Everyone who met him was Last year, an Alaska National Guard beat, and he was constantly encouraging [us] touched by him in some way. He will be delegation met with Prime Minister to never give up. We could always count on Chuck to lift us up when we were down. It dearly missed. Elbegdorj, as well as other senior level was important to him to make our first year My wife Fran and I continue to keep government and military leaders in journey a little bit better by sharing things his grandmother, Dorothy; his mother, Mongolia. Already plans to send ob- that weren’t available to him during his first Natalie; his father, Charles; and his sis- servers both this year and next have year. I’m glad he took the time to make our ters Lorin and Davina in our thoughts been made. first year law school world a better place. and our prayers. The success that the partnership en- Chuck Wilkins always made time for I yield the floor. joyed this past year is a direct reflec- others. As one of his co-workers said, f tion of the willingness and eagerness ‘‘He was always looking out for some- on both sides to further our relations. ALASKA-MONGOLIA TIES body else, never for himself.’’ It was The Alaska National Guard tells me this sense of selflessness led Chuck to Ms. MURKOWSKI. Mr. President, I that Mongolia is enthusiastic about Iraq. rise today to pay tribute to and recog- their democratic reforms and is aggres- Chuck was a member of the 216th En- nize the contributions of an ally to the sively working to meet its goals. gineering Battalion, based in Chil- United States, an ally that has contrib- I thank the leaders of Mongolia for licothe, OH. When his original unit was uted to our efforts in Afghanistan and their friendship and support, and I look passed over for deployment to Iraq, Iraq and who has worked in close co- forward to the continued success of Chuck sought a transfer to a unit that operation with my State of Alaska. this partnership between the Land of was scheduled to deploy in February of While their contributions have not the Midnight Sun and the Land of Blue 2004. The new unit needed officers, and received the widespread recognition Sky. the Iraqi people needed bridges and given to other countries, the nation of f roads. Once again, Chuck gave of him- Mongolia has been a steadfast friend of CAMBODIAN KHMER NEW YEAR self so that others would not go with- the United States. They have not been out. It was hard for Chuck to leave his deterred by those critics who deride Mr. REED. Mr. President. I rise career and his law school studies, but the quality of the nations included in today on behalf of my fellow Rhode Is- as his sister, Lorin, said, ‘‘He was the coalition forces. landers to commemorate the 2549th An- Army, through and through. He wanted Mongolia’s contributions mean a bit niversary of the Buddha, the Khmer to help rebuild Iraq so people could more to the State of Alaska. In Sep- New Year. have the same freedoms we do.’’ tember 2004, we marked the 1-year an- This 3-day anniversary, which begins As I said earlier, Chuck Wilkins niversary of the start of the Alaska- today, highlights the rich heritage of wanted the Iraqi people to ‘‘enjoy free- Mongolia National Guard State Part- Cambodian Americans, while recog- dom and inherit peace.’’ nership. nizing contemporary Khmerian accom- Though his sense of duty compelled Through the State Partnership Pro- plishments. Specifically, the New him to go, it still was hard for Chuck gram, a true friendship has developed Year’s festivities celebrate the ancient to leave his family—the family he between Mongolia and Alaska. Our Na- dance, music, and religious traditions loved so very much. Like any mother, tional Guard has established broad of the Cambodian community. The Natalie Wilkins did not want her son to working relationships and increased event also provides older Cambodian leave for war. She begged him not to go exchanges with their Mongolian part- Americans with an opportunity to pass and to seek an exemption, but Chuck ners. They stand side by side with the their customs down to future genera- would just reply, Mom, I can’t stay. I Mongolian Armed Forces in Iraq as tions while simultaneously allowing all have to go with my men.’’ While his they participate in the coalition fight- Khmerians to share their culture with deep sense of duty pulled him away ing the global war on terror. In fact, other Americans. from his loved ones here at home, the Mongolian Ministry of Defense spe- This celebration traditionally serves Chuck remained a family man’’ in cifically requested Alaska National as a respite between the Khmerian har- every sense of that phrase. His sister, Guard support based on Alaska’s rela- vest and the weeks colloquially re- Lorin, says that Chuck was always tionship with their nation. ferred to as the ‘‘rainy season.’’ Tradi- there for the family. She said that even I would like to quote MG Craig tionally, the Anniversary of the Bud- with his busy schedule, if you called Gambell that, ‘‘[a]s long as the Mongo- dha affords Khmerians a chance to give him, he would be there.’’ He took good lian Armed Forces are willing to send thanks, reflect, and welcome the spirit care of his mom and dad and his sis- troops in support of Operation Iraqi Tevada Chhnam Thmey. Also, in ac- ters, always making sure that his fam- Freedom, the Alaska National Guard cordance with tradition, scores of Cam- ily was provided for—whether he was will continue to stand by their side.’’ bodian-Americans will gather with home in Ohio or thousands of miles Prior to 2000, Mongolia did not have friends and family to visit local mon- away in Iraq. a national policy of deploying forces asteries. While there, the Khmerian Charles Wilkins, Jr.—Chuck’s fa- beyond its borders. Yet, they were the people will proffer food to their clergy- ther—says that one of his last memo- first coalition country to contribute an men, pray for ancestors, give charity ries of his son is of him swimming in a infantry battalion to Iraq. The Mongo- to the less-fortunate, forgive the mis- pool, playing with his nephew, laugh- lian Armed Forces are currently pro- deeds of others, and thank elders for ing. That is when Chuck Wilkins was viding security to a logistics base in their knowledge and care. happiest—that is when he was making southern Iraq, escorting convoys, con- The Khmerian ceremonies and activi- others happy, making them feel safe structing military barracks, medical ties occurring this week demonstrate and cared for and protected. facilities, and local schools. They de- that each year brings new opportuni- We honor the fallen because they serve special recognition for pre- ties for charity, peace, and happiness. have honored us—with their service, venting a suicide attack that could Rhode Islanders witnessed the realiza- with their sacrifice. Charles Wilkins have killed hundreds. tion of one such opportunity this year. not only gave himself to his country, Alaska’s pairing with Mongolia in I was fortunate to work with Miriam he gave a little bit of himself to every- the National Guard State Partnership Hospital in Providence and Representa- one he met. Program is fitting, given our similar tives Kennedy and Langevin to obtain When Charles passed away, his moth- geographic size, topography, popu- visas to reunite Cambodian-Rhode Is- er said that the world lost a good lation density, and climate. The pro- lander Minea Meas with his family. man—a man whose llfe was bound by gram allows Alaska’s soldiers to work Three long years after Minea received duty and good deeds. Our world is the with Mongolian forces on professional political asylum in our country, his lesser without him, but it is also the military skills as well as in military- wife, Chantol Lim, and his children better for the time he lived on this to-civil and civil-to-civil areas. Beyond Monita, Sovannra, and Sinvath joy- earth. Charles Wilkins was a good cit- the teamwork in Iraq, other events fully relocated from Cambodia to build

VerDate Aug 04 2004 04:57 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.071 S13PT1 S3550 CONGRESSIONAL RECORD — SENATE April 13, 2005 a positive future with Minea in Rhode bought Marathon and the sale of Max Ours is a better Nation and world for Island. Consequently, the Meas family Fisher’s 600,000 shares added another him having been in it. Thank you, will never forget the Year of the Mon- fortune to his fortune. Max.∑ key. Never content to rest on his laurels, f As we commemorate this important Max’s business interests continued. He EZION-MOUNT CARMEL UNITED time, let us reflect on recent inter- had successful ventures in food proc- METHODIST CHURCH national affairs and our Nation’s con- essing and real estate, including as a tinued efforts to promote universal partner in the purchase of the 77,000 ∑ Mr. BIDEN. Mr. President, I rise human rights and fundamental demo- acre Irvine Ranch in Orange County, today to commemorate the 200th anni- cratic ideals. Let us also take this op- CA, which was the largest private real versary of a true Delaware institution, portunity to honor the Cambodian estate transaction in American history Ezion-Mount Carmel United Methodist Americans currently serving in our Na- at the time. Church. Ezion-Mount Carmel stands as tion’s military, for helping to preserve One of the traits of Max Fisher that a testament to the power of faith and the liberties we all enjoy. I admire most is that he never aban- community. It has survived through Finally, I would like to wish all Cam- doned his friends in time of trouble. several incarnations to become a bea- bodian Americans happiness, pros- When others might have told him he con of light in Wilmington, and a con- perity, and good health in this, the had reason to do so, he remained loyal. stant reminder that we can—and we Year of the Rooster. After his friend Richard Nixon resigned must—triumph over adversity. f the presidency and entered a long win- Ezion-Mount Carmel’s history is as complex as one might expect from such ADDITIONAL STATEMENTS ter as a political pariah, Max reached out to him with encouraging words, a venerable institution. Its genesis was writing that ‘‘history will record the when the African-American members of the Old Asbury Methodist Church, TRIBUTE TO MAX M. FISHER great contribution you have made to the world.’’ He stuck by his friend Ger- unsatisfied with being forced to wor- ∑ Mr. VOINOVICH. Mr. President, he ship from the church’s balcony, found- was the son of poor Russian immi- ald Ford when Jimmy Carter narrowly defeated him in 1976. ed their own congregation and helped grants who grew up to be a citizen of establish the freedom to worship in Some say that after Ohio State, De- the world. He was a skilled business- Delaware. That congregation would ul- troit was Max’s first love. When riots man who devoted much of his time to timately come to be known as Ezion- erupted in Detroit in the late 1960s, giving away millions of dollars to char- Mount Carmel United Methodist Max did everything in his power to try ity. He was a modest man with a low Church, and it has survived war, fire to bring people of all races and faiths profile who was sought out by world and community strife with a clear pur- together. At his funeral, a retired Fed- leaders for his advice. pose and mission. eral judge told the story of how Max America has lost one of its finest Beyond its extraordinary past, Ezion- Fisher went down to City Hall to de- citizens with the passing last month of Mount Carmel is a dynamic force for mand the release of African American Max Fisher. good today. One of Wilmington’s com- citizens who were jailed for peaceful A former Member of this body, Jacob munity outreach leaders, the church protests. Max never gave up on De- Javits, called Max Fisher ‘‘perhaps the offers numerous programs which have a troit—and nearly everyone will tell single most important lay person in real, positive effect on the often trou- you that without Max, Detroit might the American Jewish community.’’ If bled community in which it resides. As not have survived as a viable urban for no other reason, his commitment to it has for two centuries, Ezion-Mount core. the Jewish people would have earned Carmel continues to be a place of ref- him the title, but the hundreds of mil- Max had the grace to see the innate uge and hope for those in need. It is lions of dollars he helped raise for Jew- value of people as children of God. I al- where a congregation and a community ish charitable causes further dem- ways felt good when I met with Max. gather to gain strength from each onstrated his devotion. His honesty was consuming and he other and from God, and to continue a Presidents Nixon and Ford turned to made you feel like you were the only legacy of remarkable achievement. him to serve as an unofficial emissary person he cared about. His example of For its noble past, its exciting to Israel during times of crisis in the giving generously and doing deeds of present and its promising future, I ask Middle East. His work was hailed by loving kindness inspired others to fol- that the Senate join me in congratu- Henry Kissinger in his autobiography. low suit. No one will ever be able to lating Ezion-Mount Carmel United Though a resident of Michigan as an calculate the money that would not Methodist Church on its 200th anniver- adult, Max Fisher was no Wolverine. have been given without Max’s exam- sary.∑ ple. He was a Buckeye through and f through. Max grew up in Salem, OH I will never forget the wonderful pro- and attended the Ohio State University gram that was held to honor Max when SOO LOCKS ANNIVERSARY on a football scholarship. In his time as we cut the ribbon to open the Max ∑ Mr. LEVIN. Mr. President, this year an athlete the world got a glimpse of Fisher College of Business at the Ohio marks the 150th anniversary of comple- the competitive spirit that was to State University. I am sure it was a tion of two of the four Soo Locks in the serve him so well in business. In one of special moment for Max to think about St. Marys River. These locks, com- his most famous plays as a Buckeye, what it meant for the son of an immi- pleted in 1855, provide the link between Max sacrificed four of his teeth when grant to have the College of Business Lake Superior and the rest of the he successfully blocked a punt with his named for him at one of the Nation’s Great Lakes at Sault Ste. Marie, MI. face. largest universities. And as an Ohio These locks have proved to be vital to After his graduation from Ohio State State alumnus and former football the economy of the Great Lakes region in 1930, Max headed for Detroit and player, I’m sure it was special to know as well as the nation as a whole. The began his career as a pioneer in the oil that just a stone’s throw away was the locks, in fact, handle more cargo than refining business. Max saw that the Horseshoe where he played football as the Panama Canal annually. The his- automobile would transform the na- a student. It was a fitting tribute to a tory of the Soo Locks is really the tion, and he had the vision to create great American who made a difference story of the settlement of the Midwest the refinery capacity necessary to run for his fellow man and country. and the rise of the region’s industrial those millions of new vehicles. He Like the Ohio State University’s Col- legacy. learned the business inside and out and lege of Business, the Detroit Symphony Lake Superior is separated from became a legend when he built another Orchestra’s performance hall also bears Lake Huron by the St. Marys River. oil company—Aurora Gasoline and its Max’s name. These twin monuments to Prior to the locks, rapids made naviga- affiliate, Speedway ’76—that, after a Max Fisher are a fitting tribute to a tion of this river impossible. The Ojib- series of mergers, became Marathon Oil man who was a genius in business and way Indians, and later white settlers, in 1962. Twenty years later, U.S. Steel every bit the passionate humanitarian. were forced to portage their small

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.074 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3551 boats around the rapids to reach Lake HONORING THE ACCOMPLISH- Similarly, Self-Help rehabilitates older Superior. Larger ships had to have MENTS OF KING’S DAUGHTERS homes to help families keep homes their cargo unloaded and then moved MEDICAL CENTER that may be run-down, and makes by wagon to the other side of the rap- ∑ Mr. BUNNING. Mr. President, I pay homes safer to live in. To date, Self- ids, where it could be loaded onto an- tribute and congratulate King’s Daugh- Help has rehabilitated 5,000 homes, ren- other ship. ters Medical Center of Ashland, KY. ovated 20,000 water and sewer connec- In the 1840s, extensive copper and This hospital has been named as one of tions, and weather-proofed 40,000 iron mining began in Michigan’s Upper the Solucient Top 100 Hospitals in homes. Peninsula, and several boomtowns soon America. Self-Help understands the impor- sprang up along Lake Superior’s King’s Daughters has been chosen for tance of providing affordable housing shores. Due to the lack of roads, all this award among every hospital in to families. For families who cannot travel and trade was done by boat. The America. This award cannot be applied own a home, Self-Help develops multi- increased traffic soon made it clear for; it is simply given to the hospitals family housing projects and establishes that continuing the loading and un- that rank among the best in clinical rent levels and financing plans to give loading of cargo at Sault Ste. Marie outcomes, patient safety, operational low-income families a chance to raise would not be possible. efficiency, financial results, and serv- their children in a safe and secure envi- An in 1852 gave 750,000 ice to the community. Solucient, a ronment. acres of public land to the State of leading source of health care business In its mission statement, Self-Help Michigan for use as compensation to intelligence, uses these five criteria to Enterprises states that all families the company that would build a system independently determine the best hos- really need is ‘‘someone to bridge the of locks between Lake Superior and the pitals in America. gulf between dreams and reality.’’ Self- other Great Lakes. The project was un- The citizens of Ashland should be Help is that bridge. I congratulate Self- dertaken by the Fairbanks Scale Com- proud of this hospital. Their success Help Enterprises on their 40th anniver- pany due to their mining interests in serves as an example of how Kentucky sary and wish them many more years the Upper Peninsula. ∑ is more than capable of providing elite- of continued success. Despite poor building conditions dur- level health care to its citizens. King’s f ing the cold winters, the two 350-foot Daughters Medical Center’s dedication locks were constructed within the 2- HABITAT FOR HUMANITY, FRESNO and hard work should be an inspiration year deadline set by the State. On May ∑ Mrs. BOXER. Mr. President, I take to the health care community of the 31, 1855, the locks were turned over to this opportunity to recognize the 20th Commonwealth. I wish them continued the State of Michigan and named the anniversary of Habitat for Humanity, success in the future.∑ State Lock. Fresno. The opening of the State Lock de- f Habitat for Humanity, Fresno was creased the cost of shipping iron ore formed in 1985. For the past 20 years, SELF-HELP ENTERPRISES from the Upper Peninsula to industrial Habitat for Humanity has been a cham- centers like Detroit, Chicago, and ∑ Mrs. BOXER. Mr. President, I rise to pion in the community on behalf of Cleveland, by more than half. This, commemorate the 40th anniversary of those who cannot afford homes. The along with railroad improvements, al- Self-Help Enterprises. Self-Help is an mission of Habitat for Humanity is to lowed Michigan’s Upper Peninsula to organization that helps low-income end poverty housing ‘‘by uniting indi- fuel America’s industrial revolution. families build their own homes. Now in viduals, families and communities to Michigan was able to lead the nation in its 40th year, Self-Help Enterprises has build decent, affordable housing.’’ iron production for almost 50 years. been instrumental in building over Since its inception, Habitat for Hu- Even today, about 22 percent of the 5,000 new homes in the San Joaquin manity, Fresno has helped build over 35 iron ore produced in the United States Valley. homes. The process through which it comes from Marquette County alone. As its name implies, Self-Help aids helps to build homes demonstrates its In 1881, it became clear that new families that try to help themselves. dedication to its mission. Habitat for locks would be necessary to keep up The mission of Self-Help Enterprises Humanity stresses that it does not with growing traffic. Additionally, the stresses that of personal responsibility, build homes for families. It facilitates State did not have the funds to im- pride in ownership and community. the building of homes. While the dif- prove the existing locks, so they were Through its various programs Self-Help ference may seem slight, it is in fact transferred to the jurisdiction of the not only helps to build houses, it builds one of the sources of success for this Army Corps of Engineers, where they communities. organization. To qualify for aid from have been ever since. To qualify for help a family must Habitat for Humanity, families must The current lock system consists of a demonstrate that it is committed to show that they are invested in building total of four locks, two of which are building their own home and that it is a home. This investment, or dedica- shallower and no longer used. The dedicated to helping others in the com- tion, will serve as the foundation from other two, the MacArthur and the Poe munity. In this way, Self-Help ensures which a house is built. locks, were completed in 1943 and 1968 that a sense of community is built. Habitat for Humanity chooses its respectively. The MacArthur lock is Families receive counseling through families regardless of ethnicity. It pro- used most often and can accommodate every step of the home building process vides aid to low income families who ships of up to 800 feet in length. Larger and are taught, not shown, how to show a willingness to partner with the ships need to use the Poe lock as it can build a house so that they may take community. This willingness to part- handle ships of up to 1,000 feet in pride in their work. Each family must ner serves to perpetuate an altruistic length. There are plans to build a new contribute at least 40 hours of ‘‘sweat sense of participation and involvement lock in place of the two unused locks, equity’’ a week towards building their within the community. And indeed, but funding has not been appropriated. home, with a total of 1,300–1,500 hours Habitat for Humanity is fueled by the Common cargos that pass through the of labor. Self-Help calls this sweat eq- dedication and goodwill of volunteers. locks today include iron ore, lime- uity the family’s down payment. Fami- Since 1985, Habitat for Humanity has stone, coal, grain, cement, salt and lies are organized into groups of 10 or hosted over 7,000 volunteers. These vol- sand. 12. From these groups families work to unteers range in age, ethnicity, gender Today the Great Lakes shipping in- build each others’ homes. Through co- and occupation. The diverse back- dustry and the Soo Locks still allow operative work Self-Help Enterprises ground of these volunteers is represent- many industries to stay competitive. helps an average of 150 families build ative of the far reach that Habitat for The Soo Locks shaped the economy of homes each year. Humanity has in the community. the Great Lakes region, and the engi- Self-Help Enterprises also works on The homes they construct are built neers who helped design and construct Community Development Projects de- with the love, strength and dedication the locks truly deserve to be remem- signed to improve the infrastructure of a community. The mission of Habi- bered and honored.∑ present in low-income neighborhoods. tat for Humanity goes far beyond

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.068 S13PT1 S3552 CONGRESSIONAL RECORD — SENATE April 13, 2005 merely building houses. Through its prehensive water strategy to address future tion, Department of Transportation, trans- work in the community Habitat for water needs; to the Committee on Environ- mitting, pursuant to law, the report of a rule Humanity not only builds houses, it mental and Public Works. entitled ‘‘Airworthiness Directives: Boeing H.R. 482. An act to provide for a land ex- builds strength within the community Model 757 Series Airplanes’’ ((RIN2120–AA64) change involving Federal lands in the Lin- (2005–0160)) received on April 7, 2005; to the and confidence in its recipients. coln National Forest in the State of New Committee on Commerce, Science, and I congratulate Habitat for Humanity, Mexico, and for other purposes; to the Com- Transportation. Fresno on the celebration of its 20th mittee on Energy and Natural Resources. EC–1628. A communication from the Pro- anniversary and wish them continued H.R. 541. An act to direct the Secretary of gram Analyst, Federal Aviation Administra- success.∑ Agriculture to convey certain land to Lander tion, Department of Transportation, trans- County, Nevada, and the Secretary of the In- mitting, pursuant to law, the report of a rule f terior to convey certain land to Eureka entitled ‘‘Airworthiness Directives: Dassault MESSAGE FROM THE PRESIDENT County, Nevada, for continued use as ceme- Model Falcon 2000EX and 900EX Series Air- teries; to the Committee on Energy and Nat- planes’’ ((RIN2120–AA64) (2005–0161)) received A message from the President of the ural Resources. on April 7, 2005; to the Committee on Com- United States was communicated to H.R. 794. An act to correct the south merce, Science, and Transportation. the Senate by Mr. Kalbaugh, one of his boundary of the Colorado River Indian Res- EC–1629. A communication from the Pro- secretaries. ervation in Arizona, and for other purposes; gram Analyst, Federal Aviation Administra- to the Committee on Indian Affairs. tion, Department of Transportation, trans- f f mitting, pursuant to law, the report of a rule EXECUTIVE MESSAGE REFERRED entitled ‘‘Airworthiness Directives: McDon- EXECUTIVE AND OTHER nell Douglas Model DC 8 Airplanes’’ As in the Presiding COMMUNICATIONS ((RIN2120–AA64) (2005–0146)) received on April Officer laid before the Senate a mes- The following communications were 7, 2005 ; to the Committee on Commerce, sage from the President of the United laid before the Senate, together with Science, and Transportation. EC–1630. A communication from the Pro- States submitting a nomination which accompanying papers, reports, and doc- was referred to the Committee on For- gram Analyst, Federal Aviation Administra- uments, and were referred as indicated: tion, Department of Transportation, trans- eign Relations. EC–1621. A communication from the Direc- mitting, pursuant to law, the report of a rule (The nomination received today is tor, National Oceanic and Atmospheric Ad- entitled ‘‘Airworthiness Directives: Pilatus printed at the end of the Senate pro- ministration, Department of Commerce, Aircraft Lrd. Models PC 12 and PC 12/45 Air- ceedings.) transmitting, pursuant to law, the Adminis- planes’’ ((RIN2120–AA64) (2005–0171)) received f tration’s 2005 annual report entitled ‘‘Atlan- on April 7, 2005; to the Committee on Com- tic Highly Migratory Species’’; to the Com- merce, Science, and Transportation. MESSAGE FROM THE HOUSE mittee on Commerce, Science, and Transpor- EC–1631. A communication from the Pro- tation. gram Analyst, Federal Aviation Administra- At 11:50 a.m., a message from the EC–1622. A communication from the Pro- tion, Department of Transportation, trans- House of Representatives, delivered by gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Ms. Niland, one of its reading clerks, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: General announced that the House has passed mitting, pursuant to law, the report of a rule Electric Company CF6–80C2 Turbofan En- the following bills, in which it requests entitled ‘‘Airworthiness Directives: The gines; CORRECTION’’ ((RIN2120–AA64) (2005– the concurrence of the Senate: Cessna Aircraft Company Models 172R, 172S, 0166)) received on April 7, 2005; to the Com- 182T, and T182T Airplanes; REQUEST FOR mittee on Commerce, Science, and Transpor- H.R. 18. An act to authorize the Secretary COMMENTS’’ ((RIN2120–AA64) (2005–0173)) re- tation. of the Interior, acting through the Bureau of ceived on April 7, 2005; to the Committee on EC–1632. A communication from the Pro- Reclamation and in coordination with other Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Federal, State, and local government agen- EC–1623. A communication from the Pro- tion, Department of Transportation, trans- cies, to participate in the funding and imple- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mentation of a balanced, long-term ground- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Airbus water remediation program in California, mitting, pursuant to law, the report of a rule Model A330, A340–200, and A340–300 Series and for other purposes. entitled ‘‘Airworthiness Directives: The Airplanes; CORRECTION’’ ((RIN2120–AA64) H.R. 135. An act to establish the ‘‘Twenty- Cessna Aircraft Company Models 402C, and (2005–0167)) received on April 7, 2005; to the First Century Water Commission’’ to study 414A Airplanes’’ ((RIN2120–AA64) (2005–0174)) Committee on Commerce, Science, and and develop recommendations for a com- received on April 7, 2005; to the Committee Transportation. prehensive water strategy to address future on Commerce, Science, and Transportation. EC–1633. A communication from the Pro- water needs. EC–1624. A communication from the Pro- gram Analyst, Federal Aviation Administra- H.R. 482. An act to provide for a land ex- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- change involving Federal lands in the Lin- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule coln National Forest in the State of New mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Mexico, and for other purposes. entitled ‘‘Airworthiness Directives: Airbus Aerospatiale Model ATR 42–200, 300, and 320 H.R. 541. An act to direct the Secretary of Model A310 Series Airplanes; and Model A300 Series Airplanes’’ ((RIN2120–AA64) (2005– Agriculture to convey certain land to Lander B4–600, B4–600, B4–500R, and F4–600R Series 0157)) received on April 7, 2005; to the Com- County, Nevada, and the Secretary of the In- Airplanes, and Model C4 605R Variant F Air- mittee on Commerce, Science, and Transpor- terior to convey certain land to Eureka planes; REQUEST FOR COMMENTS’’ tation. County, Nevada, for continued use as ceme- ((RIN2120–AA64) (2005–0175)) received on April EC–1634. A communication from the Pro- teries. 7, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- H.R. 794. An act to correct the south Science, and Transportation. tion, Department of Transportation, trans- boundary of the Colorado River Indian Res- EC–1625. A communication from the Pro- mitting, pursuant to law, the report of a rule ervation in Arizona, and for other purposes. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing f tion, Department of Transportation, trans- Model 747–100B SUD, 200B, 200C, 200F, and 300 mitting, pursuant to law, the report of a rule Series Airplanes’’ ((RIN2120–AA64) (2005– MEASURES REFERRED entitled ‘‘Airworthiness Directives: Honey- 0163)) received on April 7, 2005; to the Com- The following bills were read the first well International Inc. TFE731–2 and –3 Se- mittee on Commerce, Science, and Transpor- and the second times by unanimous ries Turbofan Engines’’ ((RIN2120–AA64) tation. (2005–0169)) received on April 7, 2005; to the EC–1635. A communication from the Pro- consent, and referred as indicated: Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- H.R. 18. An act to authorize the Secretary Transportation. tion, Department of Transportation, trans- of the Interior, acting through the Bureau of EC–1626. A communication from the Pro- mitting, pursuant to law, the report of a rule Reclamation and in coordination with other gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus Federal, State, and local government agen- tion, Department of Transportation, trans- Model A319, A320, and A321 Series Airplanes’’ cies, to participate in the funding and imple- mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0164)) received on April mentation of a balanced, long-term ground- entitled ‘‘Airworthiness Directives: Boeing 7, 2005; to the Committee on Commerce, water remediation program in California, Model 767–200 and 300 Series Airplanes; COR- Science, and Transportation. and for other purposes; to the Committee on RECTION’’ ((RIN2120–AA64) (2005–0170)) re- EC–1636. A communication from the Pro- Energy and Natural Resources. ceived on April 7, 2005; to the Committee on gram Analyst, Federal Aviation Administra- H.R. 135. An act to establish the ‘‘Twenty- Commerce, Science, and Transportation. tion, Department of Transportation, trans- First Century Water Commission’’ to study EC–1627. A communication from the Pro- mitting, pursuant to law, the report of a rule and develop recommendations for a com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.070 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3553 Model A300 B4300 622R and A300 F4 622R Air- EC–1645. A communication from the Pro- Model 737–300, 400, and 500 Series Airplanes planes’’ ((RIN2120–AA64) (2005–0165)) received gram Analyst, Federal Aviation Administra- Modified in Accordance with Supplemental on April 7, 2005; to the Committee on Com- tion, Department of Transportation, trans- Type Certificate’’ ((RIN2120–AA64) (2005– merce, Science, and Transportation. mitting, pursuant to law, the report of a rule 0143)) received on April 7, 2005; to the Com- EC–1637. A communication from the Pro- entitled ‘‘Airworthiness Directives: Empresa mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- Brasileira de Aeronautica Model EMB 135 tation. tion, Department of Transportation, trans- and 145 Series Airplanes’’ ((RIN2120–AA64) EC–1655. A communication from the Pro- mitting, pursuant to law, the report of a rule (2005–0153)) received on April 7, 2005; to the gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing Committee on Commerce, Science, and tion, Department of Transportation, trans- Model 727 Airplanes’’ ((RIN2120–AA64) (2005– Transportation. mitting, pursuant to law, the report of a rule 0150)) received on April 7, 2005; to the Com- EC–1646. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- 737–600, 700, 700C, 800, and 900 Series Air- tation. tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64) (2005–0139)) received EC–1638. A communication from the Pro- mitting, pursuant to law, the report of a rule on April 7, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Eagle merce, Science, and Transportation. tion, Department of Transportation, trans- Aircraft Sdn. Bhd. Model Eagle 150B Air- EC–1656. A communication from the Pro- mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64) (2005–0154)) received gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing on April 7, 2005; to the Committee on Com- tion, Department of Transportation, trans- Model 747–100, 100B, 100B SUD, 200B, 200C, merce, Science, and Transportation. mitting, pursuant to law, the report of a rule 200F and 300 Series Airplanes and Model EC–1647. A communication from the Pro- entitled ‘‘Airworthiness Directives: 747ST and 747SR Series Airplanes; Equipped gram Analyst, Federal Aviation Administra- Eurocopter France Model EC 155B and EC with Pratt and Whitney Model JT9D–3 or –7 tion, Department of Transportation, trans- 155B1 Helicopters’’ ((RIN2120–AA64) (2005– Series Engines’’ ((RIN2120–AA64) (2005–0151)) mitting, pursuant to law, the report of a rule 0140)) received on April 7, 2005; to the Com- received on April 7, 2005; to the Committee entitled ‘‘Airworthiness Directives: Pratt mittee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation. and Whitney JT9D–59A, 70A, 7Q and 7Q3 Tur- tation. EC–1639. A communication from the Pro- bofan Engines’’ ((RIN2120–AA64) (2005–0155)) EC–1657. A communication from the Pro- gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–1648. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Short Model A300 B2 and B4 Series Airplanes; A300 tion, Department of Transportation, trans- Brothers Model SD3 60 Series Airplanes’’ B4–600, B4–600R, and F4–600R Series Air- mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0127)) received on April planes, and Model C4–605R Variant F Air- entitled ‘‘Airworthiness Directives: Rolls 7, 2005; to the Committee on Commerce, planes (Collectively Called A300–600); and Royce plc Models 768–60, 772–60, and 772B–60 Science, and Transportation. A310 Series Airplanes’’ ((RIN2120–AA64) (2005– Turbofan Engines’’ ((RIN2120–AA64) (2005– EC–1658. A communication from the Pro- 0162)) received on April 7, 2005; to the Com- 0156)) received on April 7, 2005; to the Com- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- tation. mitting, pursuant to law, the report of a rule EC–1640. A communication from the Pro- tation. EC–1649. A communication from the Pro- entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Eurocopter France Model AS350B, BA, B1, tion, Department of Transportation, trans- tion, Department of Transportation, trans- B2, B3, C, D, D1, and EC130 B4 Helicopters’’ mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0128)) received on April entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: McDon- 7, 2005; to the Committee on Commerce, Model 747 200B, 200C, 200F, 300, and 747SR Se- nell Douglas Model MD 90 30 Airplanes’’ Science, and Transportation. ries Airplanes Equipped with General Elec- EC–1659. A communication from the Pro- tric CF6–45 or 50 Series Engines’’ ((RIN2120– ((RIN2120–AA64) (2005–0144)) received on April gram Analyst, Federal Aviation Administra- AA64) (2005–0168)) received on April 7, 2005; to 7, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- the Committee on Commerce, Science, and Science, and Transportation. EC–1650. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. EC–1641. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Eurocopter France Model EC 155B, EC155B1, tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule SA 360C, SA 365C, SA 365C1, SA 365C2, SA mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing 365N, SA 365N1, AS 365N2, AS 365 N3, and SA entitled ‘‘Airworthiness Directives: Airbus Model 757–200 Series Airplanes’’ ((RIN2120– 366G1 Helicopters’’ ((RIN2120–AA64) (2005– Model A300 B4–600, 600R, and F4–600R Series AA64) (2005–0145)) received on April 7, 2005; to 0129)) received on April 7, 2005; to the Com- Airplanes, and Model C4–605R Variant F Air- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- planes; and Model A310 Series Airplanes; Transportation. tation. Equipped with Certain Honeywell Inertial EC–1651. A communication from the Pro- EC–1660. A communication from the Pro- Reference Units’’ ((RIN2120–AA64) (2005–0148)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1642. A communication from the Pro- entitled ‘‘Airworthiness Directives: BAE entitled ‘‘Airworthiness Directives: Airbus gram Analyst, Federal Aviation Administra- Systems Limited Model BAe 146 Series Air- Model A300 B2 and B4 Series Airplanes’’ tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64) (2005–0147)) received ((RIN2120–AA64) (2005–0130)) received on April mitting, pursuant to law, the report of a rule on April 7, 2005; to the Committee on Com- 7, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: BAE merce, Science, and Transportation. Science, and Transportation. Limited Model BAE 146 and Avro 146RJ Se- EC–1652. A communication from the Pro- EC–1661. A communication from the Pro- ries Airplanes’’ ((RIN2120–AA64) (2005–0158)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on April 7, 2005; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1643. A communication from the Pro- entitled ‘‘Airworthiness Directives: BAE entitled ‘‘Airworthiness Directives: Bom- gram Analyst, Federal Aviation Administra- Systems Limited Model 4101 Airplanes’’ bardier Model CL 600–2B19 Airplanes’’ tion, Department of Transportation, trans- ((RIN2120–AA64) (2005–0149)) received on April ((RIN2120–AA64) (2005–0120)) received on April mitting, pursuant to law, the report of a rule 7, 2005; to the Committee on Commerce, 7, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: McDon- Science, and Transportation. Science, and Transportation. nell Douglas Model MD 90 30 Airplanes’’ EC–1653. A communication from the Pro- EC–1662. A communication from the Pro- ((RIN2120–AA64) (2005–0159)) received on April gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- 7, 2005; to the Committee on Commerce, tion, Department of Transportation, trans- tion, Department of Transportation, trans- Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1644. A communication from the Pro- entitled ‘‘Airworthiness Directives: Dornier entitled ‘‘Airworthiness Directives: Gulf- gram Analyst, Federal Aviation Administra- Model 328–300 Series Airplanes’’ ((RIN2120– stream Model GV SP Series Airplanes’’ tion, Department of Transportation, trans- AA64) (2005–0142)) received on April 7, 2005; to ((RIN2120–AA64) (2005–0119)) received on April mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and 7, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Boeing Transportation. Science, and Transportation. Model 757–200, 200CB, and 200PF Series Air- EC–1654. A communication from the Pro- EC–1663. A communication from the Pro- planes Equipped with Rolls Royce Model gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- RB211 Engines’’ ((RIN2120–AA64) (2005–0152)) tion, Department of Transportation, trans- tion, Department of Transportation, trans- received on April 7, 2005; to the Committee mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Airworthiness Directives: General

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.026 S13PT1 S3554 CONGRESSIONAL RECORD — SENATE April 13, 2005 Electric Company CT58 Series and Surplus mitting, pursuant to law, the report of a rule received on April 4, 2005; to the Committee Military T58 Series Turboshaft Engines’’ entitled ‘‘Establishment of Class E Airspace; on Commerce, Science, and Transportation. ((RIN2120–AA64) (2005–0124)) received on April Mifflintown, PA’’ ((RIN2120–AA66) (2005– EC–1683. A communication from the Pro- 7, 2005; to the Committee on Commerce, 0080)) received on April 4, 2005; to the Com- gram Analyst, Federal Aviation Administra- Science, and Transportation. mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- EC–1664. A communication from the Pro- tation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–1673. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Macon, MO’’ ((RIN2120–AA66) (2005–0075)) re- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on entitled ‘‘Airworthiness Directives: Bom- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. bardier Model CL 600 2B19 Airplanes and entitled ‘‘Establishment of Class E Airspace; EC–1684. A communication from the Pro- Model CL 600 1A11, 2A12, and CL 600 2B16, Se- Beluga, AK’’ ((RIN2120–AA66) (2005–0065)) re- gram Analyst, Federal Aviation Administra- ries Airplanes’’ ((RIN2120–AA64) (2005–0123)) ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- received on April 7, 2005; to the Committee Commerce, Science, and Transportation; to mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. the Committee on Commerce, Science, and entitled ‘‘Modification of Class E Airspace; EC–1665. A communication from the Pro- Transportation. Neosho, MO’’ ((RIN2120–AA66) (2005–0076)) re- gram Analyst, Federal Aviation Administra- EC–1674. A communication from the Pro- ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–1685. A communication from the Pro- entitled ‘‘Airworthiness Directives: COR- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- RECTION - Raytheon Aircraft Company 90, entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- 99, 100, 200, and 300 Series Airplanes ‘‘ Red Dog, AK’’ ((RIN2120–AA66) (2005–0059)) re- mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0137)) received on April ceived on April 4, 2005; to the Committee on entitled ‘‘Modification of Class E Airspace; 7, 2005; to the Committee on Commerce, Commerce, Science, and Transportation. Rolla/Vichy, MO’’ ((RIN2120–AA66) (2005– Science, and Transportation. EC–1675. A communication from the Pro- 0077)) received on April 4, 2005; to the Com- EC–1666. A communication from the Pro- gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–1686. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Bell Hel- Badami, AK’’ ((RIN2120–AA66) (2005–0060)) re- tion, Department of Transportation, trans- icopter Textron Canada Model 407 Heli- ceived on April 4, 2005; to the Committee on mitting, pursuant to law, the report of a rule copters’’ ((RIN2120–AA64) (2005–0136)) re- Commerce, Science, and Transportation. entitled ‘‘Modification of Class E Airspace; ceived on April 7, 2005; to the Committee on EC–1676. A communication from the Pro- Mount Comfort, IN’’ ((RIN2120–AA66) (2005– Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- 0070)) received on April 4, 2005; to the Com- EC–1667. A communication from the Pro- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tation. tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; EC–1687. A communication from the Pro- mitting, pursuant to law, the report of a rule Haines, AK’’ ((RIN2120–AA66) (2005–0058)) re- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Boeing ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- Model 767–200 and 300 Series Airplanes’’ Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule ((RIN2120–AA64) (2005–0135)) received on April EC–1677. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; 7, 2005; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Hibbing, MN’’ ((RIN2120–AA66) (2005–0069)) re- Science, and Transportation. tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on EC–1668. A communication from the Pro- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; EC–1688. A communication from the Pro- tion, Department of Transportation, trans- Angoon, AK’’ ((RIN2120–AA66) (2005–0064)) re- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule ceived on April 4, 2005; to the Committee on tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Rolls- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Royce Deutschland Ltd. and Co KG Model EC–1678. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; Tay 611–8, 620–15, 650–15, and 651–54 Turbofan gram Analyst, Federal Aviation Administra- Mean, AR’’ ((RIN2120–AA66) (2005–0066)) re- Engines’’ ((RIN2120–AA64) (2005–0138)) re- tion, Department of Transportation, trans- ceived on April 4, 2005; to the Committee on ceived on April 7, 2005; to the Committee on mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. Commerce, Science, and Transportation. entitled ‘‘Establishment of Class E Airspace; EC–1689. A communication from the Pro- EC–1669. A communication from the Pro- Kulik Lake, AK’’ ((RIN2120–AA66) (2005–0057)) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- received on April 4, 2005; to the Committee tion, Department of Transportation, trans- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–1679. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- Mountain Grove, MO’’ ((RIN2120–AA66) (2005– Raytheon Model DH 125, HS 125, and BH 125 tion, Department of Transportation, trans- 0068)) received on April 4, 2005; to the Com- Series Airplanes; BAe 125 Series 800A, and mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- 800B Airplanes; and Hawker 800 and 800XP entitled ‘‘Establishment of Class E Airspace; tation. Airplanes; Equipped with TFE731 Engines’’ Prospect Creek, AK’’ ((RIN2120–AA66) (2005– EC–1690. A communication from the Pro- ((RIN2120–AA64) (2005–0132)) received on April 0056)) received on April 4, 2005; to the Com- gram Analyst, Federal Aviation Administra- 7, 2005; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Science, and Transportation. tation. mitting, pursuant to law, the report of a rule EC–1670. A communication from the Pro- EC–1680. A communication from the Pro- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Lexington, MO; CONFIRMATION OF EF- tion, Department of Transportation, trans- tion, Department of Transportation, trans- FECTIVE DATE’’ ((RIN2120–AA66) (2005– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 0049)) received on April 4, 2005; to the Com- entitled ‘‘Airworthiness Directives: BAE entitled ‘‘Establishment of Class E Airspace; mittee on Commerce, Science, and Transpor- Systems Limited Model BAe 146 Series Air- Seward, AK’’ ((RIN2120–AA66) (2005–0055)) re- tation. planes and Model Avro 146 RJ Series Air- ceived on April 4, 2005; to the Committee on EC–1691. A communication from the Pro- planes’’ ((RIN2120–AA64) (2005–0133)) received Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- on April 7, 2005; to the Committee on Com- EC–1681. A communication from the Pro- tion, Department of Transportation, trans- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–1671. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Rolla, MO’’ ((RIN2120–AA66) (2005–0046)) re- tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; ceived on April 4, 2005; to the Committee on mitting, pursuant to law, the report of a rule Annette Island, Metlakatia, AK’’ ((RIN2120– Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: Bell Hel- AA66) (2005–0061)) received on April 4, 2005; to EC–1692. A communication from the Pro- icopter Textron A Division of Textron Can- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- ada Model 222, 222B, 222U, and 230 Heli- Transportation. tion, Department of Transportation, trans- copters’’ ((RIN2120–AA64) (2005–0134)) re- EC–1682. A communication from the Pro- mitting, pursuant to law, the report of a rule ceived on April 7, 2005; to the Committee on gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; Commerce, Science, and Transportation. tion, Department of Transportation, trans- Rolla/Vivhy, MO’’ ((RIN2120–AA66) (2005– EC–1672. A communication from the Pro- mitting, pursuant to law, the report of a rule 0047)) received on April 4, 2005; to the Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Coffeyville, KS’’ ((RIN2120–AA66) (2005–0078)) tation.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.028 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3555 EC–1693. A communication from the Pro- *Luis Luna, of Maryland, to be an Assist- By Mr. JOHNSON (for himself, Mr. gram Analyst, Federal Aviation Administra- ant Administrator of the Environmental THUNE, Mr. DAYTON, Mr. LAUTEN- tion, Department of Transportation, trans- Protection Agency. BERG, Mr. KENNEDY, and Mr. ROCKE- mitting, pursuant to law, the report of a rule *Stephen L. Johnson, of Maryland, to be FELLER): entitled ‘‘Modification of Class E Airspace; Administrator of the Environmental Protec- S. 776. A bill to designate certain functions Boone, IA; CONFIRMATION OF EFFECTIVE tion Agency. performed at flight service stations of the DATE’’ ((RIN2120–AA66) (2005–0048)) received *D. Michael Rappoport, of Arizona, to be a Federal Aviation Administration as inher- on April 4, 2005; to the Committee on Com- Member of the Board of Trustees of the Mor- ently governmental functions, and for other merce, Science, and Transportation. ris K. Udall Scholarship and Excellence in purposes; to the Committee on Commerce, EC–1694. A communication from the Pro- National Environmental Policy Foundation Science, and Transportation. gram Analyst, Federal Aviation Administra- for a term expiring October 6, 2008. By Mr. SARBANES: tion, Department of Transportation, trans- *Michael Butler, of Tennessee, to be a S. 777. A bill to designate Catoctin Moun- mitting, pursuant to law, the report of a rule Member of the Board of Trustees of the Mor- tain Park in the State of Maryland as the entitled ‘‘Modification of Class E Airspace; ris K. Udall Scholarship and Excellence in ‘‘Catoctin Mountain National Recreation Coffeyville, KS’’ ((RIN2120–AA66) (2005–0053)) National Environmental Policy Foundation Area’’, and for other purposes; to the Com- received on April 4, 2005; to the Committee for a term expiring October 6, 2008. mittee on Energy and Natural Resources. on Commerce, Science, and Transportation. *Major General Don T. Riley, United By Mrs. BOXER (for herself and Mr. EC–1695. A communication from the Pro- States Army, to be a Member and President LAUTENBERG): gram Analyst, Federal Aviation Administra- of the Mississippi River Commission. S. 778. A bill to amend title XVIII and XIX tion, Department of Transportation, trans- *Brigadier General William T. Grisoli, of the Social Security Act to require a phar- mitting, pursuant to law, the report of a rule United States Army, to be a Member of the macy that receives payments or has con- entitled ‘‘Modification of Class E Airspace; Mississippi River Commission. tracts under the medicare and medicaid pro- Nevada, MO’’ ((RIN2120–AA66) (2005–0041)) re- *Nomination was reported with rec- grams to ensure that all valid prescriptions ceived on April 4, 2005; to the Committee on ommendation that it be confirmed sub- are filled without unnecessary delay or in- Commerce, Science, and Transportation. ject to the nominee’s commitment to terference; to the Committee on Finance. By Mr. DORGAN (for himself and Mr. EC–1696. A communication from the Pro- respond to requests to appear and tes- gram Analyst, Federal Aviation Administra- LEVIN): tion, Department of Transportation, trans- tify before any duly constituted com- S. 779. A bill to amend the Internal Rev- mitting, pursuant to law, the report of a rule mittee of the Senate. enue Code of 1986 to treat controlled foreign entitled ‘‘Modification of Class E Airspace; f corporations established in tax havens as do- Ozark, MO’’ ((RIN2120–AA66) (2005–0040)) re- mestic corporations; to the Committee on ceived on April 4, 2005; to the Committee on INTRODUCTION OF BILLS AND Finance. Commerce, Science, and Transportation. JOINT RESOLUTIONS f The following bills and joint resolu- f SUBMISSION OF CONCURRENT AND tions were introduced, read the first REPORTS OF COMMITTEES SENATE RESOLUTIONS and second times by unanimous con- The following reports of committees sent, and referred as indicated: The following concurrent resolutions were submitted: By Ms. SNOWE: and Senate resolutions were read, and By Ms. COLLINS, from the Committee on S. 769. A bill to enhance compliance assist- referred (or acted upon), as indicated: Homeland Security and Governmental Af- ance for small businesses; to the Committee By Mr. SALAZAR (for himself and Mr. fairs: on Small Business and Entrepreneurship. ALLARD): Special Report entitled ‘‘The Role of Pro- By Mr. LEVIN (for himself, Ms. COL- S. Res. 106. A resolution congratulating the fessional Firms in the U.S. Tax Shelter In- LINS, Mr. JEFFORDS, Ms. STABENOW, University of Denver Pioneers men’s hockey dustry’’ (Rept. No. 109–54). Mr. DEWINE, Mr. BAYH, Mr. DAYTON, team, 2005 National Collegiate Athletic Asso- By Ms. COLLINS, from the Committee on Mr. LEAHY, Mr. KENNEDY, Mr. REED, ciation Division I Hockey Champions; con- Homeland Security and Governmental Af- Mr. LAUTENBERG, Mr. WARNER, and sidered and agreed to. fairs: Mr. AKAKA): f Special Report entitled ‘‘Profiteering in a S. 770. A bill to amend the Nonindigenous Non-Profit Industry: Abusive Practices in Aquatic Nuisance Prevention and Control ADDITIONAL COSPONSORS Credit Counseling’’ (Rept. No. 109-55). Act of 1990 to reauthorize and improve that S. 65 By Mr. STEVENS, from the Committee on Act; to the Committee on Environment and At the request of Mr. INHOFE, the Commerce, Science, and Transportation, Public Works. with an amendment: By Mr. ALLARD: names of the Senator from Mississippi S. 362. A bill to establish a program within S. 771. A bill to better assist low-income (Mr. COCHRAN) and the Senator from the National Oceanic and Atmospheric Ad- families to obtain decent, safe, and afford- Texas (Mr. CORNYN) were added as co- ministration and the United States Coast able housing as a means of increasing their sponsors of S. 65, a bill to amend the Guard to help identify, determine sources of, economic and personal well-being through age restrictions for pilots. assess, reduce, and prevent marine debris the conversion of the existing section 8 hous- S. 172 and its adverse impacts on the marine envi- ing choice voucher program into a flexible At the request of Mr. DEWINE, the ronment and navigation safety, in coordina- voucher program, and for other purposes; to tion with non-Federal entities, and for other the Committee on Banking, Housing, and names of the Senator from North Da- purposes (Rept. No. 109–56). Urban Affairs. kota (Mr. DORGAN), the Senator from By Mr. STEVENS, from the Committee on By Mr. CORNYN (for himself and Mr. Maine (Ms. COLLINS), the Senator from Commerce, Science, and Transportation, HARKIN): Iowa (Mr. HARKIN) and the Senator without amendment: S. 772. A bill to amend the Internal Rev- from North Carolina (Mr. BURR) were S. 39. A bill to establish a coordinated na- enue Code of 1986 to expand workplace health added as cosponsors of S. 172, a bill to tional ocean exploration program within the incentives by equalizing the tax con- amend the Federal Food, Drug, and sequences of employee athletic facility use; National Oceanic and Atmospheric Adminis- Cosmetic Act to provide for the regula- tration (Rept. No. 109–57). to the Committee on Finance. S. 148. A bill to establish a United States By Mr. CORZINE: tion of all contact lenses as medical de- Boxing Commission to administer the Act, S. 773. A bill to ensure the safe and secure vices, and for other purposes. and for other purposes (Rept. No. 109–58). transportation by rail of extremely haz- S. 288 ardous materials; to the Committee on Com- f At the request of Mr. GREGG, the merce, Science, and Transportation. name of the Senator from Oregon (Mr. EXECUTIVE REPORTS OF By Mr. BUNNING: SMITH) was added as a cosponsor of S. COMMITTEES S. 774. A bill to amend the Internal Rev- enue Code of 1986 to repeal the 1993 income 288, a bill to extend Federal funding for The following executive reports of tax increase on Social Security benefits; to operation of State high risk health in- committees were submitted: the Committee on Finance. surance pools. By Mr. DOMENICI for the Committee on By Mr. INHOFE (for himself and Mr. S. 289 Energy and Natural Resources. COBURN): At the request of Mr. DEWINE, the *David Garman, of Virginia, to be Under S. 775. A bill to designate the facility of name of the Senator from Illinois (Mr. Secretary of Energy. the United States Postal Service located at By Mr. INHOFE for the Committee on En- 123 W. 7th Street in Holdenville, Oklahoma, DURBIN) was added as a cosponsor of S. vironment and Public Works. as the ‘‘Boone Pickens Post Office’’; to the 289, a bill to authorize an annual appro- *John Paul Woodley, Jr., of Virginia, to be Committee on Homeland Security and Gov- priation of $10,000,000 for mental health an Assistant Secretary of the Army. ernmental Affairs. courts through fiscal year 2011.

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.029 S13PT1 S3556 CONGRESSIONAL RECORD — SENATE April 13, 2005 S. 300 S. 557 to be proposed to H.R. 1268, making At the request of Ms. COLLINS, the At the request of Mr. COBURN, the emergency supplemental appropria- names of the Senator from Missouri name of the Senator from South Caro- tions for the fiscal year ending Sep- (Mr. TALENT) and the Senator from lina (Mr. DEMINT) was added as a co- tember 30, 2005, to establish and rapidly Michigan (Ms. STABENOW) were added sponsor of S. 557, a bill to provide that implement regulations for State driv- as cosponsors of S. 300, a bill to extend Executive Order 13166 shall have no er’s license and identification docu- the temporary increase in payments force or effect, to prohibit the use of ment security standards, to prevent under the medicare program for home funds for certain purposes, and for terrorists from abusing the asylum health services furnished in a rural other purposes. laws of the United States, to unify ter- area. S. 582 rorism-related grounds for inadmis- S. 308 At the request of Mr. HAGEL, his sibility and removal, to ensure expedi- At the request of Mr. LAUTENBERG, name was added as a cosponsor of S. tious construction of the San Diego the name of the Senator from New 582, a bill to require the Secretary of border fence, and for other purposes. York (Mrs. CLINTON) was added as a co- the Treasury to mint coins in com- AMENDMENT NO. 333 sponsor of S. 308, a bill to require that memoration of the 50th anniversary of At the request of Mr. KERRY, the Homeland Security grants related to the desegregation of the Little Rock names of the Senator from New Jersey terrorism preparedness and prevention Central High School in Little Rock, (Mr. LAUTENBERG), the Senator from Il- be awarded based strictly on an assess- Arkansas, and for other purposes. linois (Mr. DURBIN), the Senator from ment of risk, threat, and S. 633 West Virginia (Mr. BYRD) and the Sen- vulnerabilities. At the request of Mr. JOHNSON, the ator from Arkansas (Mrs. LINCOLN) S. 352 name of the Senator from Washington were added as cosponsors of amend- At the request of Ms. MIKULSKI, the (Mrs. MURRAY) was added as a cospon- ment No. 333 proposed to H.R. 1268, name of the Senator from Louisiana sor of S. 633, a bill to require the Sec- making emergency supplemental ap- (Ms. LANDRIEU) was added as a cospon- retary of the Treasury to mint coins in propriations for the fiscal year ending sor of S. 352, a bill to revise certain re- commemoration of veterans who be- September 30, 2005, to establish and quirements for H–2B employers and re- came disabled for life while serving in rapidly implement regulations for quire submission of information re- the Armed Forces of the United States. State driver’s license and identifica- garding H–2B non-immigrants, and for S. 697 tion document security standards, to other purposes. At the request of Mr. OBAMA, the prevent terrorists from abusing the S. 357 name of the Senator from Illinois (Mr. asylum laws of the United States, to At the request of Mr. BINGAMAN, the DURBIN) was added as a cosponsor of S. unify terrorism-related grounds for in- name of the Senator from Illinois (Mr. 697, a bill to amend the Higher Edu- admissibility and removal, to ensure DURBIN) was added as a cosponsor of S. cation Act of 1965 to improve higher expeditious construction of the San 357, a bill to expand and enhance education, and for other purposes. Diego border fence, and for other pur- postbaccalaureate opportunities at His- poses. panic-serving institutions, and for S. 757 other purposes. At the request of Ms. CANTWELL, her AMENDMENT NO. 334 name was added as a cosponsor of S. S. 382 At the request of Mr. KERRY, the 757, a bill to amend the Public Health At the request of Mr. ENSIGN, the names of the Senator from New Jersey Service Act to authorize the Director name of the Senator from New York (Mr. LAUTENBERG), the Senator from of the National Institute of Environ- (Mr. SCHUMER) was added as a cospon- Colorado (Mr. SALAZAR), the Senator mental Health Sciences to make grants sor of S. 382, a bill to amend title 18, from Illinois (Mr. DURBIN), the Senator for the development and operation of , to strengthen pro- from West Virginia (Mr. BYRD) and the research centers regarding environ- hibitions against animal fighting, and Senator from Arkansas (Mrs. LINCOLN) mental factors that may be related to for other purposes. were added as cosponsors of amend- the etiology of breast cancer. S. 424 ment No. 334 proposed to H.R. 1268, S. 758 At the request of Mr. BOND, the name making emergency supplemental ap- of the Senator from Hawaii (Mr. At the request of Mr. ALLEN, the propriations for the fiscal year ending AKAKA) was added as a cosponsor of S. name of the Senator from South Caro- September 30, 2005, to establish and 424, a bill to amend the Public Health lina (Mr. DEMINT) was added as a co- rapidly implement regulations for Service Act to provide for arthritis re- sponsor of S. 758, a bill to amend the State driver’s license and identifica- search and public health, and for other Internal Revenue Code of 1986 to ensure tion document security standards, to purposes. that the federal excise tax on commu- prevent terrorists from abusing the nication services does not apply to S. 432 asylum laws of the United States, to internet access service. At the request of Mr. ALLEN, the unify terrorism-related grounds for in- names of the Senator from Arkansas S. 765 admissibility and removal, to ensure (Mr. PRYOR) and the Senator from At the request of Mr. WARNER, the expeditious construction of the San Montana (Mr. BURNS) were added as co- name of the Senator from Hawaii (Mr. Diego border fence, and for other pur- sponsors of S. 432, a bill to establish a AKAKA) was added as a cosponsor of S. poses. digital and wireless network tech- 765, a bill to preserve mathematics- and AMENDMENT NO. 340 science-based industries in the United nology program, and for other pur- At the request of Mr. DEWINE, the poses. States. names of the Senator from North Caro- S. 438 S. CON. RES. 17 lina (Mrs. DOLE), the Senator from At the request of Mr. ENSIGN, the At the request of Mr. BIDEN, the Massachusetts (Mr. KENNEDY), the Sen- name of the Senator from Massachu- name of the Senator from New York ator from Colorado (Mr. SALAZAR) and setts (Mr. KERRY) was added as a co- (Mrs. CLINTON) was added as a cospon- the Senator from New Jersey (Mr. sponsor of S. 438, a bill to amend title sor of S. Con. Res. 17, a concurrent res- CORZINE) were added as cosponsors of XVIII of the Social Security Act to re- olution calling on the North Atlantic amendment No. 340 intended to be pro- peal the medicare outpatient rehabili- Treaty Organization to assess the po- posed to H.R. 1268, making emergency tation therapy caps. tential effectiveness of and require- supplemental appropriations for the S. 467 ments for a NATO-enforced no-fly zone fiscal year ending September 30, 2005, At the request of Mr. DODD, the name in the Darfur region of Sudan. to establish and rapidly implement of the Senator from Illinois (Mr. AMENDMENT NO. 316 regulations for State driver’s license OBAMA) was added as a cosponsor of S. At the request of Mr. NELSON of Flor- and identification document security 467, a bill to extend the applicability of ida, the name of the Senator from Illi- standards, to prevent terrorists from the Terrorism Risk Insurance Act of nois (Mr. OBAMA) was added as a co- abusing the asylum laws of the United 2002. sponsor of amendment No. 316 intended States, to unify terrorism-related

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.024 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3557 grounds for inadmissibility and re- amendment No. 356 proposed to H.R. not maintain the staff, or possess the moval, to ensure expeditious construc- 1268, supra. resources to answer these questions. tion of the San Diego border fence, and f This is a disadvantage when compared for other purposes. to larger businesses, and reduces the STATEMENTS ON INTRODUCED AMENDMENT NO. 341 effectiveness of the agency’s regula- BILLS AND JOINT RESOLUTIONS At the request of Mr. DEWINE, the tions. The SBA’s Office of Advocacy names of the Senator from Massachu- has determined that regulatory compli- By Ms. SNOWE: ance costs small businesses with less setts (Mr. KENNEDY), the Senator from S. 769. A bill to enhance compliance New Jersey (Mr. CORZINE) and the Sen- than 20 employees almost $7,000 per assistance for small businesses; to the employee, compared to almost $4,500 ator from Colorado (Mr. SALAZAR) were Committee on Small Business and En- added as cosponsors of amendment No. for companies with more than 500 em- trepreneurship. ployees. If an agency can not describe 341 intended to be proposed to H.R. Ms. SNOWE. Mr. President, as Chair 1268, making emergency supplemental how to comply with its regulation, how of the Senate Committee on Small can we expect a small business to fig- appropriations for the fiscal year end- Business and Entrepreneurship, regu- ing September 30, 2005, to establish and ure it out? This is the reason the re- latory fairness remains one of my top quirement to provide compliance as- rapidly implement regulations for priorities. In 1996, I was pleased to sup- State driver’s license and identifica- sistance was originally included in port, along with all of my colleagues, SBREFA. That reason is as valid today tion document security standards, to the Small Business Regulatory En- prevent terrorists from abusing the as it was in 1996. forcement Fairness Act, SBREFA, Specifically, my bill would do the fol- asylum laws of the United States, to which made the Regulatory Flexibility unify terrorism-related grounds for in- lowing: Act more effective in curtailing the Clarify how a guide shall be des- admissibility and removal, to ensure impact of regulations on small busi- expeditious construction of the San ignated: Section 212 of SBREFA cur- nesses. One of the most important pro- rently requires that agencies ‘‘des- Diego border fence, and for other pur- visions of SBREFA compels agencies to poses. ignate’’ the publications prepared produce compliance assistance mate- under the section as small entity com- AMENDMENT NO. 342 rials to help small businesses satisfy pliance guides. However, the form in At the request of Mr. DEWINE, the the requirements of agency regula- which those designations should occur names of the Senator from Tennessee tions. Unfortunately, over the years, is not clear. Consistent use of the (Mr. ALEXANDER), the Senator from Il- agencies have failed to achieve this re- phrase ‘‘Small Entity Compliance linois (Mr. DURBIN), the Senator from quirement. Consequently, small busi- Guide’’ in the title could make it easier Oregon (Mr. SMITH), the Senator from nesses have been forced to figure out for small entities to locate the guides Pennsylvania (Mr. SPECTER), the Sen- on their own how to comply with these that the agencies develop. This would ator from New Jersey (Mr. LAUTEN- regulations. This makes compliance also aid in using on line searches—a BERG) and the Senator from Massachu- that much more difficult to achieve, technology that was not widely used setts (Mr. KENNEDY) were added as co- and therefore reduces the effectiveness when SBREFA was passed. Thus, agen- sponsors of amendment No. 342 in- of the regulations. cies would be directed to publish guides tended to be proposed to H.R. 1268, The Government Accountability Of- entitled ‘‘Small Entity Compliance making emergency supplemental ap- fice, GAO, found that agencies have ig- Guide.’’ propriations for the fiscal year ending nored this requirement or failed miser- Clarify how a guide shall be pub- September 30, 2005, to establish and ably in their attempts to satisfy it. lished: Section 212 currently states rapidly implement regulations for The GAO also found that SBREFA’s agencies ‘‘shall publish’’ the guides, State driver’s license and identifica- language is unclear in some places but does not indicate where or how tion document security standards, to about what is actually required. That they should be published. At least one prevent terrorists from abusing the is why today, I am introducing The agency has published the guides as part asylum laws of the United States, to Small Business Compliance Assistance of the preamble to the subject rule, unify terrorism-related grounds for in- Enhancement Act of 2005, to close thereby requiring affected small enti- admissibility and removal, to ensure those loopholes, and to make it clear ties to read the Federal Register to ob- expeditious construction of the San that we were serious when we first told tain the guides. Agencies would be di- Diego border fence, and for other pur- agencies, and that we want them to rected, at a minimum, to make their poses. produce quality compliance assistance compliance guides available through AMENDMENT NO. 356 materials to help small businesses un- their websites in an easily accessible At the request of Mr. DURBIN, the derstand how to deal with regulations. way. In addition, agencies would be di- names of the Senator from Massachu- My bill is drawn directly from the rected to forward their compliance setts (Mr. KERRY), the Senator from GAO recommendations and is intended guides to known industry contacts Louisiana (Ms. LANDRIEU), the Senator only to clarify an already existing re- such as small businesses or associa- from Maryland (Mr. SARBANES), the quirement—not to add anything new. tions with small business members Senator from Vermont (Mr. LEAHY), Similarly, the compliance guides that that will be affected by the regulation. the Senator from Arkansas (Mrs. LIN- the agencies will produce will be sug- Clarify when a guide shall be pub- COLN), the Senator from New Jersey gestions about how to satisfy a regula- lished: Section 212 does not indicate (Mr. LAUTENBERG) and the Senator tion’s requirements, and will not im- when the compliance guides should be from Colorado (Mr. SALAZAR) were pose further requirements or additional published. Therefore, even if an agency added as cosponsors of amendment No. enforcement measures. Nor does this is required to produce a compliance 356 proposed to H.R. 1268, making emer- bill, in any way, interfere or undercut guide, it can claim that it has not vio- gency supplemental appropriations for agencies’ ability to enforce their regu- lated the publishing requirement be- the fiscal year ending September 30, lations to the full extent they cur- cause there is no clear deadline. Agen- 2005, to establish and rapidly imple- rently enjoy. Bad actors must be cies would be instructed to publish the ment regulations for State driver’s li- brought to justice, but if the only trig- compliance guides simultaneously cense and identification document se- ger for compliance is the threat of en- with, or as soon as possible after, the curity standards, to prevent terrorists forcement, then agencies will never final rule is published, provided that from abusing the asylum laws of the achieve the goals at which their regu- the guides must be published no later United States, to unify terrorism-re- lations are directed. than the effective date of the rule’s lated grounds for inadmissibility and The key to helping small businesses compliance requirements. removal, to ensure expeditious con- comply with these regulations is to Clarify the term ‘‘compliance re- struction of the San Diego border provide assistance—showing them what quirements’’: The term ‘‘compliance fence, and for other purposes. is necessary and how they will be able requirements’’ also needs to be clari- At the request of Mr. OBAMA, his to tell when they have met their obli- fied. At a minimum, compliance re- name was added as a cosponsor of gations. Too often, small businesses do quirements must identify what small

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.025 S13PT1 S3558 CONGRESSIONAL RECORD — SENATE April 13, 2005 businesses must do to satisfy the re- (1) To clarify the requirement contained in Business Compliance Assistance Enhance- quirements and how they will know section 212 of the Small Business Regulatory ment Act of 2005, and annually thereafter, that they have met these require- Enforcement Fairness Act of 1996 (5 U.S.C. the head of each agency shall submit a re- ments. This should include a descrip- 601 note) for agencies to produce small entity port to the Committee on Small Business compliance guides. and Entrepreneurship of the Senate and the tion of the procedures a small business (2) To clarify other terms relating to the Committee on Small Business of the House might use to meet the requirements. requirement in section 212 of the Small Busi- of Representatives describing the status of For example, if, as is the case with ness Regulatory Enforcement Fairness Act the agency’s compliance with paragraphs (1) many OSHA and EPA regulations, test- of 1996 (5 U.S.C. 601 note). through (5).’’. ing is required, the agency should ex- (3) To ensure that agencies produce ade- (b) TECHNICAL AND CONFORMING AMEND- plain how that testing might be con- quate and useful compliance assistance ma- MENT.—Section 211(3) of the Small Business ducted. The bill makes clear that the terials to help small businesses meet the ob- Regulatory Enforcement Fairness Act of 1996 ligations imposed by regulations affecting (5 U.S.C. 601 note) is amended by inserting procedural description should be mere- such small businesses, and to increase com- ‘‘and entitled’’ after ‘‘designated’’. ly suggestive—an agency would not be pliance with these regulations. By Mr. LEVIN (for himself, Ms. COL- able to enforce this procedure if a SEC. 3. ENHANCED COMPLIANCE ASSISTANCE LINS, Mr. JEFFORDS, Ms. STABENOW, Mr. small business was able to satisfy the FOR SMALL BUSINESSES. DEWINE, Mr. BAYH, Mr. DAYTON, Mr. (a) IN GENERAL.—Section 212 of the Small requirements through a different ap- LEAHY, Mr. KENNEDY, Mr. REED, Mr. Business Regulatory Enforcement Fairness proach. LAUTENBERG, Mr. WARNER, and Mr. It is time we get serious about ensur- Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (a) and inserting the fol- AKAKA): ing that small businesses have the as- lowing: S. 770. A bill to amend the Nonindige- sistance they need to deal with the ‘‘(a) COMPLIANCE GUIDE.— nous Aquatic Nuisance Prevention and maze of Federal regulations we expect ‘‘(1) IN GENERAL.—For each rule or group of Control Act of 1990 to reauthorize and them to handle on a daily basis. The related rules for which an agency is required improve that Act; to the Committee on Small Business Compliance Assistance to prepare a final regulatory flexibility anal- Environment and Public Works. Enhancement Act of 2005 will make a ysis under section 605(b) of title 5, United Mr. LEVIN. Mr. President, today my States Code, the agency shall publish 1 or significant contribution to that effort. more guides to assist small entities in com- colleague from Maine, Senator COLLINS I ask unanimous consent that the plying with the rule and shall entitle such and I are very pleased to introduce the text of the bill be printed in the publications ‘small entity compliance National Aquatic Invasive Species Act RECORD. guides’. of 2005. This bill, which reauthorizes There being no objection, the bill was ‘‘(2) PUBLICATION OF GUIDES.—The publica- the Nonindigenous Aquatic Nuisance ordered to be printed in the RECORD, as tion of each guide under this subsection shall Prevention and Control Act, takes a follows: include— comprehensive approach towards ad- ‘‘(A) the posting of the guide in an easily S. 769 dressing aquatic nuisance species to identified location on the website of the Be it enacted by the Senate and House of Rep- agency; and protect the nation’s aquatic eco- resentatives of the United States of America in ‘‘(B) distribution of the guide to known in- systems. Invasive species are not a new Congress assembled, dustry contacts, such as small entities, asso- problem for this country, but what is SECTION 1. SHORT TITLE. ciations, or industry leaders affected by the so important about this bill is that this This Act may be cited as the ‘‘Small Busi- rule. is the first real effort to take a com- ness Compliance Assistance Enhancement ‘‘(3) PUBLICATION DATE.—An agency shall prehensive approach toward the prob- Act of 2005’’. publish each guide (including the posting and lem of aquatic invasive species. The SEC. 2. FINDINGS AND PURPOSES. distribution of the guide as described under bill deals with the prevention of intro- (a) FINDINGS.—Congress finds the fol- paragraph (2))— lowing: ‘‘(A) on the same date as the date of publi- ductions, the screening of new aquatic (1) Small businesses represent 99.7 percent cation of the final rule (or as soon as possible organisms that do come into the coun- of all employers, employ half of all private after that date); and try, the rapid response to invasions, sector employees, and pay 44.3 percent of ‘‘(B) not later than the date on which the and the research to implement the pro- total United States private payroll. requirements of that rule become effective. visions of this bill. (2) Small businesses generated 60 to 80 per- ‘‘(4) COMPLIANCE ACTIONS.— During the development of this coun- cent of net new jobs annually over the last ‘‘(A) IN GENERAL.—Each guide shall explain try, there were more than people immi- decade. the actions a small entity is required to take grating to this country. More than to comply with a rule. (3) Very small firms with fewer than 20 em- 6,500 non-indigenous invasive species ployees spend 60 percent more per employee ‘‘(B) EXPLANATION.—The explanation under than larger firms to comply with Federal subparagraph (A)— have been introduced into the United regulations. Small firms spend twice as ‘‘(i) shall include a description of actions States and have become established, much on tax compliance as their larger needed to meet the requirements of a rule, to self-sustaining populations. These spe- counterparts. Based on an analysis in 2001, enable a small entity to know when such re- cies—from microorganisms to mol- firms employing fewer than 20 employees quirements are met; and lusks, from pathogens to plants, from face an annual regulatory burden of nearly ‘‘(ii) if determined appropriate by the insects to fish to animals—typically $7,000 per employee, compared to a burden of agency, may include a description of possible encounter few, if any, natural enemies procedures, such as conducting tests, that almost $4,500 per employee for a firm with in their new environments and wreak over 500 employees. may assist a small entity in meeting such re- (4) Section 212 of the Small Business Regu- quirements. havoc on native species. Aquatic nui- latory Enforcement Fairness Act of 1996 (5 ‘‘(C) PROCEDURES.—Procedures described sance species threaten biodiversity na- U.S.C. 601 note) requires agencies to produce under subparagraph (B)(ii)— tionwide, especially in the Great small entity compliance guides for each rule ‘‘(i) shall be suggestions to assist small en- Lakes. or group of rules for which an agency is re- tities; and In fact, the aquatic nuisance species quired to prepare a final regulatory flexi- ‘‘(ii) shall not be additional requirements became a major issue for Congress back bility analysis under section 604 of title 5, relating to the rule. in the late eighties when the zebra United States Code. ‘‘(5) AGENCY PREPARATION OF GUIDES.—The mussel was released into the Great agency shall, in its sole discretion, taking (5) The Government Accountability Office Lakes. The Great Lakes still have has found that agencies have rarely at- into account the subject matter of the rule tempted to comply with section 212 of the and the language of relevant statutes, ensure zebra mussels, and now, 20 States are Small Business Regulatory Enforcement that the guide is written using sufficiently fighting to control them. The Great Fairness Act of 1996 (5 U.S.C. 601 note). When plain language likely to be understood by af- Lakes region spends about $30 million agencies did try to comply with that require- fected small entities. Agencies may prepare per year to keep water pipes from be- ment, they generally did not produce ade- separate guides covering groups or classes of coming clogged with zebra mussels. quate compliance assistance materials. similarly affected small entities and may co- Zebra mussels were carried over from (6) The Government Accountability Office operate with associations of small entities to the Mediterranean to the Great Lakes also found that section 212 of the Small Busi- develop and distribute such guides. An agen- in the ballast tanks of ships. The lead- ness Regulatory Enforcement Fairness Act cy may prepare guides and apply this section of 1996 (5 U.S.C. 601 note) and other sections with respect to a rule or a group of related ing pathway for aquatic invasive spe- of that Act need clarification to be effective. rules. cies was and still is maritime com- (b) PURPOSES.—The purposes of this Act ‘‘(6) REPORTING.—Not later than 1 year merce. Most invasive species are con- are the following: after the date of enactment of the Small tained in the water that ships use for

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.066 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3559 ballast to maintain trim and stability. nology for that class of vessels, subject cause of a new dead zone in Lake Erie. Aquatic invaders such as the zebra to review every three years. I do not And invasive species compete with na- mussel and round goby were introduced believe this will be the case, however, tive species for habitat. into the Great Lakes when ships, often because the approach of this bill cre- This bill addresses the ‘‘NOBOB’’ or from nations, pulled into port and dis- ates a clear incentive for treatment No Ballast on Board problem which is charged their ballast water. In addition vendors to develop affordable equip- when ships report having no ballast to ballast water, aquatic invaders can ment for the market. when they enter the Great Lakes. How- also attach themselves to ships’ hulls Technology will always be evolving, ever, a layer of sediment and small bit and anchor chains. and we hope that affordable technology of water that cannot be pumped out is Because of the impact that the zebra will become available that completely still in the ballast tanks. So when mussel had in the Great Lakes, Con- eliminates the risk of new introduc- water is taken on and then discharged gress passed legislation in 1990 and 1996 tions. Therefore, it is important that all within the Great Lakes, a new spe- that has reduced, but not eliminated, the Coast Guard regularly review and cies that was still living in that small the threat of new invasions by requir- revise the standard so that it reflects bit of sediment and water may be in- ing ballast water management for ships what the best technology currently troduced. By requiring technology to entering the Great Lakes. Today, there available is and whether it is economi- be installed, this bill addresses a very is a mandatory ballast water manage- cally achievable. serious issue in the Great Lakes. ment program in the Great Lakes, and There are other important provisions All in all, the bill would cost between the Coast Guard is in the rule-making of the bill that also address prevention. $160 million and $170 million each year. process to turn the voluntary ballast For instance, the bill encourages the This is a lot of money, but it is a crit- water exchange reporting requirement Coast Guard to consult with Canada, ical investment. As those of us from into a mandatory ballast water ex- Mexico, and other countries in devel- the Great Lakes know, the economic change program for all of our coasts. oping guidelines to prevent the intro- damage that invasive species can cause The current law requires that ships en- duction and spread of aquatic nuisance is much greater. However, compared to tering the Great Lakes must exchange species. The Aquatic Nuisance Species the annual cost of invasive species, the their ballast water, seal their ballast Task Force is also charged with con- cost of this bill is minimal. Therefore, tanks or use alternative treatment ducting a pathway analysis to identify I urge my colleagues to cosponsor this that is ‘‘as effective as ballast water other high risk pathways for introduc- legislation and work to move the bill exchange.’’ Unfortunately, alternative tion of nuisance species and implement swiftly through the Senate. treatments have not been fully devel- management strategies to reduce those Ms. COLLINS. Mr. President, from oped and widely tested on ships be- introductions. And this legislation, for Pickerel Pond to Lake Auburn, from cause the developers of ballast tech- the first time, establishes a process to Sebago Lake to Bryant Pond, lakes and nology do not know what standard screen live organisms entering the ponds in Maine are under attack. they are trying to achieve. This obsta- country for the first time for non-re- Aquatic invasive species threaten cle is serious because ultimately, only search purposes. Organisms believed to Maine’s drinking water systems, recre- on-board ballast water treatment will be invasive would be imported based on ation, wildlife habitat, lakefront real adequately reduce the threat of new conditions that prevent them from be- estate, and fisheries. Plants, such as aquatic nuisance species being intro- coming a nuisance. Such a screening Variable Leaf Milfoil, are crowding out duced through ballast water. process might have prevented such spe- native species. Invasive Asian shore Our bill addresses this problem. cies as the Snakehead, which has es- crabs are taking over Southern New First, this bill establishes a deadline tablished itself in the Potomac River England’s tidal pools and have ad- for the Coast Guard and EPA to estab- here in the DC area, from being im- vanced well into Maine—to the poten- lish a standard for ballast water man- ported. tial detriment of Maine’s lobster and agement and requires that the stand- The third title of this bill addresses clam industries. ard reduce the number of plankton in early detection of new invasions and I rise today to join Senator LEVIN in the ballast water by 99 percent or the the rapid response to invasions as well introducing legislation to address this best performance that technology can as the control of aquatic nuisance spe- problem. The National Aquatic provide. This way, technology vendors cies that do establish themselves. If Invasive Species Act of 2005 would cre- and the maritime industry know what fully funded, this bill will provide a ate the most comprehensive nation- they should be striving to achieve and rapid response fund for states to imple- wide approach to date for combating when they will be expected to achieve ment emergency strategies when out- alien species that invade our shores. it. After 2011, all ships that enter any breaks occur. The bill requires the The stakes are high when invasive U.S. port after operating outside the Army Corps of Engineers to construct species are unintentionally introduced Exclusive Economic Zone of 200 miles and operate the Chicago Ship and Sani- into our Nation’s waters. They endan- will be required to use a ballast water tary Canal project which includes the ger ecosystems, reduce biodiversity, treatment technology that meets this construction of a second dispersal bar- and threaten native species. They dis- standard. rier to keep species like the Asian carp rupt people’s lives and livelihoods by I understand that ballast water tech- from migrating up the Mississippi lowering property values, impairing nologies are being researched, and through the Canal into the Great commercial fishing and aquaculture, some are currently being tested on- Lakes. Equally important, this barrier degrading recreational experiences, board ships. The range of technologies will prevent the migration of invasive and damaging public water supplies. include ultraviolet lights, filters, species in the Great Lakes from pro- In the 1950s, European Green Crabs chemicals, deoxygenation, ozone, and ceeding into the Mississippi system. swarmed the Maine coast and literally several others. Each of these tech- Lastly, the bill authorizes additional ate the bottom out of Maine’s soft- nologies has a different price tag at- research which will identify threats shell clam industry by the 1980s. Many tached to it. It is not my intention to and the tools to address those threats. clam diggers were forced to go after overburden the maritime industry with Though invasive species threaten the other fisheries or find new vocations. an expensive requirement to install entire Nation’s aquatic ecosystem, I In just one decade, this invader reduced technology. In fact, the legislation am particularly concerned with the the number of clam diggers in Maine states that the final ballast water tech- damage that invasive species have done from nearly 5,000 in the 1940s to fewer nology standard must be based on the to the Great Lakes. There are now than 1500 in the 1950s. European green best performing technology that is eco- roughly 180 invasive species in the crabs currently cost an estimated $44 nomically achievable. That means that Great Lakes, and it is estimated that a million a year in damage and control the Coast Guard must consider what new species is introduced every 8 efforts in the United States. technology is available, and if there is months. Invasive species cause disrup- Past invasions forewarn of the long- no economically achievable technology tions in the food chain, which is now term consequences to our environment available to a class of vessels, then the causing the decline of certain fish. and communities unless we take steps standard will not require ballast tech- Invasive species are believe to be the to prevent new invasions. It is too late

VerDate Aug 04 2004 03:55 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.042 S13PT1 S3560 CONGRESSIONAL RECORD — SENATE April 13, 2005 to stop European green crabs from tak- species cannot be accomplished by in- The National Aquatic Invasive Spe- ing hold on the East Coast, but we still dividual States alone. We need a uni- cies Act of 2005 offers a strong frame- have the opportunity to prevent many form, nationwide approach to deal ef- work to combat aquatic invasive spe- other species from taking hold in fectively with invasive species. The Na- cies. I call on my colleagues to help us Maine and the United States. tional Aquatic Invasive Species Act of enact this legislation in order to pro- Senator LEVIN and I introduced an 2005 will help my State and States tect our waters, ecosystems, and indus- earlier version of this legislation in throughout the Nation detect, prevent tries from destructive invasive spe- March of 2003. Just a few months ear- and respond to aquatic invasive spe- cies—before it’s too late. lier, one of North America’s most ag- cies. gressive invasive species hydrilla—was The National Aquatic Invasive Spe- By Mr. CORZINE: found in Maine for the first time. This cies Act of 2005 would be the most com- S. 773. A bill to ensure the safe and stubborn and fast-growing aquatic prehensive effort ever undertaken to secure transportation by rail of ex- plant had taken hold in Pickerel Pond address the threat of invasive species. tremely hazardous materials; to the in the Town of Limerick, ME, and By authorizing $836 million over 6 Committee on Commerce, Science, and threatened recreational use for swim- years, this legislation would open nu- Transportation. mers and boaters. At the time, we merous new fronts in our war against Mr. CORZINE. Mr. President, today I warned that unless Congress acted, invasive species. The bill directs the am introducing legislation, the Ex- more and more invasive species would Coast Guard to develop regulations tremely Hazardous Materials Rail establish a foothold in Maine and that will end the easy cruise of Transportation Act of 2005, to ensure across the country. invasive species into U.S. waters the safety and security of toxic chemi- Unfortunately, Congress failed to act through the ballast water of inter- cals that are transported across our na- on our legislation and new invasions national ships, and would provide the tion’s 170,000 mile rail network. have continued. In December, for the Coast Guard with $6 million per year to On January 6, 2005, a freight car car- first time, the Maine Department of develop and implement these regula- rying toxic chlorine gas derailed in Environmental Protection detected tions. South Carolina. The derailment caused The bill also would provide $30 mil- Eurasian Milfoil in the State. Maine a rupture that released a deadly gas lion per year for a grant program to as- was the last of the lower 48 States to be cloud over the nearby community of sist State efforts to prevent the spread free of this stubborn and fast-growing Graniteville. As a result of this acci- of invasive species. It would provide $12 dent, nine people died and 318 needed invasive plant that degrades water million per year for the Army Corps of quality by displacing native plants, medical attention. Many of those need- Engineers and Fish and Wildlife Serv- ing medical attention were first re- fish and other aquatic species. The ice to contain and control invasive spe- plant forms stems reaching up to 20 sponders who arrived at the scene of cies. Finally, the Levin-Collins bill the accident unaware that a tank car feet high that cause fouling problems would authorize $30 million annually for swimmers and boaters. In total, containing chlorine gas had ruptured. for research, education, and outreach. As one responder described it, ‘‘I took there are 24 documented cases of aquat- Mr. President, the most effective a breath. That stuff grabbed me. It ic invasive species infesting Maine’s means of stopping invading species is gagged me and brought me down to my lakes and ponds. to attack them before they attack us. When considering the impact of these We need an early alert, rapid response knees. I talked to God and said, ‘I am invasive species, it is important to system to combat invading species be- not dying here.’’’ In the aftermath of note the tremendous value of our lakes fore they have a chance to take hold. the chlorine release, more than 5,000 and ponds. While their contribution to For the first time, this bill would es- area residents needed to be evacuated our quality of life is priceless, their tablish a national monitoring network from their homes. value to our economy is more measur- to detect newly introduced species, The Graniteville accident was the able. Maine’s Great Ponds generate while providing $25 million to the Sec- deadliest accident involving the trans- nearly 13 million recreational user retary of the Interior to create a rapid port of chlorine. But it was not the days each year, lead to more than $1.2 response fund to help States and re- first. Since the use of rail for chlorine billion in annual income for Maine gions respond quickly once invasive transport began in 1924, there had been residents, and support more than 50,000 species have been detected. This bill is four fatal accidents involving the re- jobs. our best effort at preventing the next lease of chlorine, according to the With so much at stake, Mainers are wave of invasive species from taking Chlorine Institute. Thirteen people taking action to stop the spread of hold and decimating industries and de- have died. In addition, the National invasive species into our State’s wa- stroying waterways in Maine and Transportation Safety Board has inves- ters. The State of Maine has made it il- throughout the country. tigated 14 derailments from 1995 to 2004 legal to sell, posses, cultivate, import One of the leading pathways for the that caused the release of hazardous or introduce eleven invasive aquatic introduction of aquatic organisms to chemicals, including chlorine. In those plants. Boaters participating in the U.S. waters from abroad is through instances, four people died and 5,517 Maine Lake and River Protection transoceanic vessels. Commercial ves- were injured. Sticker program are providing needed sels fill and release ballast tanks with The Graniteville accident exposes funding to aid efforts to prevent, detect seawater as a means of stabilization. fundamental failings in the transport and manage aquatic invasive plants. The ballast water contains live orga- of hazardous materials on America’s Volunteers are participating in the nisms from plankton to adult fish that rail system. These failings include Courtesy Boat Inspection program to are transported and released through pressurized rail tank cars that are vul- keep aquatic invasive plants out of this pathway. Last week, a Federal nerable to rupture; lack of sufficient Maine lakes. Before launch or after re- judge ruled that the Government can training for transporters and emer- moval, inspectors ask boaters for per- no longer allow ships to dump, without gency responders; lack of sufficient no- mission to inspect the boat, trailer or a permit from the Environmental Pro- tification to the communities that haz- other equipment for plants. More than tection Agency, any ballast water con- ardous material train run through and 300 trained inspectors conducted up- taining nonnative species that could a lack of coordination at the federal wards of 30,000 courtesy boat inspec- harm local ecosystems. The court case level between the many agencies that tions at 65 lakes in the 2004 boating and subsequent decision indicates that are involved in rail transport of haz- season. there are problems with our existing ardous materials. While I am proud of the actions that systems to control ballast water dis- Because of these failings, our Na- Maine and many other States are tak- charge and signals a need to address tion’s freight rail infrastructure re- ing to protect against invasive species, invasive hitchhikers that travel to our mains vulnerable to the release of haz- all too often their efforts have not been shores aboard ships. Our legislation ardous materials either by accident or enough. As with national security, pro- would establish a framework to pre- due to deliberate attack. The ‘‘Ex- tecting the integrity of our lakes, vent the introduction of aquatic tremely Hazardous Material Rail streams, and coastlines from invading invasive species by ships. Transportation Act addresses these

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.075 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3561 safety and security issues. My legisla- transportation by rail of extremely haz- (A) the results of a study on the impact re- tion would require the DHS to coordi- ardous materials or who are responsible for sistance of such pressurized tank cars, in- nate Federal, State and local efforts to the repair of related equipment and facilities cluding a comparison of the relative impact prevent terrorist acts and to respond to in the event of an emergency, including an resistance of tank cars manufactured before incident involving terrorism. and after the implementation by the Admin- emergencies in the transport by rail of (b) AREA OF CONCERN COMMUNITIES.— istrator of the Federal Railroad Administra- extremely hazardous materials. It re- (1) DESIGNATION OF AREA OF CONCERN COM- tion in 1989 of Federal standards on the im- quires the DHS to issue regulations MUNITIES.— pact resistance of such tank cars; and that address the integrity of pressur- (A) IN GENERAL.—In prescribing regulations (B) an assessment of whether tank cars ized tank cars, the lack of sufficient under subsection (a), the Secretary of Home- manufactured before the implementation of training for transporters and emer- land Security shall compile a list of area of the 1989 impact resistence standards and gency responders, and the lack of suffi- concern communities. tank cars manufactured after the implemen- cient notification for communities. It (B) CRITERIA.—The Secretary of Homeland tation of such standards conform with the Security shall include on such list commu- standards prescribed under subsection (a). would also require the DHS to study nities through or near which the transpor- SEC. 4. REPORT ON EXTREMELY HAZARDOUS MA- the possibility of reducing, through the tation by rail of extremely hazardous mate- TERIALS TRANSPORT SAFETY. use of alternate routes, the risks of rials poses a serious risk to the public health (a) REQUIREMENT FOR REPORT.—Not later freight transportation of extremely and safety. In making such determination, than 180 days after the date of the enactment hazardous material; except in the case the Secretary shall consider— of this Act, the Secretary of Homeland Secu- of emergencies or where such alter- (i) the severity of harm that could be rity shall, in consultation with the Sec- natives do not exist or are prohibi- caused in a community by the release of the retary of Transportation, submit to the ap- tively expensive. Finally, it contains transported extremely hazardous materials; propriate congressional committees a report (ii) the proximity of a community to major on the safety and security of the transpor- protections for employees who report population centers; tation by rail of extremely hazardous mate- on the safety and security of transpor- (iii) the threat posed by such transpor- rials, including the threat posed to the secu- tation by rail of extremely hazardous tation to national security, including the rity of such transportation by acts of ter- materials. safety and security of Federal and State gov- rorism. I hope my colleagues will support ernment offices; (b) CONTENT.—The report required under this legislation, and I ask unanimous (iv) the vulnerability of a community to subsection (a) shall include, in a form that consent that the text of the bill be acts of terrorism; does not compromise national security— (v) the threat posed by such transportation (1) information specifying— printed in the RECORD. to critical infrastructure; There being no objection, the bill was (A) the Federal and State agencies that are (vi) the threshold quantities of particular responsible for the oversight of the transpor- ordered to be printed in the RECORD, as extremely hazardous materials that pose a tation by rail of extremely hazardous mate- follows: serious threat to the public health and safe- rials; and S. 773 ty; and (B) the particular authorities and respon- Be it enacted by the Senate and House of Rep- (vii) such other safety or security factors sibilities of the heads of each such agency; resentatives of the United States of America in that the Secretary determines appropriate to (2) an assessment of the operational risks Congress assembled, consider. associated with the transportation by rail of (2) CONSIDERATION OF ALTERNATE ROUTES.— extremely hazardous materials, with consid- SECTION 1. SHORT TITLE. The Secretary of Homeland Security shall eration given to the safety and security of This Act may be cited as the ‘‘Extremely conduct a study to consider the possibility of the railroad infrastructure in the United Hazardous Materials Rail Transportation reducing, through the use of alternate routes States, including railroad bridges and rail Act of 2005’’. involving lower security risks, the security switching areas; SEC. 2. COORDINATION OF PRECAUTIONS AND risks posed by the transportation by rail of (3) an assessment of the vulnerability of RESPONSE EFFORTS RELATED TO extremely hazardous materials through or THE TRANSPORTATION BY RAIL OF railroad cars to acts of terrorism while being EXTREMELY HAZARDOUS MATE- near communities designated as area of con- used to transport extremely hazardous mate- RIALS. cern communities under paragraph (1), ex- rials; (a) REGULATIONS.— cept in the case of emergencies or where (4) an assessment of the ability of individ- (1) REQUIREMENT FOR REGULATIONS.—Not such alternatives do not exist or are prohibi- uals who transport, load, unload, or are oth- later than 180 days after the date of the en- tively expensive. erwise involved in the transportation by rail actment of this Act, the Secretary of Home- SEC. 3. PRESSURIZED RAILROAD CARS. of extremely hazardous materials or who are land Security shall, in consultation with the (a) NEW SAFETY STANDARDS.— responsible for the repair of related equip- Secretary of Transportation and the heads of (1) REQUIREMENT FOR STANDARDS.—Not ment and facilities in the event of an emer- other Federal, State, and local agencies, pre- later than 180 days after the date of the en- gency, including an incident involving ter- scribe regulations for the coordination of ef- actment of this Act, the Secretary of Home- rorism, to respond to an incident involving forts of Federal, State, and local agencies land Security shall, in consultation with the terrorism, including an assessment of wheth- aimed at preventing terrorist acts and re- Secretary of Transportation and the heads of er such individuals are adequately trained or sponding to emergencies that may occur in other relevant Federal agencies, prescribe by prepared to respond to such incidents; connection with the transportation by rail of regulations standards for ensuring the safety (5) a description of the study conducted extremely hazardous materials. and physical integrity of pressurized tank under section 2(b)(2), including the conclu- (2) CONTENT.— cars that are used in the transportation by sions reached by the Secretary of Homeland (A) IN GENERAL.—The regulations required rail of extremely hazardous materials. Security as a result of such study and any under paragraph (1) shall— (2) CONSIDERATION OF SPECIFIC RISKS.—In recommendations of the Secretary for reduc- (i) require, and establish standards for, the prescribing regulations under paragraph (1), ing, through the use of alternate routes in- training of individuals described in subpara- the Secretary of Homeland Security shall volving lower security risks, the security graph (B) on safety precautions and best consider the risks posed to such pressurized risks posed by the transportation by rail of practices for responding to emergencies oc- tank cars by acts of terrorism, accidents, se- extremely hazardous materials through or curring in connection with the transpor- vere impacts, and other actions potentially near area of concern communities; tation by rail of extremely hazardous mate- threatening to the structural integrity of (6) other recommendations for improving rials, including incidents involving acts of the cars or to the safe containment of the the safety and security of the transportation terrorism; and materials carried by such cars. by rail of extremely hazardous materials; (ii) establish a coordinated system for no- (b) REPORT ON IMPACT RESISTANCE.— and tifying appropriate Federal, State, and local (1) IN GENERAL.—Not later than 180 days (7) an analysis of the anticipated economic law enforcement authorities (including, if after the date of the enactment of this Act, impact and effect on interstate commerce of applicable, transit, railroad, or port author- the Secretary of Homeland Security shall, in the regulations prescribed under this Act. ity police agencies) and first responders of consultation with the Secretary of Transpor- (c) FORM.—The report required under sub- the transportation by rail of extremely haz- tation and the heads of other relevant Fed- section (a) shall be in unclassified form, but ardous materials through communities des- eral agencies, submit to the appropriate con- may contain a classified annex. ignated as area of concern communities by gressional committees a report on the safety SEC. 5. WHISTLEBLOWER PROTECTION. the Secretary of Homeland Security under and physical integrity of pressurized tank (a) IN GENERAL.—No person involved in the subsection (b)(1). cars that are used in the transportation by transportation by rail of extremely haz- (B) INDIVIDUALS COVERED BY TRAINING.— rail of extremely hazardous materials, in- ardous materials may be discharged, de- The individuals described in subparagraph cluding with respect to the risks considered moted, suspended, threatened, harassed, or (A)(i) are first responders, law enforcement under subsection (a)(2). in any other manner discriminated against personnel, and individuals who transport, (2) CONTENT.—The report required under because of any lawful act done by the per- load, unload, or are otherwise involved in the paragraph (1) shall include— son—

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.051 S13PT1 S3562 CONGRESSIONAL RECORD — SENATE April 13, 2005 (1) to provide information, cause informa- son under any Federal or State law, or under the Medicare program with general tion to be provided, or otherwise assist in an any collective bargaining agreement. funds. This legislation is identical to investigation regarding any conduct which SEC. 6. CIVIL PENALTIES. the legislation I introduced in the 108th the person reasonably believes constitutes a Not later than 180 days after the date of Congress. violation of any law, rule, or regulation re- the enactment of this Act, the Secretary of Recently during debate on the Budg- lated to the security of shipments of ex- Homeland Security shall prescribe regula- tremely hazardous materials, or any other et Resolution, I introduced an amend- tions providing for the imposition of civil ment that provides the Finance Com- threat to the security of shipments of ex- penalties for violations of— tremely hazardous materials, when the infor- (1) regulations prescribed under this Act; mittee with the tax cuts to finally re- mation or assistance is provided to or the in- and peal the 1993 tax increase on Social Se- vestigation is conducted by— (2) the prohibition against discriminatory curity benefits. My amendment passed (A) a Federal regulatory or law enforce- treatment under section 5(a). by a vote of 55 yeas to 45 nays. The leg- ment agency; SEC. 7. NO FEDERAL PREEMPTION. islation I am introducing today pro- (B) any or any com- Nothing in this Act shall be construed as vides the legislative blueprint for re- mittee of Congress; or preempting any State law, except that no pealing this unfair tax. (C) a person with supervisory authority such law may relieve any person of a require- over the person (or such other person who The 1993 tax was unfair when it was ment otherwise applicable under this Act. has the authority to investigate, discover, or signed into law, and it is unfair today. terminate misconduct); SEC. 8. DEFINITIONS. I hope my Senate colleagues can sup- (2) to file, cause to be filed, testify, partici- In this Act: port this legislation to remove this pate in, or otherwise assist in a proceeding (1) EXTREMELY HAZARDOUS MATERIAL.—The burdensome tax on our seniors. or action filed or about to be filed relating to term ‘‘extremely hazardous material’’ a violation of any law, rule, or regulation re- means— By Mr. INHOFE (for himself and lated to the security of shipments of ex- (A) a material that is toxic by inhalation; Mr. COBURN): tremely hazardous materials or any other (B) a material that is extremely flam- S. 775. A bill to designate the facility threat to the security of shipments of ex- mable; of the United States Postal Service lo- tremely hazardous materials; or (C) a material that is highly explosive; (D) high-level radioactive waste; and cated at 123 W. 7th Street in (3) to refuse to violate or assist in the vio- Holdenville, OK, as the ‘‘Boone Pickens lation of any law, rule, or regulation related (E) any other material designated by the to the security of shipments of extremely Secretary of Homeland Security as being ex- Post Office’’; to the Committee on hazardous materials. tremely hazardous. Homeland Security and Governmental (b) ENFORCEMENT ACTION.— (2) APPROPRIATE CONGRESSIONAL COMMIT- Affairs. (1) IN GENERAL.—A person who alleges dis- TEES.—The term ‘‘appropriate congressional Mr. INHOFE. Mr. President, I rise charge or other discrimination by any person committees’’ means— today to proudly introduce legislation in violation of subsection (a) may seek relief (A) the Committee on Homeland Security to designate the facility of the United under subsection (c)— and Governmental Affairs and the Com- States Postal Service located at 123 W. (A) by filing a complaint with the Sec- mittee on Commerce, Science, and Transpor- 7th Street in Holdenville, OK, as the retary of Labor; and tation of the Senate; and ‘‘Boone Pickens Post Office’’. (B) if the Secretary has not issued a final (B) the Committee on Homeland Security Thomas Boone Pickens, Jr. emulates decision within 180 days after the filing of and the Committee on Transportation and the complaint and there is no showing that Infrastructure of the House of Representa- the Oklahoma spirit of hard work, en- such delay is due to the bad faith of the tives. trepreneurship and philanthropy. He is claimant, by commencing a civil action in an excellent example of the potential the appropriate district court of the United By Mr. BUNNING: to achieve success in our American free States, which shall have jurisdiction over S. 774. A bill to amend the Internal enterprise system. I honor, I proudly such an action without regard to the amount Revenue Code of 1986 to repeal the 1993 seek to name the post office in his in controversy. income tax increase on Social Security hometown of Holdenville, OK, where he (2) PROCEDURE.— benefits; to the Committee on Finance. was born in 1928. (A) COMPLAINT TO DEPARTMENT OF LABOR.— Mr. BUNNING. Mr. President, today, As the son of a landman, Pickens An action under paragraph (1)(A) shall be quickly appreciated the business po- governed under the rules and procedures set I am introducing the Social Security forth in subsection (b) of section 42121 of Benefits Tax Relief Act of 2005, which tential of oil exploration. Oklahoma title 49, United States Code, except that no- repeals the 1993 income tax increase on State University awarded Pickens a tification made under such subsection shall Social Security benefits that went into bachelor of science in geology in 1951. be made to the person named in the com- effect in 1993. He grew frustrated with the bureauc- plaint and to the person’s employer. When Social Security was created, racy of working for a large company (B) COURT ACTION.—An action commenced beneficiaries did not pay federal in- and decided to start his own in 1956. under paragraph (1)(B) shall be governed by This company was the basis for what the legal burdens of proof set forth in section come tax on their benefits. However, in 1983, Congress passed legislation re- became one of the leading oil and gas 42121(b)(2)(B) of title 49, United States Code. exploration and production firms in the (C) STATUTE OF LIMITATIONS.—An action quiring that 50 percent of Social Secu- rity benefits be taxed for seniors whose nation, Mesa Petroleum Company. under paragraph (1) shall be commenced not Not only did Pickens lead in the en- later than 180 days after the date on which incomes were above $25,000 for an indi- the violation occurs. ergy industry itself, he possessed the vidual and $32,000 for a couple. This ad- unique ability to recognize and acquire (c) REMEDIES.— ditional revenue was credited back to (1) IN GENERAL.—A person prevailing in any undervalued companies. Repeatedly, action under subsection (b)(1) shall be enti- the Social Security trust funds. markets eventually realized the worth tled to all relief necessary to make the per- In 1993, Congress and President Clin- of these companies, and shareholder son whole. ton expanded this tax. A provision was profits soared. (2) COMPENSATORY DAMAGES.—Relief for passed as part of a larger bill requiring His innovative thinking and business any action under paragraph (1) shall in- that 85 percent of a senior’s Social Se- skills amassed the fortune and wisdom clude— curity benefit be taxed if their income he unselfishly shares with others. (A) in the case of a termination of, or other was above $34,000 for an individual and Oklahoma State University has bene- discriminatory act regarding the person’s $44,000 for a couple. This additional fited from his generous investment in employment— money is credited to the Medicare pro- (i) reinstatement with the same seniority academics and athletics. He is also a status that the person would have had, but gram. dedicated supporter of a wide range of for the discrimination; and I was in Congress in 1993, and fought medical research initiatives. He is an (ii) payment of the amount of any back against this provision. This is an unfair energetic advocate for the causes he pay, with interest, computed retroactively tax on our senior citizens who worked believes in, devoting his time to serve to the date of the discriminatory act; and year after year paying into Social Se- on numerous boards and receiving rec- (B) compensation for any special damages curity, only to be taxed on their bene- ognition through countless awards. sustained as a result of the discrimination, fits once they retired. He often said, ‘‘Be willing to make including litigation costs, expert witness My bill, the Social Security Benefits decisions. That’s the most important fees, and reasonable attorney fees. (d) RIGHTS RETAINED BY PERSON.—Nothing Tax Relief Act, would repeal the 1993 quality in a good leader. Don’t fall vic- in this section shall be deemed to diminish tax increase on benefits and would re- tim to what I call the ready-aim-aim- the rights, privileges, or remedies of any per- place the money that has been going to aim-aim syndrome.

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.050 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3563 You must be willing to fire.’’ That is a large number of general aviation pi- purchased more than 10,000 acres of exactly the Oklahoma mentality of lots and others who depend on their re- mountain land that had been heavily leadership, the ability to make tough gional Flight Service Station. The bill logged and was no longer productive to decisions and stick to them. already enjoys significant bipartisan demonstrate how sub-marginal land I encourage my colleagues to join me support, and I will continue to work could be turned into a productive rec- in support of this legislation as we with members of both parties to pre- reational area and help put people back commemorate an outstanding citizen serve aviation safety. to work. From 1936 through 1941, hun- so that future generations will be chal- I ask unanimous consent that the dreds of workers under the Works lenged by his example, just as we have text of the Federal Aviation Safety Se- Progress Administration and later the been. curity Act be printed in the RECORD. Civilian Conservation Corps were em- There being no objection, the bill was ployed in reforestation activities and By Mr. JOHNSON (for himself, ordered to be printed in the RECORD, as in the construction of a number of Mr. THUNE, Mr. DAYTON, Mr. follows: camps, roads and other facilities, in- LAUTENBERG, Mr. KENNEDY, and S. 776 cluding the camp now known as Camp Mr. ROCKEFELLER): Be it enacted by the Senate and House of Rep- David, and one of the earliest—if not S. 776. A bill to designate certain resentatives of the United States of America in the oldest—camp for disabled individ- functions performed at flight service Congress assembled, uals. In November 1936, administrative stations of the Federal Aviation Ad- SECTION 1. SHORT TITLE. authority for the Catoctin RDA was ministration as inherently govern- This Act may be cited as the ‘‘The Federal transferred to the National Park Serv- mental functions, and for other pur- Aviation Safety Security Act of 2005’’. ice by Executive Order. poses; to the Committee on Commerce, SEC. 2. INHERENTLY GOVERNMENTAL DETER- In 1942, concern about President Roo- Science, and Transportation. MINATION. sevelt’s health and safety led to the se- Mr. JOHNSON. Mr. President, I rise For purposes of section 2(a) of the Federal lection of Catoctin Mountain, and spe- today to introduce legislation to en- Inventory Activities Act of 1998 (112 Stat. cifically Camp Hi-Catoctin as the loca- sure that rural America’s aviation net- 2382), the functions performed by air traffic control specialists at flight service stations tion for the President’s new retreat. work benefits from the same level of operated by the Federal Aviation Adminis- Subsequently approximately 5,000 acres service and safety as America’s busiest tration are inherently governmental func- of the area was transferred to the State airports. Whether moving products and tions and must be performed by Federal em- of Maryland, becoming Cunningham services as part of the global economy, ployees. Falls State Park in 1954. The remain- or shepherding sick patients for med- SEC. 3. ACTIONS VOIDED. ing 5,770 acres of the Catoctin Recre- ical care, rural communities require Any action taken pursuant to section 2(a) ation Demonstration Area was re- the same basic air infrastructure net- of the Federal Inventory Activities Act of named Catoctin Mountain Park by the work. By ensuring that Flight Service 1998 (112 Stat. 2382), or any other law or legal Director of the National Park Service Stations remain in rural areas, general authority with respect to functions per- in 1954. Unfortunately, the Director formed by air traffic control specialists at aviation pilots will continue to be able flight service stations operated by the Fed- failed to include the term ‘‘National’’ to serve regions that may otherwise be eral Aviation Administration is null and in the title and the park today remains neglected. void. one of eleven units in the National Flight Service Stations currently Park System—all in the National Cap- provide general aviation pilots with By Mr. SARBANES: ital Region—that do not have this des- weather briefings, temporary flight re- S. 777. A bill to designate Catoctin ignation. strictions, emergency information, and Mountain Park in the State of Mary- The proximity of Catoctin Mountain aid in search and rescue situations. land as the ‘‘Catoctin Mountain Na- Park, Camp David, and Cunningham Flight Service Station Specialists use tional Recreation Area’’, and for other Falls State Park, and the differences their expertise of regional weather, purposes; to the Committee on Energy between national and state park man- landscape, and flight conditions to en- and Natural Resources. agement, has caused longstanding con- sure pilots reach their destinations Mr. SARBANES. Mr. President, fusion for visitors to the area. Catoctin safely. Their work has kept general today I am reintroducing legislation to Mountain Park is continually aviation running smoothly and has lit- re-designate Catoctin Mountain Park misidentified by the public as con- erally saved lives. as the Catoctin Mountain National taining lake and beach areas associated On February 1, 2005, the Federal Recreation Area. This measure was with Cunningham Falls State Park, Aviation Administration announced unanimously approved by the full Sen- being operated by the State of Mary- that operations conducted by Flight ate during the 108th Congress, but un- land, or being closed to the public be- Service Stations would be performed fortunately, was not considered in the cause of the presence of Camp David. by a private contractor. Under the Ad- House. National Park employees spend count- ministration’s proposal, the contractor I spoke during the 108th Congress less hours explaining, assisting and re- will eliminate 38 of the 58 stations about the need to enact this legislation directing visitors to their desired des- across the country. Work currently and I want to underscore some of the tinations. conducted by these stations will then key reasons today. Catoctin Mountain My legislation would help to address be done by employees located in the re- Park is a hidden gem in our National this situation and clearly identify this maining 20 stations. Park System. Home to Camp David, park as a unit of the National Park The Federal Aviation Administra- the Presidential retreat, it has been System by renaming it the Catoctin tion’s proposal will lead to decreased aptly described as ‘‘America’s most fa- Mountain National Recreation Area. safety for pilots of small planes be- mous unknown park.’’ Comprising The Maryland State Highway Adminis- cause they will no longer be talking to nearly 6000 acres of the eastern reach tration, perhaps in anticipation of the personnel familiar with regional of the Appalachian Mountains in Mary- enactment of this bill, has already weather and topography. The consoli- land, the park is rich in history as well changed some of the signs leading to dated system will strain service capa- as outdoor recreation opportunities. the Park. This bill would make the bility because fewer employees will be Visitors can enjoy camping, pic- name change official within the Na- responsible for a growing system of nicking, cross-country skiing, fishing, tional Park Service and on official Na- general air traffic. The proposed plan as well as the solitude and beauty of tional Park Service maps. Moreover, will be especially harmful to rural the woodland mountain and streams in the mission and characteristics of this areas that more heavily rely upon the park. park—which include the preservation smaller aircraft. Catoctin Mountain Park had its ori- of significant historic resources and The Federal Aviation Safety Secu- gins during the Great Depression as important natural areas in locations rity Act would ensure that these facili- one of 46 Recreational Demonstration that provide outdoor recreation for ties can continue to preserve and pro- Areas (RDA) established under the au- large numbers of people—make this tect general aviation in the United thority of the National Industrial Re- designation appropriate. This measure States. This legislation is supported by covery Act. The Federal Government would not change access requirements

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.053 S13PT1 S3564 CONGRESSIONAL RECORD — SENATE April 13, 2005 or current recreational uses occurring (c) BOUNDARY.— The American people do not think within the park. But it would assist the (1) IN GENERAL.—The recreation area shall this is right. According to a November visiting public in distinguishing be- consist of land within the boundary depicted 2004 CBS/New York Times poll, 8 out of tween the many units of the State and on the map. 10 Americans believe that pharmacists (2) AVAILABILITY OF MAP.—The map shall should not be permitted to refuse to Federal systems. It will also, in my be on file and available for public inspection judgment, help promote tourism by en- in the appropriate offices of the National dispense birth control pills, including hancing public awareness of the Na- Park Service. 70 percent of Republicans. They know tional Park unit. (3) ADJUSTMENTS.—The Secretary may that contraceptives are a legal and ef- I urge approval of this legislation and make minor adjustments in the boundary of fective way to reduce unintended preg- ask unanimous consent that the full the recreation area consistent with section nancies and abortions. text of the legislation be printed in the 7(c) of the Land and Water Conservation But this challenge is not just about Fund Act of 1965 (16 U.S.C. 460l–9(c)). RECORD. contraceptives. It’s about access to (d) ACQUISITION AUTHORITY.—The Secretary health care. It’s about making deci- There being no objection, the bill was may acquire any land, interest in land, or ordered to be printed in the RECORD, as sions based on science and medicine. improvement to land within the boundary of Tomorrow, pharmacists could refuse to follows: the recreation area by donation, purchase S. 777 with donated or appropriated funds, or ex- dispense any drug for any medical con- dition. Access to pharmaceuticals Be it enacted by the Senate and House of Rep- change. resentatives of the United States of America in (e) ADMINISTRATION.—The Secretary shall should depend on medical judgments, Congress assembled, administer the recreation area— not personal ideology. SECTION 1. SHORT TITLE. (1) in accordance with this Act and the The Pharmacy Consumer Protection This Act may be cited as the ‘‘Catoctin laws generally applicable to units of the Na- Act requires pharmacies that receive Mountain National Recreation Area Designa- tional Park System, including— Medicare and Medicaid funding to fill tion Act’’. (A) the Act of August 25, 1916 (16 U.S.C. 1 et all valid prescriptions for FDA-ap- seq.); and SEC. 2. FINDINGS AND PURPOSE. proved drugs and devices without un- (B) the Act of August 21, 1935 (16 U.S.C. 461 (a) FINDINGS.—Congress finds that— necessary delay or interference. That et seq.); and (1) the Catoctin Recreation Demonstration (2) in a manner that protects and enhances means, if the item is not in stock, the Area, in Frederick County, Maryland— the scenic, natural, cultural, historical, and pharmacy should order it according to (A) was established in 1933; and recreational resources of the recreation area. its standard procedures, or, if the cus- (B) was transferred to the National Park SEC. 5. AUTHORIZATION OF APPROPRIATIONS. tomer prefers, transfer it to another Service by executive order in 1936; pharmacy or give the prescription (2) in 1942, the presidential retreat known There are authorized to be appropriated as ‘‘Camp David’’ was established in the Ca- such sums as are necessary to carry out this back. toctin Recreation Demonstration Area; Act. There are medical reasons why a (3) in 1952, approximately 5,000 acres of pharmacy wouldn’t want to fill pre- land in the Catoctin Recreation Demonstra- Mrs. BOXER (for herself and Mr. scriptions including problems with dos- tion Area was transferred to the State of LAUTENBERG): ages, harmful interactions with other Maryland and designated as Cunningham S. 778. A bill to amend title XVIII drugs, or potential drug abuse. This Falls State Park; and XIX of the Social Security Act to bill would not interfere with those de- (4) in 1954, the Catoctin Recreation Dem- require a pharmacy that receives pay- cisions. onstration Area was renamed ‘‘Catoctin ments or has contracts under the medi- I know some are concerned about Mountain Park’’; care and medicaid programs to ensure those pharmacists who do not want to (5) the proximity of Catoctin Mountain that all valid prescriptions are filled dispense particular medications be- Park, Camp David, and Cunningham Falls without unnecessary delay or inter- State Park and the difference between man- cause of their personal beliefs, includ- agement of the parks by the Federal and ference; to the Committee on Finance. ing their religious values. I believe State government has caused longstanding Mrs. BOXER. Mr. President, today I that is between the pharmacist and his confusion to visitors to the parks; am introducing ‘‘The Pharmacy Con- or her employer. In this bill, it is the (6) Catoctin Mountain Park is 1 of 17 units sumer Protection Act of 2005’’ to en- responsibility of the pharmacy, not the in the National Park System and 1 of 9 units sure that our Nation’s pharmacies fill pharmacist, to ensure that prescrip- in the National Capital Region that does not all valid prescriptions without unnec- tions are filled. Pharmacies can accom- have the word ‘‘National’’ in the title; and essary delay or interference. modate their employees in any manner (7) the history, uses, and resources of Ca- We are hearing more and more sto- that they wish as long as customers get toctin Mountain Park make the park appro- ries about pharmacists refusing to fill their medications without delay, inter- priate for designation as a national recre- ation area. prescriptions for contraceptives be- ference, or harassment. (b) PURPOSE.—It is the purpose of this Act cause of their personal beliefs, not Most of our pharmacies receive reim- to designate Catoctin Mountain Park as a their medical concerns. Some of my bursements through Medicaid. When national recreation area to— constituents have told me about their the prescription drug program goes (1) clearly identify the park as a unit of experiences. One woman in Merced into full effect in January, a growing the National Park System; and County was turned away by a phar- number will be part of Medicare. If a (2) distinguish the park from Cunningham macist who said ‘‘we don’t do that pharmacy contracts with our Medicaid Falls State Park. here,’’ but, less than two hours later, or Medicare programs, directly or indi- SEC. 3. DEFINITIONS. another pharmacist in the store filled rectly, they should fulfill their funda- (a) MAP.—The term ‘‘map’’ means the map the same prescription for another cus- mental duty to the patients they serve. entitled ‘‘Catoctin Mountain National Recre- Most pharmacists work hard and do ation Area’’, numbered 841/80444, and dated tomer immediately. It’s not just in California, of course. right by their patients every day. They August 14, 2002. believe in science. They believe that if (b) RECREATION AREA.—The term ‘‘recre- In Menomonie, WI, a pharmacist told ation area’’ means the Catoctin Mountain a woman he wouldn’t fill her prescrip- a doctor writes a valid prescription, it National Recreation Area designated by sec- tion for birth control pills or even should be filled. But, unfortunately, tion 4(a). transfer her prescription to another some have put their personal views (c) SECRETARY.—The term ‘‘Secretary’’ pharmacy. In Fabens, TX, a married over the health of their patients. That means the Secretary of the Interior. is wrong. When people walk into a woman had just had a baby. It had been SEC. 4. CATOCTIN MOUNTAIN NATIONAL RECRE- pharmacy, they should have confidence a C-section. Her doctor told her not to ATION AREA. that they will get the medications they get pregnant again in the near future, (a) DESIGNATION.—Catoctin Mountain Park need, when they need them. The Phar- in the State of Maryland shall be known and and prescribed birth control pills. She designated as the ‘‘Catoctin Mountain Na- macy Consumer Protection Act of 2005 went to get her prescription refilled will help ensure just that. tional Recreation Area’’. while visiting her mother in Fabens. (b) REFERENCES.—Any reference in a law, Unfortunately, the cashier told her map, regulation, document, paper, or other By Mr. DORGAN (for himself and record of the United States to Catoctin that the pharmacist wouldn’t be able Mr. LEVIN): Mountain Park shall be deemed to be a ref- to refill her prescription because birth S. 779. A bill to amend the Internal erence to the Catoctin Mountain National control was ‘‘against his religion’’ and Revenue Code of 1986 to treat con- Recreation Area. was a form of ‘‘abortion.’’ trolled foreign corporations established

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.055 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3565 in tax havens as domestic corporations; that 59 out of the 100 largest publicly- income to offshore tax-haven subsidi- to the Committee on Finance. traded federal contractors in 2001—with aries. For example, any efforts by a Mr. DORGAN. Mr. President, today tens of billions of dollars of federal U.S. company to move profits to the I’m joined by Senator LEVIN of Michi- contracts in 2001—had established hun- subsidiary through transfer pricing gan in introducing legislation that we dreds of subsidiaries located in offshore schemes will not work because the in- believe will help the Internal Revenue tax havens. come earned by the subsidiary would Service (IRS) combat offshore tax- According to the GAO, Exxon-Mobil still be immediately taxable by the haven abuses and ensure that U.S. mul- Corporation, the 21st largest publicly United States. Likewise, any efforts to tinational companies pay the U.S. traded federal contractor in 2001, has move otherwise active income earned taxes that they rightfully owe. some 11 tax-haven subsidiaries in the by a U.S. company in a high-tax for- Tens of millions of taxpayers will be Bahamas. Halliburton Company report- eign country to a tax haven would rushing to file their tax returns in the edly has 17 tax-haven subsidiaries, in- cause the income to be immediately next few days in order to fulfill their cluding 13 in the Cayman Islands, a taxable by the United States. Compa- taxpaying responsibility by the April country that has never imposed a cor- nies that try to move intangible as- 15 filing deadline. Some tax experts es- porate income tax, as well as 2 in sets—and the income they produce—to timate that taxpayers will spend over Liechtenstein and 2 in Panama. And tax havens would be unsuccessful be- $100 billion and more than 6 billion the now infamous Enron Corporation cause the income would still be imme- hours this year trying to comply with had 1,300 different foreign entities, in- diately taxable by the United States. their federal tax obligation. It’s no cluding some 441 located in the Cay- Let me be very clear about one thing. wonder that many Americans are frus- man Islands. This legislation will not adversely im- trated with the current tax system and More recently, former Joint Com- pact U.S. companies with controlled would gladly welcome substantive ef- mittee on Taxation economist Martin foreign subsidiaries that are located in forts to simplify it. Sullivan released a study that looked tax havens and doing legitimate and However, this frustration changes to at the amount of profits that US. com- substantial business. The legislation anger when the taxpayers who pay panies are shifting to offshore tax ha- expressly exempts a U.S.-controlled their taxes on time each year discover vens. He found that U.S. multi- foreign subsidiary from its tax rule that many corporate taxpayers are nationals had moved hundreds of bil- changes when substantially all of its shirking their tax obligations by ac- lions of profits to tax havens for years income is derived from the active con- tively shifting their profits to foreign 1999–2002, the latest years for which duct of a trade or business within a tax havens or using other inappro- IRS data is available. listed tax-haven country. priate tax avoidance techniques. The Although Congress passed legisla- In 2002, then-IRS Commissioner bill that Senator LEVIN and I are intro- tion, which I supported, that addresses Charles Rossotti told Congress that ducing today is a simple and straight- the problem of corporate expatriates ‘‘nothing undermines confidence in the forward way to try to tackle the off- that reincorporate overseas, that legis- tax system more than the impression shore tax-haven problem. lation did nothing to deal with the that the average honest taxpayer has Specifically, our legislation denies problem of U.S. companies that are set- to pay his or her taxes while more tax benefits, namely tax deferral, to ting up tax-haven subsidiaries to avoid wealthy or unscrupulous taxpayers are U.S. multinational companies that set their taxpaying responsibilities in this allowed to get away with not paying.’’ up controlled foreign corporations in country. Last week, IRS Commissioner Everson tax-haven countries by treating those The legislation that we are intro- echoed similar sentiments at a Senate subsidiaries as domestic companies for ducing builds upon the good work of Transportation-Treasury Appropria- U.S. income tax purposes. This tracks Senators GRASSLEY and BAUCUS and tions Subcommittee hearing I attended the same general approach embraced other members of the Senate Finance on the IRS’s FY 2006 budget request. and passed by the Congress in other tax Committee by extending similar tax They are absolutely right. It’s gross- legislation designed to curb the prob- policy changes to cover the case of U.S. ly unfair to ask our Main Street busi- lem of corporate inversions. companies and their tax-haven subsidi- nesses to operate at a competitive dis- We have known for many years that aries. advantage to large multinational busi- some very profitable U.S. multi- Specifically, our legislation would do nesses simply because our tax authori- national businesses are using offshore the following: 1. Treat U.S. controlled ties are unable to grapple with the tax havens to avoid paying their fair foreign subsidiaries that are set up in growing offshore tax avoidance prob- share of U.S. taxes. But Congress has tax-haven countries as domestic com- lem. It is outrageous that tens of mil- really done very little to stop this panies for U.S. tax purposes. In other lions of working families who pay their hemorrhaging of tax revenues. In fact, words, we would simply treat these taxes on time every year are shoul- recent evidence suggests that the tax- companies as if they never left the dering the tax burden of large profit- haven problem is getting much worse United States, which is essentially the able U.S. multinational companies that and may be draining the U.S. Treasury case in these tax avoidance motivated use tax-haven subsidiaries. of tens of billions of dollars every year. transactions. I hope that Congress will act prompt- The New York Times got it right 2. List specific tax-haven countries ly to enact legislation to curb these when it suggested that ‘‘instead of subject to the new rule (based upon the tax-haven subsidiary abuses. I urge my moving headquarters offshore, many previous work by the Organization for colleagues to cosponsor this bill. companies are simply placing patents Economic Cooperation and Develop- on drugs, ownership of corporate logos, ment) and give the Secretary of the f techniques for manufacturing processes Treasury the ability to add or remove and other intangible assets in tax ha- a foreign country from this list in ap- SUBMITTED RESOLUTIONS vens . . . The companies then charge propriate cases. their subsidiaries in higher-tax locales, 3. Provide an exception where sub- including the U.S., for the use of these stantially all of a U.S. controlled for- intellectual properties. This allows the eign corporation’s income is derived SENATE RESOLUTION 106—CON- companies to take profits in these ha- from the active conduct of a trade or GRATULATING THE UNIVERSITY vens and pay far less in taxes.’’ business within the listed tax-haven OF DENVER PIONEERS MEN’S How pervasive is the tax-haven sub- country. HOCKEY TEAM, 2005 NATIONAL sidiary problem? Last year, the Gov- 4. Make these proposed changes effec- COLLEGIATE ATHLETIC ASSOCIA- ernment Accountability Office (GAO), tive beginning after December 31, 2007. TION DIVISION I HOCKEY CHAM- the investigative arm of Congress, This will give businesses ample time to PIONS issued a report that Senator LEVIN and restructure their tax-haven operations Mr. SALAZAR (for himself and Mr. I requested that gives some insight to if they so choose. ALLARD) submitted the following reso- the potential magnitude of this tax This legislation will help end the tax lution; which was considered and avoidance activity. The GAO found benefits for U.S. companies that shift agreed to:

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S. RES. 106 SA 368. Mr. CORZINE (for himself, Mr. NER, Mr. JEFFORDS, Mr. SARBANES, Mr. DAY- Whereas the Denver Pioneers first won the DEWINE, Mr. BROWNBACK, Mr. DURBIN, and TON, Mr. KENNEDY, Ms. LANDRIEU, Mr. REED, National Collegiate Athletic Association Mr. LEAHY) submitted an amendment in- Mr. LAUTENBERG, Mr. FEINGOLD, Mr. DORGAN, (NCAA) Hockey Championship in 1958; tended to be proposed by him to the bill H.R. Mr. KERRY, Mr. CONRAD, Mr. THOMAS, Mr. Whereas the University of Denver has won 1268, supra; which was ordered to lie on the STEVENS, Mr. DEWINE, Mr. COLEMAN, Ms. 7 NCAA Division I Men’s Hockey Champion- table. SNOWE, and Ms. COLLINS) proposed an amend- ships, including back-to-back championships SA 369. Mr. BINGAMAN submitted an ment to the bill H.R. 1268, supra. in 2004 and 2005; amendment intended to be proposed by him SA 388. Mr. BAYH submitted an amend- Whereas on April 9, 2005, the University of to the bill H.R. 1268, supra; which was or- ment intended to be proposed by him to the Denver won the Frozen Four with a hard dered to lie on the table. bill H.R. 1268, supra; which was ordered to lie SA 370. Mr. SALAZAR submitted an fought victory over the University of North on the table. amendment intended to be proposed by him Dakota Fighting Sioux; and SA 389. Mr. REID submitted an amendment to the bill H.R. 1268, supra; which was or- Whereas the Championship ended a terrific intended to be proposed by him to the bill dered to lie on the table. season in which the University of Denver H.R. 1268, supra; which was ordered to lie on SA 371. Mr. NELSON, of Nebraska sub- outscored its opponents 170 to 109 and had a the table. mitted an amendment intended to be pro- record of 31–9–2: Now, therefore, be it SA 390. Mr. OBAMA (for himself, Mr. posed by him to the bill H.R. 1268, supra; Resolved, That the Senate congratulates GRAHAM, Mr. BINGAMAN, and Mr. CORZINE) which was ordered to lie on the table. submitted an amendment intended to be pro- the University of Denver Pioneers men’s SA 372. Mr. CORNYN (for himself and Mrs. hockey team, Coach George Gwozdecky, and posed by him to the bill H.R. 1268, supra; FEINSTEIN) proposed an amendment to the which was ordered to lie on the table. Chancellor Daniel Ritchie on an outstanding bill H.R. 1268, supra. championship season, a season which solidi- SA 391. Mr. OBAMA (for himself and Mr. SA 373. Mrs. FEINSTEIN submitted an DURBIN) submitted an amendment intended fies the Pioneers’ status among the elite in amendment intended to be proposed by her collegiate hockey. to be proposed by him to the bill H.R. 1268, to the bill H.R. 1268, supra; which was or- supra; which was ordered to lie on the table. f dered to lie on the table. SA 392. Mr. OBAMA submitted an amend- SA 374. Mr. KOHL (for himself, Mr. ment intended to be proposed by him to the AMENDMENTS SUBMITTED AND DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. PROPOSED bill H.R. 1268, supra; which was ordered to lie LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. on the table. SA 357. Mr. KOHL (for himself, Mr. LANDRIEU, Mrs. MURRAY, Mr. DORGAN, Mr. SA 393. Mr. KENNEDY submitted an DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. COLEMAN, Mr. OBAMA, and Mr. CORZINE) sub- amendment intended to be proposed by him LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. mitted an amendment intended to be pro- to the bill H.R. 1268, supra; which was or- LANDRIEU, Mrs. MURRAY, Mr. DORGAN, Mr. posed by him to the bill H.R. 1268, supra; dered to lie on the table. COLEMAN, Mr. OBAMA, and Mr. CORZINE) sub- which was ordered to lie on the table. SA 394. Mr. WARNER submitted an amend- SA 375. Mr. CRAIG (for himself and Mr. mitted an amendment intended to be pro- ment intended to be proposed by him to the KENNEDY) submitted an amendment intended posed by him to the bill H.R. 1268, Making bill H.R. 1268, supra; which was ordered to lie to be proposed by him to the bill H.R. 1268, emergency supplemental appropriations for on the table. the fiscal year ending September 30, 2005, to supra; which was ordered to lie on the table. SA 395. Mrs. FEINSTEIN (for herself, Mr. SA 376. Mr. WYDEN (for himself, Mr. establish and rapidly implement regulations BROWNBACK, Mr. LIEBERMAN, Mr. ALEXANDER, SMITH, and Mrs. MURRAY) submitted an for State driver’s license and identification Mr. LEAHY, Mrs. CLINTON, and Mrs. BOXER) amendment intended to be proposed by him document security standards, to prevent ter- proposed an amendment to the bill H.R. 1268, to the bill H.R. 1268, supra; which was or- rorists from abusing the asylum laws of the supra. dered to lie on the table. United States, to unify terrorism-related SA 396. Mr. KOHL submitted an amend- SA 377. Mr. REED (for himself, Ms. SNOWE, grounds for inadmissibility and removal, to ment intended to be proposed by him to the Mr. KENNEDY, Mr. CHAFEE, and Mr. KERRY) ensure expeditious construction of the San bill H.R. 1268, supra; which was ordered to lie submitted an amendment intended to be pro- Diego border fence, and for other purposes; on the table. posed by him to the bill H.R. 1268, supra; which was ordered to lie on the table. SA 397. Mr. LEVIN submitted an amend- which was ordered to lie on the table. SA 358. Mrs. FEINSTEIN (for herself, Mr. SA 378. Mr. SCHUMER submitted an ment intended to be proposed by him to the BROWNBACK, Mr. LIEBERMAN, Mr. ALEXANDER, amendment intended to be proposed by him bill H.R. 1268, supra; which was ordered to lie Mr. LEAHY, Mrs. BOXER, and Mrs. CLINTON) to the bill H.R. 1268, supra; which was or- on the table. submitted an amendment intended to be pro- SA 398. Mr. DORGAN (for himself, Mr. dered to lie on the table. posed by her to the bill H.R. 1268, supra; SA 379. Mrs. HUTCHISON (for herself and DURBIN, Mr. LAUTENBERG, and Mr. HARKIN) which was ordered to lie on the table. Mr. SCHUMER) submitted an amendment in- submitted an amendment intended to be pro- SA 359. Mrs. FEINSTEIN submitted an tended to be proposed by her to the bill H.R. posed by him to the bill H.R. 1268, supra; amendment intended to be proposed by her 1268, supra; which was ordered to lie on the which was ordered to lie on the table. to the bill H.R. 1268, supra; which was or- table. SA 399. Mr. DORGAN submitted an amend- dered to lie on the table. SA 380. Mr. KOHL (for himself, Mr. ment intended to be proposed by him to the SA 360. Mrs. FEINSTEIN submitted an DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. bill H.R. 1268, supra; which was ordered to lie amendment intended to be proposed by her LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. on the table. to the bill H.R. 1268, supra; which was or- LANDRIEU, Mrs. MURRAY, Mr. DORGAN, Mr. SA 400. Mr. JEFFORDS submitted an dered to lie on the table. COLEMAN, Mr. OBAMA, and Mr. CORZINE) sub- amendment intended to be proposed by him SA 361. Mr. REID (for himself and Mr. mitted an amendment intended to be pro- to the bill H.R. 1268, supra; which was or- LEVIN) submitted an amendment intended to posed by him to the bill H.R. 1268, supra; dered to lie on the table. be proposed by him to the bill H.R. 1268, which was ordered to lie on the table. SA 401. Mr. COCHRAN (for Mr. MCCON- supra; which was ordered to lie on the table. SA 381. Mr. CHAMBLISS (for himself and NELL) proposed an amendment to the bill SA 362. Mrs. FEINSTEIN submitted an Mr. KYL) submitted an amendment intended H.R. 1268, supra. amendment intended to be proposed by her to be proposed by him to the bill H.R. 1268, SA 402. Mr. COCHRAN (for Mr. MCCONNELL to the bill H.R. 1268, supra; which was or- supra; which was ordered to lie on the table. (for himself, Mr. LEAHY, and Mr. OBAMA)) dered to lie on the table. SA 382. Mrs. FEINSTEIN submitted an proposed an amendment to the bill H.R. 1268, SA 363. Mr. SARBANES (for himself and amendment intended to be proposed by her supra. Ms. MIKULSKI) submitted an amendment in- to the bill H.R. 1268, supra; which was or- SA 403. Mr. COCHRAN (for Mr. LUGAR (for tended to be proposed by him to the bill H.R. dered to lie on the table. himself and Mr . BIDEN)) proposed an amend- 1268, supra; which was ordered to lie on the SA 383. Mrs. FEINSTEIN submitted an ment to the bill H.R. 1268, supra. table. amendment intended to be proposed by her SA 404. Mr. COCHRAN (for Mr. LEAHY) pro- SA 364. Mr. BROWNBACK submitted an to the bill H.R. 1268, supra; which was or- posed an amendment to the bill H.R. 1268, amendment intended to be proposed by him dered to lie on the table. supra. to the bill H.R. 1268, supra; which was or- SA 384. Mrs. FEINSTEIN submitted an SA 405. Mr. COCHRAN (for Mr. LEAHY) pro- dered to lie on the table. amendment intended to be proposed by her posed an amendment to the bill H.R. 1268, SA 365. Mr. BROWNBACK submitted an to the bill H.R. 1268, supra; which was or- supra. amendment intended to be proposed by him dered to lie on the table. SA 406. Mr. BAYH (for himself, Mr. PRYOR, to the bill H.R. 1268, supra; which was or- SA 385. Mrs. FEINSTEIN submitted an and Mr. CORZINE) proposed an amendment to dered to lie on the table. amendment intended to be proposed by her the bill H.R. 1268, supra. SA 366. Mr. CORZINE (for himself and Mr. to the bill H.R. 1268, supra; which was or- SA 407. Mr. REID submitted an amendment BROWNBACK) submitted an amendment in- dered to lie on the table. intended to be proposed by him to the bill tended to be proposed by him to the bill H.R. SA 386. Mr. STEVENS (for himself and Mr. H.R. 1268, supra; which was ordered to lie on 1268, supra; which was ordered to lie on the INOUYE) proposed an amendment to the bill the table. table. H.R. 1268, supra. SA 408. Mrs. FEINSTEIN (for herself and SA 367. Mr. BYRD proposed an amendment SA 387. Ms. MIKULSKI (for herself, Mr. Mrs. BOXER) submitted an amendment in- to the bill H.R. 1268, supra. ALLEN, Mr. LEAHY, Mr. CORZINE, Mr. WAR- tended to be proposed by her to the bill H.R.

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.057 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3567 1268, supra; which was ordered to lie on the (1) the Senate conferees should not agree by her to the bill H.R. 1268, Making table. to the inclusion of language from division B emergency supplemental appropria- SA 409. Mr. JEFFORDS submitted an of the Act (as passed by the House of Rep- tions for the fiscal year ending Sep- amendment intended to be proposed by him resentatives on March 16, 2005) in the con- tember 30, 2005, to establish and rapidly to the bill H.R. 1268, supra; which was or- ference report; dered to lie on the table. (2) the language referred to in paragraph implement regulations for State driv- SA 410. Mr. ENSIGN submitted an amend- (1) is contained in H.R. 418, which was— er’s license and identification docu- ment intended to be proposed by him to the (A) passed by the House of Representatives ment security standards, to prevent bill H.R. 1268, supra; which was ordered to lie on February 10, 2005; and terrorists from abusing the asylum on the table. (B) referred to the Committee on the Judi- laws of the United States, to unify ter- SA 411. Mr. SESSIONS (for Mr. BAUCUS (for ciary of the Senate on February 17, 2005; and rorism-related grounds for inadmis- himself, Mr. GRASSLEY, Ms. LANDRIEU, Mr. (3) the Committee on the Judiciary is the sibility and removal, to ensure expedi- LOTT, Mrs. FEINSTEIN, Mr. VITTER, Mr. NEL- appropriate committee to address this mat- tious construction of the San Diego SON of Florida, Mr. BOND, and Mr. MAR- ter. TINEZ)) proposed an amendment to the bill border fence, and for other purposes; H.R. 1134, to amend the Internal Revenue SA 359. Mrs. FEINSTEIN submitted which was ordered to lie on the table; Code of 1986 to provide for the proper tax an amendment intended to be proposed as follows: treatment of certain disaster mitigation by her to the bill H.R. 1268, Making On page 231, between lines 3 and 4, insert payments. emergency supplemental appropria- the following: f tions for the fiscal year ending Sep- USE OF GUANTANAMO BAY DETENTION TEXT OF AMENDMENTS tember 30, 2005, to establish and rapidly FACILITIES SEC. 6047. (a) The Secretary of Defense, the SA 357. Mr. KOHL (for himself, Mr. implement regulations for State driv- er’s license and identification docu- Attorney General of the United States, and DEWINE, Mr. HARKIN, Mr. DURBIN, Mr. the Director of National Intelligence (upon LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. ment security standards, to prevent terrorists from abusing the asylum confirmation) shall submit a report to Con- LANDRIEU, Mrs. MURRAY, Mr. DORGAN, gress, in both classified and unclassified Mr. COLEMAN, Mr. OBAMA, and Mr. laws of the United States, to unify ter- form, assessing the use of detention facilities CORZINE) submitted an amendment in- rorism-related grounds for inadmis- at Guantanamo Bay, Cuba, including— tended to be proposed by him to the sibility and removal, to ensure expedi- (1) a statement of the rationale for using bill H.R. 1268, Making emergency sup- tious construction of the San Diego Guantanamo Bay as the location for deten- plemental appropriations for the fiscal border fence, and for other purposes; tion facilities; (2) a comparison of the costs of maintain- year ending September 30, 2005, to es- which was ordered to lie on the table; as follows: ing such a facility at Guantanamo Bay with tablish and rapidly implement regula- maintaining a similar facility within the tions for State driver’s license and At the appropriate place, insert the fol- United States; identification document security lowing: (3) a comparison of the measures necessary standards, to prevent terrorists from SEC. ll. IMMIGRATION FRAUD. to maintain the facility securely at Guanta- abusing the asylum laws of the United (a) FRAUDULENT USE OF PASSPORTS.— namo Bay with maintaining a similar facil- (1) CRIMINAL CODE.— ity within the United States; States, to unify terrorism-related (A) SECRETARY OF HOMELAND SECURITY.— grounds for inadmissibility and re- (4) a comprehensive listing of interroga- Section 1546 of title 18, United States Code, tion techniques which could be lawfully used moval, to ensure expeditious construc- is amended by striking ‘‘the Commissioner of at Guantanamo Bay, but not at a location tion of the San Diego border fence, and the Immigration and Naturalization Serv- within the United States; and for other purposes; which was ordered ice’’ each place it appears and inserting ‘‘the (5) an analysis of procedural rights, includ- to lie on the table; as follows: Secretary of Homeland Security’’. ing rights of appeal and review, which would In the bill, on page 171, line 2 strike (B) DEFINITION OF PASSPORT.—Chapter 75 of be available to a detainee held within the ‘‘$150,000,000 through ‘‘expended’’ and insert title 18, United States Code, is amended by United States, but not available to a simi- in lieu thereof the following: adding at the end the following: larly situated detainee held at Guantanamo ‘‘$470,000,000 to remain available until ex- ‘‘§ 1548. Definition Bay. pended: Provided, That from this amount, to ‘‘In sections 1543 and 1544, the term ‘pass- (b) The report under subsection (a) shall be the maximum extent possible, funding shall port’ means any passport issued by the submitted not later than 90 days after the be restored to the previously approved fiscal United States or any foreign country.’’. date of enactment of this Act. year 2005 programs under section 204(a)(2) of (C) CLERICAL AMENDMENT.—The table of (c) Funds appropriated or otherwise made the Agricultural Trade Development and As- sections for chapter 75 of title 18, United available under this Act related to improve- sistance Act of 1954: Provided further, That States Code, is amended by adding at the end ments to facilities at Guantanamo Bay shall of the funds provided under this heading, the following: not be obligated until and unless the report $12,000,000 shall be available to carry out pro- ‘‘Sec. 1548. Definition.’’. is submitted to Congress. grams under the Food for Progress Act of (2) IMMIGRATION AND NATIONALITY ACT.— 1985’’. SA 361. Mr. REID (for himself and Section 101(a)(43)(P) of the Immigration and Mr. LEVIN) submitted an amendment SA 358. Mrs. FEINSTEIN (for herself, Nationality Act (8 U.S.C. 1101(a)(43)(P)) is amended to read as follows: intended to be proposed by him to the Mr. BROWNBACK, Mr. LIEBERMAN, Mr. ‘‘(P)(i) an offense described in section 1542, bill H.R. 1268, Making emergency sup- ALEXANDER, Mr. LEAHY, Mrs. BOXER, 1543, or 1544 of title 18, United States Code plemental appropriations for the fiscal and Mrs. CLINTON) submitted an (relating to false statements in the applica- year ending September 30, 2005, to es- amendment intended to be proposed by tion, forgery, or misuse of a passport); tablish and rapidly implement regula- her to the bill H.R. 1268, Making emer- ‘‘(ii) an offense described in section 1546(a) tions for State driver’s license and gency supplemental appropriations for of title 18, United States Code, relating to identification document security the fiscal year ending September 30, document fraud used as evidence of author- standards, to prevent terrorists from ized stay or employment in the United 2005, to establish and rapidly imple- abusing the asylum laws of the United ment regulations for State driver’s li- States for which the term of imprisonment is at least 12 months; or States, to unify terrorism-related cense and identification document se- ‘‘(iii) any other offense described in section grounds for inadmissibility and re- curity standards, to prevent terrorists 1546(a) of title 18, United States Code, relat- moval, to ensure expeditious construc- from abusing the asylum laws of the ing to entry into the United States, regard- tion of the San Diego border fence, and United States, to unify terrorism-re- less of the term of imprisonment imposed.’’. for other purposes; which was ordered lated grounds for inadmissibility and (b) RELEASE AND DETENTION PRIOR TO DIS- to lie on the table; as follows: removal, to ensure expeditious con- POSITION.—Section 3142(f)(1) of title 18, United States Code, is amended— On page 169, between lines 8 and 9, insert struction of the San Diego border the following: fence, and for other purposes; which (1) in subparagraph (C), by striking ‘‘or’’ after the semicolon; and SENSE OF SENATE ON TREATMENT OF CERTAIN was ordered to lie on the table; as fol- (2) by adding at the end the following: VETERANS UNDER REPEAL OF PHASE-IN OF lows: ‘‘(E) an offense under section 1542, 1543, CONCURRENT RECEIPT OF RETIRED PAY AND At the appropriate place, insert the fol- 1544, or 1546(a) of this title; or’’. VETERANS DISABILITY COMPENSATION lowing: SEC. 1122. It is the sense of the Senate that SEC. ll. SENSE OF THE SENATE. SA 360. Mrs. FEINSTEIN submitted any veteran with a service-connected dis- It is the sense of the Senate that— an amendment intended to be proposed ability rated as total by virtue of having

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(ii) to consult, telephonically, with the Of- qualifies for treatment as a qualified retiree 1101(a)) is amended by adding at the end the fice. for purposes of section 1414 of title 10, United following: (3) RULE FOR APPREHENSIONS AT THE BOR- States Code, should be entitled to treatment ‘‘(51) The term ‘unaccompanied alien child’ DER.—The custody of unaccompanied alien as qualified retiree receiving veterans dis- means a child who— children not described in paragraph (2) who ability compensation for a disability rated ‘‘(A) has no lawful immigration status in are apprehended at the border of the United as 100 percent for purposes of the final clause the United States; States or at a United States port of entry of subsection (a)(1) of such section, as ‘‘(B) has not attained the age of 18; and shall be treated in accordance with sub- amended by section 642 of the Ronald W. ‘‘(C) with respect to whom— section (b). Reagan National Defense Authorization Act ‘‘(i) there is no parent or legal guardian in (b) CARE AND CUSTODY OF UNACCOMPANIED for Fiscal Year 2005 (Public Law 108–375; 118 the United States; or ALIEN CHILDREN FOUND IN THE INTERIOR OF Stat. 1957), and thus entitled to payment of ‘‘(ii) no parent or legal guardian in the THE UNITED STATES.— both retired pay and veterans’ disability United States is able to provide care and (1) ESTABLISHMENT OF JURISDICTION.— compensation under such section 1414 com- physical custody. (A) IN GENERAL.—Except as otherwise pro- mencing as of January 1, 2005. ‘‘(52) The term ‘unaccompanied refugee vided under subparagraphs (B) and (C) and children’ means persons described in para- subsection (a), the care and custody of all SA 362. Mrs. FEINSTEIN submitted graph (42) who— unaccompanied alien children, including re- an amendment intended to be proposed ‘‘(A) have not attained the age of 18; and sponsibility for their detention, where appro- by her to the bill H.R. 1268, Making ‘‘(B) with respect to whom there are no priate, shall be under the jurisdiction of the emergency supplemental appropria- parents or legal guardians available to pro- Office. tions for the fiscal year ending Sep- vide care and physical custody.’’. (B) EXCEPTION FOR CHILDREN WHO HAVE COM- tember 30, 2005, to establish and rapidly (c) RULE OF CONSTRUCTION.—A department MITTED CRIMES.—Notwithstanding subpara- implement regulations for State driv- or agency of a State, or an individual or en- graph (A), the Directorate shall retain or as- sume the custody and care of any unaccom- er’s license and identification docu- tity appointed by a State court or juvenile court located in the United States, acting in panied alien child who— ment security standards, to prevent (i) has been charged with any felony, ex- terrorists from abusing the asylum loco parentis, shall not be considered a legal guardian for purposes of section 462 of the cluding offenses proscribed by the Immigra- laws of the United States, to unify ter- Homeland Security Act of 2002 (6 U.S.C. 279) tion and Nationality Act (8 U.S.C. 1101 et rorism-related grounds for inadmis- or this Act. seq.), while such charges are pending; or (ii) has been convicted of any such felony. sibility and removal, to ensure expedi- Subtitle A—Custody, Release, Family (C) EXCEPTION FOR CHILDREN WHO THREATEN tious construction of the San Diego Reunification, and Detention border fence, and for other purposes; NATIONAL SECURITY.—Notwithstanding sub- SEC. 711. PROCEDURES WHEN ENCOUNTERING which was ordered to lie on the table; paragraph (A), the Directorate shall retain UNACCOMPANIED ALIEN CHILDREN. or assume the custody and care of an unac- as follows: (a) UNACCOMPANIED CHILDREN FOUND ALONG companied alien child if the Secretary has On page 231, between lines 3 and 4, insert THE UNITED STATES BORDER OR AT UNITED substantial evidence, based on an individual- the following: STATES PORTS OF ENTRY.— ized determination, that such child could TITLE VII—UNACCOMPANIED ALIEN (1) IN GENERAL.—Subject to paragraph (2), personally endanger the national security of CHILD PROTECTION ACT OF 2005 if an immigration officer finds an unaccom- the United States. SEC. 701. SHORT TITLE. panied alien child who is described in para- (D) TRAFFICKING VICTIMS.—For purposes of This Act may be cited as the ‘‘Unaccom- graph (2) at a land border or port of entry of this title and section 462 of the Homeland Se- panied Alien Child Protection Act of 2005’’. the United States and determines that such curity Act of 2002 (6 U.S.C. 279), an unaccom- SEC. 702. DEFINITIONS. child is inadmissible under the Immigration panied alien child who is eligible for services (a) IN GENERAL.—In this title: and Nationality Act (8 U.S.C. 1101 et seq.), authorized under the Victims of Trafficking (1) COMPETENT.—The term ‘‘competent’’, in the officer shall— and Violence Protection Act of 2000 (Public reference to counsel, means an attorney (A) permit such child to withdraw the Law 106–386), shall be considered to be in the who— child’s application for admission pursuant to custody of the Office. (A) complies with the duties set forth in section 235(a)(4) of the Immigration and Na- (2) NOTIFICATION.— this title; tionality Act (8 U.S.C. 1225(a)(4)); and (A) IN GENERAL.—The Secretary shall (B) is a member in good standing of the bar (B) return such child to the child’s country promptly notify the Office upon— of the highest court of any State, possession, of nationality or country of last habitual (i) the apprehension of an unaccompanied territory, Commonwealth, or the District of residence. alien child; Columbia; (2) SPECIAL RULE FOR CONTIGUOUS COUN- (ii) the discovery that an alien in the cus- (C) is not under any order of any court sus- TRIES.— tody of the Directorate is an unaccompanied pending, enjoining, restraining, disbarring, (A) IN GENERAL.—Any child who is a na- alien child; or otherwise restricting the attorney in the tional or habitual resident of a country that (iii) any claim by an alien in the custody of practice of law; and is contiguous with the United States and the Directorate that such alien is under the (D) is properly qualified to handle matters that has an agreement in writing with the age of 18; or involving unaccompanied immigrant chil- United States providing for the safe return (iv) any suspicion that an alien in the cus- dren or is working under the auspices of a and orderly repatriation of unaccompanied tody of the Directorate who has claimed to qualified nonprofit organization that is expe- alien children who are nationals or habitual be over the age of 18 is actually under the rienced in handling such matters. residents of such country shall be treated in age of 18. (2) DIRECTOR.—The term ‘‘Director’’ means accordance with paragraph (1), if a deter- (B) SPECIAL RULE.—In the case of an alien the Director of the Office. mination is made on a case-by-case basis described in clause (iii) or (iv) of subpara- (3) DIRECTORATE.—The term ‘‘Directorate’’ that— graph (A), the Director shall make an age de- means the Directorate of Border and Trans- (i) such child is a national or habitual resi- termination in accordance with section 715 portation Security established by section 401 dent of a country described in this subpara- and take whatever other steps are necessary of the Homeland Security Act of 2002 (6 graph; to determine whether such alien is eligible U.S.C. 201). (ii) such child does not have a fear of re- for treatment under section 462 of the Home- (4) OFFICE.—The term ‘‘Office’’ means the turning to the child’s country of nationality land Security Act of 2002 (6 U.S.C. 279) or this Office of Refugee Resettlement established or country of last habitual residence owing Act. by section 411 of the Immigration and Na- to a fear of persecution; (3) TRANSFER OF UNACCOMPANIED ALIEN tionality Act (8 U.S.C. 1521). (iii) the return of such child to the child’s CHILDREN.— (5) SECRETARY.—The term ‘‘Secretary’’ country of nationality or country of last ha- (A) TRANSFER TO THE OFFICE.—The care and means the Secretary of Homeland Security. bitual residence would not endanger the life custody of an unaccompanied alien child (6) UNACCOMPANIED ALIEN CHILD.—The term or safety of such child; and shall be transferred to the Office— ‘‘unaccompanied alien child’’ has the mean- (iv) the child is able to make an inde- (i) in the case of a child not described in ing given the term in section 462(g)(2) of the pendent decision to withdraw the child’s ap- subparagraph (B) or (C) of paragraph (1), not Homeland Security Act of 2002 (6 U.S.C. plication for admission due to age or other later than 72 hours after a determination is 279(g)(2)). lack of capacity. made that such child is an unaccompanied (7) VOLUNTARY AGENCY.—The term ‘‘vol- (B) RIGHT OF CONSULTATION.—Any child de- alien child; untary agency’’ means a private, nonprofit scribed in subparagraph (A) shall have the (ii) in the case of a child whose custody voluntary agency with expertise in meeting right, and shall be informed of that right in and care has been retained or assumed by the the cultural, developmental, or psycho- the child’s native language— Directorate pursuant to subparagraph (B) or logical needs of unaccompanied alien chil- (i) to consult with a consular officer from (C) of paragraph (1), immediately following a dren, as certified by the Director. the child’s country of nationality or country determination that the child no longer meets (b) AMENDMENTS TO THE IMMIGRATION AND of last habitual residence prior to repatri- the description set forth in such subpara- NATIONALITY ACT.—Section 101(a) of the Im- ation; and graphs; or

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(iii) in the case of a child who was pre- (B) RULE OF CONSTRUCTION.—Nothing in SEC. 713. APPROPRIATE CONDITIONS FOR DE- viously released to an individual or entity this title shall be construed to— TENTION OF UNACCOMPANIED described in section 712(a)(1), upon a deter- (i) supersede obligations under any treaty ALIEN CHILDREN. mination by the Director that such indi- or other international agreement to which (a) STANDARDS FOR PLACEMENT.— vidual or entity is no longer able to care for the United States is a party, including The (1) PROHIBITION OF DETENTION IN CERTAIN the child. Hague Convention on the Civil Aspects of FACILITIES.—Except as provided in paragraph (2), an unaccompanied alien child shall not (B) TRANSFER TO THE DIRECTORATE.—Upon International Child Abduction, the Vienna determining that a child in the custody of Declaration and Program of Action, and the be placed in an adult detention facility or a facility housing delinquent children. the Office is described in subparagraph (B) or Declaration of the Rights of the Child; or (2) DETENTION IN APPROPRIATE FACILITIES.— (C) of paragraph (1), the Director shall trans- (ii) limit any right or remedy under such An unaccompanied alien child who has ex- fer the care and custody of such child to the international agreement. hibited a violent or criminal behavior that Directorate. (4) PROTECTION FROM SMUGGLERS AND TRAF- endangers others may be detained in condi- (C) PROMPTNESS OF TRANSFER.—In the FICKERS.— tions appropriate to such behavior in a facil- event of a need to transfer a child under this (A) POLICIES AND PROGRAMS.— ity appropriate for delinquent children. paragraph, the sending office shall make (i) IN GENERAL.—The Director shall estab- (3) STATE LICENSURE.—A child shall not be prompt arrangements to transfer such child lish policies and programs to ensure that un- placed with an entity described in section and the receiving office shall make prompt accompanied alien children are protected 712(a)(1)(E), unless the entity is licensed by from smugglers, traffickers, or other persons arrangements to receive such child. an appropriate State agency to provide resi- seeking to victimize or otherwise engage (c) AGE DETERMINATIONS.—In any case in dential, group, child welfare, or foster care such children in criminal, harmful, or ex- which the age of an alien is in question and services for dependent children. ploitative activity. the resolution of questions about the age of (4) CONDITIONS OF DETENTION.— (ii) WITNESS PROTECTION PROGRAMS IN- such alien would affect the alien’s eligibility (A) IN GENERAL.—The Director and the Sec- CLUDED.—Programs established pursuant to for treatment under section 462 of the Home- retary of Homeland Security shall promul- clause (i) may include witness protection land Security Act of 2002 (6 U.S.C. 279) or this gate regulations incorporating standards for Act, a determination of whether or not such programs. conditions of detention in such placements alien meets such age requirements shall be (B) CRIMINAL INVESTIGATIONS AND PROSECU- that provide for— made by the Director in accordance with sec- TIONS.—Any officer or employee of the Office (i) educational services appropriate to the tion 715. or the Department of Homeland Security, child; and any grantee or contractor of the Office, SEC. 712. FAMILY REUNIFICATION FOR UNAC- (ii) medical care; COMPANIED ALIEN CHILDREN WITH who suspects any individual of involvement (iii) mental health care, including treat- RELATIVES IN THE UNITED STATES. in any activity described in subparagraph (A) ment of trauma, physical and sexual vio- (a) PLACEMENT AUTHORITY.— shall report such individual to Federal or lence, or abuse; (1) ORDER OF PREFERENCE.—Subject to the State prosecutors for criminal investigation (iv) access to telephones; discretion of the Director under paragraph and prosecution. (v) access to legal services; (4), section 713(a)(2) of this Act, and section (C) DISCIPLINARY ACTION.—Any officer or (vi) access to interpreters; 462(b)(2) of the Homeland Security Act of employee of the Office or the Department of (vii) supervision by professionals trained in 2002 (6 U.S.C. 279(b)(2)), an unaccompanied Homeland Security, and any grantee or con- the care of children, taking into account the alien child in the custody of the Office shall tractor of the Office, who suspects an attor- special cultural, linguistic, and experiential be promptly placed with 1 of the following ney of involvement in any activity described needs of children in immigration pro- individuals or entities in the following order in subparagraph (A) shall report the indi- ceedings; of preference: vidual to the State bar association of which (viii) recreational programs and activities; (A) A parent who seeks to establish cus- the attorney is a member, or to other appro- (ix) spiritual and religious needs; and tody, as described in paragraph (3)(A). priate disciplinary authorities, for appro- (x) dietary needs. (B) A legal guardian who seeks to establish priate disciplinary action, which may in- (B) NOTIFICATION OF CHILDREN.—Regula- custody, as described in paragraph (3)(A). clude private or public admonition or cen- tions promulgated under subparagraph (A) (C) An adult relative. sure, suspension, or disbarment of the attor- shall provide that all children are notified of (D) An individual or entity designated by ney from the practice of law. such standards orally and in writing in the the parent or legal guardian that is capable (5) GRANTS AND CONTRACTS.—The Director child’s native language. and willing to care for the well-being of the may award grants to, and enter into con- (b) PROHIBITION OF CERTAIN PRACTICES.— child. tracts with, voluntary agencies to carry out The Director and the Secretary shall develop (E) A State-licensed juvenile shelter, group this section or section 462 of the Homeland procedures prohibiting the unreasonable use home, or foster care program willing to ac- Security Act of 2002 (6 U.S.C. 279). of— cept physical custody of the child. (6) REIMBURSEMENT OF STATE EXPENSES.— (1) shackling, handcuffing, or other re- (F) A qualified adult or entity seeking cus- The Director may reimburse States for any straints on children; tody of the child when it appears that there expenses they incur in providing assistance (2) solitary confinement; or is no other likely alternative to long-term to unaccompanied alien children who are (3) pat or strip searches. (c) RULE OF CONSTRUCTION.—Nothing in detention and family reunification does not served pursuant to this title or section 462 of this section shall be construed to supersede appear to be a reasonable alternative. For the Homeland Security Act of 2002 (6 U.S.C. 279). procedures favoring release of children to ap- purposes of this subparagraph, the Office propriate adults or entities or placement in shall decide who is a qualified adult or entity (b) CONFIDENTIALITY.—All information ob- tained by the Office relating to the immigra- the least secure setting possible, as defined and promulgate regulations in accordance tion status of a person described in subpara- in the Stipulated Settlement Agreement with such decision. graphs (A), (B), and (C) of subsection (a)(1) under Flores v. Reno. (2) SUITABILITY ASSESSMENT.—Notwith- shall remain confidential and may be used SEC. 714. REPATRIATED UNACCOMPANIED ALIEN standing paragraph (1), no unaccompanied only for the purposes of determining such CHILDREN. alien child shall be placed with a person or person’s qualifications under subsection (a) COUNTRY CONDITIONS.— entity unless a valid suitability assessment (a)(1). (1) SENSE OF CONGRESS.—It is the sense of conducted by an agency of the State of the (c) REQUIRED DISCLOSURE.—The Secretary Congress that, to the extent consistent with child’s proposed residence, by an agency au- of Health and Human Services or the Sec- the treaties and other international agree- thorized by that State to conduct such an as- retary of Homeland Security shall provide ments to which the United States is a party, sessment, or by an appropriate voluntary the information furnished under this section, and to the extent practicable, the United agency contracted with the Office to conduct and any other information derived from such States Government should undertake efforts such assessments, has found that the person furnished information, to— to ensure that it does not repatriate children or entity is capable of providing for the (1) a duly recognized law enforcement enti- in its custody into settings that would child’s physical and mental well-being. ty in connection with an investigation or threaten the life and safety of such children. (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO prosecution of an offense described in para- (2) ASSESSMENT OF CONDITIONS.— CUSTODY OF UNACCOMPANIED ALIEN CHILD.— graph (2) or (3) of section 212(a) of the Immi- (A) IN GENERAL.—The annual Country Re- (A) PLACEMENT WITH PARENT OR LEGAL gration and Nationality Act (8 U.S.C. ports on Human Rights Practices published GUARDIAN.—If an unaccompanied alien child 1182(a)), when such information is requested by the Department of State shall contain an is placed with any person or entity other in writing by such entity; or assessment of the degree to which each coun- than a parent or legal guardian, and subse- (2) an official coroner for purposes of af- try protects children from smugglers and quent to that placement a parent or legal firmatively identifying a deceased individual traffickers. guardian seeks to establish custody, the Di- (whether or not such individual is deceased (B) FACTORS FOR ASSESSMENT.—The Direc- rector shall— as a result of a crime). torate shall consult the Country Reports on (i) assess the suitability of placing the (d) PENALTY.—Whoever knowingly uses, Human Rights Practices and the Trafficking child with the parent or legal guardian; and publishes, or permits information to be ex- in Persons Report in assessing whether to re- (ii) make a written determination on the amined in violation of this section shall be patriate an unaccompanied alien child to a child’s placement within 30 days. fined not more than $10,000. particular country.

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(b) REPORT ON REPATRIATION OF UNACCOM- (ii) possesses special training on the nature (A) the circumstances and conditions that PANIED ALIEN CHILDREN.— of problems encountered by unaccompanied unaccompanied alien children face; and (1) IN GENERAL.—Not later than 18 months alien children. (B) various immigration benefits for which after the date of enactment of this Act, and (B) PROHIBITION.—A guardian ad litem such alien child might be eligible. annually thereafter, the Secretary shall sub- shall not be an employee of the Directorate, (c) PILOT PROGRAM.— mit a report to the Committee on the Judici- the Office, or the Executive Office for Immi- (1) IN GENERAL.—Not later than 180 days ary of the Senate and the Committee on the gration Review. after the date of enactment of this Act, the Judiciary of the House of Representatives on (3) DUTIES.—The guardian ad litem shall— Director shall establish and begin to carry efforts to repatriate unaccompanied alien (A) conduct interviews with the child in a out a pilot program to test the implementa- children. manner that is appropriate, taking into ac- tion of subsection (a). (2) CONTENTS.—The report submitted under count the child’s age; (2) PURPOSE.—The purpose of the pilot pro- paragraph (1) shall include— (B) investigate the facts and circumstances gram established under paragraph (1) is to— (A) the number of unaccompanied alien relevant to the child’s presence in the United (A) study and assess the benefits of pro- children ordered removed and the number of States, including facts and circumstances— viding guardians ad litem to assist unaccom- such children actually removed from the (i) arising in the country of the child’s na- panied alien children involved in immigra- United States; tionality or last habitual residence; and tion proceedings or matters; (B) a description of the type of immigra- (ii) arising subsequent to the child’s depar- (B) assess the most efficient and cost-effec- tion relief sought and denied to such chil- ture from such country; tive means of implementing the guardian ad dren; (C) work with counsel to identify the litem provisions in this section; and (C) a statement of the nationalities, ages, child’s eligibility for relief from removal or (C) assess the feasibility of implementing and gender of such children; voluntary departure by sharing with counsel such provisions on a nationwide basis for all (D) a description of the procedures used to information collected under subparagraph unaccompanied alien children in the care of effect the removal of such children from the (B); the Office. United States; (D) develop recommendations on issues rel- (3) SCOPE OF PROGRAM.— (E) a description of steps taken to ensure ative to the child’s custody, detention, re- (A) SELECTION OF SITE.—The Director shall that such children were safely and humanely lease, and repatriation; select 3 sites in which to operate the pilot repatriated to their country of origin; and (E) take reasonable steps to ensure that— program established under paragraph (1). (F) any information gathered in assess- (i) the best interests of the child are pro- (B) NUMBER OF CHILDREN.—To the greatest ments of country and local conditions pursu- moted while the child participates in, or is extent possible, each site selected under sub- ant to subsection (a)(2). subject to, proceedings or matters under the paragraph (A) should have at least 25 chil- SEC. 715. ESTABLISHING THE AGE OF AN UNAC- Immigration and Nationality Act (8 U.S.C. dren held in immigration custody at any COMPANIED ALIEN CHILD. 1101 et seq.); given time. (a) PROCEDURES.— (ii) the child understands the nature of the (4) REPORT TO CONGRESS.—Not later than 1 (1) IN GENERAL.—The Director shall develop legal proceedings or matters and determina- year after the date on which the first pilot procedures to make a prompt determination tions made by the court, and that all infor- program site is established under paragraph of the age of an alien in the custody of the mation is conveyed to the child in an age-ap- (1), the Director shall submit a report on the Department of Homeland Security or the Of- propriate manner; and achievement of the purposes described in fice, when the age of the alien is at issue. (F) report factual findings relating to— paragraph (2) to the Committee on the Judi- (2) EVIDENCE.—The procedures developed (i) information collected under subpara- ciary of the Senate and the Committee on under paragraph (1) shall— graph (B); the Judiciary of the House of Representa- (A) permit the presentation of multiple (ii) the care and placement of the child tives. forms of evidence, including testimony of during the pendency of the proceedings or the child, to determine the age of the unac- matters; and SEC. 722. COUNSEL. companied alien for purposes of placement, (iii) any other information collected under (a) ACCESS TO COUNSEL.— custody, parole, and detention; and subparagraph (D). (1) IN GENERAL.—The Director should en- (B) allow the appeal of a determination to (4) TERMINATION OF APPOINTMENT.—The sure that all unaccompanied alien children an immigration judge. guardian ad litem shall carry out the duties in the custody of the Office or the Direc- (3) ACCESS TO ALIEN.—The Secretary of described in paragraph (3) until the earliest torate, who are not described in section Homeland Security shall permit the Office to of the date on which— 711(a)(2), have competent counsel to rep- have reasonable access to aliens in the cus- (A) those duties are completed; resent them in immigration proceedings or tody of the Secretary so as to ensure a (B) the child departs the United States; matters. prompt determination of the age of such (C) the child is granted permanent resident (2) PRO BONO REPRESENTATION.—To the alien. status in the United States; maximum extent practicable, the Director (b) PROHIBITION ON SOLE MEANS OF DETER- (D) the child attains the age of 18; or should— MINING AGE.—Radiographs or the attestation (E) the child is placed in the custody of a (A) make every effort to utilize the serv- of an alien shall not be used as the sole parent or legal guardian. ices of competent pro bono counsel who means of determining age for the purposes of (5) POWERS.—The guardian ad litem— agree to provide representation to such chil- determining an alien’s eligibility for treat- (A) shall have reasonable access to the dren without charge; and ment under this title or section 462 of the child, including access while such child is (B) ensure that placements made under Homeland Security Act of 2002 (6 U.S.C. 279). being held in detention or in the care of a subparagraphs (D), (E), and (F) of section (c) RULE OF CONSTRUCTION.—Nothing in foster family; 712(a)(1) are in cities where there is a dem- this section shall be construed to place the (B) shall be permitted to review all records onstrated capacity for competent pro bono burden of proof in determining the age of an and information relating to such proceedings representation. alien on the government. that are not deemed privileged or classified; (3) DEVELOPMENT OF NECESSARY INFRA- SEC. 716. EFFECTIVE DATE. (C) may seek independent evaluations of STRUCTURES AND SYSTEMS.—In ensuring that This subtitle shall take effect on the date the child; legal representation is provided to unaccom- which is 90 days after the date of enactment (D) shall be notified in advance of all hear- panied alien children, the Director shall de- of this Act. ings or interviews involving the child that velop the necessary mechanisms to identify Subtitle B—Access by Unaccompanied Alien are held in connection with proceedings or entities available to provide such legal as- Children to Guardians Ad Litem and Counsel matters under the Immigration and Nation- sistance and representation and to recruit SEC. 721. GUARDIANS AD LITEM. ality Act (8 U.S.C. 1101 et seq.), and shall be such entities. (a) ESTABLISHMENT OF GUARDIAN AD LITEM given a reasonable opportunity to be present (4) CONTRACTING AND GRANT MAKING AU- PROGRAM.— at such hearings or interviews; THORITY.— (1) APPOINTMENT.—The Director may ap- (E) shall be permitted to consult with the (A) IN GENERAL.—The Director shall enter point a guardian ad litem, who meets the child during any hearing or interview involv- into contracts with, or award grants to, non- qualifications described in paragraph (2), for ing such child; and profit agencies with relevant expertise in the an unaccompanied alien child. The Director (F) shall be provided at least 24 hours ad- delivery of immigration-related legal serv- is encouraged, wherever practicable, to con- vance notice of a transfer of that child to a ices to children in order to carry out the re- tract with a voluntary agency for the selec- different placement, absent compelling and sponsibilities of this title, including pro- tion of an individual to be appointed as a unusual circumstances warranting the trans- viding legal orientation, screening cases for guardian ad litem under this paragraph. fer of such child before such notification. referral, recruiting, training, and overseeing (2) QUALIFICATIONS OF GUARDIAN AD (b) TRAINING.— pro bono attorneys. LITEM.— (1) IN GENERAL.—The Director shall provide (B) SUBCONTRACTING.—Nonprofit agencies (A) IN GENERAL.—No person shall serve as a professional training for all persons serving may enter into subcontracts with, or award guardian ad litem unless such person— as guardians ad litem under this section. grants to, private voluntary agencies with (i) is a child welfare professional or other (2) TRAINING TOPICS.—The training pro- relevant expertise in the delivery of immi- individual who has received training in child vided under paragraph (1) shall include train- gration-related legal services to children in welfare matters; and ing in— order to carry out this subsection.

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.069 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3571

(C) CONSIDERATIONS REGARDING GRANTS AND SEC. 723. EFFECTIVE DATE; APPLICABILITY. specialists, teachers, public counsel, and ju- CONTRACTS.—In awarding grants and entering (a) EFFECTIVE DATE.—This subtitle shall venile judges who come into contact with into contracts with agencies under this para- take effect 180 days after the date of enact- unaccompanied alien children. graph, the Director shall take into consider- ment of this Act. (2) CURRICULUM.—The training shall pro- ation the capacity of the agencies in ques- (b) APPLICABILITY.—The provisions of this vide education on the processes pertaining to tion to properly administer the services cov- subtitle shall apply to all unaccompanied unaccompanied alien children with pending ered by such grants or contracts without an alien children in Federal custody on, before, immigration status and on the forms of re- undue conflict of interest. or after the effective date of this subtitle. lief potentially available. The Director shall (5) MODEL GUIDELINES ON LEGAL REPRESEN- Subtitle C—Strengthening Policies for be responsible for establishing a core cur- TATION OF CHILDREN.— Permanent Protection of Alien Children riculum that can be incorporated into edu- EVELOPMENT OF GUIDELINES cation, training, or orientation modules or (A) D .—The Ex- SEC. 731. SPECIAL IMMIGRANT JUVENILE VISA. ecutive Office for Immigration Review, in formats that are currently used by these pro- (a) J VISA.—Section 101(a)(27)(J) of the Im- consultation with voluntary agencies and fessionals. migration and Nationality Act (8 U.S.C. national experts, shall develop model guide- (b) TRAINING OF DIRECTORATE PERSONNEL.— 1101(a)(27)(J)) is amended to read as follows: lines for the legal representation of alien The Secretary, acting jointly with the Sec- ‘‘(J) an immigrant, who is 18 years of age children in immigration proceedings. Such retary of Health and Human Services, shall or younger on the date of application and guidelines shall be based on the children’s provide specialized training to all personnel who is present in the United States— asylum guidelines, the American Bar Asso- of the Directorate who come into contact ‘‘(i) who by a court order, which shall be ciation Model Rules of Professional Conduct, with unaccompanied alien children. Training binding on the Secretary of Homeland Secu- and other relevant domestic or international for Border Patrol agents and immigration in- rity for purposes of adjudications under this sources. spectors shall include specific training on subparagraph, was declared dependent on a (B) PURPOSE OF GUIDELINES.—The guide- identifying children at the United States juvenile court located in the United States lines developed under subparagraph (A) shall borders or at United States ports of entry or whom such a court has legally committed be designed to help protect each child from who have been victimized by smugglers or to, or placed under the custody of, a depart- any individual suspected of involvement in traffickers, and children for whom asylum or ment or agency of a State, or an individual special immigrant relief may be appropriate, any criminal, harmful, or exploitative activ- or entity appointed by a State or juvenile including children described in section ity associated with the smuggling or traf- court located in the United States, due to 711(a)(2). ficking of children, while ensuring the fair- abuse, neglect, abandonment, or a similar ness of the removal proceeding in which the SEC. 733. REPORT. basis found under State law; Not later than 1 year after the date of en- child is involved. ‘‘(ii) for whom it has been determined in actment of this Act, and annually thereafter, (C) IMPLEMENTATION.—The Executive Office administrative or judicial proceedings that the Secretary of Health and Human Services for Immigration Review shall adopt the it would not be in the alien’s best interest to shall submit a report for the previous fiscal guidelines developed under subparagraph (A) be returned to the alien’s or parent’s pre- year to the Committee on the Judiciary of and submit the guidelines for adoption by vious country of nationality or country of the Senate and the Committee on the Judici- national, State, and local bar associations. last habitual residence; and ary of the House of Representatives that (b) DUTIES.—Counsel shall— ‘‘(iii) with respect to a child in Federal contains— (1) represent the unaccompanied alien custody, for whom the Office of Refugee Re- (1) data related to the implementation of child in all proceedings and matters relating settlement of the Department of Health and section 462 of the Homeland Security Act (6 to the immigration status of the child or Human Services has certified to the Director U.S.C. 279); other actions involving the Directorate; of the Bureau of Citizenship and Immigra- (2) data regarding the care and placement (2) appear in person for all individual mer- tion Services that the classification of an of children in accordance with this title; its hearings before the Executive Office for alien as a special immigrant under this sub- (3) data regarding the provision of guard- Immigration Review and interviews involv- paragraph has not been made solely to pro- ian ad litem and counsel services under this ing the Directorate; and vide an immigration benefit to that alien, title; and (3) owe the same duties of undivided loy- except that no natural parent or prior adop- (4) any other information that the Director alty, confidentiality, and competent rep- tive parent of any alien provided special im- or the Secretary of Health and Human Serv- resentation to the child as is due an adult migrant status under this subparagraph ices determines to be appropriate. client. shall thereafter, by virtue of such parentage, SEC. 734. EFFECTIVE DATE. The amendment made by section 731 shall (c) ACCESS TO CHILD.— be accorded any right, privilege, or status apply to all aliens who were in the United (1) IN GENERAL.—Counsel shall have reason- under this Act;’’. able access to the unaccompanied alien (b) ADJUSTMENT OF STATUS.—Section States before, on, or after the date of enact- child, including access while the child is 245(h)(2)(A) of the Immigration and Nation- ment of this Act. being held in detention, in the care of a fos- ality Act (8 U.S.C. 1255(h)(2)(A)) is amended Subtitle D—Children Refugee and Asylum ter family, or in any other setting that has to read as follows: Seekers been determined by the Office. ‘‘(A) paragraphs (4), (5)(A), (6)(A), and (7) of SEC. 741. GUIDELINES FOR CHILDREN’S ASYLUM section 212(a) shall not apply; and’’. (2) RESTRICTION ON TRANSFERS.—Absent CLAIMS. compelling and unusual circumstances, no (c) ELIGIBILITY FOR ASSISTANCE.—A child (a) SENSE OF CONGRESS.—Congress com- child who is represented by counsel shall be who has been granted relief under section mends the Immigration and Naturalization transferred from the child’s placement to an- 101(a)(27)(J) of the Immigration and Nation- Service for its issuance of its ‘‘Guidelines for other placement unless advance notice of at ality Act (8 U.S.C. 1101(a)(27)(J)), shall be eli- Children’s Asylum Claims’’, dated December least 24 hours is made to counsel of such gible for all funds made available under sec- 1998, and encourages and supports the imple- transfer. tion 412(d) of that Act (8 U.S.C. 1522(d)) until mentation of such guidelines by the Immi- such time as the child attains the age des- gration and Naturalization Service (and its (d) NOTICE TO COUNSEL DURING IMMIGRA- ignated in section 412(d)(2)(B) of that Act (8 successor entities) in an effort to facilitate TION PROCEEDINGS.— U.S.C. 1522(d)(2)(B)), or until the child is the handling of children’s asylum claims. (1) IN GENERAL.—Except when otherwise re- placed in a permanent adoptive home, which- Congress calls upon the Executive Office for quired in an emergency situation involving ever occurs first. Immigration Review of the Department of the physical safety of the child, counsel shall (d) TRANSITION RULE.—Notwithstanding Justice to adopt the ‘‘Guidelines for Chil- be given prompt and adequate notice of all any other provision of law, any child de- dren’s Asylum Claims’’ in its handling of immigration matters affecting or involving scribed in section 101(a)(27)(J) of the Immi- children’s asylum claims before immigration an unaccompanied alien child, including ad- gration and Nationality Act (8 U.S.C. judges and the Board of Immigration Ap- judications, proceedings, and processing, be- 1101(a)(27)(J)) who filed an application for a peals. fore such actions are taken. visa before the date of enactment of this Act (b) TRAINING.—The Secretary shall provide (2) OPPORTUNITY TO CONSULT WITH COUN- and who was 19, 20, or 21 years of age on the periodic comprehensive training under the SEL.—An unaccompanied alien child in the date such application was filed shall not be ‘‘Guidelines for Children’s Asylum Claims’’ custody of the Office may not give consent denied a visa after the date of enactment of to asylum officers, immigration judges, to any immigration action, including con- this Act because of such alien’s age. members of the Board of Immigration Ap- senting to voluntary departure, unless first SEC. 732. TRAINING FOR OFFICIALS AND CER- peals, and immigration officers who have afforded an opportunity to consult with TAIN PRIVATE PARTIES WHO COME contact with children in order to familiarize counsel. INTO CONTACT WITH UNACCOM- and sensitize such officers to the needs of PANIED ALIEN CHILDREN. children asylum seekers. Voluntary agencies (e) ACCESS TO RECOMMENDATIONS OF GUARD- (a) TRAINING OF STATE AND LOCAL OFFI- shall be allowed to assist in such training. IAN AD LITEM.—Counsel shall be given an op- CIALS AND CERTAIN PRIVATE PARTIES.— SEC. 742. UNACCOMPANIED REFUGEE CHILDREN. portunity to review the recommendation by (1) IN GENERAL.—The Secretary of Health (a) IDENTIFYING UNACCOMPANIED REFUGEE the guardian ad litem affecting or involving and Human Services, acting jointly with the CHILDREN.—Section 207(e) of the Immigra- a client who is an unaccompanied alien Secretary, shall provide appropriate training tion and Nationality Act (8 U.S.C. 1157(e)) is child. to State and county officials, child welfare amended—

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.069 S13PT1 S3572 CONGRESSIONAL RECORD — SENATE April 13, 2005 (1) by redesignating paragraphs (3), (4), (5), ‘‘(M) ensuring minimum standards of care tions for the fiscal year ending Sep- (6), and (7) as paragraphs (4), (5), (6), (7), and for all unaccompanied alien children— tember 30, 2005, to establish and rapidly (8), respectively; and ‘‘(i) for whom detention is necessary; and implement regulations for State driv- (2) by inserting after paragraph (2) the fol- ‘‘(ii) who reside in settings that are alter- er’s license and identification docu- lowing: native to detention.’’. ‘‘(3) An analysis of the worldwide situation (b) ADDITIONAL POWERS OF THE DIRECTOR.— ment security standards, to prevent faced by unaccompanied refugee children, by Section 462(b) of the Homeland Security Act terrorists from abusing the asylum region, which shall include an assessment of 2002 (6 U.S.C. 279(b)) is amended by adding laws of the United States, to unify ter- of— at the end the following: rorism-related grounds for inadmis- ‘‘(A) the number of unaccompanied refugee ‘‘(4) AUTHORITY.—In carrying out the du- sibility and removal, to ensure expedi- children, by region; ties under paragraph (3), the Director is au- tious construction of the San Diego ‘‘(B) the capacity of the Department of thorized to— border fence, and for other purposes; State to identify such refugees; ‘‘(A) contract with service providers to per- which was ordered to lie on the table; form the services described in sections 102, ‘‘(C) the capacity of the international com- as follows: munity to care for and protect such refugees; 103, 201, and 202 of the Unaccompanied Alien ‘‘(D) the capacity of the voluntary agency Child Protection Act of 2005; and On page 231, between lines 3 and 4, insert community to resettle such refugees in the ‘‘(B) compel compliance with the terms the following: United States; and conditions set forth in section 103 of the NUMERICAL LIMITATIONS RELATED TO ASYLUM ‘‘(E) the degree to which the United States Unaccompanied Alien Child Protection Act SEC. 6047. (a) Section 207(a) of the Immigra- plans to resettle such refugees in the United of 2005, including the power to— tion and Nationality Act (8 U.S.C. 1157(a)) is States in the coming fiscal year; and ‘‘(i) declare providers to be in breach and amended by striking paragraph (5). ‘‘(F) the fate that will befall such unac- seek damages for noncompliance; (b) Section 209(b) of the Immigration and companied refugee children for whom reset- ‘‘(ii) terminate the contracts of providers Nationality Act (8 U.S.C. 1159(b)) is amended tlement in the United States is not pos- that are not in compliance with such condi- to read as follows: sible.’’. tions; and ‘‘(b) The Secretary of Homeland Security (b) TRAINING ON THE NEEDS OF UNACCOM- ‘‘(iii) reassign any unaccompanied alien may, in the discretion of the Secretary of PANIED REFUGEE CHILDREN.—Section 207(f)(2) child to a similar facility that is in compli- Homeland Security, adjust to the status of of the Immigration and Nationality Act (8 ance with such section.’’. an alien lawfully admitted for permanent U.S.C. 1157(f)(2)) is amended by— SEC. 762. TECHNICAL CORRECTIONS. residence, the status of any alien granted (1) striking ‘‘and’’ after ‘‘countries,’’; and Section 462(b) of the Homeland Security asylum who— (2) inserting before the period at the end Act of 2002 (6 U.S.C. 279(b)), as amended by ‘‘(1) applies for such adjustment, the following: ‘‘, and instruction on the section 761, is amended— ‘‘(2) has been physically present in the needs of unaccompanied refugee children’’. (1) in paragraph (3), by striking ‘‘paragraph United States for at least one year after SEC. 743. EXCEPTIONS FOR UNACCOMPANIED (1)(G)’’ and inserting ‘‘paragraph (1)’’; and being granted asylum, ALIEN CHILDREN IN ASYLUM AND (2) by adding at the end the following: ‘‘(3) continues to be a refugee within the REFUGEE-LIKE CIRCUMSTANCES. ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in meaning of section 101(a)(42)(A) or a spouse (a) PLACEMENT IN REMOVAL PROCEEDINGS.— paragraph (2)(B) may be construed to require or child of such a refugee, Any unaccompanied alien child apprehended that a bond be posted for unaccompanied ‘‘(4) is not firmly resettled in any foreign by the Directorate, except for an unaccom- alien children who are released to a qualified country, and panied alien child subject to exceptions sponsor.’’. ‘‘(5) is admissible (except as otherwise pro- under paragraph (1)(A) or (2) of section SEC. 763. EFFECTIVE DATE. vided under subsection (c)) as an immigrant 711(a), shall be placed in removal proceedings The amendments made by this subtitle under this Act at the time of examination under section 240 of the Immigration and Na- shall take effect as if included in the Home- for adjustment of such alien. tionality Act (8 U.S.C. 1229a). land Security Act of 2002 (6 U.S.C. 101 et ‘‘Upon approval of an application under this (b) EXCEPTION FROM TIME LIMIT FOR FILING seq.). subsection, the Secretary of Homeland Secu- ASYLUM APPLICATION.—Section 208(a)(2) of rity shall establish a record of the alien’s ad- the Immigration and Nationality Act (8 SA 363. Mr. SARBANES (for himself mission for lawful permanent residence as of U.S.C. 1158(a)(2)) is amended by adding at the and Ms. MIKULSKI) submitted an the date on which such alien’s application end the following: amendment intended to be proposed by for asylum was approved.’’. ‘‘(E) APPLICABILITY.—Subparagraphs (A) and (B) shall not apply to an unaccompanied him to the bill H.R. 1268, Making emer- SA 365. Mr. BROWNBACK submitted alien child as defined in section 101(a)(51).’’. gency supplemental appropriations for an amendment intended to be proposed Subtitle E—Authorization of Appropriations the fiscal year ending September 30, by him to the bill H.R. 1268, Making 2005, to establish and rapidly imple- SEC. 751. AUTHORIZATION OF APPROPRIATIONS. emergency supplemental appropria- ment regulations for State driver’s li- (a) IN GENERAL.—There are authorized to tions for the fiscal year ending Sep- be appropriated to the Department of Home- cense and identification document se- tember 30, 2005, to establish and rapidly land Security, the Department of Justice, curity standards, to prevent terrorists implement regulations for State driv- and the Department of Health and Human from abusing the asylum laws of the er’s license and identification docu- Services, such sums as may be necessary to United States, to unify terrorism-re- ment security standards, to prevent carry out— lated grounds for inadmissibility and (1) the provisions of section 462 of the terrorists from abusing the asylum removal, to ensure expeditious con- laws of the United States, to unify ter- Homeland Security Act of 2002 (6 U.S.C. 279); struction of the San Diego border and rorism-related grounds for inadmis- (2) the provisions of this title. fence, and for other purposes; which sibility and removal, to ensure expedi- (b) AVAILABILITY OF FUNDS.—Amounts ap- was ordered to lie on the table; as fol- tious construction of the San Diego propriated pursuant to subsection (a) shall lows: border fence, and for other purposes; remain available until expended. At the appropriate place, insert the fol- which was ordered to lie on the table; Subtitle F—Amendments to the Homeland lowing: as follows: Security Act of 2002 DEPARTMENT OF DEFENSE—CIVIL At the end, add the following new title: DEPARTMENT OF THE ARMY SEC. 761. ADDITIONAL RESPONSIBILITIES AND TITLE VII—NEW IMMIGRANT CATEGORIES POWERS OF THE OFFICE OF REF- CONSTRUCTION, GENERAL UGEE RESETTLEMENT WITH RE- SEC. 7001. SHORT TITLE. SPECT TO UNACCOMPANIED ALIEN Section 123 of Public Law 108–137 (117 Stat. This title may be cited as the ‘‘Widows and CHILDREN. 1837) is amended by striking ‘‘in accordance Orphans Act of 2005’’. (a) ADDITIONAL RESPONSIBILITIES OF THE DI- with’’ and all that follows through the end of SEC. 7002. NEW SPECIAL IMMIGRANT CATEGORY. RECTOR.—Section 462(b)(1) of the Homeland the section and inserting ‘‘in accordance (a) CERTAIN CHILDREN AND WOMEN AT RISK Security Act of 2002 (6 U.S.C. 279(b)(1)) is with the Baltimore Metropolitan Water Re- OF HARM.—Section 101(a)(27) of the Immigra- amended— sources Gwynns Falls Watershed study draft tion and Nationality Act (8 U.S.C. 1101(a)(27)) (1) in subparagraph (K), by striking ‘‘and’’ feasibility report and integrated environ- is amended— at the end; mental assessment prepared by the Corps of (1) in subparagraph (L), by inserting a (2) in subparagraph (L), by striking the pe- Engineers and the City of Baltimore, Mary- semicolon at the end; riod at the end and inserting ‘‘, including land, dated April 2004.’’. (2) in subparagraph (M), by striking the pe- regular follow-up visits to such facilities, riod at the end and inserting ‘‘; or’’; and placements, and other entities, to assess the SA 364. Mr. BROWNBACK submitted (3) by adding at the end the following: continued suitability of such placements; an amendment intended to be proposed ‘‘(N) subject to subsection (j), an immi- and’’; and by him to the bill H.R. 1268, Making grant who is not present in the United (3) by adding at the end the following: emergency supplemental appropria- States—

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.069 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3573 ‘‘(i) who is— ‘‘(5) For purposes of subsection Homeland Security such fingerprints and ‘‘(I) referred to a consular, immigration, or (a)(27)(N)(i)(II), a determination of age shall any other personal biometric data required other designated official by a United States be made using the age of the alien on the by the Secretary. Government agency, an international orga- date on which the alien was referred to the (B) OTHER REQUIREMENTS.—The Secretary nization, or recognized nongovernmental en- consular, immigration, or other designated of Homeland Security may prescribe regula- tity designated by the Secretary of State for official. tions that permit fingerprints submitted by purposes of such referrals; and ‘‘(6) The Secretary of Homeland Security an alien under section 262 of the Immigra- ‘‘(II) determined by such official to be a shall waive any application fee for a special tion and National Act (8 U.S.C. 1302) or any minor under 18 years of age (as determined immigrant visa for an alien described in sec- other provision of law to satisfy the require- under subsection (j)(5))— tion 101(a)(27)(N).’’. ment to submit fingerprints of subparagraph ‘‘(aa) for whom no parent or legal guardian (c) ALLOCATION OF SPECIAL IMMIGRANT (A). is able to provide adequate care; VISAS.—Section 203(b)(4) of the Immigration (2) DATABASE SEARCH.—The Secretary of ‘‘(bb) who faces a credible fear of harm re- Nationality Act (8 U.S.C. 1153(b)(4)) is Homeland Security shall ensure that a lated to his or her age; amended by striking ‘‘(A) or (B) thereof’’ and search of each database that contains finger- ‘‘(cc) who lacks adequate protection from inserting ‘‘(A), (B), or (N) thereof’’. prints that is maintained by an agency or de- such harm; and (d) EXPEDITED PROCESS.—Not later than 45 partment of the United States be conducted ‘‘(dd) for whom it has been determined to days from the date of referral to a consular, to determine whether such alien is ineligible be in his or her best interests to be admitted immigration, or other designated official as for an adjustment of status under any provi- to the United States; or described in section 101(a)(27)(N) of the Im- sion of the Immigration and Nationality Act ‘‘(ii) who is— migration and Nationality Act, as added by (8 U.S.C. 1101 et seq.) on criminal, security, ‘‘(I) referred to a consular or immigration subsection (a), special immigrant status or related grounds. official by a United States Government shall be adjudicated and, if granted, the alien (3) COOPERATION AND SCHEDULE.—The Sec- agency, an international organization or rec- shall be paroled to the United States pursu- retary of Homeland Security and the head of ognized nongovernmental entity designated ant to section 212(d)(5) of that Act (8 U.S.C. each appropriate agency or department of by the Secretary of State for purposes of 1182(d)(5)) and allowed to apply for adjust- the United States shall work cooperatively such referrals; and ment of status to permanent residence under to ensure that each database search required ‘‘(II) determined by such official to be a fe- section 245 of that Act (8 U.S.C. 1255) within by paragraph (2) is completed not later than male who has— 1 year of the alien’s arrival in the United 180 days after the date on which the alien en- ‘‘(aa) a credible fear of harm related to her States. ters the United States. sex; and (e) REPORT TO CONGRESS.—Not later than 1 (4) ADMINISTRATIVE AND JUDICIAL REVIEW.— ‘‘(bb) a lack of adequate protection from year after the date of enactment of this Act, (A) ADMINISTRATIVE REVIEW.—An alien who such harm.’’. the Secretary of Homeland Security shall re- is admitted to the United States under this (b) STATUTORY CONSTRUCTION.—Section 101 port to the Committee on the Judiciary of title or an amendment made by this title of the Immigration and Nationality Act (8 the Senate and the Committee on the Judici- who is determined to be ineligible for an ad- U.S.C. 1101) is amended by adding at the end ary of the House of Representatives on the justment of status pursuant to section 212 of the following: progress of the implementation of this title the Immigration and Nationality Act (8 ‘‘(j)(1) No natural parent or prior adoptive and the amendments made by this title, in- U.S.C. 1182) may appeal such a determination parent of any alien provided special immi- cluding— through the Administrative Appeals Office of grant status under subsection (a)(27)(N)(i) (1) data related to the implementation of the Bureau of Citizenship and Immigration shall thereafter, by virtue of such parentage, this title and the amendments made by this Services of the Department of Homeland Se- be accorded any right, privilege, or status title; curity. The Secretary of Homeland Security under this Act. (2) data regarding the number of place- shall ensure that a determination on such ‘‘(2)(A) No alien who qualifies for a special ments of females and children who faces a appeal is made not later than 60 days after immigrant visa under subsection credible fear of harm as referred to in sec- the date that the appeal is filed. (a)(27)(N)(ii) may apply for derivative status tion 101(a)(27)(N) of the Immigration and Na- (B) JUDICIAL REVIEW.—Nothing in this title, or petition for any spouse who is represented tionality Act, as added by subsection (a); and or in an amendment made by this title, may by the alien as missing, deceased, or the (3) any other information that the Sec- preclude application of section 242(a)(2)(B) of source of harm at the time of the alien’s ap- retary of Homeland Security determines to the Immigration and Nationality Act (8 plication and admission. The Secretary of be appropriate. U.S.C. 1252(a)(2)(B)). Homeland Security may waive this require- (f) AUTHORIZATION OF APPROPRIATIONS.— ment for an alien who demonstrates that the There is authorized to be appropriated such SA 366. Mr. CORZINE (for himself alien’s representations regarding the spouse sums as may be necessary to carry out this were bona fide. and Mr. BROWNBACK) submitted an section and the amendments made by this ‘‘(B) An alien who qualifies for a special amendment intended to be proposed by section. immigrant visa under subsection (a)(27)(N) him to the bill H.R. 1268, making emer- may apply for derivative status or petition SEC. 7003. REQUIREMENTS FOR ALIENS. gency supplemental appropriations for for any sibling under the age of 18 years or (a) REQUIREMENT PRIOR TO ENTRY INTO THE the fiscal year ending September 30, children under the age of 18 years of any UNITED STATES.— 2005, to establish and rapidly imple- (1) DATABASE SEARCH.—An alien may not such alien, if accompanying or following to ment regulations for State driver’s li- join the alien. For purposes of this subpara- be admitted to the United States under this graph, a determination of age shall be made title or an amendment made by this title cense and identification document se- using the age of the alien on the date the pe- until the Secretary of Homeland Security curity standards, to prevent terrorists tition is filed with the Department of Home- has ensured that a search of each database from abusing the asylum laws of the land Security. maintained by an agency or department of United States, to unify terrorism-re- ‘‘(3) An alien who qualifies for a special im- the United States has been conducted to de- lated grounds for inadmissibility and migrant visa under subsection (a)(27)(N) termine whether such alien is ineligible to removal, to ensure expeditious con- shall be treated in the same manner as a ref- be admitted to the Untied States on crimi- struction of the San Diego border ugee solely for purposes of section 412. nal, security, or related grounds. ‘‘(4) The provisions of paragraphs (4), (5), (2) COOPERATION AND SCHEDULE.—The Sec- fence, and for other purposes; which and (7)(A) of section 212(a) shall not be appli- retary of Homeland Security and the head of was ordered to lie on the table; as fol- cable to any alien seeking admission to the each appropriate agency or department of lows: United States under subsection (a)(27)(N), the United States shall work cooperatively On page 231, between lines 3 and 4, insert and the Secretary of Homeland Security may to ensure that each database search required the following: waive any other provision of such section by paragraph (1) is completed not later than TITLE VII—ACCOUNTABILITY IN DARFUR (other than paragraph (2)(C) or subparagraph 45 days after the date on which an alien files (A), (B), (C), or (E) of paragraph (3)) with re- a petition seeking a special immigration visa SECTION 7001. SHORT TITLE. spect to such an alien for humanitarian pur- under section 101(a)(27)(N) of the Immigra- This title may be cited as the ‘‘Darfur Ac- poses, to assure family unity, or when it is tion and Nationality Act, as added by sec- countability Act of 2005’’. otherwise in the public interest. Any such tion 7002(a). SEC. 7002. DEFINITIONS. waiver by the Secretary of Homeland Secu- (b) REQUIREMENT AFTER ENTRY INTO THE In this title: rity shall be in writing and shall be granted UNITED STATES.— (1) APPROPRIATE CONGRESSIONAL COMMIT- only on an individual basis following an in- (1) REQUIREMENT TO SUBMIT FINGER- TEES.—The term ‘appropriate congressional vestigation. The Secretary of Homeland Se- PRINTS.— committees’ means the Committee on For- curity shall provide for the annual reporting (A) IN GENERAL.—Not later than 30 days eign Relations and the Committee on Appro- to Congress of the number of waivers granted after the date that an alien enters the priations of the Senate and the Committee under this paragraph in the previous fiscal United States under this title or an amend- on International Relations and the Com- year and a summary of the reasons for grant- ment made by this title, the alien shall be mittee on Appropriations of the House of ing such waivers. fingerprinted and submit to the Secretary of Representatives.

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(2) GOVERNMENT OF SUDAN.—The term obtain such full compliance and coopera- SEC. 7004. SENSE OF CONGRESS. ‘‘Government of Sudan’’ means the National tion’’. It is the sense of Congress that— Congress Party-led government in Khar- (7) United Nations Security Council Reso- (1) the atrocities unfolding in Darfur, toum, Sudan, or any successor government lution 1564 also ‘‘welcomes and supports the Sudan, have been and continue to be geno- formed on or after the date of the enactment intention of the African Union to enhance cide; of this title. and augment its monitoring mission in (2) the United States should immediately (3) MEMBER STATES.—The term ‘‘member Darfur’’ and ‘‘urges member states to sup- seek passage at the United Nations Security states’’ means the member states of the port the African Union in these efforts, in- Council of a resolution that— United Nations. cluding by providing all equipment, (A) extends the freezing of property and as- (4) SUDAN NORTH-SOUTH PEACE AGREE- logistical, financial, material, and other re- sets and denial of visas and entry, pursuant MENT.—The term ‘‘Sudan North-South Peace sources necessary to support the rapid ex- to United Nations Security Council Resolu- Agreement’’ means the comprehensive peace pansion of the African Union Mission’’. tion 1591, to include— agreement signed by the Government of (8) On February 1, 2005, the United Nations (i) those named by the UN Commission of Sudan and the Sudan People’s Liberation released the Report of the International Inquiry; (ii) family members of those named by the Army/Movement on January 9, 2005. Commission of Inquiry on Darfur to the UN Commission of Inquiry and those des- (5) THOSE NAMED BY THE UN COMMISSION OF United Nations Secretary-General, dated ignated by the UN Committee; and INQUIRY.—The term ‘‘those named by the UN January 25, 2005, which stated that, (iii) any associates of those named by the Commission of Inquiry’’ means those indi- ‘‘[g]overnment forces and militias conducted UN Commission of Inquiry and those des- viduals whose names appear in the sealed file indiscriminate attacks, including killing of ignated by the UN Committee to whom as- delivered to the Secretary-General of the civilians, torture, enforced disappearances, United Nations by the International Com- sets or property of those named by the UN destruction of villages, rape and other forms Commission of Inquiry or those designated mission of Inquiry on Darfur to the United of sexual violence, pillaging and forced dis- Nations Security Council. by the UN Committee were transferred on or placement throughout Darfur’’, that such after July 1, 2002; (6) UN COMMITTEE.—The term ‘‘UN Com- ‘‘acts were conducted on a widespread and (B) urges member states to submit to the mittee’’ means the Committee of the Secu- systematic basis, and therefore may amount rity Council established in United Nations Security Council the name of any individual to crimes against humanity’’, and that the that the government of any such member Security Council Resolution 1591 (29 March ‘‘magnitude and large-scale nature of some 2005); paragraph 3. state believes is or has been planning, car- crimes against humanity as well as their rying out, responsible for, or otherwise in- SEC. 7003. FINDINGS. consistency over a long period of time, nec- volved in genocide, war crimes, or crimes Congress makes the following findings: essarily imply that these crimes result from against humanity in Darfur, along with evi- (1) On July 22, 2004, the House of Rep- a central planning operation’’. dence supporting such belief so that the Se- resentatives and the Senate declared that (9) The Report of the International Com- curity Council may consider imposing sanc- the atrocities occurring in Darfur, Sudan are mission of Inquiry on Darfur to the United tions pursuant to United Nations Security genocide. Nations Secretary-General notes that, pursu- Council Resolution 1591; (2) On September 9, 2004, Secretary of State ant to its mandate and in the course of its (C) imposes additional sanctions or addi- Colin L. Powell stated before the Committee work, the UN Commission collected informa- tional measures against the Government of on Foreign Relations of the Senate, ‘‘[w]hen tion relating to individual perpetrators of Sudan, including sanctions that will affect we reviewed the evidence compiled by our acts constituting ‘‘violations of inter- the petroleum sector in Sudan, individual team, along with other information avail- national human rights law and international members of the Government of Sudan, and able to the State Department, we concluded humanitarian law, including crimes against entities controlled or owned by officials of that genocide has been committed in Darfur humanity and war crimes’’ and that the UN the government of Sudan or the National and that the Government of Sudan and the Commission has delivered to the Secretary- Congress Party in Sudan, that will remain in [Janjaweed] bear responsibility—and geno- General of the United Nations a sealed file of effect until such time as— cide may still be occurring’’. those named by the UN Commission with the (i) humanitarian organizations are granted (3) President George W. Bush, in an address recommendation that the ‘‘file be handed full, unimpeded access to Darfur; before the United Nations General Assembly over to a competent Prosecutor’’. (ii) the Government of Sudan cooperates on September 21, 2004, stated, ‘‘[a]t this hour, (10) On March 24, 2005, the United Nations with humanitarian relief efforts, carries out the world is witnessing terrible suffering and Security Council passed Security Council activities to demobilize and disarm horrible crimes in the Darfur region of Resolution 1590, establishing the United Na- Janjaweed militias and any other militias Sudan, crimes my government has concluded tions Mission in Sudan (UNMIS) consisting supported or created by the Government of are genocide’’. of 10,000 military personnel and 715 civilian Sudan, and cooperates fully with efforts to (4) On July 30, 2004, the United Nations Se- police personnel. The mandate of UNMIS in- bring to justice the individuals responsible curity Council passed Security Council Reso- cludes to ‘‘closely and continuously liaise for genocide, war crimes, or crimes against lution 1556, calling upon the Government of and coordinate at all levels with the African humanity in Darfur; Sudan to disarm the Janjaweed militias and Union Mission in Sudan (AMIS) with a view (iii) the Government of Sudan cooperates to apprehend and bring to justice Janjaweed towards expeditiously reinforcing the effort fully with the African Union, the United Na- leaders and their associates who have incited to foster peace in Darfur, especially with re- tions, and all other observer, monitoring, and carried out violations of human rights gard to the Abuja peace process and the Afri- and protection missions mandated to operate and international humanitarian law and car- can Union Mission in Sudan’’. Security in Sudan; ried out other atrocities in the Darfur re- Council Resolution 1590 also urged the Sec- (iv) the Government of Sudan permits the gion. retary-General and United Nations High safe and voluntary return of displaced per- (5) On September 18, 2004, the United Na- Commissioner for Human Rights to increase sons and refugees to their homes and re- tions Security Council passed Security Coun- the number and deployment rate of human builds the communities destroyed in the vio- cil Resolution 1564, determining that the rights monitors to Darfur. lence in Darfur; and Government of Sudan had failed to meet its (11) On March 29, 2005, the United Security (v) the Sudan North-South Peace Agree- obligations under Security Council Resolu- Council passed Security Council Resolution ment is fully implemented and a new coali- tion 1556, calling for a military flight ban in 1591, establishing a Committee of the Secu- tion government is created under such and over the Darfur region, demanding the rity Council and a Panel of Experts to iden- Agreement; names of Janjaweed militiamen disarmed tify individuals who have impeded the peace (D) establishes a military no-fly zone in and arrested for verification, establishing an process, constitute a threat to stability in Darfur; International Commission of Inquiry into Darfur and the region, commit violations of (E) supports the expansion of the African violations of international humanitarian and international humanitarian or human rights Union force in Darfur so that such force human rights laws, and threatening sanc- law or other atrocities, or who are respon- achieves the size and strength needed to pre- tions should the Government of Sudan fail to sible for offensive overflights, and calling on vent ongoing fighting and violence in Darfur; fully comply with Security Council Resolu- member states to prevent those individuals (F) urges member states to accelerate as- tions 1556 and 1564. identified from entry into or transit of their sistance to the African Union force in (6) United Nations Security Council Reso- territories and to freeze those individuals Darfur; lution 1564 declares that if the Government non-exempted assets. (G) calls on the Government of Sudan to of Sudan ‘‘fails to comply fully’’ with Secu- (12) On March 31, 2005, the United Nations cooperate with, and allow unrestricted move- rity Council Resolutions 1556 and 1564, the Security Council passed Security Council ment in Darfur by, the African Union force Security Council shall consider taking ‘‘ad- Resolution 1593, referring the situation in in the region, UNMIS, international humani- ditional measures’’ against the Government Darfur since July 1, 2002, to the Prosecutor tarian organizations, and United Nations of Sudan ‘‘as contemplated in Article 41 of of the International Criminal Court (ICC) monitors; the Charter of the United Nations, such as with the proviso that personnel from a state (H) extends the embargo of military equip- actions to affect Sudan’s petroleum sector or outside Sudan not a party to the Rome Stat- ment established by paragraphs 7 through 9 individual members of the Government of ute of the ICC shall not be subject to the ICC of Security Council Resolution 1556 and ex- Sudan, in order to take effective action to in this instance. panded by Security Council Resolution 1591

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.071 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3575 to include a total prohibition of sale or sup- command and control assistance, and intel- (1) naming the individual with respect to ply to the Government of Sudan; ligence; whom the President has made such election; (I) supports African Union and other inter- (8) the President should appoint a Presi- (2) describing the reasons for such election; national efforts to negotiate peace talks be- dential Envoy for Sudan— and tween the Government of Sudan and rebels (A) to support the implementation of the (3) including the determination of the in Darfur, calls on the Government of Sudan Sudan North-South Peace Agreement; President as to whether such individual has and rebels in Darfur to abide by their obliga- (B) to seek ways to bring stability and been, is, or may be planning, carrying out, tions under the N’Djamena Ceasefire Agree- peace to Darfur; responsible for, or otherwise involved in ment of April 8, 2004, and subsequent agree- (C) to address instability elsewhere in crimes against humanity, war crimes, or ments, and urges parties to engage in peace Sudan; and genocide in Darfur, Sudan. talks without preconditions and seek to re- (D) to seek a comprehensive peace (d) ASSET REPORTING REQUIREMENT.—Not solve the conflict; and throughout Sudan; later than 14 days after a decision to freeze (J) expands the mandate of UNMIS to in- (9) United States officials, including the the property or assets of, or deny a visa or entry to, any person under this section, the clude the protection of civilians throughout President, the Secretary of State, and the President shall report the name of such per- Sudan, including Dafur; Secretary of Defense, should raise the issue son to the appropriate congressional com- (3) the United States should work with of Darfur in bilateral meetings with officials from other members of the United Nations mittees. other nations to ensure effective efforts to (e) NOTIFICATION OF WAIVERS OF SANC- Security Council and relevant countries, freeze the property and assets of and deny TIONS.—Not later than 30 days before waiving with the aim of passing a United Nations Se- visas and entry to— the provisions of any sanctions currently in curity Council resolution described in para- (A) those named by the UN Commission of force with regard to Sudan, the President graph (2) and mobilizing maximum support Inquiry and those designated by the UN shall submit to the appropriate congres- Committee; for political, financial, and military efforts sional committees a report describing the (B) any individuals the United States be- to stop the genocide in Darfur; waiver and the reasons therefor. (10) the Secretary of State should imme- lieves is or has been planning, carrying out, SEC. 7006. REPORTS TO CONGRESS. diately engage in a concerted, sustained responsible for, or otherwise involved in (a) REPORTS ON STABILIZATION IN SUDAN.— campaign with other members of the United genocide, war crimes, and crimes against hu- (1) INITIAL REPORT.—Not later than 30 days Nations Security Council and relevant coun- manity in Darfur; after the date of enactment of this title, the tries with the aim of achieving the goals de- (C) family members of any person de- Secretary of State, in conjunction with the scribed in paragraph (9); scribed in subparagraphs (A) or (B); and Secretary of Defense, shall report to the ap- (11) the United States fully supports the (D) any associates of any such person to propriate congressional committees on ef- Sudan North-South Peace Agreement and whom assets or property of such person were forts to deploy an African Union force in urges the rapid implementation of its terms; transferred on or after July 1, 2002; Darfur, the capacity of such force to sta- (12) the United States condemns attacks on (4) the United States should not provide as- bilize Darfur and protect civilians, the needs humanitarian workers and calls on all forces sistance to the Government of Sudan, other of such force to succeed at such mission in- in Darfur, including forces of the Govern- than assistance necessary for the implemen- cluding housing, transportation, communica- ment of Sudan, all militia, and forces of the tation of the Sudan North-South Peace tions, equipment, technical assistance, in- Sudan Liberation Army/Movement and the Agreement, the support of the southern re- cluding training and command and control, Justice and Equality Movement, to refrain gional government in Sudan, or for humani- and intelligence, current status of United from such attacks; and tarian purposes in Sudan, unless the Presi- States and other assistance to the African (13) The United States should actively par- dent certifies and reports to Congress that— Union force, and additional United States as- ticipate in the UN Committee and the Panel (A) humanitarian organizations are being sistance needed. of Experts established pursuant to Security granted full, unimpeded access to Darfur and (2) SUBSEQUENT REPORTS.— Council Resolution 1591, and work to support the Government of Sudan is providing full (A) UPDATES REQUIRED.—The Secretary of the Secretary-General and the United Na- cooperation with humanitarian efforts; State, in conjunction with the Secretary of tions High Commissioner for Human Rights (B) concrete, sustained steps are being Defense, shall submit an update of the report in their efforts to increase the number and taken toward demobilizing and disarming submitted under paragraph (1) until such deployment rate of human rights monitors Janjaweed militias and any other militias time as the President certifies that the situ- to Darfur. supported or created by the Government of ation in Darfur is stable and that civilians Sudan; SEC. 7005. IMPOSITION OF SANCTIONS. are no longer in danger and that the African (C) the Government of Sudan is cooper- (a) FREEZING ASSETS.—At such time as the Union is no longer needed to prevent a re- ating fully with international efforts to United States has access to the names of sumption of violence and attacks against ci- those named by the UN Commission of In- bring to justice those responsible for geno- vilians. quiry and those designated by the UN Com- cide, war crimes, or crimes against humanity (B) DURATION OF REPORTING REQUIRE- mittee, the President shall, except as de- in Darfur; MENT.—The Secretary of State shall submit scribed under subsection (c), take such ac- (D) the Government of Sudan cooperates any updated reports required under subpara- tion as may be necessary to immediately fully with the African Union, the United Na- graph (A)— tions, and all other observer, monitoring, freeze the funds and other assets belonging to anyone so named, their family members, (i) every 60 days during the 2-year period and protection missions mandated to operate following the date of the enactment of this in Sudan; and any associates of those so named to whom assets or property of those so named Act; and (E) the Government of Sudan permits the were transferred on or after July 1, 2002, in- (ii) after such 2-year period, as part of the safe and voluntary return of displaced per- cluding requiring that any United States fi- report required under section 8(b) of the sons and refugees to their homes and re- nancial institution holding such funds and Sudan Peace Act (50 U.S.C. 1701 note), as builds the communities destroyed in the vio- assets promptly report those funds and as- amended by section 5(b) of the Comprehen- lence in Darfur; and sets to the Office of Foreign Assets Control. sive Peace in Sudan Act of 2004 (Public Law (F) the Sudan North-South Peace Agree- (b) VISA BAN.—Beginning at such times as 108–497; 118 Stat. 4018). ment is fully implemented and a new coali- the United States has access to the names of (b) REPORT ON THOSE NAMED BY THE UN tion government is created under such those named by the UN Commission of In- COMMISSION OF INQUIRY.—At such time as the Agreement; quiry and those designated by the UN Com- United States has access to the names of (5) the President should work with inter- mittee, the President shall, except as de- those named by the UN Commission of In- national organizations, including the North scribed under subsection (c), deny visas and quiry, the President shall submit to the ap- Atlantic Treaty Organization (NATO), the entry to— propriate congressional committees a report United Nations, and the African Union to es- (1) those named by the UN Commission of listing such names. tablish mechanisms for the enforcement of a Inquiry and those designated by the UN no-fly zone in Darfur; Committee; SA 367. Mr. BYRD proposed an (6) the African Union should extend its (2) the family members of those named by amendment to the bill H.R. 1268, mak- mandate in Darfur to include the protection the UN Commission of Inquiry and those des- ing emergency supplemental appropria- of civilians and proactive efforts to prevent ignated by the UN Committee; and tions for the fiscal year ending Sep- violence, and member states should support (3) anyone the President determines has tember 30, 2005, to establish and rapidly fully this extension; been, is, or may be planning, carrying out, implement regulations for State driv- (7) the President should accelerate assist- responsible for, or otherwise involved in er’s license and identification docu- ance to the African Union force in Darfur crimes against humanity, war crimes, or ment security standards, to prevent and discussions with the African Union and genocide in Darfur, Sudan. terrorists from abusing the asylum the European Union and other supporters of (c) WAIVER AUTHORITY.—The President the African Union force on the needs of such may elect not to take an action otherwise laws of the United States, to unify ter- force, including assistance for housing, required to be taken with respect to an indi- rorism-related grounds for inadmis- transportation, communications, equipment, vidual under subsection (a) or (b) after sub- sibility and removal, to ensure expedi- technical assistance such as training and mitting to Congress a report— tious construction of the San Diego

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.071 S13PT1 S3576 CONGRESSIONAL RECORD — SENATE April 13, 2005 border fence, and for other purposes; as Air Force aircraft on runway 04/22 at Las er’s license and identification docu- follows: Cruces International Airport on August 26, ment security standards, to prevent 2004. On page 169, line 13, strike ‘‘$897,191,000’’ terrorists from abusing the asylum (b) The acceptance by the City of Las and insert ‘‘$861,191,000’’. laws of the United States, to unify ter- Cruces, New Mexico, of the settlement rorism-related grounds for inadmis- Mr. CORZINE (for himself, amount made available under subsection (a) SA 368. shall be in full satisfaction of the claim for sibility and removal, to ensure expedi- Mr. DEWINE, Mr. BROWNBACK, Mr. DUR- damages described in such subsection. tious construction of the San Diego BIN, and Mr. LEAHY) submitted an border fence, and for other purposes; as amendment intended to be proposed by SA 370. Mr. SALAZAR submitted an follows: him to the bill H.R. 1268, making emer- amendment intended to be proposed by At the appropriate place, insert the fol- gency supplemental appropriations for him to the bill H.R. 1268, Making emer- lowing: the fiscal year ending September 30, gency supplemental appropriations for SEC. ll. SENSE OF THE SENATE. 2005, to establish and rapidly imple- the fiscal year ending September 30, It is the sense of the Senate that— ment regulations for State driver’s li- 2005, to establish and rapidly imple- (1) our immigration system is badly bro- cense and identification document se- ment regulations for State driver’s li- ken, fails to serve the interests of our na- tional security and our national economy, curity standards, to prevent terrorists cense and identification document se- and undermines respect for the rule of law; from abusing the asylum laws of the curity standards, to prevent terrorists (2) in a post-9/11 world, national security United States, to unify terrorism-re- from abusing the asylum laws of the demands a comprehensive solution to our lated grounds for inadmissibility and United States, to unify terrorism-re- immigration system; removal, to ensure expeditious con- lated grounds for inadmissibility and (3) Congress must engage in a careful and struction of the San Diego border removal, to ensure expeditious con- deliberative discussion about the need to fence, and for other purposes; which struction of the San Diego border bolster enforcement of, and comprehensively was ordered to lie on the table; as fol- fence, and for other purposes; which reform, our immigration laws; (4) Congress should not short-circuit that lows: was ordered to lie on the table; as fol- discussion by attaching amendments to this On page 183, after line 23, add the fol- lows: supplemental outside of the regular order; lowing: On page 175, beginning on line 24, strike and REQUIREMENT FOR TRANSFER OF FUNDS ‘‘$1,631,300,000’’ and all that follows through (5) Congress should not delay the enact- SEC. 2105. Not later than 15 days after the ‘‘Provided,’’ on line 25, and insert ment of critical appropriations necessary to date of the enactment of this Act, the au- ‘‘$1,636,300,000, to remain available until Sep- ensure the well-being of the men and women thority contained under the heading ‘‘INTER- tember 30, 2006: Provided, That of the funds of the United States Armed Forces fighting NATIONAL DISASTER AND FAMINE ASSISTANCE’’ appropriated under this heading, not less in Iraq and elsewhere around the world, by in chapter 2 of title II of Emergency Supple- than $5,000,000 shall be made available for attempting to conduct a debate about immi- mental Appropriations Act for Defense and programs and activities to promote democ- gration reform while the supplemental ap- for the Reconstruction of Iraq and Afghani- racy, including political party development, propriations bill is pending on the floor of stan, 2004 (Public Law 108-106; 117 Stat. 1227) in Lebanon and such amount shall be man- the United States Senate. to transfer funds made available under such aged by the Bureau of Democracy, Human chapter, shall be fully exercised and the Rights, and Labor of the Department of SA 373. Mrs. FEINSTEIN submitted funds transferred as follows: State: Provided further,’’. an amendment intended to be proposed (1) $53,000,000 shall be transferred to and On page 179, line 24, strike ‘‘$40,000,000’’ and by her to the bill H.R. 1268, Making consolidated with funds appropriated under insert ‘‘$35,000,000’’. emergency supplemental appropria- the heading ‘‘PEACEKEEPING OPERATIONS’’ in tions for the fiscal year ending Sep- title III of the Foreign Operations, Export SA 371. Mr. NELSON of Nebraska tember 30, 2005, to establish and rapidly Financing, and Related Programs Appropria- submitted an amendment intended to implement regulations for State driv- tions Act, 2005 (as enacted in division D of be proposed by her to the bill H.R. 1268, er’s license and identification docu- Public Law 108-447; 118 Stat. 2988) and used Making emergency supplemental ap- ment security standards, to prevent for the support of the efforts of the African propriations for the fiscal year ending Union to halt genocide and other atrocities terrorists from abusing the asylum September 30, 2005, to establish and laws of the United States, to unify ter- in Darfur, Sudan; and rapidly implement regulations for (2) $40,500,000 shall be transferred to and rorism-related grounds for inadmis- consolidated with funds appropriated under State driver’s license and identifica- sibility and removal, to ensure expedi- the heading ‘‘INTERNATIONAL DISASTER AND tion document security standards, to tious construction of the San Diego FAMINE ASSISTANCE’’ in such Act and used for prevent terrorists from abusing the border fence, and for other purposes; assistance for Darfur, Sudan. asylum laws of the United States, to which was ordered to lie on the table; unify terrorism-related grounds for in- as follows: SA 369. Mr. BINGAMAN submitted an admissibility and removal, to ensure At the appropriate place, insert the fol- amendment intended to be proposed by expeditious construction of the San lowing: him to the bill H.R. 1268, Making emer- Diego border fence, and for other pur- SEC. ll. STATE CRIMINAL ALIEN ASSISTANCE gency supplemental appropriations for poses; which was ordered to lie on the PROGRAM. the fiscal year ending September 30, table; as follows: (a) AUTHORIZATION OF APPROPRIATIONS.— 2005, to establish and rapidly imple- Section 241(i)(5) of the Immigration and Na- On page 169, between lines 8 and 9, insert tionality Act (8 U.S.C. 1231(i)(5)) is amended ment regulations for State driver’s li- the following: cense and identification document se- by striking ‘‘appropriated’’ and all that fol- SEC. 1122. Congress appropriated $1,000,000 lows through the period and inserting the curity standards, to prevent terrorists in Operations & Maintenance, Navy within following: ‘‘appropriated to carry out this from abusing the asylum laws of the both the Fiscal Year 2004 and 2005 Defense subsection— United States, to unify terrorism-re- Appropriations bills for the Navy to conduct ‘‘(A) such sums as may be necessary for lated grounds for inadmissibility and a recruitment and retention screening test fiscal year 2005; removal, to ensure expeditious con- program called the ‘‘Vital Learning Recruit- ‘‘(B) $750,000,000 for fiscal year 2006; ment/Retention Screening Test Program’’. ‘‘(C) $850,000,000 for fiscal year 2007; and struction of the San Diego border The Navy is strongly encouraged to ensure ‘‘(D) $950,000,000 for each of the fiscal fence, and for other purposes; which that it utilizes a ‘‘best value’’ acquisition years 2008 through 2011.’’. was ordered to lie on the table; as fol- strategy which emphasizes the past perform- (b) LIMITATION ON USE OF FUNDS.—Section lows: ance technical capabilities of the company it 241(i)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(6)) is amended to read as On page 169, between lines 8 and 9, insert selects to execute this program for which the follows: the following: $2,000,000 was appropriated. ‘‘(6) Amounts appropriated pursuant to the SETTLEMENT OF CLAIM FOR DAMAGES AT LAS SA 372. Mr. CORNYN (for himself and authorization of appropriations in paragraph CRUCES INTERNATIONAL AIRPORT Mrs. FEINSTEIN) proposed an amend- (5) that are distributed to a State or political SEC. 1122. (a) Of the funds appropriated or ment to the bill H.R. 1268, Making subdivision of a State, including a munici- otherwise made available by this Act, pality, may be used only for correctional $2,100,000 shall be made available to the Sec- emergency supplemental appropria- purposes.’’. retary of the Air Force to settle the claim tions for the fiscal year ending Sep- filed by the City of Las Cruces, New Mexico, tember 30, 2005, to establish and rapidly SA 374. Mr. KOHL (for himself, Mr. for damages resulting from the operation of implement regulations for State driv- DEWINE, Mr. HARKIN, Mr. DURBIN, Mr.

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.071 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3577 LEAHY, Ms. MIKULSKI, Mr. INOUYE, Ms. farm labor contractor and any agricultural section 212(a)(6)(C)(i) of the Immigration and LANDRIEU, Mrs. MURRAY, Mr. DORGAN, association, that employs workers in agri- Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or Mr. COLEMAN, Mr. OBAMA, and Mr. cultural employment. (ii) the alien— (3) JOB OPPORTUNITY.—The term ‘‘job op- (I) commits an act that makes the alien in- CORZINE) submitted an amendment in- portunity’’ means a job opening for tem- admissible to the United States as an immi- tended to be proposed by him to the porary full-time employment at a place in grant, except as provided under subsection bill H.R. 1268, Making emergency sup- the United States to which United States (e)(2); plemental appropriations for the fiscal workers can be referred. (II) is convicted of a felony or 3 or more year ending September 30, 2005, to es- (4) SECRETARY.—The term ‘‘Secretary’’ misdemeanors committed in the United tablish and rapidly implement regula- means the Secretary of Homeland Security. States; or tions for State driver’s license and (5) TEMPORARY.—A worker is employed on (III) is convicted of a single misdemeanor identification document security a ‘‘temporary’’ basis where the employment for which the actual sentence served is 6 is intended not to exceed 10 months. months or longer. standards, to prevent terrorists from (6) UNITED STATES WORKER.—The term (5) RECORD OF EMPLOYMENT.— abusing the asylum laws of the United ‘‘United States worker’’ means any worker, (A) IN GENERAL.—Each employer of a work- States, to unify terrorism-related whether a United States citizen or national, er granted status under this subsection shall grounds for inadmissibility and re- a lawfully admitted permanent resident annually— moval, to ensure expeditious construc- alien, or any other alien, who is authorized (i) provide a written record of employment tion of the San Diego border fence, and to work in the job opportunity within the to the alien; and for other purposes; which was ordered United States, except an alien admitted or (ii) provide a copy of such record to the Secretary. to lie on the table; as follows: otherwise provided status under section 101(a)(15)(H)(ii)(a) of the Immigration and (B) SUNSET.—The obligation under sub- In the bill, on page 171, line 2 strike Nationality Act (8 U.S.C. paragraph (A) shall terminate on the date ‘‘$150,000,000 through line 6 and insert in lieu 1101(a)(15)(H)(ii)(a)). that is 6 years after the date of enactment of thereof the following: (7) WORK DAY.—The term ‘‘work day’’ this Act. ‘‘$47,000,000 to remain available until ex- means any day in which the individual is em- (b) RIGHTS OF ALIENS GRANTED TEMPORARY pended: Provided, That from this amount, to ployed 1 or more hours in agriculture con- RESIDENT STATUS.— the maximum extent possible, funding shall sistent with the definition of ‘‘man-day’’ (1) IN GENERAL.—Except as otherwise pro- be restored to the previously approved fiscal under section 3(u) of the Fair Labor Stand- vided in this subsection, an alien who ac- year 2005 programs under section 204(a)(2) of ards Act of 1938 (29 U.S.C. 203(u)). quires the status of an alien lawfully admit- the Agricultural Trade Development and As- ted for temporary residence under subsection sistance Act of 1954: Provided further, That of Subtitle A—Adjustment to Lawful Status (a), such status not having changed, shall be the funds provided under this heading, SEC. 711. AGRICULTURAL WORKERS. considered to be an alien lawfully admitted $12,000,000 shall be available to carry out pro- (a) TEMPORARY RESIDENT STATUS.— for permanent residence for purposes of any grams under the Food for Progress Act of (1) IN GENERAL.—Notwithstanding any law other than any provision of the Immi- 1985: Provided further, That the amount pro- other provision of law, the Secretary shall gration and Nationality Act (8 U.S.C. 1101 et vided under this heading is designated as an confer upon an alien who qualifies under this seq.). emergency requirement pursuant to section subsection the status of an alien lawfully ad- (2) DELAYED ELIGIBILITY FOR CERTAIN FED- 402 of the conference report to accompany S. mitted for temporary residence if the Sec- ERAL PUBLIC BENEFITS.—An alien who ac- Con. Res. 95 (108th Congress).’’ retary determines that the alien— quires the status of an alien lawfully admit- (A) has performed agricultural employ- ted for temporary residence under subsection SA 375. Mr. CRAIG (for himself and ment in the United States for at least 575 (a) as described in paragraph (1) shall not be Mr. KENNEDY) submitted an amend- hours or 100 work days, whichever is less, eligible, by reason of such acquisition of that ment intended to be proposed by him during any 12 consecutive months during the status, for any form of assistance or benefit to the bill H.R. 1268, Making emer- 18-month period ending on December 31, 2004; described in section 403(a) of the Personal (B) applied for such status during the 18- Responsibility and Work Opportunity Rec- gency supplemental appropriations for month application period beginning on the onciliation Act of 1996 (8 U.S.C. 1613(a)) until the fiscal year ending September 30, first day of the seventh month that begins 5 years after the date on which the Secretary 2005, to establish and rapidly imple- after the date of enactment of this Act; and confers temporary resident status upon that ment regulations for State driver’s li- (C) is otherwise admissible to the United alien under subsection (a). cense and identification document se- States under section 212 of the Immigration (3) TERMS OF EMPLOYMENT RESPECTING curity standards, to prevent terrorists and Nationality Act (8 U.S.C. 1182), except as ALIENS ADMITTED UNDER THIS SECTION.— from abusing the asylum laws of the otherwise provided under subsection (e)(2). (A) PROHIBITION.—No alien granted tem- United States, to unify terrorism-re- (2) AUTHORIZED TRAVEL.—During the period porary resident status under subsection (a) an alien is in lawful temporary resident sta- may be terminated from employment by any lated grounds for inadmissibility and tus granted under this subsection, the alien employer during the period of temporary removal, to ensure expeditious con- has the right to travel abroad (including resident status except for just cause. struction of the San Diego border commutation from a residence abroad) in the (B) TREATMENT OF COMPLAINTS.— fence, and for other purposes; which same manner as an alien lawfully admitted (i) ESTABLISHMENT OF PROCESS.—The Sec- was ordered to lie on the table; as fol- for permanent residence. retary shall establish a process for the re- lows: (3) AUTHORIZED EMPLOYMENT.—During the ceipt, initial review, and disposition in ac- period an alien is in lawful temporary resi- On page 231, between lines 3 and 4, insert cordance with this subparagraph of com- dent status granted under this subsection, the following: plaints by aliens granted temporary resident the alien shall be provided an ‘‘employment status under subsection (a) who allege that TITLE VII—AGRICULTURAL JOB OPPOR- authorized’’ endorsement or other appro- they have been terminated without just TUNITIES, BENEFITS, AND SECURITY priate work permit, in the same manner as cause. No proceeding shall be conducted ACT OF 2005 an alien lawfully admitted for permanent under this subparagraph with respect to a SEC. 701. SHORT TITLE. residence. termination unless the Secretary determines This title may be cited as the ‘‘Agricul- (4) TERMINATION OF TEMPORARY RESIDENT that the complaint was filed not later than 6 tural Job Opportunities, Benefits, and Secu- STATUS.— months after the date of the termination. rity Act of 2005’’ or the ‘‘AgJOBS Act of (A) IN GENERAL.—During the period of tem- (ii) INITIATION OF ARBITRATION.—If the Sec- 2005’’. porary resident status granted an alien retary finds that a complaint has been filed SEC. 702. DEFINITIONS. under this subsection, the Secretary may in accordance with clause (i) and there is In this title: terminate such status only upon a deter- reasonable cause to believe that the com- (1) AGRICULTURAL EMPLOYMENT.—The term mination under this Act that the alien is de- plainant was terminated without just cause, ‘‘agricultural employment’’ means any serv- portable. the Secretary shall initiate binding arbitra- ice or activity that is considered to be agri- (B) GROUNDS FOR TERMINATION OF TEM- tion proceedings by requesting the Federal cultural under section 3(f) of the Fair Labor PORARY RESIDENT STATUS.—Before any alien Mediation and Conciliation Service to ap- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- becomes eligible for adjustment of status point a mutually agreeable arbitrator from ricultural labor under section 3121(g) of the under subsection (c), the Secretary may deny the roster of arbitrators maintained by such Internal Revenue Code of 1986 (26 U.S.C. adjustment to permanent resident status and Service for the geographical area in which 3121(g)). For purposes of this paragraph, agri- provide for termination of the temporary the employer is located. The procedures and cultural employment includes employment resident status granted such alien under rules of such Service shall be applicable to under section 101(a)(15)(H)(ii)(a) of the Immi- paragraph (1) if— the selection of such arbitrator and to such gration and Nationality Act (8 U.S.C. (i) the Secretary finds, by a preponderance arbitration proceedings. The Secretary shall 1101(a)(15)(H)(ii)(a)). of the evidence, that the adjustment to tem- pay the fee and expenses of the arbitrator, (2) EMPLOYER.—The term ‘‘employer’’ porary resident status was the result of fraud subject to the availability of appropriations means any person or entity, including any or willful misrepresentation (as described in for such purpose.

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(iii) ARBITRATION PROCEEDINGS.—The arbi- mines that the following requirements are (A) IN GENERAL.—Notwithstanding any trator shall conduct the proceeding in ac- satisfied: other provision of law, the Secretary shall cordance with the policies and procedures (i) QUALIFYING EMPLOYMENT.—The alien confer the status of lawful permanent resi- promulgated by the American Arbitration has performed at least 360 work days or 2,060 dent on the spouse and minor child of an Association applicable to private arbitration hours, but in no case less than 2,060 hours, of alien granted status under paragraph (1), in- of employment disputes. The arbitrator shall agricultural employment in the United cluding any individual who was a minor make findings respecting whether the termi- States, during the 6-year period beginning child on the date such alien was granted nation was for just cause. The arbitrator after the date of enactment of this Act. temporary resident status, if the spouse or may not find that the termination was for (ii) QUALIFYING YEARS.—The alien has per- minor child applies for such status, or if the just cause unless the employer so dem- formed at least 75 work days or 430 hours, principal alien includes the spouse or minor onstrates by a preponderance of the evi- but in no case less than 430 hours, of agricul- child in an application for adjustment of sta- dence. If the arbitrator finds that the termi- tural employment in the United States in at tus to that of a lawful permanent resident. nation was not for just cause, the arbitrator least 3 nonoverlapping periods of 12 consecu- (B) TREATMENT OF SPOUSES AND MINOR CHIL- shall make a specific finding of the number tive months during the 6-year period begin- DREN BEFORE ADJUSTMENT OF STATUS.—A of days or hours of work lost by the em- ning after the date of enactment of this Act. spouse and minor child of an alien granted ployee as a result of the termination. The ar- Qualifying periods under this clause may in- temporary resident status under subsection bitrator shall have no authority to order any clude nonconsecutive 12-month periods. (a) may not be— other remedy, including, but not limited to, (iii) QUALIFYING WORK IN FIRST 3 YEARS.— (i) removed while such alien maintains reinstatement, back pay, or front pay to the The alien has performed at least 240 work such status, except as provided in subpara- affected employee. Within 30 days from the days or 1,380 hours, but in no case less than graph (C); and conclusion of the arbitration proceeding, the 1,380 hours, of agricultural employment dur- (ii) granted authorization to engage in em- arbitrator shall transmit the findings in the ing the 3-year period beginning after the ployment in the United States or be provided form of a written opinion to the parties to date of enactment of this Act. an ‘‘employment authorized’’ endorsement the arbitration and the Secretary. Such find- (iv) APPLICATION PERIOD.—The alien applies or other work permit, unless such employ- ings shall be final and conclusive, and no of- for adjustment of status not later than 7 ment authorization is granted under another ficial or court of the United States shall years after the date of enactment of this provision of law. have the power or jurisdiction to review any (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF such findings. Act. (v) PROOF.—In meeting the requirements of STATUS AND REMOVAL.—The Secretary may (iv) EFFECT OF ARBITRATION FINDINGS.—If deny an alien spouse or child adjustment of the Secretary receives a finding of an arbi- clauses (i), (ii), and (iii), an alien may submit the record of employment described in sub- status under subparagraph (A) and may re- trator that an employer has terminated an move such spouse or child under section 240 alien granted temporary resident status section (a)(5) or such documentation as may be submitted under subsection (d)(3). of the Immigration and Nationality Act (8 under subsection (a) without just cause, the U.S.C. 1229a) if the spouse or child— Secretary shall credit the alien for the num- (vi) DISABILITY.—In determining whether an alien has met the requirements of clauses (i) commits an act that makes the alien ber of days or hours of work lost for purposes spouse or child inadmissible to the United of the requirement of subsection (c)(1). (i), (ii), and (iii), the Secretary shall credit States under section 212 of such Act (8 U.S.C. (v) TREATMENT OF ATTORNEY’S FEES.—The the alien with any work days lost because 1182), except as provided under subsection parties shall bear the cost of their own attor- the alien was unable to work in agricultural (e)(2); ney’s fees involved in the litigation of the employment due to injury or disease arising (ii) is convicted of a felony or 3 or more complaint. out of and in the course of the alien’s agri- misdemeanors committed in the United (vi) NONEXCLUSIVE REMEDY.—The com- cultural employment, if the alien can estab- States; or plaint process provided for in this subpara- lish such disabling injury or disease through (iii) is convicted of a single misdemeanor graph is in addition to any other rights an medical records. for which the actual sentence served is 6 employee may have in accordance with ap- (B) GROUNDS FOR DENIAL OF ADJUSTMENT OF months or longer. plicable law. STATUS.—The Secretary may deny an alien (vii) EFFECT ON OTHER ACTIONS OR PRO- adjustment to permanent resident status, (d) APPLICATIONS.— CEEDINGS.—Any finding of fact or law, judg- and provide for termination of the tem- (1) TO WHOM MAY BE MADE.— ment, conclusion, or final order made by an porary resident status granted such alien (A) WITHIN THE UNITED STATES.—The Sec- arbitrator in the proceeding before the Sec- under subsection (a), if— retary shall provide that— retary shall not be conclusive or binding in (i) the Secretary finds by a preponderance (i) applications for temporary resident sta- any separate or subsequent action or pro- of the evidence that the adjustment to tem- tus under subsection (a) may be filed— ceeding between the employee and the em- porary resident status was the result of fraud (I) with the Secretary, but only if the ap- ployee’s current or prior employer brought or willful misrepresentation, as described in plicant is represented by an attorney; or before an arbitrator, administrative agency, section 212(a)(6)(C)(i) of the Immigration and (II) with a qualified designated entity (des- court, or judge of any State or the United Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or ignated under paragraph (2)), but only if the States, regardless of whether the prior ac- (ii) the alien— applicant consents to the forwarding of the tion was between the same or related parties (I) commits an act that makes the alien in- application to the Secretary; and or involved the same facts, except that the admissible to the United States under sec- (ii) applications for adjustment of status arbitrator’s specific finding of the number of tion 212 of the Immigration and Nationality under subsection (c) shall be filed directly days or hours of work lost by the employee Act (8 U.S.C. 1182), except as provided under with the Secretary. as a result of the employment termination subsection (e)(2); (B) OUTSIDE THE UNITED STATES.—The Sec- may be referred to the Secretary pursuant to (II) is convicted of a felony or 3 or more retary, in cooperation with the Secretary of clause (iv). misdemeanors committed in the United State, shall establish a procedure whereby (C) CIVIL PENALTIES.— States; or an alien may apply for temporary resident (i) IN GENERAL.—If the Secretary finds, (III) is convicted of a single misdemeanor status under subsection (a) at an appropriate after notice and opportunity for a hearing, for which the actual sentence served is 6 consular office outside the United States. that an employer of an alien granted tem- months or longer. (C) PRELIMINARY APPLICATIONS.— porary resident status under subsection (a) (C) GROUNDS FOR REMOVAL.—Any alien (i) IN GENERAL.—During the application pe- has failed to provide the record of employ- granted temporary resident status under riod described in subsection (a)(1)(B), the ment required under subsection (a)(5) or has subsection (a) who does not apply for adjust- Secretary may grant admission to the provided a false statement of material fact ment of status under this subsection before United States as a temporary resident and in such a record, the employer shall be sub- the expiration of the application period de- provide an ‘‘employment authorized’’ en- ject to a civil money penalty in an amount scribed in subparagraph (A)(iv), or who fails dorsement or other appropriate work permit not to exceed $1,000 per violation. to meet the other requirements of subpara- to any alien who presents a preliminary ap- (ii) LIMITATION.—The penalty applicable graph (A) by the end of the applicable period, plication for such status under subsection (a) under clause (i) for failure to provide records is deportable and may be removed under sec- at a designated port of entry on the southern shall not apply unless the alien has provided tion 240 of the Immigration and Nationality land border of the United States. An alien the employer with evidence of employment Act (8 U.S.C. 1229a). The Secretary shall who does not enter through a port of entry is authorization granted under this section. issue regulations establishing grounds to subject to deportation and removal as other- (c) ADJUSTMENT TO PERMANENT RESI- waive subparagraph (A)(iii) with respect to wise provided in this Act. DENCE.— an alien who has completed at least 200 days (ii) DEFINITION.—For purposes of clause (i), (1) AGRICULTURAL WORKERS.— of the work requirement specified in such the term ‘‘preliminary application’’ means a (A) IN GENERAL.—Except as provided in subparagraph in the event of a natural dis- fully completed and signed application which subparagraph (B), the Secretary shall adjust aster which substantially limits the avail- contains specific information concerning the the status of an alien granted lawful tem- ability of agricultural employment or a per- performance of qualifying employment in porary resident status under subsection (a) sonal emergency that prevents compliance the United States, together with the pay- to that of an alien lawfully admitted for per- with such subparagraph. ment of the appropriate fee and the submis- manent residence if the Secretary deter- (2) SPOUSES AND MINOR CHILDREN.— sion of photographs and the documentary

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.076 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3579 evidence which the applicant intends to sub- ties operating under this subsection are con- tion 212(a)(6)(C)(i) of the Immigration and mit as proof of such employment. fidential and the Secretary shall not have Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). (iii) ELIGIBILITY.—An applicant under access to such files or records relating to an (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec- clause (i) shall otherwise be admissible to alien without the consent of the alien, ex- tion 504(a)(11) of Public Law 104–134 (110 Stat. the United States under subsection (e)(2) and cept as allowed by a court order issued pur- 1321–53 et seq.) shall not be construed to pre- shall establish to the satisfaction of the ex- suant to paragraph (6). vent a recipient of funds under the Legal amining officer during an interview that the (6) CONFIDENTIALITY OF INFORMATION.— Services Corporation Act (42 U.S.C. 2996 et applicant’s claim to eligibility for temporary (A) IN GENERAL.—Except as otherwise pro- seq.) from providing legal assistance directly resident status is credible. vided in this subsection, neither the Sec- related to an application for adjustment of (D) TRAVEL DOCUMENTATION.—The Sec- retary, nor any other official or employee of status under this section. retary shall provide each alien granted sta- the Department of Homeland Security, or (9) APPLICATION FEES.— tus under this section with a counterfeit-re- bureau or agency thereof, may— (A) FEE SCHEDULE.—The Secretary shall sistant document of authorization to enter (i) use the information furnished by the ap- provide for a schedule of fees that— or reenter the United States that meets the plicant pursuant to an application filed (i) shall be charged for the filing of appli- requirements established by the Secretary. under this section, the information provided cations for status under subsections (a) and (2) DESIGNATION OF ENTITIES TO RECEIVE AP- to the applicant by a person designated (c); and PLICATIONS.— under paragraph (2)(A), or any information (ii) may be charged by qualified designated (A) IN GENERAL.—For purposes of receiving provided by an employer or former employer, entities to help defray the costs of services applications under subsection (a), the Sec- for any purpose other than to make a deter- provided to such applicants. retary— mination on the application, or for enforce- (B) PROHIBITION ON EXCESS FEES BY QUALI- (i) shall designate qualified farm labor or- ment of paragraph (7); FIED DESIGNATED ENTITIES.—A qualified des- ganizations and associations of employers; (ii) make any publication whereby the in- ignated entity may not charge any fee in ex- and formation furnished by any particular indi- cess of, or in addition to, the fees authorized (ii) may designate such other persons as vidual can be identified; or under subparagraph (A)(ii) for services pro- the Secretary determines are qualified and (iii) permit anyone other than the sworn have substantial experience, demonstrate vided to applicants. officers and employees of the Department of (C) DISPOSITION OF FEES.— competence, and have traditional long-term Homeland Security, or bureau or agency involvement in the preparation and submis- (i) IN GENERAL.—There is established in the thereof, or, with respect to applications filed general fund of the Treasury a separate ac- sion of applications for adjustment of status with a qualified designated entity, that under section 209, 210, or 245 of the Immigra- count, which shall be known as the ‘‘Agricul- qualified designated entity, to examine indi- tural Worker Immigration Status Adjust- tion and Nationality Act, Public Law 89–732, vidual applications. Public Law 95–145, or the Immigration Re- ment Account’’. Notwithstanding any other (B) REQUIRED DISCLOSURES.—The Secretary provision of law, there shall be deposited as form and Control Act of 1986. shall provide the information furnished (B) REFERENCES.—Organizations, associa- offsetting receipts into the account all fees under this section, or any other information collected under subparagraph (A)(i). tions, and persons designated under subpara- derived from such furnished information, graph (A) are referred to in this Act as (ii) USE OF FEES FOR APPLICATION PROC- to— ‘‘qualified designated entities’’. ESSING.—Amounts deposited in the ‘‘Agricul- (i) a duly recognized law enforcement enti- (3) PROOF OF ELIGIBILITY.— tural Worker Immigration Status Adjust- ty in connection with a criminal investiga- (A) IN GENERAL.—An alien may establish ment Account’’ shall remain available to the tion or prosecution, if such information is that the alien meets the requirement of sub- Secretary until expended for processing ap- requested in writing by such entity; or section (a)(1)(A) or (c)(1)(A) through govern- plications for status under subsections (a) (ii) an official coroner, for purposes of af- ment employment records or records sup- and (c). firmatively identifying a deceased indi- plied by employers or collective bargaining vidual, whether or not the death of such in- (e) WAIVER OF NUMERICAL LIMITATIONS AND organizations, and other reliable documenta- dividual resulted from a crime. CERTAIN GROUNDS FOR INADMISSIBILITY.— tion as the alien may provide. The Secretary ONSTRUCTION.— UMERICAL LIMITATIONS DO NOT APPLY shall establish special procedures to properly (C) C (1) N .— credit work in cases in which an alien was (i) IN GENERAL.—Nothing in this paragraph The numerical limitations of sections 201 employed under an assumed name. shall be construed to limit the use, or re- and 202 of the Immigration and Nationality lease, for immigration enforcement purposes (B) DOCUMENTATION OF WORK HISTORY.— Act (8 U.S.C. 1151 and 1152) shall not apply to or law enforcement purposes of information (i) BURDEN OF PROOF.—An alien applying the adjustment of aliens to lawful permanent for status under subsection (a)(1) or (c)(1) has contained in files or records of the Depart- resident status under this section. the burden of proving by a preponderance of ment of Homeland Security pertaining to an (2) WAIVER OF CERTAIN GROUNDS OF INADMIS- the evidence that the alien has worked the application filed under this section, other SIBILITY.—In the determination of an alien’s requisite number of hours or days (as re- than information furnished by an applicant eligibility for status under subsection quired under subsection (a)(1)(A) or pursuant to the application, or any other in- (a)(1)(C) or an alien’s eligibility for adjust- (c)(1)(A)). formation derived from the application, that ment of status under subsection (ii) TIMELY PRODUCTION OF RECORDS.—If an is not available from any other source. (c)(1)(B)(ii)(I), the following rules shall employer or farm labor contractor employ- (ii) CRIMINAL CONVICTIONS.—Information apply: ing such an alien has kept proper and ade- concerning whether the applicant has at any (A) GROUNDS OF EXCLUSION NOT APPLICA- quate records respecting such employment, time been convicted of a crime may be used BLE.—The provisions of paragraphs (5), the alien’s burden of proof under clause (i) or released for immigration enforcement or (6)(A), (7)(A), and (9)(B) of section 212(a) of may be met by securing timely production of law enforcement purposes. the Immigration and Nationality Act (8 those records under regulations to be pro- (D) CRIME.—Any person who knowingly U.S.C. 1182(a)) shall not apply. mulgated by the Secretary. uses, publishes, or permits information to be (B) WAIVER OF OTHER GROUNDS.— (iii) SUFFICIENT EVIDENCE.—An alien can examined in violation of this paragraph shall (i) IN GENERAL.—Except as provided in meet the burden of proof under clause (i) to be subject to a fine in an amount not to ex- clause (ii), the Secretary may waive any establish that the alien has performed the ceed $10,000. other provision of such section 212(a) in the work described in subsection (a)(1)(A) or (7) PENALTIES FOR FALSE STATEMENTS IN AP- case of individual aliens for humanitarian (c)(1)(A) by producing sufficient evidence to PLICATIONS.— purposes, to ensure family unity, or if other- show the extent of that employment as a (A) CRIMINAL PENALTY.—Any person who— wise in the public interest. matter of just and reasonable inference. (i) files an application for status under sub- (ii) GROUNDS THAT MAY NOT BE WAIVED.— (4) TREATMENT OF APPLICATIONS BY QUALI- section (a) or (c) and knowingly and willfully Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of FIED DESIGNATED ENTITIES.—Each qualified falsifies, conceals, or covers up a material such section 212(a) may not be waived by the designated entity shall agree to forward to fact or makes any false, fictitious, or fraudu- Secretary under clause (i). the Secretary applications filed with it in lent statements or representations, or makes (iii) CONSTRUCTION.—Nothing in this sub- accordance with paragraph (1)(A)(i)(II) but or uses any false writing or document know- paragraph shall be construed as affecting the shall not forward to the Secretary applica- ing the same to contain any false, fictitious, authority of the Secretary other than under tions filed with it unless the applicant has or fraudulent statement or entry; or this subparagraph to waive provisions of consented to such forwarding. No such entity (ii) creates or supplies a false writing or such section 212(a). may make a determination required by this document for use in making such an applica- (C) SPECIAL RULE FOR DETERMINATION OF section to be made by the Secretary. Upon tion, PUBLIC CHARGE.—An alien is not ineligible for the request of the alien, a qualified des- shall be fined in accordance with title 18, status under this section by reason of a ignated entity shall assist the alien in ob- United States Code, imprisoned not more ground of inadmissibility under section taining documentation of the work history than 5 years, or both. 212(a)(4) of the Immigration and Nationality of the alien. (B) INADMISSIBILITY.—An alien who is con- Act (8 U.S.C. 1182(a)(4)) if the alien dem- (5) LIMITATION ON ACCESS TO INFORMATION.— victed of a crime under subparagraph (A) onstrates a history of employment in the Files and records prepared for purposes of shall be considered to be inadmissible to the United States evidencing self-support with- this subsection by qualified designated enti- United States on the ground described in sec- out reliance on public cash assistance.

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.076 S13PT1 S3580 CONGRESSIONAL RECORD — SENATE April 13, 2005

(f) TEMPORARY STAY OF REMOVAL AND (i) REGULATIONS.—The Secretary shall cause the former occupant is on strike or WORK AUTHORIZATION FOR CERTAIN APPLI- issue regulations to implement this section being locked out in the course of a labor dis- CANTS.— not later than the first day of the seventh pute. (1) BEFORE APPLICATION PERIOD.—Effective month that begins after the date of enact- ‘‘(C) NOTIFICATION OF BARGAINING REP- on the date of enactment of this Act, the ment of this Act. RESENTATIVES.—The employer, at the time of Secretary shall provide that, in the case of (j) EFFECTIVE DATE.—This section shall filing the application, has provided notice of an alien who is apprehended before the be- take effect on the date that regulations are the filing under this paragraph to the bar- ginning of the application period described issued implementing this section on an in- gaining representative of the employer’s em- in subsection (a)(1)(B) and who can establish terim or other basis. ployees in the occupational classification at a nonfrivolous case of eligibility for tem- (k) AUTHORIZATION OF APPROPRIATIONS.— the place or places of employment for which porary resident status under subsection (a) There are authorized to be appropriated to aliens are sought. (but for the fact that the alien may not the Secretary to carry out this section ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- apply for such status until the beginning of $40,000,000 for each of fiscal years 2006 TUNITIES.—The job opportunity is temporary such period), until the alien has had the op- through 2009. or seasonal. portunity during the first 30 days of the ap- SEC. 712. CORRECTION OF SOCIAL SECURITY ‘‘(E) OFFERS TO UNITED STATES WORKERS.— plication period to complete the filing of an RECORDS. The employer has offered or will offer the job application for temporary resident status, (a) IN GENERAL.—Section 208(d)(1) of the to any eligible United States worker who ap- the alien— Social Security Act (42 U.S.C. 408(d)(1)) is plies and is equally or better qualified for (A) may not be removed; and amended— the job for which the nonimmigrant is, or (B) shall be granted authorization to en- (1) in subparagraph (B)(ii), by striking ‘‘or’’ the nonimmigrants are, sought and who will gage in employment in the United States at the end; be available at the time and place of need. and be provided an ‘‘employment author- (2) in subparagraph (C), by inserting ‘‘or’’ ‘‘(F) PROVISION OF INSURANCE.—If the job ized’’ endorsement or other appropriate work at the end; opportunity is not covered by the State permit for such purpose. (3) by inserting after subparagraph (C) the workers’ compensation law, the employer (2) DURING APPLICATION PERIOD.—The Sec- following: will provide, at no cost to the worker, insur- retary shall provide that, in the case of an ‘‘(D) who is granted status as a lawful tem- ance covering injury and disease arising out alien who presents a nonfrivolous applica- porary resident under the Agricultural Job of, and in the course of, the worker’s employ- tion for temporary resident status under Opportunity, Benefits, and Security Act of ment which will provide benefits at least subsection (a) during the application period 2005,’’; and equal to those provided under the State’s described in subsection (a)(1)(B), including (4) by striking ‘‘1990.’’ and inserting ‘‘1990, workers’ compensation law for comparable an alien who files such an application within or in the case of an alien described in sub- employment. 30 days of the alien’s apprehension, and until paragraph (D), if such conduct is alleged to ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY a final determination on the application has have occurred before the date on which the COLLECTIVE BARGAINING AGREEMENTS.—With been made in accordance with this section, alien was granted lawful temporary resident respect to a job opportunity that is not cov- the alien— status.’’. ered under a collective bargaining agree- (A) may not be removed; and (b) EFFECTIVE DATE.—The amendments ment: (B) shall be granted authorization to en- made by subsection (a) shall take effect on ‘‘(A) STRIKE OR LOCKOUT.—The specific job gage in employment in the United States the first day of the seventh month that be- opportunity for which the employer is re- and be provided an ‘‘employment author- gins after the date of enactment of this Act. questing an H–2A worker is not vacant be- ized’’ endorsement or other appropriate work Subtitle B—Reform of H–2A Worker Program cause the former occupant is on strike or permit for such purpose. being locked out in the course of a labor dis- SEC. 721. AMENDMENT TO THE IMMIGRATION pute. (g) ADMINISTRATIVE AND JUDICIAL RE- AND NATIONALITY ACT. VIEW.— ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- (a) IN GENERAL.—The Immigration and Na- NITIES.—The job opportunity is temporary or (1) IN GENERAL.—There shall be no adminis- tionality Act is amended by striking section seasonal. trative or judicial review of a determination 218 (8 U.S.C. 1188) and inserting the fol- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- respecting an application for status under lowing: subsection (a) or (c) except in accordance TIONS.—The employer will provide, at a min- with this subsection. ‘‘H–2A EMPLOYER APPLICATIONS imum, the benefits, wages, and working con- (2) ADMINISTRATIVE REVIEW.— ‘‘SEC. 218. (a) APPLICATIONS TO THE SEC- ditions required by section 218A to all work- (A) SINGLE LEVEL OF ADMINISTRATIVE AP- RETARY OF LABOR.— ers employed in the job opportunities for PELLATE REVIEW.—The Secretary shall estab- ‘‘(1) IN GENERAL.—No alien may be admit- which the employer has applied under sub- lish an appellate authority to provide for a ted to the United States as an H–2A worker, section (a) and to all other workers in the single level of administrative appellate re- or otherwise provided status as an H–2A same occupation at the place of employ- view of such a determination. worker, unless the employer has filed with ment. (B) STANDARD FOR REVIEW.—Such adminis- the Secretary of Labor an application con- ‘‘(D) NONDISPLACEMENT OF UNITED STATES trative appellate review shall be based solely taining— WORKERS.—The employer did not displace upon the administrative record established ‘‘(A) the assurances described in subsection and will not displace a United States worker at the time of the determination on the ap- (b); employed by the employer during the period plication and upon such additional or newly ‘‘(B) a description of the nature and loca- of employment and for a period of 30 days discovered evidence as may not have been tion of the work to be performed; preceding the period of employment in the available at the time of the determination. ‘‘(C) the anticipated period (expected be- occupation at the place of employment for (3) JUDICIAL REVIEW.— ginning and ending dates) for which the which the employer seeks approval to em- (A) LIMITATION TO REVIEW OF REMOVAL.— workers will be needed; and ploy H–2A workers. There shall be judicial review of such a de- ‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF NON- termination only in the judicial review of an which the employer seeks to employ the IMMIGRANT WITH OTHER EMPLOYERS.—The em- order of removal under section 242 of the Im- workers. ployer will not place the nonimmigrant with migration and Nationality Act (8 U.S.C. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- another employer unless— 1252). plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in (B) STANDARD FOR JUDICIAL REVIEW.—Such accompanied by a copy of the job offer de- whole or in part at 1 or more work sites judicial review shall be based solely upon the scribing the wages and other terms and con- owned, operated, or controlled by such other administrative record established at the ditions of employment and the bona fide oc- employer; time of the review by the appellate authority cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment and the findings of fact and determinations sessed by a worker to be employed in the job relationship between the nonimmigrant and contained in such record shall be conclusive opportunity in question. such other employer; and unless the applicant can establish abuse of ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the discretion or that the findings are directly CATIONS.—The assurances referred to in sub- other employer as to whether, and has no ac- contrary to clear and convincing facts con- section (a)(1) are the following: tual knowledge or notice that, during the pe- tained in the record considered as a whole. ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- riod of employment and for a period of 30 (h) DISSEMINATION OF INFORMATION ON AD- TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, JUSTMENT PROGRAM.—Beginning not later to a job opportunity that is covered under a the other employer has displaced or intends than the first day of the application period collective bargaining agreement: to displace a United States worker employed described in subsection (a)(1)(B), the Sec- ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at retary, in cooperation with qualified des- opportunity is covered by a union contract the place of employment for which the em- ignated entities, shall broadly disseminate which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- information respecting the benefits that tween a bona fide union and the employer. ers. aliens may receive under this section and the ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- requirements to be satisfied to obtain such opportunity for which the employer is re- cation form shall include a clear statement benefits. questing an H–2A worker is not vacant be- explaining the liability under subparagraph

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.076 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3581 (E) of an employer if the other employer de- cent of the period of employment for which conditions of employment required as a re- scribed in such subparagraph displaces a the foreign worker who is in the job was sult of making an application under sub- United States worker as described in such hired has elapsed, subject to the following section (a) is unaffected by withdrawal of subparagraph. requirements: such application. ‘‘(G) PROVISION OF INSURANCE.—If the job ‘‘(I) PROHIBITION.—No person or entity ‘‘(e) REVIEW AND APPROVAL OF APPLICA- opportunity is not covered by the State shall willfully and knowingly withhold TIONS.— workers’ compensation law, the employer United States workers before the arrival of ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The will provide, at no cost to the worker, insur- H–2A workers in order to force the hiring of employer shall make available for public ex- ance covering injury and disease arising out United States workers under this clause. amination, within 1 working day after the of and in the course of the worker’s employ- ‘‘(II) COMPLAINTS.—Upon receipt of a com- date on which an application under sub- ment which will provide benefits at least plaint by an employer that a violation of section (a) is filed, at the employer’s prin- equal to those provided under the State’s subclause (I) has occurred, the Secretary of cipal place of business or work site, a copy of workers’ compensation law for comparable Labor shall immediately investigate. The each such application (and such accom- employment. Secretary of Labor shall, within 36 hours of panying documents as are necessary). ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- the receipt of the complaint, issue findings ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ERS.— concerning the alleged violation. If the Sec- LABOR.— ‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- ‘‘(A) COMPILATION OF LIST.—The Secretary taken or will take the following steps to re- curred, the Secretary of Labor shall imme- of Labor shall compile, on a current basis, a cruit United States workers for the job op- diately suspend the application of this clause list (by employer and by occupational classi- portunities for which the H–2A non- with respect to that certification for that fication) of the applications filed under this immigrant is, or H–2A nonimmigrants are, date of need. subsection. Such list shall include the wage sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- rate, number of workers sought, period of in- ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- tended employment, and date of need. The employer shall make reasonable efforts er to an employer during the period de- Secretary of Labor shall make such list through the sending of a letter by United scribed in the matter preceding subclause (I), available for examination in the District of States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- Columbia. contact any United States worker the em- sonable efforts to place the United States ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- ployer employed during the previous season worker in an open job acceptable to the retary of Labor shall review such an applica- in the occupation at the place of intended worker, if there are other job offers pending tion only for completeness and obvious inac- employment for which the employer is ap- with the job service that offer similar job op- curacies. Unless the Secretary of Labor finds plying for workers and has made the avail- portunities in the area of intended employ- that the application is incomplete or obvi- ability of the employer’s job opportunities in ment. ously inaccurate, the Secretary of Labor the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing shall certify that the intending employer has ployment known to such previous workers, in this subparagraph shall be construed to filed with the Secretary of Labor an applica- unless the worker was terminated from em- prohibit an employer from using such legiti- tion as described in subsection (a). Such cer- ployment by the employer for a lawful job- mate selection criteria relevant to the type tification shall be provided within 7 days of related reason or abandoned the job before of job that are normal or customary to the the filing of the application. the worker completed the period of employ- type of job involved so long as such criteria ‘‘H–2A EMPLOYMENT REQUIREMENTS ment of the job opportunity for which the are not applied in a discriminatory manner. ‘‘SEC. 218A. (a) PREFERENTIAL TREATMENT ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- worker was hired. OF ALIENS PROHIBITED.—Employers seeking ‘‘(II) FILING A JOB OFFER WITH THE LOCAL HALF OF EMPLOYER MEMBERS.— to hire United States workers shall offer the OFFICE OF THE STATE EMPLOYMENT SECURITY ‘‘(1) IN GENERAL.—An agricultural associa- United States workers no less than the same AGENCY.—Not later than 28 days before the tion may file an application under sub- benefits, wages, and working conditions that date on which the employer desires to em- section (a) on behalf of 1 or more of its em- the employer is offering, intends to offer, or ploy an H–2A worker in a temporary or sea- ployer members that the association cer- will provide to H–2A workers. Conversely, no sonal agricultural job opportunity, the em- tifies in its application has or have agreed in job offer may impose on United States work- ployer shall submit a copy of the job offer writing to comply with the requirements of ers any restrictions or obligations which will described in subsection (a)(2) to the local of- this section and sections 218A through 218C. not be imposed on the employer’s H–2A fice of the State employment security agen- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS workers. cy which serves the area of intended employ- EMPLOYERS.—If an association filing an ap- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- ment and authorize the posting of the job op- plication under paragraph (1) is a joint or ING CONDITIONS.—Except in cases where high- portunity on ‘America’s Job Bank’ or other sole employer of the temporary or seasonal er benefits, wages, or working conditions are electronic job registry, except that nothing agricultural workers requested on the appli- required by the provisions of subsection (a), in this subclause shall require the employer cation, the certifications granted under sub- in order to protect similarly employed to file an interstate job order under section section (e)(2)(B) to the association may be United States workers from adverse effects 653 of title 20, Code of Federal Regulations. used for the certified job opportunities of with respect to benefits, wages, and working ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— any of its producer members named on the conditions, every job offer which shall ac- Not later than 14 days before the date on application, and such workers may be trans- company an application under section which the employer desires to employ an H– ferred among such producer members to per- 218(b)(2) shall include each of the following 2A worker in a temporary or seasonal agri- form the agricultural services of a tem- benefit, wage, and working condition provi- cultural job opportunity, the employer shall porary or seasonal nature for which the cer- sions: advertise the availability of the job opportu- tifications were granted. ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A nities for which the employer is seeking ‘‘(d) WITHDRAWAL OF APPLICATIONS.— HOUSING ALLOWANCE.— workers in a publication in the local labor ‘‘(1) IN GENERAL.—An employer may with- ‘‘(A) IN GENERAL.—An employer applying market that is likely to be patronized by po- draw an application filed pursuant to sub- under section 218(a) for H–2A workers shall tential farm workers. section (a), except that if the employer is an offer to provide housing at no cost to all ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- agricultural association, the association workers in job opportunities for which the retary of Labor shall, by regulation, provide may withdraw an application filed pursuant employer has applied under that section and a procedure for acceptance and approval of to subsection (a) with respect to 1 or more of to all other workers in the same occupation applications in which the employer has not its members. To withdraw an application, at the place of employment, whose place of complied with the provisions of this subpara- the employer or association shall notify the residence is beyond normal commuting dis- graph because the employer’s need for H–2A Secretary of Labor in writing, and the Sec- tance. workers could not reasonably have been fore- retary of Labor shall acknowledge in writing ‘‘(B) TYPE OF HOUSING.—In complying with seen. the receipt of such withdrawal notice. An subparagraph (A), an employer may, at the ‘‘(ii) JOB OFFERS.—The employer has of- employer who withdraws an application employer’s election, provide housing that fered or will offer the job to any eligible under subsection (a), or on whose behalf an meets applicable Federal standards for tem- United States worker who applies and is application is withdrawn, is relieved of the porary labor camps or secure housing that equally or better qualified for the job for obligations undertaken in the application. meets applicable local standards for rental which the nonimmigrant is, or non- ‘‘(2) LIMITATION.—An application may not or public accommodation housing or other immigrants are, sought and who will be be withdrawn while any alien provided sta- substantially similar class of habitation, or available at the time and place of need. tus under section 101(a)(15)(H)(ii)(a) pursuant in the absence of applicable local standards, ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- to such application is employed by the em- State standards for rental or public accom- ployer will provide employment to any ployer. modation housing or other substantially qualified United States worker who applies ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— similar class of habitation. In the absence of to the employer during the period beginning Any obligation incurred by an employer applicable local or State standards, Federal on the date on which the foreign worker de- under any other law or regulation as a result temporary labor camp standards shall apply. parts for the employer’s place of employ- of the recruitment of United States workers ‘‘(C) FAMILY HOUSING.—When it is the pre- ment and ending on the date on which 50 per- or H–2A workers under an offer of terms and vailing practice in the occupation and area

VerDate Aug 04 2004 04:15 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.076 S13PT1 S3582 CONGRESSIONAL RECORD — SENATE April 13, 2005 of intended employment to provide family equal to the statewide average fair market effect wage rate for a State may be more housing, family housing shall be provided to rental for existing housing for metropolitan than the adverse effect wage rate for that workers with families who request it. counties for the State, as established by the State in effect on January 1, 2003, as estab- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- lished by section 655.107 of title 20, Code of DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United Federal Regulations. Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. ‘‘(C) REQUIRED WAGES AFTER 3-YEAR the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit FREEZE.— housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. ‘‘(i) FIRST ADJUSTMENT.—If Congress does duction of livestock. ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— not set a new wage standard applicable to ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker this section before the first March 1 that is graph shall be construed to require an em- who completes 50 percent of the period of not less than 3 years after the date of enact- ployer to provide or secure housing for per- employment of the job opportunity for which ment of this section, the adverse effect wage sons who were not entitled to such housing the worker was hired shall be reimbursed by rate for each State beginning on such March under the temporary labor certification reg- the employer for the cost of the worker’s 1 shall be the wage rate that would have re- ulations in effect on June 1, 1986. transportation and subsistence from the sulted if the adverse effect wage rate in ef- ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work fect on January 1, 2003, had been annually ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- adjusted, beginning on March 1, 2006, by the lic housing provided for migrant agricultural ment, if the worker traveled from such lesser of— workers under the auspices of a local, coun- place) to the place of employment. ‘‘(I) the 12 month percentage change in the ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A Consumer Price Index for All Urban Con- ployer, and use of the public housing unit worker who completes the period of employ- sumers between December of the second pre- normally requires charges from migrant ment for the job opportunity involved shall ceding year and December of the preceding workers, such charges shall be paid by the be reimbursed by the employer for the cost year; and employer directly to the appropriate indi- of the worker’s transportation and subsist- ‘‘(II) 4 percent. vidual or entity affiliated with the housing’s ence from the place of employment to the ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— management. place from which the worker, disregarding Beginning on the first March 1 that is not ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for less than 4 years after the date of enactment form of deposits for bedding or other similar the employer, or to the place of next employ- of this section, and each March 1 thereafter, incidentals related to housing shall not be ment, if the worker has contracted with a the adverse effect wage rate then in effect levied upon workers by employers who pro- subsequent employer who has not agreed to for each State shall be adjusted by the lesser vide housing for their workers. An employer provide or pay for the worker’s transpor- of— may require a worker found to have been re- tation and subsistence to such subsequent ‘‘(I) the 12 month percentage change in the sponsible for damage to such housing which employer’s place of employment. Consumer Price Index for All Urban Con- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— sumers between December of the second pre- lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except ceding year and December of the preceding ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- year; and such damage. imbursement provided under subparagraph ‘‘(II) 4 percent. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(D) DEDUCTIONS.—The employer shall NATIVE.— ceed the lesser of— make only those deductions from the work- ‘‘(i) IN GENERAL.—If the requirement under ‘‘(I) the actual cost to the worker or alien er’s wages that are authorized by law or are clause (ii) is satisfied, the employer may pro- of the transportation and subsistence in- reasonable and customary in the occupation vide a reasonable housing allowance instead volved; or and area of employment. The job offer shall of offering housing under subparagraph (A). ‘‘(II) the most economical and reasonable specify all deductions not required by law Upon the request of a worker seeking assist- common carrier transportation charges and which the employer will make from the ance in locating housing, the employer shall subsistence costs for the distance involved. worker’s wages. make a good faith effort to assist the worker ‘‘(ii) DISTANCE TRAVELED.—No reimburse- ‘‘(E) FREQUENCY OF PAY.—The employer in identifying and locating housing in the ment under subparagraph (A) or (B) shall be shall pay the worker not less frequently than area of intended employment. An employer required if the distance traveled is 100 miles twice monthly, or in accordance with the who offers a housing allowance to a worker, or less, or the worker is not residing in em- prevailing practice in the area of employ- or assists a worker in locating housing which ployer-provided housing or housing secured ment, whichever is more frequent. the worker occupies, pursuant to this clause through an allowance as provided in para- ‘‘(F) HOURS AND EARNINGS STATEMENTS.— shall not be deemed a housing provider under graph (1)(G). The employer shall furnish to the worker, on section 203 of the Migrant and Seasonal Agri- ‘‘(D) EARLY TERMINATION.—If the worker is or before each payday, in 1 or more written cultural Worker Protection Act (29 U.S.C. laid off or employment is terminated for statements— 1823) solely by virtue of providing such hous- contract impossibility (as described in para- ‘‘(i) the worker’s total earnings for the pay ing allowance. No housing allowance may be graph (4)(D)) before the anticipated ending period; used for housing which is owned or con- date of employment, the employer shall pro- ‘‘(ii) the worker’s hourly rate of pay, piece trolled by the employer. vide the transportation and subsistence re- rate of pay, or both; ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- ‘‘(iii) the hours of employment which have this clause is satisfied if the Governor of the standing whether the worker has completed been offered to the worker (broken out by State certifies to the Secretary of Labor 50 percent of the period of employment, shall hours offered in accordance with and over that there is adequate housing available in provide the transportation reimbursement and above the three-quarters guarantee de- the area of intended employment for mi- required by subparagraph (A). scribed in paragraph (4); grant farm workers, and H–2A workers, who ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(iv) the hours actually worked by the are seeking temporary housing while em- QUARTERS AND WORK SITE.—The employer worker; ployed at farm work. Such certification shall shall provide transportation between the ‘‘(v) an itemization of the deductions made expire after 3 years unless renewed by the worker’s living quarters and the employer’s from the worker’s wages; and Governor of the State. work site without cost to the worker, and ‘‘(vi) if piece rates of pay are used, the ‘‘(iii) AMOUNT OF ALLOWANCE.— such transportation will be in accordance units produced daily. ‘‘(I) NONMETROPOLITAN COUNTIES.—If the with applicable laws and regulations. ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not place of employment of the workers provided ‘‘(3) REQUIRED WAGES.— later than June 1, 2007, the Comptroller Gen- an allowance under this subparagraph is a ‘‘(A) IN GENERAL.—An employer applying eral of the United States shall prepare and nonmetropolitan county, the amount of the for workers under section 218(a) shall offer to transmit to the Secretary of Labor, the Com- housing allowance under this subparagraph pay, and shall pay, all workers in the occu- mittee on the Judiciary of the Senate, and shall be equal to the statewide average fair pation for which the employer has applied Committee on the Judiciary of the House of market rental for existing housing for non- for workers, not less (and is not required to Representatives, a report that addresses— metropolitan counties for the State, as es- pay more) than the greater of the prevailing ‘‘(i) whether the employment of H–2A or tablished by the Secretary of Housing and wage in the occupation in the area of in- unauthorized aliens in the United States ag- Urban Development pursuant to section 8(c) tended employment or the adverse effect ricultural work force has depressed United of the United States Housing Act of 1937 (42 wage rate. No worker shall be paid less than States farm worker wages below the levels U.S.C. 1437f(c)), based on a 2 bedroom dwell- the greater of the hourly wage prescribed that would otherwise have prevailed if alien ing unit and an assumption of 2 persons per under section 6(a)(1) of the Fair Labor Stand- farm workers had not been employed in the bedroom. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- United States; ‘‘(II) METROPOLITAN COUNTIES.—If the place plicable State minimum wage. ‘‘(ii) whether an adverse effect wage rate is of employment of the workers provided an ‘‘(B) LIMITATION.—Effective on the date of necessary to prevent wages of United States allowance under this paragraph is in a met- enactment of the Agricultural Job Oppor- farm workers in occupations in which H–2A ropolitan county, the amount of the housing tunity, Benefits, and Security Act of 2005 and workers are employed from falling below the allowance under this subparagraph shall be continuing for 3 years thereafter, no adverse wage levels that would have prevailed in the

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absence of the employment of H–2A workers ‘‘(B) FAILURE TO WORK.—Any hours which provider holds itself out to the general pub- in those occupations; the worker fails to work, up to a maximum lic as engaging in the transportation of pas- ‘‘(iii) whether alternative wage standards, of the number of hours specified in the job sengers for hire and holds a valid certifi- such as a prevailing wage standard, would be offer for a work day, when the worker has cation of authorization for such purposes sufficient to prevent wages in occupations in been offered an opportunity to do so, and all from an appropriate Federal, State, or local which H–2A workers are employed from fall- hours of work actually performed (including agency. ing below the wage level that would have voluntary work in excess of the number of ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- prevailed in the absence of H–2A employ- hours specified in the job offer in a work day, ING, AND INSURANCE REQUIREMENTS.— ment; on the worker’s Sabbath, or on Federal holi- ‘‘(i) IN GENERAL.—When using, or causing ‘‘(iv) whether any changes are warranted days) may be counted by the employer in to be used, any vehicle for the purpose of in the current methodologies for calculating calculating whether the period of guaranteed providing transportation to which this sub- the adverse effect wage rate and the pre- employment has been met. paragraph applies, each employer shall— vailing wage; and ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- ‘‘(I) ensure that each such vehicle con- ‘‘(v) recommendations for future wage pro- NATION FOR CAUSE.—If the worker voluntarily forms to the standards prescribed by the Sec- tection under this section. abandons employment before the end of the retary of Labor under section 401(b) of the contract period, or is terminated for cause, ‘‘(H) COMMISSION ON WAGE STANDARDS.— Migrant and Seasonal Agricultural Worker the worker is not entitled to the ‘three- ‘‘(i) ESTABLISHMENT.—There is established Protection Act (29 U.S.C. 1841(b)) and other the Commission on Agricultural Wage fourths guarantee’ described in subparagraph applicable Federal and State safety stand- (A). Standards under the H–2A program (in this ards; ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before subparagraph referred to as the ‘Commis- ‘‘(II) ensure that each driver has a valid the expiration of the period of employment sion’). and appropriate license, as provided by State specified in the job offer, the services of the ‘‘(ii) COMPOSITION.—The Commission shall law, to operate the vehicle; and worker are no longer required for reasons be- consist of 10 members as follows: ‘‘(III) have an insurance policy or a liabil- yond the control of the employer due to any ‘‘(I) 4 representatives of agricultural em- ity bond that is in effect which insures the form of natural disaster, including but not ployers and 1 representative of the Depart- employer against liability for damage to per- limited to a flood, hurricane, freeze, earth- ment of Agriculture, each appointed by the sons or property arising from the ownership, quake, fire, drought, plant or animal disease operation, or causing to be operated, of any Secretary of Agriculture. or pest infestation, or regulatory drought, ‘‘(II) 4 representatives of agricultural vehicle used to transport any H–2A worker. before the guarantee in subparagraph (A) is ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The workers and 1 representative of the Depart- fulfilled, the employer may terminate the ment of Labor, each appointed by the Sec- level of insurance required shall be deter- worker’s employment. In the event of such mined by the Secretary of Labor pursuant to retary of Labor. termination, the employer shall fulfill the ‘‘(iii) FUNCTIONS.—The Commission shall regulations to be issued under this sub- employment guarantee in subparagraph (A) section. conduct a study that shall address— for the work days that have elapsed from the ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION ‘‘(I) whether the employment of H–2A or first work day after the arrival of the worker unauthorized aliens in the United States ag- COVERAGE.—If the employer of any H–2A to the termination of employment. In such worker provides workers’ compensation cov- ricultural workforce has depressed United cases, the employer will make efforts to erage for such worker in the case of bodily States farm worker wages below the levels transfer the United States worker to other injury or death as provided by State law, the that would otherwise have prevailed if alien comparable employment acceptable to the following adjustments in the requirements of farm workers had not been employed in the worker. If such transfer is not effected, the subparagraph (B)(i)(III) relating to having an United States; employer shall provide the return transpor- insurance policy or liability bond apply: ‘‘(II) whether an adverse effect wage rate is tation required in paragraph (2)(D). ‘‘(I) No insurance policy or liability bond necessary to prevent wages of United States ‘‘(5) MOTOR VEHICLE SAFETY.— shall be required of the employer, if such farm workers in occupations in which H–2A ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO workers are transported only under cir- workers are employed from falling below the COVERAGE.— cumstances for which there is coverage wage levels that would have prevailed in the ‘‘(i) IN GENERAL.—Except as provided in absence of the employment of H–2A workers clauses (iii) and (iv), this subsection applies under such State law. in those occupations; to any H–2A employer that uses or causes to ‘‘(II) An insurance policy or liability bond ‘‘(III) whether alternative wage standards, be used any vehicle to transport an H–2A shall be required of the employer for cir- such as a prevailing wage standard, would be worker within the United States. cumstances under which coverage for the transportation of such workers is not pro- sufficient to prevent wages in occupations in ‘‘(ii) DEFINED TERM.—In this paragraph, the which H–2A workers are employed from fall- term ‘uses or causes to be used’— vided under such State law. ing below the wage level that would have ‘‘(I) applies only to transportation pro- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An prevailed in the absence of H–2A employ- vided by an H–2A employer to an H–2A work- employer shall assure that, except as other- ment; er, or by a farm labor contractor to an H–2A wise provided in this section, the employer ‘‘(IV) whether any changes are warranted worker at the request or direction of an H–2A will comply with all applicable Federal, in the current methodologies for calculating employer; and State, and local labor laws, including laws the adverse effect wage rate and the pre- ‘‘(II) does not apply to— affecting migrant and seasonal agricultural vailing wage rate; and ‘‘(aa) transportation provided, or transpor- workers, with respect to all United States ‘‘(V) recommendations for future wage pro- tation arrangements made, by an H–2A workers and alien workers employed by the tection under this section. worker, unless the employer specifically re- employer, except that a violation of this as- ‘‘(iv) FINAL REPORT.—Not later than June quested or arranged such transportation; or surance shall not constitute a violation of 1, 2007, the Commission shall submit a report ‘‘(bb) car pooling arrangements made by H– the Migrant and Seasonal Agricultural to the Congress setting forth the findings of 2A workers themselves, using 1 of the work- Worker Protection Act (29 U.S.C. 1801 et the study conducted under clause (iii). ers’ own vehicles, unless specifically re- seq.). ‘‘(v) TERMINATION DATE.—The Commission quested by the employer directly or through ‘‘(d) COPY OF JOB OFFER.—The employer shall terminate upon submitting its final re- a farm labor contractor. shall provide to the worker, not later than port. ‘‘(iii) CLARIFICATION.—Providing a job offer the day the work commences, a copy of the ‘‘(4) GUARANTEE OF EMPLOYMENT.— to an H–2A worker that causes the worker to employer’s application and job offer de- ‘‘(A) OFFER TO WORKER.—The employer travel to or from the place of employment, scribed in section 218(a), or, if the employer shall guarantee to offer the worker employ- or the payment or reimbursement of the will require the worker to enter into a sepa- ment for the hourly equivalent of at least transportation costs of an H–2A worker by rate employment contract covering the em- three-fourths of the work days of the total an H–2A employer, shall not constitute an ployment in question, such separate employ- period of employment, beginning with the arrangement of, or participation in, such ment contract. first work day after the arrival of the worker transportation. ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— Nothing in this section, section 218, or sec- at the place of employment and ending on ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218B shall preclude the Secretary of the expiration date specified in the job offer. MENT EXCLUDED.—This subsection does not For purposes of this subparagraph, the hour- apply to the transportation of an H–2A work- Labor and the Secretary from continuing to ly equivalent means the number of hours in er on a tractor, combine, harvester, picker, apply special procedures and requirements to the work days as stated in the job offer and or other similar machinery or equipment the admission and employment of aliens in shall exclude the worker’s Sabbath and Fed- while such worker is actually engaged in the occupations involving the range production eral holidays. If the employer affords the planting, cultivating, or harvesting of agri- of livestock. United States or H–2A worker less employ- cultural commodities or the care of live- ‘‘PROCEDURE FOR ADMISSION AND EXTENSION OF ment than that required under this para- stock or poultry or engaged in transpor- STAY OF H–2A WORKERS graph, the employer shall pay such worker tation incidental thereto. ‘‘SEC. 218B. (a) PETITIONING FOR ADMIS- the amount which the worker would have ‘‘(v) COMMON CARRIERS EXCLUDED.—This SION.—An employer, or an association acting earned had the worker, in fact, worked for subsection does not apply to common carrier as an agent or joint employer for its mem- the guaranteed number of hours. motor vehicle transportation in which the bers, that seeks the admission into the

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United States of an H–2A worker may file a ‘‘(e) ABANDONMENT OF EMPLOYMENT.— tion pursuant to subsection (a), shall request petition with the Secretary. The petition ‘‘(1) IN GENERAL.—An alien admitted or an extension of the alien’s stay and a change shall be accompanied by an accepted and provided status under section in the alien’s employment. currently valid certification provided by the 101(a)(15)(H)(ii)(a) who abandons the employ- ‘‘(2) LIMITATION ON FILING A PETITION FOR Secretary of Labor under section 218(e)(2)(B) ment which was the basis for such admission EXTENSION OF STAY.—A petition may not be covering the petitioner. or status shall be considered to have failed filed for an extension of an alien’s stay— ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- to maintain nonimmigrant status as an H–2A ‘‘(A) for a period of more than 10 months; RETARY.—The Secretary shall establish a worker and shall depart the United States or or procedure for expedited adjudication of peti- be subject to removal under section ‘‘(B) to a date that is more than 3 years tions filed under subsection (a) and within 7 237(a)(1)(C)(i). after the date of the alien’s last admission to working days shall, by fax, cable, or other ‘‘(2) REPORT BY EMPLOYER.—The employer, the United States under this section. means assuring expedited delivery, transmit or association acting as agent for the em- ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- a copy of notice of action on the petition to ployer, shall notify the Secretary not later TITION FOR EXTENSION OF STAY.— the petitioner and, in the case of approved than 7 days after an H–2A worker pre- ‘‘(A) IN GENERAL.—An alien who is lawfully petitions, to the appropriate immigration of- maturely abandons employment. present in the United States may commence ficer at the port of entry or United States ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- the employment described in a petition consulate (as the case may be) where the pe- retary shall promptly remove from the under paragraph (1) on the date on which the titioner has indicated that the alien bene- United States any H–2A worker who violates petition is filed. ficiary (or beneficiaries) will apply for a visa any term or condition of the worker’s non- ‘‘(B) DEFINITION.—For purposes of subpara- or admission to the United States. immigrant status. ‘‘(c) CRITERIA FOR ADMISSIBILITY.— graph (A), the term ‘file’ means sending the ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ‘‘(1) IN GENERAL.—An H–2A worker shall be petition by certified mail via the United standing paragraph (1), an alien may volun- States Postal Service, return receipt re- considered admissible to the United States if tarily terminate his or her employment if the alien is otherwise admissible under this quested, or delivered by guaranteed commer- the alien promptly departs the United States cial delivery which will provide the employer section, section 218, and section 218A, and upon termination of such employment. the alien is not ineligible under paragraph with a documented acknowledgment of the ‘‘(f) REPLACEMENT OF ALIEN.— date of receipt of the petition. (2). ‘‘(1) IN GENERAL.—Upon presentation of the ‘‘(2) DISQUALIFICATION.—An alien shall be ‘‘(C) HANDLING OF PETITION.—The employer notice to the Secretary required by sub- shall provide a copy of the employer’s peti- considered inadmissible to the United States section (e)(2), the Secretary of State shall tion to the alien, who shall keep the petition and ineligible for nonimmigrant status under promptly issue a visa to, and the Secretary with the alien’s identification and employ- section 101(a)(15)(H)(ii)(a) if the alien has, at shall admit into the United States, an eligi- ment eligibility document as evidence that any time during the past 5 years— ble alien designated by the employer to re- the petition has been filed and that the alien ‘‘(A) violated a material provision of this place an H–2A worker— is authorized to work in the United States. section, including the requirement to ‘‘(A) who abandons or prematurely termi- ‘‘(D) APPROVAL OF PETITION.—Upon ap- promptly depart the United States when the nates employment; or proval of a petition for an extension of stay alien’s authorized period of admission under ‘‘(B) whose employment is terminated or change in the alien’s authorized employ- this section has expired; or after a United States worker is employed ment, the Secretary shall provide a new or ‘‘(B) otherwise violated a term or condition pursuant to section 218(b)(2)(H)(iii), if the updated employment eligibility document to of admission into the United States as a non- United States worker voluntarily departs be- the alien indicating the new validity date, immigrant, including overstaying the period fore the end of the period of intended em- after which the alien is not required to re- of authorized admission as such a non- ployment or if the employment termination tain a copy of the petition. immigrant. is for a lawful job-related reason. ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(2) CONSTRUCTION.—Nothing in this sub- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- FUL PRESENCE.— section is intended to limit any preference TION AND EMPLOYMENT ELIGIBILITY DOCU- ‘‘(A) IN GENERAL.—An alien who has not required to be accorded United States work- MENT.—An expired identification and em- previously been admitted into the United ers under any other provision of this Act. ployment eligibility document, together States pursuant to this section, and who is ‘‘(g) IDENTIFICATION DOCUMENT.— with a copy of a petition for extension of otherwise eligible for admission in accord- ‘‘(1) IN GENERAL.—Each alien authorized to ance with paragraphs (1) and (2), shall not be be admitted under section 101(a)(15)(H)(ii)(a) stay or change in the alien’s authorized em- deemed inadmissible by virtue of section shall be provided an identification and em- ployment that complies with the require- 212(a)(9)(B). If an alien described in the pre- ployment eligibility document to verify eli- ments of paragraph (1), shall constitute a ceding sentence is present in the United gibility for employment in the United States valid work authorization document for a pe- States, the alien may apply from abroad for and verify such person’s proper identity. riod of not more than 60 days beginning on the date on which such petition is filed, after H–2A status, but may not be granted that ‘‘(2) REQUIREMENTS.—No identification and status in the United States. employment eligibility document may be which time only a currently valid identifica- ‘‘(B) MAINTENANCE OF WAIVER.—An alien issued which does not meet the following re- tion and employment eligibility document provided an initial waiver of ineligibility quirements: shall be acceptable. pursuant to subparagraph (A) shall remain ‘‘(A) The document shall be capable of reli- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN eligible for such waiver unless the alien vio- ably determining whether— STATUS.— lates the terms of this section or again be- ‘‘(i) the individual with the identification ‘‘(A) MAXIMUM PERIOD.—The maximum comes ineligible under section 212(a)(9)(B) by and employment eligibility document whose continuous period of authorized status as an virtue of unlawful presence in the United eligibility is being verified is in fact eligible H–2A worker (including any extensions) is 3 States after the date of the initial waiver of for employment; years. ineligibility pursuant to subparagraph (A). ‘‘(ii) the individual whose eligibility is ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE ‘‘(d) PERIOD OF ADMISSION.— being verified is claiming the identity of an- UNITED STATES.— ‘‘(1) IN GENERAL.—The alien shall be admit- other person; and ‘‘(i) IN GENERAL.—Subject to clause (ii), in ted for the period of employment in the ap- ‘‘(iii) the individual whose eligibility is the case of an alien outside the United plication certified by the Secretary of Labor being verified is authorized to be admitted States whose period of authorized status as pursuant to section 218(e)(2)(B), not to ex- into, and employed in, the United States as an H–2A worker (including any extensions) ceed 10 months, supplemented by a period of an H–2A worker. has expired, the alien may not again apply not more than 1 week before the beginning of ‘‘(B) The document shall be in a form that for admission to the United States as an H– the period of employment for the purpose of is resistant to counterfeiting and to tam- 2A worker unless the alien has remained out- travel to the work site and a period of 14 pering. side the United States for a continuous pe- 1 days following the period of employment for ‘‘(C) The document shall— riod equal to at least ⁄5 the duration of the the purpose of departure or extension based ‘‘(i) be compatible with other databases of alien’s previous period of authorized status on a subsequent offer of employment, except the Secretary for the purpose of excluding as an H–2A worker (including any exten- that— aliens from benefits for which they are not sions). ‘‘(A) the alien is not authorized to be em- eligible and determining whether the alien is ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ployed during such 14-day period except in unlawfully present in the United States; and in the case of an alien if the alien’s period of the employment for which the alien was pre- ‘‘(ii) be compatible with law enforcement authorized status as an H–2A worker (includ- viously authorized; and databases to determine if the alien has been ing any extensions) was for a period of not ‘‘(B) the total period of employment, in- convicted of criminal offenses. more than 10 months and such alien has been cluding such 14-day period, may not exceed ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN outside the United States for at least 2 10 months. THE UNITED STATES.— months during the 12 months preceding the ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(1) EXTENSION OF STAY.—If an employer date the alien again is applying for admis- section shall limit the authority of the Sec- seeks approval to employ an H–2A alien who sion to the United States as an H–2A worker. retary to extend the stay of the alien under is lawfully present in the United States, the ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED any other provision of this Act. petition filed by the employer or an associa- AS SHEEPHERDERS.—Notwithstanding any

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3585 provision of the Agricultural Job Oppor- ‘‘(i) the Secretary of Labor shall notify the ‘‘(5) The guarantee of employment required tunity, Benefits, and Security Act of 2005, Secretary of such finding and may, in addi- under section 218A(b)(4). aliens admitted under section tion, impose such other administrative rem- ‘‘(6) The motor vehicle safety requirements 101(a)(15)(H)(ii)(a) for employment as sheep- edies (including civil money penalties in an under section 218A(b)(5). herders— amount not to exceed $5,000 per violation) as ‘‘(7) The prohibition of discrimination ‘‘(1) may be admitted for a period of 12 the Secretary of Labor determines to be ap- under subsection (d)(2). months; propriate; ‘‘(c) PRIVATE RIGHT OF ACTION.— ‘‘(2) may be extended for a continuous pe- ‘‘(ii) the Secretary of Labor may seek ap- ‘‘(1) MEDIATION.—Upon the filing of a com- riod of up to 3 years; and propriate legal or equitable relief to effec- plaint by an H–2A worker aggrieved by a vio- ‘‘(3) shall not be subject to the require- tuate the purposes of subsection (d)(1); and lation of rights enforceable under subsection ments of subsection (h)(5) relating to periods ‘‘(iii) the Secretary may disqualify the em- (b), and within 60 days of the filing of proof of absence from the United States. ployer from the employment of H–2A work- of service of the complaint, a party to the ‘‘WORKER PROTECTIONS AND LABOR STANDARDS ers for a period of 2 years. action may file a request with the Federal ENFORCEMENT ‘‘(E) DISPLACEMENT OF UNITED STATES Mediation and Conciliation Service to assist WORKERS.—If the Secretary of Labor finds, ‘‘SEC. 218C. (a) ENFORCEMENT AUTHORITY.— the parties in reaching a satisfactory resolu- after notice and opportunity for hearing, a ‘‘(1) INVESTIGATION OF COMPLAINTS.— tion of all issues involving all parties to the willful failure to meet a condition of section ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY dispute. Upon a filing of such request and 218(b) or a willful misrepresentation of a ma- COMPLAINTS.—The Secretary of Labor shall giving of notice to the parties, the parties terial fact in an application under section establish a process for the receipt, investiga- shall attempt mediation within the period 218(a), in the course of which failure or mis- tion, and disposition of complaints respect- specified in subparagraph (B). representation the employer displaced a ing a petitioner’s failure to meet a condition ‘‘(A) MEDIATION SERVICES.—The Federal United States worker employed by the em- specified in section 218(b), or an employer’s Mediation and Conciliation Service shall be ployer during the period of employment on misrepresentation of material facts in an ap- available to assist in resolving disputes aris- the employer’s application under section plication under section 218(a). Complaints ing under subsection (b) between H–2A work- 218(a) or during the period of 30 days pre- may be filed by any aggrieved person or or- ers and agricultural employers without ceding such period of employment— ganization (including bargaining representa- ‘‘(i) the Secretary of Labor shall notify the charge to the parties. tives). No investigation or hearing shall be Secretary of such finding and may, in addi- ‘‘(B) 90-DAY LIMIT.—The Federal Mediation conducted on a complaint concerning such a tion, impose such other administrative rem- and Conciliation Service may conduct medi- failure or misrepresentation unless the com- edies (including civil money penalties in an ation or other non-binding dispute resolution plaint was filed not later than 12 months amount not to exceed $15,000 per violation) activities for a period not to exceed 90 days after the date of the failure, or misrepresen- as the Secretary of Labor determines to be beginning on the date on which the Federal tation, respectively. The Secretary of Labor appropriate; and Mediation and Conciliation Service receives shall conduct an investigation under this ‘‘(ii) the Secretary may disqualify the em- the request for assistance unless the parties subparagraph if there is reasonable cause to ployer from the employment of H–2A work- agree to an extension of this period of time. believe that such a failure or misrepresenta- ers for a period of 3 years. ‘‘(C) AUTHORIZATION.— tion has occurred. ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(B) DETERMINATION ON COMPLAINT.—Under ALTIES.—The Secretary of Labor shall not there are authorized to be appropriated to such process, the Secretary of Labor shall impose total civil money penalties with re- the Federal Mediation and Conciliation provide, within 30 days after the date such a spect to an application under section 218(a) Service $500,000 for each fiscal year to carry complaint is filed, for a determination as to in excess of $90,000. out this section. whether or not a reasonable basis exists to ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED ‘‘(ii) MEDIATION.—Notwithstanding any make a finding described in subparagraph BENEFITS.—If the Secretary of Labor finds, other provision of law, the Director of the (C), (D), (E), or (H). If the Secretary of Labor after notice and opportunity for a hearing, Federal Mediation and Conciliation Service determines that such a reasonable basis ex- that the employer has failed to pay the is authorized to conduct the mediation or ists, the Secretary of Labor shall provide for wages, or provide the housing allowance, other dispute resolution activities from any notice of such determination to the inter- transportation, subsistence reimbursement, other appropriated funds available to the Di- ested parties and an opportunity for a hear- or guarantee of employment, required under rector and to reimburse such appropriated ing on the complaint, in accordance with section 218A(b), the Secretary of Labor shall funds when the funds are appropriated pursu- section 556 of title 5, United States Code, assess payment of back wages, or other re- ant to this authorization, such reimburse- within 60 days after the date of the deter- quired benefits, due any United States work- ment to be credited to appropriations cur- mination. If such a hearing is requested, the er or H–2A worker employed by the employer rently available at the time of receipt. Secretary of Labor shall make a finding con- in the specific employment in question. The ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- cerning the matter not later than 60 days back wages or other required benefits under TRICT COURT BY AGGRIEVED PERSON.—An H–2A after the date of the hearing. In the case of section 218A(b) shall be equal to the dif- worker aggrieved by a violation of rights en- similar complaints respecting the same ap- ference between the amount that should forceable under subsection (b) by an agricul- plicant, the Secretary of Labor may consoli- have been paid and the amount that actually tural employer or other person may file suit date the hearings under this subparagraph was paid to such worker. in any district court of the United States on such complaints. ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in having jurisdiction of the parties, without ‘‘(C) FAILURES TO MEET CONDITIONS.—If the this section shall be construed as limiting regard to the amount in controversy, with- Secretary of Labor finds, after notice and op- the authority of the Secretary of Labor to out regard to the citizenship of the parties, portunity for a hearing, a failure to meet a conduct any compliance investigation under and without regard to the exhaustion of any condition of paragraph (1)(A), (1)(B), (1)(D), any other labor law, including any law af- alternative administrative remedies under (1)(F), (2)(A), (2)(B), or (2)(G) of section fecting migrant and seasonal agricultural this Act, not later than 3 years after the date 218(b), a substantial failure to meet a condi- workers, or, in the absence of a complaint the violation occurs. tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), under this section, under section 218 or 218A. ‘‘(3) ELECTION.—An H–2A worker who has (2)(E), or (2)(H) of section 218(b), or a mate- ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE filed an administrative complaint with the rial misrepresentation of fact in an applica- RIGHT OF ACTION.—H–2A workers may en- Secretary of Labor may not maintain a civil tion under section 218(a)— force the following rights through the pri- action under paragraph (2) unless a com- ‘‘(i) the Secretary of Labor shall notify the vate right of action provided in subsection plaint based on the same violation filed with Secretary of such finding and may, in addi- (c), and no other right of action shall exist the Secretary of Labor under subsection tion, impose such other administrative rem- under Federal or State law to enforce such (a)(1) is withdrawn before the filing of such edies (including civil money penalties in an rights: action, in which case the rights and remedies amount not to exceed $1,000 per violation) as ‘‘(1) The providing of housing or a housing available under this subsection shall be ex- the Secretary of Labor determines to be ap- allowance as required under section clusive. propriate; and 218A(b)(1). ‘‘(4) PREEMPTION OF STATE CONTRACT ‘‘(ii) the Secretary may disqualify the em- ‘‘(2) The reimbursement of transportation RIGHTS.—Nothing in this Act shall be con- ployer from the employment of aliens de- as required under section 218A(b)(2). strued to diminish the rights and remedies of scribed in section 101(a)(15)(H)(ii)(a) for a pe- ‘‘(3) The payment of wages required under an H–2A worker under any other Federal or riod of 1 year. section 218A(b)(3) when due. State law or regulation or under any collec- ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- ‘‘(4) The benefits and material terms and tive bargaining agreement, except that no REPRESENTATIONS.—If the Secretary of Labor conditions of employment expressly provided court or administrative action shall be avail- finds, after notice and opportunity for hear- in the job offer described in section 218(a)(2), able under any State contract law to enforce ing, a willful failure to meet a condition of not including the assurance to comply with the rights created by this Act. section 218(b), a willful misrepresentation of other Federal, State, and local labor laws de- ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- a material fact in an application under sec- scribed in section 218A(c), compliance with ments by employees purporting to waive or tion 218(a), or a violation of subsection which shall be governed by the provisions of modify their rights under this Act shall be (d)(1)— such laws. void as contrary to public policy, except that

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 S3586 CONGRESSIONAL RECORD — SENATE April 13, 2005 a waiver or modification of the rights or ob- any other person, that the employee reason- terms and conditions of work for agricul- ligations in favor of the Secretary of Labor ably believes evidences a violation of section tural employees. Such term does not include shall be valid for purposes of the enforce- 218 or 218A or any rule or regulation per- an organization formed, created, adminis- ment of this Act. The preceding sentence taining to section 218 or 218A, or because the tered, supported, dominated, financed, or may not be construed to prohibit agreements employee cooperates or seeks to cooperate in controlled by an employer or employer asso- to settle private disputes or litigation. an investigation or other proceeding con- ciation or its agents or representatives. ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- cerning the employer’s compliance with the ‘‘(3) DISPLACE.—The term ‘displace’, in the TABLE RELIEF.— requirements of section 218 or 218A or any case of an application with respect to 1 or ‘‘(A) If the court finds that the respondent rule or regulation pertaining to either of more H–2A workers by an employer, means has intentionally violated any of the rights such sections. laying off a United States worker from a job enforceable under subsection (b), it shall ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- for which the H–2A worker or workers is or award actual damages, if any, or equitable ERS.—It is a violation of this subsection for are sought. relief. any person who has filed an application ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ‘‘(B) Any civil action brought under this under section 218(a), to intimidate, threaten, used with respect to an individual, means an section shall be subject to appeal as provided restrain, coerce, blacklist, discharge, or in individual who is not an unauthorized alien in chapter 83 of title 28, United States Code. any manner discriminate against an H–2A (as defined in section 274A(h)(3)). ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- employee because such worker has, with just ‘‘(5) EMPLOYER.—The term ‘employer’ CLUSIVE REMEDY.— cause, filed a complaint with the Secretary means any person or entity, including any ‘‘(A) Notwithstanding any other provision of Labor regarding a denial of the rights enu- farm labor contractor and any agricultural of this section, where a State’s workers’ merated and enforceable under subsection (b) association, that employs workers in agri- compensation law is applicable and coverage or instituted, or caused to be instituted, a cultural employment. is provided for an H–2A worker, the workers’ private right of action under subsection (c) ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- compensation benefits shall be the exclusive regarding the denial of the rights enumer- ployer’ means an employer who seeks to hire remedy for the loss of such worker under ated under subsection (b), or has testified or 1 or more nonimmigrant aliens described in this section in the case of bodily injury or is about to testify in any court proceeding section 101(a)(15)(H)(ii)(a). death in accordance with such State’s work- brought under subsection (c). ‘‘(7) H–2A WORKER.—The term ‘H–2A work- ers’ compensation law. ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- er’ means a nonimmigrant described in sec- ‘‘(B) The exclusive remedy prescribed in PRIATE EMPLOYMENT.—The Secretary of tion 101(a)(15)(H)(ii)(a). subparagraph (A) precludes the recovery Labor and the Secretary shall establish a ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- under paragraph (6) of actual damages for process under which an H–2A worker who portunity’ means a job opening for tem- loss from an injury or death but does not files a complaint regarding a violation of porary full-time employment at a place in preclude other equitable relief, except that subsection (d) and is otherwise eligible to re- the United States to which United States such relief shall not include back or front main and work in the United States may be workers can be referred. pay or in any manner, directly or indirectly, allowed to seek other appropriate employ- ‘‘(9) LAYS OFF.— expand or otherwise alter or affect— ment in the United States for a period not to ‘‘(A) IN GENERAL.—The term ‘lays off’, with ‘‘(i) a recovery under a State workers’ exceed the maximum period of stay author- respect to a worker— compensation law; or ized for such nonimmigrant classification. ‘‘(i) means to cause the worker’s loss of ‘‘(ii) rights conferred under a State work- ‘‘(f) ROLE OF ASSOCIATIONS.— employment, other than through a discharge ers’ compensation law. ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- for inadequate performance, violation of OLLING OF STATUTE OF LIMITATIONS ‘‘(8) T .— TION.—An employer on whose behalf an ap- workplace rules, cause, voluntary departure, If it is determined under a State workers’ plication is filed by an association acting as voluntary retirement, contract impossibility compensation law that the workers’ com- its agent is fully responsible for such appli- (as described in section 218A(b)(4)(D)), or pensation law is not applicable to a claim for cation, and for complying with the terms temporary layoffs due to weather, markets, bodily injury or death of an H–2A worker, and conditions of sections 218 and 218A, as or other temporary conditions; but the statute of limitations for bringing an ac- though the employer had filed the applica- ‘‘(ii) does not include any situation in tion for actual damages for such injury or tion itself. If such an employer is deter- which the worker is offered, as an alter- death under subsection (c) shall be tolled for native to such loss of employment, a similar mined, under this section, to have com- the period during which the claim for such employment opportunity with the same em- mitted a violation, the penalty for such vio- injury or death under such State workers’ ployer (or, in the case of a placement of a lation shall apply only to that member of compensation law was pending. The statute worker with another employer under section the association unless the Secretary of of limitations for an action for actual dam- 218(b)(2)(E), with either employer described Labor determines that the association or ages or other equitable relief arising out of in such section) at equivalent or higher com- other member participated in, had knowl- the same transaction or occurrence as the pensation and benefits than the position edge, or reason to know, of the violation, in injury or death of the H–2A worker shall be from which the employee was discharged, re- which case the penalty shall be invoked tolled for the period during which the claim gardless of whether or not the employee ac- against the association or other association for such injury or death was pending under cepts the offer. member as well. the State workers’ compensation law. ‘‘(B) STATUTORY CONSTRUCTION.—Nothing ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING ‘‘(9) PRECLUSIVE EFFECT.—Any settlement in this paragraph is intended to limit an em- AS AN EMPLOYER.—If an association filing an by an H–2A worker and H–2A employer ployee’s rights under a collective bargaining application as a sole or joint employer is de- reached through the mediation process re- agreement or other employment contract. termined to have committed a violation quired under subsection (c)(1) shall preclude ‘‘(10) REGULATORY DROUGHT.—The term under this section, the penalty for such vio- any right of action arising out of the same ‘regulatory drought’ means a decision subse- lation shall apply only to the association un- facts between the parties in any Federal or quent to the filing of the application under less the Secretary of Labor determines that State court or administrative proceeding, section 218 by an entity not under the con- an association member or members partici- unless specifically provided otherwise in the trol of the employer making such filing pated in or had knowledge, or reason to settlement agreement. which restricts the employer’s access to know of the violation, in which case the pen- ‘‘(10) SETTLEMENTS.—Any settlement by water for irrigation purposes and reduces or alty shall be invoked against the association the Secretary of Labor with an H–2A em- limits the employer’s ability to produce an member or members as well. ployer on behalf of an H–2A worker of a com- agricultural commodity, thereby reducing plaint filed with the Secretary of Labor ‘‘DEFINITIONS the need for labor. under this section or any finding by the Sec- ‘‘SEC. 218D. For purposes of sections 218 ‘‘(11) SEASONAL.—Labor is performed on a retary of Labor under subsection (a)(1)(B) through 218D: ‘seasonal’ basis if— shall preclude any right of action arising out ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘‘(A) ordinarily, it pertains to or is of the of the same facts between the parties under term ‘agricultural employment’ means any kind exclusively performed at certain sea- any Federal or State court or administrative service or activity that is considered to be sons or periods of the year; and proceeding, unless specifically provided oth- agricultural under section 3(f) of the Fair ‘‘(B) from its nature, it may not be contin- erwise in the settlement agreement. Labor Standards Act of 1938 (29 U.S.C. 203(f)) uous or carried on throughout the year. ‘‘(d) DISCRIMINATION PROHIBITED.— or agricultural labor under section 3121(g) of ‘‘(12) SECRETARY.—The term ‘Secretary’ ‘‘(1) IN GENERAL.—It is a violation of this the Internal Revenue Code of 1986 (26 U.S.C. means the Secretary of Homeland Security. subsection for any person who has filed an 3121(g)). For purposes of this paragraph, agri- ‘‘(13) TEMPORARY.—A worker is employed application under section 218(a), to intimi- cultural employment includes employment on a ‘temporary’ basis where the employ- date, threaten, restrain, coerce, blacklist, under section 101(a)(15)(H)(ii)(a). ment is intended not to exceed 10 months. discharge, or in any other manner discrimi- ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(14) UNITED STATES WORKER.—The term nate against an employee (which term, for union’ means any organization in which em- ‘United States worker’ means any worker, purposes of this subsection, includes a ployees participate and which exists for the whether a United States citizen or national, former employee and an applicant for em- purpose of dealing with employers con- a lawfully admitted permanent resident ployment) because the employee has dis- cerning grievances, labor disputes, wages, alien, or any other alien, who is authorized closed information to the employer, or to rates of pay, hours of employment, or other to work in the job opportunity within the

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3587 United States, except an alien admitted or (d) DEADLINE FOR ISSUANCE OF REGULA- standards, to prevent terrorists from otherwise provided status under section TIONS.—All regulations to implement the du- abusing the asylum laws of the United 101(a)(15)(H)(ii)(a).’’. ties of the Secretary, the Secretary of State, States, to unify terrorism-related (b) TABLE OF CONTENTS.—The table of con- and the Secretary of Labor created under grounds for inadmissibility and re- tents of the Immigration and Nationality sections 218, 218A, 218B, and 218C of the Im- Act (8 U.S.C. 1101 et seq.) is amended by migration and Nationality Act, as added by moval, to ensure expeditious construc- striking the item relating to section 218 and section 721 of this Act, shall take effect on tion of the San Diego border fence, and inserting the following: the effective date of section 721 and shall be for other purposes; which was ordered ‘‘Sec. 218. H–2A employer applications. issued not later than 1 year after the date of to lie on the table; as follows: ‘‘Sec. 218A. H–2A employment requirements. enactment of this Act. On page 204, between lines 4 and 5, insert ‘‘Sec. 218B. Procedure for admission and ex- SEC. 733. RELIGIOUS ORGANIZATIONS. the following: tension of stay of H–2A work- Section 274(a)(1) of the Immigration and CHAPTER 5 ers. Nationality Act (8 U.S.C. 1324(a)(1)) is DEPARTMENT OF COMMERCE ‘‘Sec. 218C. Worker protections and labor amended by adding at the end the following: standards enforcement. ‘‘(C) It is not a violation of clauses (ii), NATIONAL OCEANIC AND ATMOSPHERIC ‘‘Sec. 218D. Definitions.’’. (iii), or (iv) of subparagraph (A) for a reli- ADMINISTRATION Subtitle C—Miscellaneous Provisions gious denomination described in section OPERATIONS, RESEARCH, AND FACILITIES SEC. 731. DETERMINATION AND USE OF USER 101(a)(27)(C)(i) or an affiliated religious orga- For an additional amount for ‘‘Operations, FEES. nization described in section Research and Facilities’’, $3,000,000, to re- (a) SCHEDULE OF FEES.—The Secretary 101(a)(27)(C)(ii)(III), or their agents or offi- main available until expended, for the Na- shall establish and periodically adjust a cers, to encourage, invite, call, allow, or en- tional Marine Fisheries Service to establish schedule of fees for the employment of aliens able an alien who is present in the United under this title and the amendments made a cooperative research program to study the States in violation of law to carry on the vo- causes of lobster disease and the decline in by this title, and a collection process for cation described in section 101(a)(27)(C)(ii)(I), such fees from employers participating in the lobster fishery in New England waters: as a volunteer who is not compensated as an Provided, That the amount provided under the program provided under this Act. Such employee, notwithstanding the provision of fees shall be the only fees chargeable to em- this heading is designated as an emergency room, board, travel, and other basic living requirement pursuant to section 402 of the ployers for services provided under this Act. expenses.’’. (b) DETERMINATION OF SCHEDULE.— conference report to accompany S. Con. Res. SEC. 734. EFFECTIVE DATE. (1) IN GENERAL.—The schedule under sub- 95 (108th Congress). section (a) shall reflect a fee rate based on (a) IN GENERAL.—Except as otherwise pro- the number of job opportunities indicated in vided, sections 721 and 731 shall take effect 1 SA 378. Mr. SCHUMER submitted an the employer’s application under section 218 year after the date of enactment of this Act. amendment intended to be proposed by (b) REPORT.—Not later than 180 days after of the Immigration and Nationality Act, as the him to the bill H.R. 1268, Making the date of enactment of this Act, the Sec- added by section 721 of this Act, and suffi- retary shall prepare and submit to the appro- emergency supplemental appropria- cient to provide for the direct costs of pro- priate committees of Congress a report that tions for the fiscal year ending Sep- viding services related to an employer’s au- describes the measures being taken and the tember 30, 2005, to establish and rapidly thorization to employ eligible aliens pursu- progress made in implementing this title. implement regulations for State driv- ant to this Act, to include the certification er’s license and identification docu- of eligible employers, the issuance of docu- SA 376. Mr. WYDEN (for himself, Mr. mentation, and the admission of eligible ment security standards, to prevent aliens. SMITH, and Mrs. MURRAY) submitted an terrorists from abusing the asylum (2) PROCEDURE.— amendment intended to be proposed by laws of the United States, to unify ter- (A) IN GENERAL.—In establishing and ad- him to the bill H.R. 1268, Making emer- rorism-related grounds for inadmis- justing such a schedule, the Secretary shall gency supplemental appropriations for sibility and removal, to ensure expedi- comply with Federal cost accounting and fee the fiscal year ending September 30, tious construction of the San Diego setting standards. 2005, to establish and rapidly imple- border fence, and for other purposes; (B) PUBLICATION AND COMMENT.—The Sec- ment regulations for State driver’s li- which was ordered to lie on the table; retary shall publish in the Federal Register cense and identification document se- an initial fee schedule and associated collec- as follows: tion process and the cost data or estimates curity standards, to prevent terrorists On page 231, between lines 3 and 4, insert upon which such fee schedule is based, and from abusing the asylum laws of the the following: any subsequent amendments thereto, pursu- United States, to unify terrorism-re- TITLE VII—MONTSERRAT IMMIGRATION ant to which public comment shall be sought lated grounds for inadmissibility and FAIRNESS ACT and a final rule issued. removal, to ensure expeditious con- SEC. 701. SHORT TITLE. (c) USE OF PROCEEDS.—Notwithstanding struction of the San Diego border This title may be cited as the ‘‘Montserrat any other provision of law, all proceeds re- fence, and for other purposes; which sulting from the payment of the alien em- Immigration Fairness Act’’. ployment user fees shall be available with- was ordered to lie on the table; as fol- SEC. 702. ADJUSTMENT OF STATUS FOR CERTAIN out further appropriation and shall remain lows: NATIONALS OF MONTSERRAT. available without fiscal year limitation to At the appropriate place, insert the fol- (a) IN GENERAL.—The status of any alien reimburse the Secretary, the Secretary of lowing: described in subsection (c) shall be adjusted State, and the Secretary of Labor for the DEPARTMENT OF DEFENSE—CIVIL by the Secretary of Homeland Security to costs of carrying out sections 218 and 218B of that of an alien lawfully admitted for perma- DEPARTMENT OF THE ARMY the Immigration and Nationality Act, as nent residence, if the alien— added by section 721 of this Act, and the pro- OPERATIONS AND MAINTENANCE, GENERAL (1) applies for such adjustment within 1 visions of this Act. For an additional amount for the Sec- year after the date of enactment of this Act; SEC. 732. REGULATIONS. retary of the Army, acting through the Chief and (a) REGULATIONS OF THE SECRETARY.—The of Engineers, for emergency repair of the (2) is determined to be admissible to the Secretary shall consult with the Secretary of Fern Ridge Dam, Oregon, $24,000,000, to re- United States for permanent residence. Labor and the Secretary of Agriculture on main available until expended: Provided, (b) CERTAIN GROUNDS FOR EXCLUSION INAP- all regulations to implement the duties of That the amounts provided under this head- PLICABLE.—For purposes of determining ad- the Secretary under this title and the ing are designated as an emergency require- missibility under subsection (a)(2), the amendments made by this title. ment pursuant to section 402 of the con- grounds for inadmissibility specified in para- (b) REGULATIONS OF THE SECRETARY OF ference report to accompany S. Con. Res. 95 graphs (4), (5), (6)(A), and 7(A) of section STATE.—The Secretary of State shall consult (108th Congress). 212(a) of the Immigration and Nationality with the Secretary, the Secretary of Labor, Act (8 U.S.C. 1182(a)) shall not apply. and the Secretary of Agriculture on all regu- SA 377. Mr. REED (for himself, Ms. (c) ALIENS ELIGIBLE FOR ADJUSTMENT OF lations to implement the duties of the Sec- SNOWE, Mr. KENNEDY, Mr. CHAFEE, and STATUS.—An alien shall be eligible for ad- retary of State under this title and the Mr. KERRY) submitted an amendment justment of status under subsection (a) only amendments made by this title. intended to be proposed by him to the if the alien— (c) REGULATIONS OF THE SECRETARY OF bill H.R. 1268, Making emergency sup- (1) is a national of Montserrat; and LABOR.—The Secretary of Labor shall con- plemental appropriations for the fiscal (2) was granted temporary protected status sult with the Secretary of Agriculture and in the United States by the Secretary of the Secretary on all regulations to imple- year ending September 30, 2005, to es- Homeland Security pursuant to the designa- ment the duties of the Secretary of Labor tablish and rapidly implement regula- tion of Montserrat under section 244(b)(1) of under this title and the amendments made tions for State driver’s license and the Immigration and Nationality Act (8 by this title. identification document security U.S.C. 1254a(b)(1)) on August 28, 1997.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.077 S13PT1 S3588 CONGRESSIONAL RECORD — SENATE April 13, 2005 SEC. 703. EFFECT OF APPLICATION ON CERTAIN from abusing the asylum laws of the abusing the asylum laws of the United ORDERS. United States to unify terrorism-re- States, to unify terrorism-related An alien present in the United States who grounds for inadmissibility and re- has been ordered excluded, deported, or re- lated grounds for inadmissibility and moved, or ordered to depart voluntarily, removal, to ensure expeditious con- moval, to ensure expeditious construc- from the United States through an order of struction of the San Diego border tion of the San Diego border fence, and removal issued under the Immigration and fence, and for other purposes; which for other purposes; which was ordered Nationality Act (8 U.S.C. 1101 et seq.) may, was ordered to lie on the table; as fol- to lie on the table; as follows: notwithstanding such order of removal, lows: On page 231, between lines 3 and 4, insert apply for adjustment of status under section On page 231, between lines 3 and 4, insert the following: 702. Such an alien shall not be required to the following new section: TITLE VII—TEMPORARY AGRICULTURAL file a separate motion to reopen, reconsider, VISAS FOR NURSES WORKERS or vacate the order of removal. If the Sec- SEC. 701. SHORT TITLE. retary of Homeland Security approves the SEC. 6047. Section 106(d) of the American Competitiveness in the Twenty-first Century This title may be cited as the ‘‘Temporary application, the Secretary shall cancel the Agricultural Work Reform Act of 2005’’. order of removal. If the Secretary renders a Act of 2000 (Public Law 106–313; 8 U.S.C. 1153 Subtitle A—Temporary H–2A Workers final administrative decision to deny the ap- note) is amended— plication, the order of removal shall be effec- (1) in paragraph (1), by inserting before the SEC. 711. ADMISSION OF TEMPORARY H–2A WORKERS. tive and enforceable to the same extent as if period at the end of the second sentence Section 218 of the Immigration and Nation- the application had not been made. ‘‘and any such visa that is made available due to the difference between the number of ality Act (8 U.S.C. 1188) is amended to read SEC. 704. WORK AUTHORIZATION. as follows: The Secretary of Homeland Security shall employment-based visas that were made ‘‘ADMISSION OF TEMPORARY H–2A WORKERS authorize an alien who has applied for ad- available in fiscal year 2001, 2002, 2003, or 2004 justment of status under section 702 to en- and the number of such visas that were actu- ‘‘SEC. 218. (a) APPLICATION.—An alien may gage in employment in the United States ally used in such fiscal year shall be avail- not be admitted as an H–2A worker unless the employer has filed with the Secretary of during the pendency of such application and able only to employment-based immigrants, Homeland Security a petition attesting to shall provide the alien with an appropriate and the dependents of such immigrants, the following: document signifying authorization of em- whose schedule A petition, as defined in sec- ‘‘(1) TEMPORARY OR SEASONAL WORK OR ployment. tion 656.5 of title 20, Code of Federal Regula- tions, was approved by the Secretary of SERVICES.— SEC. 705. ADJUSTMENT OF STATUS FOR CERTAIN ‘‘(A) IN GENERAL.—The agricultural em- FAMILY MEMBERS. Labor’’; and (2) in paragraph (2)(A), by striking ‘‘and ployment for which the H–2A worker or (a) IN GENERAL.—The status of an alien 2000’’ and inserting ‘‘through 2004’’. workers is or are sought is temporary or sea- shall be adjusted by the Secretary of Home- sonal, the number of workers sought, and the land Security to that of an alien lawfully ad- Mr. KOHL (for himself, Mr. wage rate and conditions under which they mitted for permanent residence if the alien— SA 380. DEWINE, Mr. DURBIN, Mr. LEAHY, Ms. will be employed. (1) is the spouse, parent, or unmarried son ‘‘(B) TEMPORARY OR SEASONAL WORK.—For MIKULSKI, Mr. INOUYE, Ms. LANDRIEU, or daughter of an alien whose status is ad- purposes of subparagraph (A), a worker is justed under section 702; Mrs. MURRAY, Mr. DORGAN, Mr. COLE- employed on a ‘temporary’ or ‘seasonal’ (2) applies for adjustment under this sec- MAN, Mr. OBAMA, and Mr. CORZINE) sub- basis if the employment is intended not to tion within 2 years after the date of enact- mitted an amendment intended to be exceed 10 months. ment of this Act; and proposed by him to the bill H.R. 1268, ‘‘(2) BENEFITS, WAGE, AND WORKING CONDI- (3) is determined to be admissible to the Making emergency supplemental ap- TIONS.—The employer will provide, at a min- United States for permanent residence. propriations for the fiscal year ending imum, the benefits, wages, and working con- (b) CERTAIN GROUNDS FOR EXCLUSION INAP- ditions required by subsection (m) to all PLICABLE.—For purposes of determining ad- September 30, 2005, to establish and rapidly implement regulations for workers employed in the jobs for which the missibility under subsection (a)(3), the H–2A worker or workers is or are sought and grounds for inadmissibility specified in para- State driver’s license and identifica- to all other temporary workers in the same graphs (4), (5), (6)(A), and 7(A) of section tion document security standards, to occupation at the place of employment. 212(a) of the Immigration and Nationality prevent terrorists from abusing the ‘‘(3) NONDISPLACEMENT OF UNITED STATES Act (8 U.S.C. 1182(a)) shall not apply. asylum laws of the United States, to WORKERS.—The employer did not displace SEC. 706. AVAILABILITY OF REVIEW. unify terrorism-related grounds for in- and will not displace a United States worker (a) ADMINISTRATIVE REVIEW.—The Sec- admissibility and removal, to ensure employed by the employer during the period retary of Homeland Security shall provide to expeditious construction of the San of employment and during a period of 30 days aliens applying for adjustment of status Diego border fence, and for other pur- preceding the period of employment in the under section 702 or 705 the same right to, occupation at the place of employment for and procedures for, administrative review as poses; which was ordered to lie on the which the employer seeks approval to em- are provided to— table; as follows: ploy H–2A workers. (1) applicants for adjustment of status On page 171, line 2 strike ‘‘$150,000,000’’ and ‘‘(4) RECRUITMENT.— under section 245 of the Immigration and Na- all through line 6 and insert in lieu thereof ‘‘(A) IN GENERAL.—The employer shall at- tionality Act (8 U.S.C. 1255); or the following: test that the employer— (2) aliens subject to removal proceedings ‘‘$470,000,000 to remain available until ex- ‘‘(i) conducted adequate recruitment in the under section 240 of such Act (8 U.S.C. 1229a). pended: Provided, That from this amount, to metropolitan statistical area of intended em- (b) LIMITATION ON JUDICIAL REVIEW.—A de- the maximum extent possible, funding shall ployment before filing the attestation; and termination by the Secretary of Homeland be restored to the previously approved fiscal ‘‘(ii) was unsuccessful in locating qualified Security as to whether the status of any year 2005 programs under section 204(a)(2) of United States workers for the job oppor- alien should be adjusted under this title is the Agricultural Trade Development and As- tunity for which the certification is sought. final and shall not be subject to review by sistance Act of 1954: Provided further, That of ‘‘(B) RECRUITMENT.—The adequate recruit- any court. the funds provided under this heading, ment requirement under subparagraph (A) is SEC. 707. NO OFFSET IN NUMBER OF VISAS $12,000,000 shall be available to carry out pro- satisfied if the employer— AVAILABLE. grams under the Food for Progress Act of ‘‘(i) places a job order with America’s Job The granting of adjustment of status under 1985: Provided further, That the amount pro- Bank Program of the Department of Labor; section 702 shall not reduce the number of vided under this heading is designated as an and immigrant visas authorized to be issued emergency requirement pursuant to section ‘‘(ii) places a Sunday advertisement in a under any provision of the Immigration and 402 of the conference report to accompany S. newspaper of general circulation or an adver- Nationality Act (8 U.S.C. 1101 et seq.). Con. Res. 95 (108th Congress).’’. tisement in an appropriate trade journal or ethnic publication that is likely to be pa- SA 379. Mrs. HUTCHISON (for herself SA 381. Mr. CHAMBLISS (for himself tronized by a potential worker in the area of and Mr. SCHUMER) submitted an and Mr. KYL) submitted an amendment intended employment. amendment intended to be proposed by intended to be proposed by him to the ‘‘(C) ADVERTISEMENT CRITERIA.—The adver- her to the bill H.R. 1268, Making emer- bill H.R. 1268, Making emergency sup- tisement requirement under subparagraph gency supplemental appropriations for plemental appropriations for the fiscal (B)(ii) is satisfied if the advertisement— the fiscal year ending September 30, year ending September 30, 2005, to es- ‘‘(i) names the employer; ‘‘(ii) directs applicants to report or send re- 2005, to establish and rapidly imple- tablish and rapidly implement regula- sumes, as appropriate for the occupation, to ment regulations for State driver’s li- tions for State driver’s license and the employer; cense and identification document se- identification document security ‘‘(iii) provides a description of the vacancy curity standards, to prevent terrorists standards, to prevent terrorists from that is specific enough to apprise United

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States workers of the job opportunity for sole employer of temporary agricultural ‘‘(i) EMPLOYER.—The fee for each employer which certification is sought; workers, such workers may be transferred that receives a temporary alien agricultural ‘‘(iv) describes the geographic area with among its producer members to perform ag- labor certification shall be equal to $100 plus enough specificity to apprise applicants of ricultural services of a temporary or sea- $10 for each job opportunity for H–2A work- any travel requirements and where appli- sonal nature for which the petition was ap- ers certified, provided that the fee to an em- cants will likely have to reside to perform proved. ployer for each temporary alien agricultural the job; ‘‘(3) STATEMENT OF LIABILITY.—The applica- labor certification received shall not exceed ‘‘(v) states the rate of pay, which must tion form shall include a clear statement ex- $1,000. equal or exceed the wage paid for the occupa- plaining the liability under this section of an ‘‘(ii) JOINT EMPLOYER ASSOCIATION.—In the tion in the area of intended employment; and employer who places an H–2A worker with case of a joint employer association that re- ‘‘(vi) offers wages, terms, and conditions of another H–2A employer if the other employer ceives a temporary alien agricultural labor employment, which are at least as favorable displaces a United States worker in violation certification, each employer-member receiv- as those offered to the alien. of the condition described in subsection ing such certification shall pay a fee equal to ‘‘(5) OFFERS TO UNITED STATES WORKERS.— (a)(7). $100 plus $10 for each job opportunity for H– The employer has offered or will offer the job ‘‘(4) TREATMENT OF VIOLATIONS.— 2A workers certified, provided that the fee to for which the nonimmigrant is, or the non- ‘‘(A) MEMBER’S VIOLATION DOES NOT NEC- an employer for each temporary alien agri- immigrants are, sought to any eligible ESSARILY DISQUALIFY ASSOCIATION OR OTHER cultural labor certification received shall United States worker who applies and is MEMBERS.—If an individual producer member not exceed $1,000. The joint employer asso- equally or better qualified for the job and of a joint employer association is determined ciation shall not be charged a separate fee. who will be available at the time and place to have committed an act that is in violation ‘‘(C) PAYMENTS.—The fees collected under of need. of the conditions for approval with respect to this paragraph shall be paid by check or ‘‘(6) PROVISION OF INSURANCE.—If the job the member’s petition, the denial shall apply money order made payable to the ‘Depart- for which the nonimmigrant is, or the non- only to that member of the association un- ment of Homeland Security’. In the case of immigrants are, sought is not covered by less the Secretary of Labor determines that employers of H–2A workers that are mem- State workers’ compensation law, the em- the association or other member partici- bers of a joint employer association applying ployer will provide, at no cost to the worker, pated in, had knowledge of, or had reason to on their behalf, the aggregate fees for all em- insurance covering injury and disease arising know of the violation. ployers of H–2A workers under the petition out of, and in the course of, the worker’s em- ‘‘(B) ASSOCIATION’S VIOLATION DOES NOT may be paid by 1 check or money order. ployment which will provide benefits at least NECESSARILY DISQUALIFY MEMBERS.— ‘‘(D) INFLATION ADJUSTMENT.—In the case equal to those provided under the State ‘‘(i) JOINT EMPLOYER.—If an association of any calendar year beginning after 2005, workers’ compensation law for comparable representing agricultural producers as a each dollar amount in subparagraph (B) may employment. joint employer is determined to have com- be increased by an amount equal to— ‘‘(7) STRIKE OR LOCKOUT.—There is not a mitted an act that is in violation of the con- ‘‘(i) such dollar amount; multiplied by strike or lockout in the course of a labor dis- ditions for approval with respect to the asso- ‘‘(ii) the percentage (if any) by which the pute which, under regulations promulgated ciation’s petition, the denial shall apply only average of the Consumer Price Index for all by the Secretary of Labor, precludes the pro- to the association and does not apply to any urban consumers (United States city aver- vision of the certification described in sec- individual producer member of the associa- age) for the 12-month period ending with Au- tion 101(a)(15)(H)(ii)(a). tion, unless the Secretary of Labor deter- gust of the preceding calendar year exceeds ‘‘(8) PREVIOUS VIOLATIONS.—The employer mines that the member participated in, had such average for the 12-month period ending has not, during the previous 5-year period, knowledge of, or had reason to know of the with August 2004. employed H–2A workers and knowingly vio- violation. ‘‘(h) FAILURE TO MEET CONDITIONS.—If the lated a material term or condition of ap- ‘‘(ii) SOLE EMPLOYER.—If an association of Secretary of Labor finds, after notice and op- proval with respect to the employment of do- agricultural producers approved as a sole portunity for a hearing, a failure to meet a mestic or nonimmigrant workers, as deter- employer is determined to have committed condition of subsection (a), or a material mined by the Secretary of Labor after notice an act that is in violation of the conditions misrepresentation of fact in a petition under and opportunity for a hearing. for approval with respect to the association’s subsection (a)— ‘‘(b) PUBLICATION.—The employer shall petition, no individual producer member of ‘‘(1) the Secretary of Labor shall notify the make available for public examination, with- such association may be the beneficiary of Secretary of Homeland Security of such find- in 1 working day after the date on which a the services of temporary alien agricultural ing and may, in addition, impose such other petition under this section is filed, at the workers admitted under this section in the administrative remedies (including civil employer’s principal place of business or commodity and occupation in which such money penalties in an amount not to exceed worksite, a copy of each such petition (and aliens were employed by the association $1,000 per violation) as the Secretary of such accompanying documents as are nec- which was denied approval during the period Labor determines to be appropriate; and essary). such denial is in force, unless such producer ‘‘(2) the Secretary of Homeland Security ‘‘(c) LIST.—The Secretary of Labor shall member employs such aliens in the com- may disqualify the employer from the em- compile, on a current basis, a list (by em- modity and occupation in question directly ployment of H–2A workers for a period of 1 ployer) of the petitions filed under sub- or through an association which is a joint year. section (a). Such list shall include the wage employer of such workers with the producer rate, number of aliens sought, period of in- ‘‘(i) WILLFUL FAILURES AND WILLFUL MIS- member. tended employment, and date of need. The REPRESENTATIONS.—If the Secretary of Labor Secretary of Labor shall make such list ‘‘(f) EXPEDITED ADMINISTRATIVE APPEALS finds, after notice and opportunity for a available for public examination in Wash- OF CERTAIN DETERMINATIONS.—Regulations hearing, a willful failure to meet a material ington, District of Columbia. shall provide for an expedited procedure for condition of subsection (a) or a willful mis- ‘‘(d) SPECIAL RULES FOR CONSIDERATION OF the review of a denial of approval under this representation of a material fact in a peti- PETITIONS.—The following rules shall apply section, or at the applicant’s request, for a tion under subsection (a)— in the case of the filing and consideration of de novo administrative hearing respecting ‘‘(1) the Secretary of Labor shall notify the a petition under subsection (a): the denial. Secretary of Homeland Security of such find- ‘‘(1) DEADLINE FOR FILING APPLICATIONS.— ‘‘(g) MISCELLANEOUS PROVISIONS.— ing and may, in addition, impose such other The Secretary of Homeland Security may ‘‘(1) ENDORSEMENT OF DOCUMENTS.—The administrative remedies (including civil not require that the petition be filed more Secretary of Homeland Security shall pro- money penalties in an amount not to exceed than 45 days before the first date the em- vide for the endorsement of entry and exit $5,000 per violation) as the Secretary of ployer requires the labor or services of the documents of nonimmigrants described in Labor determines to be appropriate; H–2A worker or workers. section 101(a)(15)(H)(ii)(a) as may be nec- ‘‘(2) the Secretary of Homeland Security ‘‘(2) ISSUANCE OF APPROVAL.—Unless the essary to carry out this section and to pro- may disqualify the employer from the em- Secretary of Homeland Security finds that vide notice for purposes of section 274A. ployment of H–2A workers for a period of 2 the petition is incomplete or obviously inac- ‘‘(2) PREEMPTION OF STATE LAWS.—The pro- years; curate, the Secretary of Homeland Security visions of subsections (a) and (c) of section ‘‘(3) for a second violation, the Secretary of shall provide a decision within 7 days of the 214 and the provisions of this section pre- Homeland Security may disqualify the em- date of the filing of the petition. empt any State or local law regulating ad- ployer from the employment of H-2A workers ‘‘(e) ROLES OF AGRICULTURAL ASSOCIA- missibility of nonimmigrant workers. for a period of 5 years; and TIONS.— ‘‘(3) FEES.— ‘‘(4) for a third violation, the Secretary of ‘‘(1) PERMITTING FILING BY AGRICULTURAL ‘‘(A) IN GENERAL.—The Secretary of Home- Homeland Security may permanently dis- ASSOCIATIONS.—A petition to hire an alien as land Security may require, as a condition of qualify the employer from the employment a temporary agricultural worker may be approving the petition, the payment of a fee of H-2A workers. filed by an association of agricultural pro- in accordance with subparagraph (B) to re- ‘‘(j) DISPLACEMENT OF UNITED STATES ducers which use agricultural services. cover the reasonable costs of processing peti- WORKERS.—If the Secretary of Labor finds, ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS tions. after notice and opportunity for a hearing, a EMPLOYERS.—If an association is a joint or ‘‘(B) AMOUNTS.— willful failure to meet a material condition

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 S3590 CONGRESSIONAL RECORD — SENATE April 13, 2005 of subsection (a) or a willful misrepresenta- ‘‘(A) An employer applying for workers section 203 of the Migrant and Seasonal Agri- tion of a material fact in a petition under under subsection (a) shall offer to pay, and cultural Worker Protection Act (29 U.S.C. subsection (a), in the course of which failure shall pay, all workers in the occupation for 1823) solely by virtue of providing such hous- or misrepresentation the employer displaced which the employer has applied for workers, ing allowance. a United States worker employed by the em- not less than the prevailing wage. ‘‘(iv) REPORTING REQUIREMENT.—The em- ployer during the period of employment on ‘‘(B) In complying with subparagraph (A), ployer must provide the Secretary of Labor the employer’s petition under subsection (a) an employer may request and obtain a pre- with a list of the names of all workers as- or during the period of 30 days preceding vailing wage determination from the State sisted under this subparagraph and the local such period of employment— employment security agency. address of each such worker. ‘‘(1) the Secretary of Labor shall notify the ‘‘(C) In lieu of the procedure described in ‘‘(v) CERTIFICATION.—The requirement of Secretary of Homeland Security of such find- subparagraph (B), an employer may rely on this clause is satisfied if the Governor of the ing and may, in addition, impose such other other wage information, including a survey State certifies to the Secretary of Labor administrative remedies (including civil of the prevailing wages of workers in the oc- that there is adequate housing available in money penalties in an amount not to exceed cupation in the area of intended employment the area of intended employment for mi- $15,000 per violation) as the Secretary of that has been conducted or funded by the grant farm workers, and H–2A workers, who Labor determines to be appropriate; employer or a group of employers, that are seeking temporary housing while em- ‘‘(2) the Secretary of Homeland Security meets criteria specified by the Secretary of ployed at farm work. Such certification shall may disqualify the employer from the em- Labor in regulations. expire after 3 years unless renewed by the ployment of H–2A workers for a period of 5 ‘‘(D) An employer who obtains such pre- Governor of the State. years; and vailing wage determination, or who relies on ‘‘(vi) AMOUNT OF ALLOWANCE.— ‘‘(3) for a second violation, the Secretary of a qualifying survey of prevailing wages, and ‘‘(I) NONMETROPOLITAN COUNTIES.—If the Homeland Security may permanently dis- who pays the wage determined to be pre- place of employment of the workers provided qualify the employer from the employment vailing, shall be considered to have complied an allowance under this subparagraph is a of H–2A workers. with the requirement of subparagraph (A). nonmetropolitan county, the amount of the ‘‘(E) No worker shall be paid less than the housing allowance under this subparagraph ‘‘(k) LIMITATIONS ON CIVIL MONEY PEN- greater of the prevailing wage or the applica- shall be equal to the statewide average fair ALTIES.—The Secretary of Labor shall not impose total civil money penalties with re- ble State minimum wage. market rental for existing housing for non- spect to a petition under subsection (a) in ex- ‘‘(3) REQUIREMENT TO PROVIDE HOUSING OR A metropolitan counties for the State, as es- HOUSING ALLOWANCE.— cess of $90,000. tablished by the Secretary of Housing and ‘‘(A) IN GENERAL.—An employer applying Urban Development pursuant to section 8(c) ‘‘(l) FAILURES TO PAY WAGES OR REQUIRED for workers under subsection (a) shall offer of the United States Housing Act of 1937 (42 BENEFITS.—If the Secretary of Labor finds, to provide housing at no cost to all workers U.S.C. 1437f(c)), based on a 2-bedroom dwell- after notice and opportunity for a hearing, in job opportunities for which the employer ing unit and an assumption of 2 persons per that the employer has failed to pay the has applied under that section and to all bedroom. wages, or provide the housing allowance, other workers in the same occupation at the ‘‘(II) METROPOLITAN COUNTIES.—If the place transportation, subsistence reimbursement, place of employment, whose place of resi- of employment of the workers provided an or guarantee of employment required under dence is beyond normal commuting distance. allowance under this paragraph is in a met- subsection (a)(2), the Secretary of Labor ‘‘(B) TYPE OF HOUSING.—In complying with ropolitan county, the amount of the housing shall assess payment of back wages, or other subparagraph (A), an employer may, at the allowance under this subparagraph shall be required benefits, due any United States employer’s election, provide housing that equal to the statewide average fair market worker or H–2A worker employed by the em- meets applicable Federal standards for tem- rental for existing housing for metropolitan ployer in the specific employment in ques- porary labor camps or secure housing that counties for the State, as established by the tion. The back wages or other required bene- meets applicable local standards for rental Secretary of Housing and Urban Develop- fits under subsection (a)(2) shall be equal to or public accommodation housing, or other ment pursuant to section 8(c) of the United the difference between the amount that substantially similar class of habitation, or States Housing Act of 1937 (42 U.S.C. should have been paid and the amount that in the absence of applicable local standards, 1437f(c)), based on a 2-bedroom dwelling unit actually was paid to such worker. State standards for rental or public accom- and an assumption of 2 persons per bedroom. ‘‘(m) MINIMUM BENEFITS, WAGES, AND modation housing or other substantially ‘‘(G) EXEMPTION.—An employer applying WORKING CONDITIONS.— similar class of habitation. In the absence of for workers under subsection (a) whose pri- ‘‘(1) PREFERENTIAL TREATMENT OF ALIENS applicable State or local standards, Federal mary job site is located 150 miles or less PROHIBITED.— temporary labor camp standards shall apply. from the United States border shall not be ‘‘(A) IN GENERAL.—Employers seeking to ‘‘(C) CERTIFICATE OF INSPECTION.—Prior to required to provide housing or a housing al- hire United States workers shall offer the any occupation by a worker in housing de- lowance. United States workers not less than the scribed in subparagraph (B), the employer ‘‘(4) REIMBURSEMENT OF TRANSPORTATION.— same benefits, wages, and working condi- shall submit a certificate of inspection by an ‘‘(A) TO PLACE OF EMPLOYMENT.— tions that the employer is offering, intends approved Federal or State agency to the Sec- ‘‘(i) IN GENERAL.—A worker who completes to offer, or will provide to H–2A workers. retary of Labor. 50 percent of the period of employment of the Conversely, no job offer may impose on ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- job opportunity for which the worker was United States workers any restrictions or DUCTION OF LIVESTOCK.—The Secretary of hired, measured from the worker’s first day obligations which will not be imposed on the Labor shall issue regulations that address of work in such employment, shall be reim- employer’s H–2A workers. the specific requirements for the provision of bursed by the employer for the cost of the ‘‘(B) INTERPRETATIONS AND DETERMINA- housing to workers engaged in the range pro- worker’s transportation and subsistence TIONS.—While benefits, wages, and other duction of livestock. from the place from which the worker was terms and conditions of employment speci- ‘‘(E) LIMITATION.—Nothing in this para- approved to enter the United States to work fied in this subsection are required to be pro- graph shall be construed to require an em- for the employer (or place of last employ- vided in connection with employment under ployer to provide or secure housing for per- ment, if the worker traveled from such this section, every interpretation and deter- sons who were not entitled to such housing place) to the place of employment by the em- mination made under this Act or under any under the temporary labor certification reg- ployer. other law, regulation, or interpretative pro- ulations in effect on June 1, 1986. ‘‘(ii) OTHER FEES.—The employer shall not vision regarding the nature, scope, and tim- ‘‘(F) HOUSING ALLOWANCE AS ALTER- be required to reimburse visa, passport, con- ing of the provision of these and any other NATIVE.— sular, or international border-crossing fees benefits, wages, and other terms and condi- ‘‘(i) IN GENERAL.—The employer may pro- or any other fees associated with the work- tions of employment shall be made in con- vide a reasonable housing allowance in lieu er’s lawful admission into the United States formance with the governing principles that of offering housing under subparagraph (A) if to perform employment that may be in- the services of workers to their employers the requirement under clause (v) is satisfied. curred by the worker. and the employment opportunities afforded ‘‘(ii) ASSISTANCE TO LOCATE HOUSING.—Upon ‘‘(iii) TIMELY REIMBURSEMENT.—Reimburse- to workers by their employers, including the request of a worker seeking assistance in ment to the worker of expenses for the cost those employment opportunities that require locating housing, the employer shall make a of the worker’s transportation and subsist- United States workers or H–2A workers to good-faith effort to assist the worker in lo- ence to the place of employment shall be travel or relocate in order to accept or per- cating housing in the area of intended em- considered timely if such reimbursement is form employment, mutually benefit such ployment. made not later than the worker’s first reg- workers, as well as their families, and em- ‘‘(iii) LIMITATION.—A housing allowance ular payday after the worker completes 50 ployers, principally benefitting neither, and may not be used for housing which is owned percent of the period of employment of the that employment opportunities within the or controlled by the employer. An employer job opportunity as provided under this para- United States further benefit the United who offers a housing allowance to a worker, graph. States economy as a whole and should be en- or assists a worker in locating housing which ‘‘(B) FROM PLACE OF EMPLOYMENT.—A couraged. the worker occupies, pursuant to this clause worker who completes the period of employ- ‘‘(2) REQUIRED WAGES.— shall not be deemed a housing provider under ment for the job opportunity involved shall

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3591 be reimbursed by the employer for the cost form of natural disaster (including a flood, remove from the United States any H–2A of the worker’s transportation and subsist- hurricane, freeze, earthquake, fire, or worker who violates any term or condition ence from the place from which the worker drought), plant or animal disease, pest infes- of the worker’s nonimmigrant status. was approved to enter the United States to tation, or regulatory action, before the em- ‘‘(4) VOLUNTARY TERMINATION.—Notwith- work for the employer. ployment guarantee in subparagraph (A) is standing paragraph (1), an alien may volun- ‘‘(C) LIMITATION.— fulfilled, the employer may terminate the tarily terminate his or her employment if ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except worker’s employment. In the event of such the alien promptly departs the United States as provided in clause (ii), the amount of re- termination, the employer shall fulfill the upon termination of such employment. imbursement provided under subparagraph employment guarantee in subparagraph (A) ‘‘(r) REPLACEMENT OF ALIEN.— (A) or (B) to a worker or alien shall not ex- for the work days that have elapsed from the ‘‘(1) IN GENERAL.—Upon presentation of the ceed the lesser of— first work day after the arrival of the worker notice to the Secretary of Homeland Secu- ‘‘(I) the actual cost to the worker or alien to the termination of employment. In such rity required by subsection (q)(2), the Sec- of the transportation and subsistence in- cases, the employer will make efforts to retary of State shall promptly issue a visa volved; or transfer the United States worker to other to, and the Secretary of Homeland Security ‘‘(II) the most economical and reasonable comparable employment acceptable to the shall admit into the United States, an eligi- common carrier transportation charges and worker. ble alien designated by the employer to re- subsistence costs for the distance involved. ‘‘(n) PETITIONING FOR ADMISSION.—An em- place an H–2A worker who abandons or pre- ‘‘(ii) DISTANCE TRAVELED.—No reimburse- ployer, or an association acting as an agent maturely terminates employment. ment under subparagraph (A) or (B) shall be or joint employer for its members, that ‘‘(2) CONSTRUCTION.—Nothing in this sub- required if the distance traveled is 100 miles seeks the admission into the United States section shall limit any preference required or less or if the worker is not residing in em- of an H–2A worker must file a petition with to be accorded United States workers under ployer-provided housing or housing secured the Secretary of Homeland Security. The pe- any other provision of this Act. through an allowance as provided in para- tition shall include the attestations for the ‘‘(s) IDENTIFICATION DOCUMENT.— graph (3). certification described in section ‘‘(1) IN GENERAL.—The Department of ‘‘(D) EARLY TERMINATION.—If the worker is 101(a)(15)(H)(ii)(a). Homeland Security shall provide each alien laid off or employment is terminated for ‘‘(o) EXPEDITED ADJUDICATION BY THE SEC- authorized to be admitted under section contract impossibility (as described in para- RETARY.—The Secretary of Homeland Secu- 101(a)(15)(H)(ii)(a) with a single machine- graph (5)(D)) before the anticipated ending rity— readable, tamper-resistant, and counterfeit- date of employment, the employer shall pro- ‘‘(1) shall establish a procedure for expe- resistant document that— vide the transportation and subsistence re- dited adjudication of petitions filed under ‘‘(A) authorizes the alien’s entry into the quired by subparagraph (B) and, notwith- subsection (n); and United States; and standing whether the worker has completed ‘‘(2) not later than 7 working days after ‘‘(B) serves, for the appropriate period, as 50 percent of the period of employment, shall such filing shall, by fax, cable, or other an employment eligibility document. provide the transportation reimbursement means assuring expedited delivery transmit ‘‘(2) REQUIREMENTS.—No identification and required by subparagraph (A). a copy of notice of action on the petition— employment eligibility document may be ‘‘(E) TRANSPORTATION BETWEEN LIVING ‘‘(A) to the petitioner; and issued which does not meet the following re- QUARTERS AND WORKSITE.—The employer ‘‘(B) in the case of approved petitions, to quirements: shall provide transportation between the the appropriate immigration officer at the ‘‘(A) The document shall be capable of reli- worker’s living quarters (such as housing port of entry or United States consulate ably determining whether— provided by the employer pursuant to para- where the petitioner has indicated that the ‘‘(i) the individual with the identification graph (3), including housing provided alien beneficiary or beneficiaries will apply and employment eligibility document whose through a housing allowance) and the em- for a visa or admission to the United States. eligibility is being verified is in fact eligible ployer’s worksite without cost to the work- ‘‘(p) DISQUALIFICATION.— for employment; er, and such transportation will be in accord- ‘‘(1) Subject to paragraph (2), an alien shall ‘‘(ii) the individual whose eligibility is ance with applicable laws and regulations. be considered inadmissible to the United being verified is claiming the identity of an- ‘‘(5) GUARANTEE OF EMPLOYMENT.— States and ineligible for nonimmigrant sta- other person; and ‘‘(A) OFFER TO WORKER.—The employer tus under section 101(a)(15)(H)(ii)(a) if the ‘‘(iii) the individual whose eligibility is shall guarantee to offer the worker employ- alien has, at any time during the past 5 being verified is authorized to be admitted ment for the hourly equivalent of at least 75 years, violated a term or condition of admis- into, and employed in, the United States as percent of the work days of the total period sion into the United States as a non- an H–2A worker. of employment, beginning with the first immigrant, including overstaying the period ‘‘(B) The document shall— work day after the arrival of the worker at of authorized admission. ‘‘(i) be compatible with other databases of the place of employment and ending on the ‘‘(2) WAIVERS.— the Secretary of Homeland Security for the expiration date specified in the job offer. For ‘‘(A) IN GENERAL.—An alien outside the purpose of excluding aliens from benefits for purposes of this subparagraph, the hourly United States, and seeking admission under which they are not eligible and determining equivalent means the number of hours in the section 101(a)(15)(H)(ii)(a), shall not be whether the alien is unlawfully present in work days as stated in the job offer and shall deemed inadmissible under such section by the United States; and exclude the worker’s Sabbath and Federal reason of paragraph (1) or section 212(a)(9)(B) ‘‘(ii) be compatible with law enforcement holidays. If the employer affords the United if the previous violation occurred on or be- databases to determine if the alien has been States or H–2A worker less employment than fore April 1, 2005. convicted of criminal offenses. that required under this subparagraph, the ‘‘(B) LIMITATION.—In any case in which an ‘‘(t) EXTENSION OF STAY OF H–2A WORKERS employer shall pay such worker the amount alien is admitted to the United States upon IN THE UNITED STATES.— which the worker would have earned had the having a ground of inadmissibility waived ‘‘(1) EXTENSION OF STAY.— worker, in fact, worked for the guaranteed under subparagraph (A), such waiver shall be ‘‘(A) IN GENERAL.—If an employer seeks to number of hours. considered to remain in effect unless the employ an H–2A worker who is lawfully ‘‘(B) FAILURE TO WORK.—Any hours which alien again violates a material provision of present in the United States, the petition the worker fails to work, up to a maximum this section or otherwise violates a term or filed by the employer or an association pur- of the number of hours specified in the job condition of admission into the United suant to subsection (n) shall request an ex- offer for a work day, when the worker has States as a nonimmigrant, in which case tension of the alien’s stay. been offered an opportunity to do so, and all such waiver shall terminate. ‘‘(B) COMMENCEMENT; MAXIMUM PERIOD.—An hours of work actually performed (including ‘‘(q) ABANDONMENT OF EMPLOYMENT.— extension of stay under this subsection— voluntary work in excess of the number of ‘‘(1) IN GENERAL.—An alien admitted or ‘‘(i) may only commence at the completion hours specified in the job offer in a work day, provided status under section of the H–2A worker’s stay with the current on the worker’s Sabbath, or on Federal holi- 101(a)(15)(H)(ii)(a) who abandons the employ- employer; and days) may be counted by the employer in ment which was the basis for such admission ‘‘(ii) shall not exceed 10 months. calculating whether the period of guaranteed or status shall be considered to have failed ‘‘(2) WORK AUTHORIZATION UPON FILING PETI- employment has been met. to maintain nonimmigrant status as an H–2A TION FOR EXTENSION OF STAY.— ‘‘(C) ABANDONMENT OF EMPLOYMENT; TERMI- worker and shall depart the United States or ‘‘(A) IN GENERAL.—An alien who is lawfully NATION FOR CAUSE.—If the worker voluntarily be subject to removal under section present in the United States may commence abandons employment before the end of the 237(a)(1)(C)(i). or continue the employment described in a contract period, or is terminated for cause, ‘‘(2) REPORT BY EMPLOYER.—The employer petition under paragraph (1) on the date on the worker is not entitled to the 75 percent (or association acting as agent for the em- which the petition is filed. The employer guarantee described in subparagraph (A). ployer) shall notify the Secretary of Home- shall provide a copy of the employer’s peti- ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before land Security within 7 days of an H–2A work- tion to the alien, who shall keep the petition the expiration of the period of employment er’s having prematurely abandoned employ- with the alien’s identification and employ- specified in the job offer, the services of the ment. ment eligibility document, as evidence that worker are no longer required for reasons be- ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- the petition has been filed and that the alien yond the control of the employer due to any retary of Homeland Security shall promptly is authorized to work in the United States.

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‘‘(B) APPROVAL.—Upon approval of a peti- cultural occupation in an area of intended ‘‘(B) issued a tamper-resistant, machine- tion for an extension of stay or change in the employment, the rate of wages that includes readable document that serves as the alien’s alien’s authorized employment, the Sec- the 51st percentile of employees with similar visa, employment authorization, and travel retary of Homeland Security shall provide a experience and qualifications in the agricul- documentation and contains such biometrics new or updated employment eligibility docu- tural occupation in the area of intended em- as are required by the Secretary; ment to the alien indicating the new validity ployment, expressed in terms of the pre- ‘‘(3) the term ‘employer’ means any person date, after which the alien is not required to vailing method of pay for the occupation in or entity, including any farm labor con- retain a copy of the petition. the area of intended employment. tractor and any agricultural association, ‘‘(C) DEFINITION.—In this paragraph, the ‘‘(7) UNITED STATES WORKER.—The term that employs workers in agricultural em- term ‘file’ means sending the petition by cer- ‘United States worker’ means any worker, ployment; tified mail via the United States Postal whether a United States citizen or national, ‘‘(4) the term ‘Secretary’ means the Sec- Service, return receipt requested, or deliv- a lawfully admitted permanent resident retary of Homeland Security; ered by guaranteed commercial delivery alien, or any other alien authorized to work ‘‘(5) the term ‘small employer’ means an which will provide the employer with a docu- in the relevant job opportunity within the employer employing fewer than 500 employ- mented acknowledgment of the date of re- United States, except— ees based upon the average number of em- ceipt of the petition. ‘‘(A) an alien admitted or otherwise pro- ployees for each of the pay periods for the ‘‘(u) SPECIAL RULE FOR ALIENS EMPLOYED vided status under section 101(a)(15)(H)(ii)(a); preceding 10 calendar months, including the AS SHEEPHERDERS, GOATHERDERS, OR DAIRY and period in which the employer employed H–2A WORKERS.—Notwithstanding any other provi- ‘‘(B) an alien provided status under section workers; and sion of this section, an alien admitted under 220.’’. section 101(a)(15)(H)(ii)(a) for employment as ‘‘(6) the term ‘United States worker’ means a sheepherder, goatherder, or dairy worker SEC. 712. LEGAL ASSISTANCE PROVIDED BY THE any worker, whether a United States citizen LEGAL SERVICES CORPORATION. may be admitted for a period of up to 2 or national, a lawfully admitted permanent years. Section 305 of the Immigrant Reform and resident alien, or any other alien authorized ‘‘(v) DEFINITIONS.—For purposes of this sec- Control Act of 1986 (8 U.S.C. 1101 note) is to work in the relevant job opportunity tion: amended— within the United States, except— ‘‘(1) AREA OF EMPLOYMENT.—The term ‘area (1) by striking ‘‘A nonimmigrant’’ and in- ‘‘(A) an alien admitted or otherwise pro- of employment’ means the area within nor- serting the following: vided status under section 101(a)(15)(H)(ii)(a); mal commuting distance of the worksite or ‘‘(a) IN GENERAL.—A nonimmigrant’’; and and physical location where the work of the H– (2) by adding at the end the following: ‘‘(B) an alien provided status under this 2A worker is or will be performed. If such ‘‘(b) LEGAL ASSISTANCE.—The Legal Serv- section. worksite or location is within a Metropoli- ices Corporation may not provide legal as- ‘‘(b) BLUE CARD PROGRAM.— tan Statistical Area, any place within such sistance for or on behalf of any alien, and ‘‘(1) BLUE CARD PROGRAM.—Notwith- area is deemed to be within the area of em- may not provide financial assistance to any standing any other provision of law, the Sec- ployment. person or entity that provides legal assist- retary shall confer blue card status upon an ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ance for or on behalf of any alien, unless the alien who qualifies under this subsection if ble individual’ means, with respect to em- alien— the Secretary determines that the alien— ployment, an individual who is not an unau- ‘‘(1) is present in the United States at the thorized alien (as defined in section time the legal assistance is provided; and ‘‘(A) has been in the United States con- 274A(h)(3)) with respect to that employment. ‘‘(2) is an alien to whom subsection (a) ap- tinuously as of April 1, 2005; ‘‘(B) has performed more than 50 percent of ‘‘(3) DISPLACE.—In the case of a petition plies.’’ with respect to 1 or more H–2A workers by ‘‘(c) REQUIRED MEDIATION.—The Legal total annual weeks worked in agricultural an employer, the employer is considered to Services Corporation may not bring a civil employment in the United States (except in ‘displace’ a United States worker from a job action for damages on behalf of a non- the case of a child provided derivative status if the employer lays off the worker from a immigrant described in section as of April 1, 2005); job that is essentially the equivalent of the 101(a)(15)(H)(ii)(a) of the Immigration and ‘‘(C) is otherwise admissible to the United job for which the H–2A worker or workers is Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) States under section 212, except as otherwise or are sought. A job shall not be considered or pursuant to those in the Blue Card Pro- provided under paragraph (2); and to be essentially equivalent of another job gram established under section 220 of such ‘‘(D) is the beneficiary of a petition filed by unless it involves essentially the same re- Act, unless at least 90 days before bringing an employer, as described in paragraph (3). sponsibilities, was held by a United States the action a request has been made to the ‘‘(2) WAIVER OF CERTAIN GROUNDS FOR INAD- worker with substantially equivalent quali- Federal Mediation and Conciliation Service MISSIBILITY.—In determining an alien’s eligi- fications and experience, and is located in to assist the parties in reaching a satisfac- bility for blue card status under paragraph the same area of employment as the other tory resolution of all issues involving all (1)(C)— job. parties to the dispute and mediation has ‘‘(A) the provisions of paragraphs (5), ‘‘(4) H–2A WORKER.—The term ‘H–2A work- been attempted.’’. (6)(A), (7)(A), and (9)(B) of section 212(a) shall er’ means a nonimmigrant described in sec- Subtitle B—Blue Card Status not apply; tion 101(a)(15)(H)(ii)(a). ‘‘(B) the provisions of section 212(a)(6)(C) SEC. 721. BLUE CARD PROGRAM. ‘‘(5) LAYS OFF.— shall not apply with respect to prior or cur- (a) IN GENERAL.—Chapter 2 of title II of the ‘‘(A) IN GENERAL.—The term ‘lays off’, with rent agricultural employment; and Immigration and Nationality Act (8 U.S.C. respect to a worker— ‘‘(C) the Secretary may not waive para- 1181 et seq.) is amended by adding at the end ‘‘(i) means to cause the worker’s loss of graph (1), (2), or (3) of section 212(a) unless the following: employment, other than through a discharge such waiver is permitted under another pro- for inadequate performance, violation of ‘‘BLUE CARD PROGRAM vision of law. workplace rules, cause, voluntary departure, ‘‘SEC. 220. (a) DEFINITIONS.—As used in this ‘‘(3) PETITIONS.— voluntary retirement, or the expiration of a section— ‘‘(A) IN GENERAL.—An employer seeking grant or contract (other than a temporary ‘‘(1) the term ‘agricultural employment’— blue card status under this section for an employment contract entered into in order ‘‘(A) means any service or activity that is alien employee shall file a petition for blue to evade a condition described in paragraph considered to be agricultural under section card status with the Secretary. (3) or (7) of subsection (a); but 3(f) of the Fair Labor Standards Act of 1938 ‘‘(B) EMPLOYER PETITION.—An employer fil- ‘‘(ii) does not include any situation in (29 U.S.C. 203(f)) or agricultural labor under ing a petition under subparagraph (A) shall— which the worker is offered, as an alter- section 3121(g) of the Internal Revenue Code ‘‘(i) pay a registration fee of— native to such loss of employment, a similar of 1986; and ‘‘(I) $1,000, if the employer employs more employment opportunity with the same em- ‘‘(B) includes any service or activity de- than 500 employees; or ployer (or, in the case of a placement of a scribed in— ‘‘(II) $500, if the employer is a small em- worker with another employer under sub- ‘‘(i) title 37, 37–3011, or 37–3012 (relating to ployer employing 500 or fewer employees; section (a)(7), with either employer described landscaping) of the Department of Labor ‘‘(ii) pay a processing fee to cover the ac- in such subsection) at equivalent or higher 2004–2005 Occupational Information Network tual costs incurred in adjudicating the peti- compensation and benefits than the position Handbook; tion; and from which the employee was discharged, re- ‘‘(ii) title 45 (relating to farming fishing, ‘‘(iii) attest that the employer conducted gardless of whether or not the employee ac- and forestry) of such handbook; or adequate recruitment in the metropolitan cepts the offer. ‘‘(iii) title 51, 51–3022, or 51–3023 (relating to statistical area of intended employment be- ‘‘(B) CONSTRUCTION.—Nothing in this para- meat, poultry, fish processors and packers) fore filing the attestation and was unsuc- graph is intended to limit an employee’s of such handbook. cessful in locating qualified United States rights under a collective bargaining agree- ‘‘(2) the term ‘blue card status’ means the workers for the job opportunity for which ment or other employment contract. status of an alien who has been— the certification is sought, which attestation ‘‘(6) PREVAILING WAGE.—The term ‘pre- ‘‘(A) lawfully admitted for a temporary pe- shall be valid for a period of 60 days. vailing wage’ means, with respect to an agri- riod under subsection (b); and ‘‘(C) RECRUITMENT.—

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3593 ‘‘(i) The adequate recruitment requirement ‘‘(I) other databases maintained by the by an employer, such employer shall imme- under subparagraph (B)(iii) is satisfied if the Secretary for the purpose of excluding aliens diately notify the Secretary of such ces- employer— from benefits for which they are not eligible sation of employment. The Secretary shall ‘‘(I) places a job order with America’s Job and determining whether the alien is unlaw- provide electronic means for making such Bank Program of the Department of Labor; fully present in the United States; and notification. and ‘‘(II) law enforcement databases to deter- ‘‘(D) LOSS OF EMPLOYMENT.— ‘‘(II) places a Sunday advertisement in a mine if the alien has been convicted of crimi- ‘‘(i) An alien’s blue card status shall termi- newspaper of general circulation or an adver- nal offenses. nate if the alien is unemployed for 60 or tisement in an appropriate trade journal or ‘‘(C) AUTHORIZED TRAVEL.—During the pe- more consecutive days. ethnic publication that is likely to be pa- riod an alien is in blue card status granted ‘‘(ii) An alien whose period of authorized tronized by a potential worker in the metro- under this section and pursuant to regula- admission terminates under clause (i) shall politan statistical area of intended employ- tions established by the Secretary, the alien be required to return to the country of the ment. may make brief visits outside the United alien’s nationality or last residence. ‘‘(ii) An advertisement under clause (i)(II) States. An alien may be readmitted to the ‘‘(6) GROUNDS FOR INELIGIBILITY.— shall— United States after such a visit without hav- ‘‘(A) BAR TO FUTURE VISAS FOR CONDITION ‘‘(I) name the employer; ing to obtain a visa if the alien presents the VIOLATIONS.—Any alien having blue card sta- ‘‘(II) direct applicants to report or send re- alien’s blue card document. Such periods of tus shall not again be eligible for the same sumes, as appropriate for the occupation, to time spent outside the United States shall blue card status if the alien violates any the employer; not cause the period of blue card status in term or condition of such status. ‘‘(III) provide a description of the vacancy the United States to be extended. ‘‘(B) ALIENS UNLAWFULLY PRESENT.—Any that is specific enough to apprise United ‘‘(D) PORTABILITY.— alien who enters the United States after States workers of the job opportunity for ‘‘(i) During the period in which an alien is April 1, 2005, without being admitted or pa- which certification is sought; in blue card status, the alien issued a blue roled shall be ineligible for blue card status. ‘‘(IV) describe the geographic area with card may accept new employment upon the ‘‘(C) ALIENS IN H–2A STATUS.—Any alien in enough specificity to apprise applicants of Secretary’s receipt of a petition filed by an lawful H–2A status as of April 1, 2005, shall be any travel requirements and where appli- employer on behalf of the alien. Employment ineligible for blue card status. cants will likely have to reside to perform authorization shall continue for such alien ‘‘(7) BAR ON CHANGE OR ADJUSTMENT OF STA- the job; until such petition is adjudicated. TUS.— ‘‘(V) state the rate of pay, which must ‘‘(ii) If a petition filed under clause (i) is ‘‘(A) IN GENERAL.—An alien having blue equal or exceed the wage paid for the occupa- denied and the alien has ceased employment card status shall not be eligible to change or tion in the area of intended employment; and with the previous employer, the authoriza- adjust status in the United States or obtain ‘‘(VI) offer wages, terms, and conditions of tion under clause (i) shall terminate and the a different nonimmigrant or immigrant visa employment, which are at least as favorable alien shall be required to return to the coun- from a United States Embassy or consulate. as those offered to the alien. try of the alien’s nationality or last resi- ‘‘(B) LOSS OF ELIGIBILITY.—An alien having ‘‘(D) NOTIFICATION OF DENIAL.—The Sec- dence. blue card status shall lose eligibility for such retary shall provide notification of a denial ‘‘(iii) A fee may be required by the Sec- status if the alien— of a petition filed for an alien to the alien retary to cover the actual costs incurred in ‘‘(i) files a petition to adjust status to legal and the employer who filed such petition. adjudicating a petition under this subpara- permanent residence in the United States; or ‘‘(E) EFFECT OF DENIAL.—If the Secretary graph. No other fee may be required under ‘‘(ii) requests a consular processing for an denies a petition filed for an alien, such alien this subparagraph. immigrant visa outside the United States. shall return to the country of the alien’s na- ‘‘(iv) A petition by an employer under this ‘‘(C) EXCEPTION.—An alien having blue card tionality or last residence outside the United subparagraph may not be accepted within 90 status may not adjust status to legal perma- States. days after the adjudication of a previous pe- nent resident status or obtain another non- ‘‘(4) BLUE CARD STATUS.— tition on behalf of an alien. immigrant or immigrant status unless— ‘‘(A) BLUE CARD.— ‘‘(E) ANNUAL CHECK IN.—The employer of ‘‘(i)(I) the alien renounces his or her blue ‘‘(i) ALL-IN-ONE CARD.—The Secretary, in an alien in blue card status who has been conjunction with the Secretary of State, employed for 1 year in blue card status shall card status by providing written notification shall develop a single machine-readable, confirm the alien’s continued employment to the Secretary of Homeland Security or tamper-resistant document that— status with the Secretary electronically or the Secretary of State; or ‘‘(I) authorizes the alien’s entry into the in writing. Such confirmation will not re- ‘‘(II) the alien’s blue card status otherwise United States; quire a further labor attestation. expires; and ‘‘(II) serves, during the period an alien is in ‘‘(F) TERMINATION OF BLUE CARD STATUS.— ‘‘(ii) the alien has resided and been phys- blue card status, as an employment author- ‘‘(i) During the period of blue card status ically present in the alien’s country of na- ized endorsement or other appropriate work granted an alien, the Secretary may termi- tionality or last residence for not less than 1 permit for agricultural employment only; nate such status upon a determination by year after leaving the United States and the and the Secretary that the alien is deportable or renouncement or expiration of blue card sta- ‘‘(III) serves as an entry and exit document has become inadmissible. tus. to be used in conjunction with a proper visa ‘‘(ii) The Secretary may terminate blue ‘‘(8) JUDICIAL REVIEW.—There shall be no or as a visa and as other appropriate travel card status granted to an alien if— judicial review of a denial of blue card sta- and entry documentation using biometric ‘‘(I) the Secretary determines that, with- tus. identifiers that meet the biometric identifier out the appropriate waiver, the granting of ‘‘(c) SAFE HARBOR.— standards jointly established by the Sec- blue card status was the result of fraud or ‘‘(1) SAFE HARBOR OF ALIEN.—An alien for retary of State and the Secretary. willful misrepresentation (as described in whom a nonfrivolous petition is filed under ‘‘(ii) BIOMETRICS.— section 212(a)(6)(C)(i)); this section— ‘‘(I) After a petition is filed by an employer ‘‘(II) the alien is convicted of a felony or a ‘‘(A) shall be granted employment author- and receipt of such petition is confirmed by misdemeanor committed in the United ization pending final adjudication of the pe- the Secretary, the alien, in order to further States; or tition; adjudicate the petition, shall submit 2 bio- ‘‘(III) the Secretary determines that the ‘‘(B) may not be detained, determined in- metric identifiers, as required by the Sec- alien is deportable or inadmissible under any admissible or deportable, or removed pend- retary, at an Application Support Center. other provision of this Act. ing final adjudication of the petition for ‘‘(II) The Secretary shall prescribe a proc- ‘‘(5) PERIOD OF AUTHORIZED ADMISSION.— change in status, unless the alien commits ess for the submission of a biometric identi- ‘‘(A) IN GENERAL.—The initial period of au- an act which renders the alien ineligible for fier to be incorporated electronically into an thorized admission for an alien with blue such change of status; and employer’s prior electronic filing of a peti- card status shall be not more than 3 years. ‘‘(C) may not be considered an unauthor- tion. The Secretary shall prescribe an alter- The employer of such alien may petition for ized alien as defined in section 274A(h)(3) native process for employers to file a peti- extensions of such authorized admission for 2 until such time as the petition for status is tion in a manner other than electronic filing, additional periods of not more than 3 years adjudicated. as needed. each. ‘‘(2) SAFE HARBOR FOR EMPLOYER.—An em- ‘‘(B) DOCUMENT REQUIREMENTS.—The Sec- ‘‘(B) EXCEPTION.—The limit on renewals ployer that files a petition for blue card sta- retary shall issue a blue card that is— shall not apply to a nonimmigrant in a posi- tus for an alien shall not be subject to civil ‘‘(i) capable of reliably determining if the tion of full-time, non-temporary employ- and criminal tax liability relating directly individual with the blue card whose eligi- ment who has managerial or supervisory re- to the employment of such alien. An em- bility is being verified is— sponsibilities. The employer of such non- ployer that provides unauthorized aliens ‘‘(I) eligible for employment; immigrant shall be required to make an ad- with copies of employment records or other ‘‘(II) claiming the identify of another per- ditional attestation to such an employment evidence of employment pursuant to the pe- son; and classification with the filing of a petition. tition shall not be subject to civil and crimi- ‘‘(III) authorized to be admitted; and ‘‘(C) REPORTING REQUIREMENT.—If an alien nal liability pursuant to section 274A for em- ‘‘(ii) compatible with— with blue card status ceases to be employed ploying such unauthorized aliens.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 S3594 CONGRESSIONAL RECORD — SENATE April 13, 2005 ‘‘(d) TREATMENT OF SPOUSES AND CHIL- by her to the bill H.R. 1268, making tions for the fiscal year ending Sep- DREN.— emergency supplemental appropria- tember 30, 2005, to establish and rapidly ‘‘(1) SPOUSES.—A spouse of an alien having tions for the fiscal year ending Sep- implement regulations for State driv- blue card status shall not be eligible for de- tember 30, 2005, to establish and rapidly er’s license and identification docu- rivative status by accompanying or fol- ment security standards, to prevent lowing to join the alien. Such a spouse may implement regulations for State driv- obtain status based only on an independent er’s license and identification docu- terrorists from abusing the asylum petition filed by an employer petitioning ment security standards, to prevent laws of the United States, to unify ter- under subsection (b)(3) with respect to the terrorists from abusing the asylum rorism-related grounds for inadmis- employment of the spouse. laws of the United States, to unify ter- sibility and removal, to ensure expedi- ‘‘(2) CHILDREN.—A child of an alien having rorism-related grounds for inadmis- tious construction of the San Diego blue card status shall not be eligible for the sibility and removal, to ensure expedi- border fence, and for other purposes; same temporary status unless— tious construction of the San Diego which was ordered to lie on the table; ‘‘(A) the child is accompanying or fol- as follows: lowing to join the alien; and border fence, and for other purposes; On page 15, strike lines 19 through 21, and ‘‘(B) the alien is the sole custodial parent which was ordered to lie on the table; insert the following: of the child or both custodial parents of the as follows: (II) is convicted of a felony or mis- child have obtained such status.’’. On page 13, strike line 5 and all that fol- demeanor committed in the United States. (b) CLERICAL AMENDMENT.—The table of lows through page 14, line 23, and insert the contents of the Immigration and Nationality following: SA 386. Mr. STEVENS (for himself Act is amended by inserting after the item (i) QUALIFYING EMPLOYMENT.—The alien and Mr. INOUYE) proposed an amend- relating to section 219 the following: has performed at least 5 years of agricultural ment to the bill H.R. 1268, making ‘‘Sec. 220. Blue card program.’’. employment in the United States, for at least 100 work days per year, during the 6- emergency supplemental appropria- SEC. 722. PENALTIES FOR FALSE STATEMENTS. tions for the fiscal year ending Sep- Section 1546 of title 18, United States Code, year period beginning on the date of enact- ment of this Act. tember 30, 2005, to establish and rapidly is amended— implement regulations for State driv- (1) by redesignating subsection (c) as sub- (ii) APPLICATION PERIOD.—The alien applies section (d); and for adjustment of status not later than 7 er’s license and identification docu- (2) by inserting after subsection (b) the fol- years after the date of enactment of this ment security standards, to prevent lowing: Act. terrorists from abusing the asylum ‘‘(c) Any person, including the alien who is (iii) PROOF.—In meeting the requirements laws of the United States, to unify ter- the beneficiary of a petition, who— under clause (i), an alien may submit the rorism-related grounds for inadmis- ‘‘(1) files a petition under section 220(b)(3) record of employment described in sub- sibility and removal, to ensure expedi- section (a)(5) or such documentation as may of the Immigration and Nationality Act; and tious construction of the San Diego ‘‘(2)(A) knowingly and willfully falsifies, be submitted under subsection (d)(3). (iv) DISABILITY.—In determining whether border fence, and for other purposes; as conceals, or covers up a material fact related follows: to such a petition; an alien has met the requirements under On page 149, line 10 strike ‘‘$89,300,000’’ and ‘‘(B) makes any false, fictitious, or fraudu- clause (i), the Secretary shall credit the insert ‘‘$250,300,000’’ and on line 11 strike lent statements or representations, or makes alien with any work days lost because the ‘‘$20,000,000’’ and insert ‘‘$181,000,000’’. or uses any false writing or document know- alien was unable to work in agricultural em- ployment due to injury or disease arising out ing the same to contain any false, fictitious, SA 387. Ms. MIKULSKI (for herself, or fraudulent statement or entry related to of and in the course of the alien’s agricul- Mr. ALLEN, Mr. LEAHY, Mr. CORZINE, such a petition; or tural employment, if the alien can establish ‘‘(C) creates or supplies a false writing or such disabling injury or disease through Mr. WARNER, Mr. JEFFORDS, Mr. SAR- document for use in making such a petition, medical records. BANES, Mr. DAYTON, Mr. KENNEDY, Ms. LANDRIEU, Mr. REED, Mr. LAUTENBERG, shall be fined in accordance with this title, SA 384. Mrs. FEINSTEIN submitted imprisoned not more than 5 years, or both.’’. Mr. FEINGOLD, Mr. DORGAN, Mr. KERRY, an amendment intended to be proposed Mr. CONRAD, Mr. THOMAS, Mr. STEVENS, SEC. 723. SECURING THE BORDERS. by her to the bill H.R. 1268, making Not later than 6 months after the date of Mr. DEWINE, Mr. COLEMAN, Ms. SNOWE, enactment of this Act, the Secretary of emergency supplemental appropria- and Ms. COLLINS) proposed an amend- Homeland Security shall submit to Congress tions for the fiscal year ending Sep- ment to the bill H.R. 1268, making a comprehensive plan for securing the bor- tember 30, 2005, to establish and rapidly emergency supplemental appropria- ders of the United States. implement regulations for State driv- tions for the fiscal year ending Sep- SEC. 724. EFFECTIVE DATE. er’s license and identification docu- tember 30, 2005, to establish and rapidly This subtitle shall take effect on the date ment security standards, to prevent implement regulations for State driv- that is 6 months after the date of enactment terrorists from abusing the asylum er’s license and identification docu- of this Act. laws of the United States, to unify ter- ment security standards, to prevent rorism-related grounds for inadmis- terrorists from abusing the asylum SA 382. Mrs. FEINSTEIN submitted sibility and removal, to ensure expedi- laws of the United States, to unify ter- an amendment intended to be proposed tious construction of the San Diego rorism-related grounds for inadmis- by her to the bill H.R. 1268, making border fence, and for other purposes; sibility and removal, to ensure expedi- emergency supplemental appropria- which was ordered to lie on the table; tious construction of the San Diego tions for the fiscal year ending Sep- as follows: border fence, and for other purposes; tember 30, 2005, to establish and rapidly On page 18, strike line 11 and all that fol- which was ordered to lie on the table; implement regulations for State driv- lows through ‘‘(D)’’ on page 20, line 16, and as follows: er’s license and identification docu- insert the following: On page 231, between lines 3 and 4, insert ment security standards, to prevent (A) IN GENERAL.—The Secretary shall pro- the following new title: terrorists from abusing the asylum vide that— TITLE VII—TEMPORARY WORKERS laws of the United States, to unify ter- (i) applications for temporary resident sta- tus under subsection (a) may be filed— SEC. 7001. SHORT TITLE. rorism-related grounds for inadmis- This title may be cited as the ‘‘Save Our (I) with the Secretary only if the applicant sibility and removal, to ensure expedi- Small and Seasonal Businesses Act of 2005’’. tious construction of the San Diego is represented by an attorney; or (II) with a qualified entity designated SEC. 7002. NUMERICAL LIMITATIONS ON H–2B WORKERS. border fence, and for other purposes; under paragraph (2) only if the applicant (a) IN GENERAL.—Section 214(g) of the Im- which was ordered to lie on the table; consents to the forwarding of the application as follows: migration and Nationality Act (8 U.S.C. to the Secretary; and 1184(g)) is amended by adding at the end the On page 4, lines 7 through 10, strike ‘‘at (ii) applications for adjustment of status following: least 575 hours or 100 work days, whichever is under subsection (c) shall be filed directly ‘‘(9) An alien counted toward the numer- less, during any 12 consecutive months dur- with the Secretary. ical limitations of paragraph (1)(B) during ing the 18-month period ending on’’ and in- (B) any one of the 3 fiscal years prior to the sub- sert ‘‘the previous 3 years, for at least 575 mission of a petition for a nonimmigrant hours or 100 work days per year, before’’. SA 385. Mrs. FEINSTEIN submitted worker described in section an amendment intended to be proposed 101(a)(15)(H)(ii)(b) may not be counted to- SA 383. Mrs. FEINSTEIN submitted by her to the bill H.R. 1268, making ward such limitation for the fiscal year in an amendment intended to be proposed emergency supplemental appropria- which the petition is approved.’’.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.080 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3595 (b) EFFECTIVE DATE.— the agreement of the Secretary of Labor, any SA 388. Mr. BAYH submitted an (1) IN GENERAL.—The amendment in sub- of the authority given to the Secretary of amendment intended to be proposed by section (a) shall take effect as if enacted on Homeland Security under subparagraph him to the bill H.R. 1268, making emer- October 1, 2004, and shall expire on October 1, (A)(i). gency supplemental appropriations for 2006. ‘‘(iv) In determining the level of penalties the fiscal year ending September 30, (2) IMPLEMENTATION.—Not later than the to be assessed under subparagraph (A), the date of enactment of this Act, the Secretary highest penalties shall be reserved for willful 2005, to establish and rapidly imple- of Homeland Security shall begin accepting failures to meet any of the conditions of the ment regulations for State driver’s li- and processing petitions filed on behalf of petition that involve harm to United States cense and identification document se- aliens described in section 101(a)(15)(H)(ii)(b), workers. curity standards, to prevent terrorists in a manner consistent with this section and ‘‘(v) In this paragraph, the term ‘substan- from abusing the asylum laws of the the amendments made by this section. tial failure’ means the willful failure to com- United States, to unify terrorism-re- SEC. 7003. FRAUD PREVENTION AND DETECTION ply with the requirements of this section that constitutes a significant deviation from lated grounds for inadmissibility and FEE. removal, to ensure expeditious con- (a) IMPOSITION OF FEE.—Section 214(c) of the terms and conditions of a petition.’’. the Immigration and Nationality Act (8 (b) EFFECTIVE DATE.—The amendment struction of the San Diego border U.S.C. 1184(c)), as amended by section 426(a) made by subsection (a) shall take effect on fence, and for other purposes; which of division J of the Consolidated Appropria- October 1, 2005. was ordered to lie on the table; as fol- tions Act, 2005 (Public Law 108–447), is SEC. 7005. ALLOCATION OF H–2B VISAS DURING A lows: amended by adding at the end the following: FISCAL YEAR. On page 169, between lines 8 and 9, insert Section 214(g) of the Immigration and Na- ‘‘(13)(A) In addition to any other fees au- the following: thorized by law, the Secretary of Homeland tionality Act (8 U.S.C. 1184(g)), as amended UP ARMORED HIGH MOBILITY MULTIPURPOSE Security shall impose a fraud prevention and by section 7002, is further amended by adding WHEELED VEHICLES detection fee on an employer filing a peti- at the end the following new paragraph: tion under paragraph (1) for nonimmigrant ‘‘(j) The numerical limitations of para- SEC. 1122. (a) ADDITIONAL AMOUNT FOR workers described in section graph (1)(B) shall be allocated for a fiscal OTHER PROCUREMENT, ARMY.—The amount 101(a)(15)(H)(ii)(b). year so that the total number of aliens who appropriated by this chapter under the head- ‘‘(i) The amount of the fee imposed under enter the United States pursuant to a visa or ing ‘‘OTHER PROCUREMENT, ARMY’’ is hereby subparagraph (A) shall be $150.’’. other provision of nonimmigrant status increased by $742,000,000, with the amount of (b) USE OF FEES.— under section 101(a)(15)(H)(ii)(b) during the such increase designated as an emergency re- (1) FRAUD PREVENTION AND DETECTION AC- first 6 months of such fiscal year is not more quirement pursuant to section 402 of the con- COUNT.—Subsection (v) of section 286 of the than 33,000.’’. ference report to accompany S. Con. Res. 95 Immigration and Nationality Act (8 U.S.C. SEC. 7006. SUBMISSION TO CONGRESS OF INFOR- (108th Congress). 1356), as added by section 426(b) of division J MATION REGARDING H–2B NON- (b) AVAILABILITY OF FUNDS.—Of the of the Consolidated Appropriations Act, 2005 IMMIGRANTS. amount appropriated or otherwise made (Public Law 108–447), is amended— Section 416 of the American Competitive- available by this chapter under the heading (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), ness and Workforce Improvement Act of 1998 ‘‘OTHER PROCUREMENT, ARMY’’, as increased and (2)(D) by striking ‘‘H1–B and L’’ each (title IV of division C of Public Law 105–277; by subsection (a), $742,000,000 shall be avail- place it appears; 8 U.S.C. 1184 note) is amended— able for the procurement of up to 3,300 Up (B) in paragraph (1), as amended by sub- (1) by striking ‘‘Attorney General’’ each Armored High Mobility Multipurpose paragraph (A), by striking ‘‘section place that term appears and inserting ‘‘Sec- Wheeled Vehicles (UAHMMVs). (c) REPORTS.—(1) Not later 60 days after 214(c)(12)’’ and inserting ‘‘paragraph (12) or retary of Homeland Security’’; and the date of the enactment of this Act, and (13) of section 214(c)’’; (2) by adding at the end the following new every 60 days thereafter until the termi- (C) in paragraphs (2)(A)(i) and (2)(B), as subsection: ‘‘(d) PROVISION OF INFORMATION.— nation of Operation Iraqi Freedom, the Sec- amended by subparagraph (A), by striking retary of Defense shall submit to the con- ‘‘(H)(i)’’ each place it appears and inserting ‘‘(1) QUARTERLY NOTIFICATION.—Beginning not later than March 1, 2006, the Secretary of gressional defense committees a report set- ‘‘(H)(i), (H)(ii), ’’; and ting forth the current requirements of the (D) in paragraph (2)(D), as amended by sub- Homeland Security shall notify, on a quar- terly basis, the Committee on the Judiciary Armed Forces for armored security vehicles. paragraph (A), by inserting before the period (2) Not later than 90 days after the date of of the Senate and the Committee on the Ju- at the end ‘‘or for programs and activities to the enactment of this Act, the Secretary diciary of House of Representatives of the prevent and detect fraud with respect to pe- shall submit to the congressional defense number of aliens who during the preceding 1- titions under paragraph (1) or (2)(A) of sec- committees a report setting forth the most year period— tion 214(c) to grant an alien nonimmigrant effective and efficient options available to ‘‘(A) were issued visas or otherwise pro- status described in section 101(a)(15)(H)(ii)’’. the Department of Defense for transporting vided nonimmigrant status under section (2) CONFORMING AMENDMENT.—The heading Up Armored High Mobility Multipurpose 101(a)(15)(H)(ii)(b) of the Immigration and of such subsection 286 is amended by striking Wheeled Vehicles to Iraq and Afghanistan. ‘‘H1–B AND L’’. Nationality Act (8 U.S.C. (c) EFFECTIVE DATE.—The amendments 1101(a)(15)(H)(ii)(b)); or SA 389. Mr. REID submitted an made by subsections (a) and (b) shall take ef- ‘‘(B) had such a visa or such status expire amendment intended to be proposed by fect on October 1, 2005. or be revoked or otherwise terminated. him to the bill H.R. 1268, making emer- ‘‘(2) ANNUAL SUBMISSION.—Beginning in fis- SEC. 7004. SANCTIONS. gency supplemental appropriations for (a) IN GENERAL.—Section 214(c) of the Im- cal year 2007, the Secretary of Homeland Se- migration and Nationality Act (8 U.S.C. curity shall submit, on an annual basis, to the fiscal year ending September 30, 1184(c)), as amended by section 3, is further the Committees on the Judiciary of the 2005, to establish and rapidly imple- amended by adding at the end the following: House of Representatives and the Senate— ment regulations for State driver’s li- ‘‘(14)(A) If the Secretary of Homeland Se- ‘‘(A) information on the countries of origin cense and identification document se- curity finds, after notice and an opportunity of, occupations of, and compensation paid to curity standards, to prevent terrorists for a hearing, a substantial failure to meet aliens who were issued visas or otherwise from abusing the asylum laws of the any of the conditions of the petition to provided nonimmigrant status under section United States, to unify terrorism-re- admit or otherwise provide status to a non- 101(a)(15)(H)(ii)(b) of the Immigration and lated grounds for inadmissibility and immigrant worker under section Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 101(a)(15)(H)(ii)(b) or a willful misrepresenta- during the previous fiscal year; removal, to ensure expeditious con- tion of a material fact in such petition— ‘‘(B) the number of aliens who had such a struction of the San Diego border ‘‘(i) the Secretary of Homeland Security visa or such status expire or be revoked or fence, and for other purposes; which may, in addition to any other remedy au- otherwise terminated during each month of was ordered to lie on the table; as fol- thorized by law, impose such administrative such fiscal year; and lows: remedies (including civil monetary penalties ‘‘(C) the number of aliens who were pro- On page 231, after line 6, add the following: in an amount not to exceed $10,000 per viola- vided nonimmigrant status under such sec- SEC. 6047. STATE REGULATION OF RESIDENT tion) as the Secretary of Homeland Security tion during both such fiscal year and the pre- AND NONRESIDENT HUNTING AND determines to be appropriate; and ceding fiscal year. FISHING. ‘‘(ii) the Secretary of Homeland Security ‘‘(3) INFORMATION MAINTAINED BY STATE.—If (a) SHORT TITLE.—This section may be may deny petitions filed with respect to that the Secretary of Homeland Security deter- cited as the ‘‘Reaffirmation of State Regula- employer under section 204 or paragraph (1) mines that information maintained by the tion of Resident and Nonresident Hunting of this subsection during a period of at least Secretary of State is required to make a sub- and Fishing Act of 2005’’. 1 year but not more than 5 years for aliens to mission described in paragraph (1) or (2), the (b) DECLARATION OF POLICY AND CONSTRUC- be employed by the employer. Secretary of State shall provide such infor- TION OF CONGRESSIONAL SILENCE.— ‘‘(iii) The Secretary of Homeland Security mation to the Secretary of Homeland Secu- (1) IN GENERAL.—It is the policy of Con- may delegate to the Secretary of Labor, with rity upon request.’’. gress that it is in the public interest for each

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.084 S13PT1 S3596 CONGRESSIONAL RECORD — SENATE April 13, 2005 State to continue to regulate the taking for provided members of the Armed Forces as DEPARTMENT OF DEFENSE—CIVIL any purpose of fish and wildlife within its described in that paragraph on or after that DEPARTMENT OF THE ARMY boundaries, including by means of laws or date. OPERATIONS AND MAINTENANCE, GENERAL regulations that differentiate between resi- (b) TELEPHONE BENEFITS.— dents and nonresidents of such State with re- For an additional amount for the Sec- (1) PROVISION OF ACCESS TO TELEPHONE spect to the availability of licenses or per- retary of the Army, acting through the Chief SERVICE.—The Secretary of Defense shall mits for taking of particular species of fish of Engineers, to repair damage caused by provide each member of the Armed Forces or wildlife, the kind and numbers of fish and flooding in the Kaskaskia River during Janu- who is undergoing in any month medical re- wildlife that may be taken, or the fees ary, 2005, to the Lake Shelbyville and cuperation or therapy, or is otherwise in the charged in connection with issuance of li- Carlyle Lake projects, $5,400,000, to remain status of ‘‘medical hold’’, in a military treat- censes or permits for hunting or fishing. available until expended: Provided, That the ment facility for an injury, illness, or disease (2) CONSTRUCTION OF CONGRESSIONAL SI- amounts provided under this heading are incurred or aggravated while on active duty LENCE.—Silence on the part of Congress shall designated as an emergency requirement in the Armed Forces in Operation Iraqi Free- not be construed to impose any barrier under pursuant to section 402 of the conference re- dom or Operation Enduring Freedom access clause 3 of Section 8 of Article I of the Con- port to accompany S. Con. Res. 95 (108th Con- stitution (commonly referred to as the to telephone service at or through such mili- gress). ‘‘’’) to the regulation of tary treatment facility in an amount for hunting or fishing by a State or Indian tribe. such month equivalent to the amount speci- SA 392. Mr. OBAMA submitted an (c) LIMITATIONS.—Nothing in this section fied in paragraph (2). amendment intended to be proposed by shall be construed— (2) MONTHLY AMOUNT OF ACCESS.—The him to the bill H.R. 1268, making emer- (1) to limit the applicability or effect of amount of access to telephone service pro- gency supplemental appropriations for any Federal law related to the protection or vided a member of the Armed Forces under the fiscal year ending September 30, management of fish or wildlife or to the reg- paragraph (1) in a month shall be the number of calling minutes having a value equivalent 2005, to establish and rapidly imple- ulation of commerce; ment regulations for State driver’s li- (2) to limit the authority of the United to $40. States to prohibit hunting or fishing on any (3) ELIGIBILITY AT ANY TIME DURING cense and identification document se- portion of the lands owned by the United MONTH.—A member of the Armed Forces who curity standards, to prevent terrorists States; or is eligible for the provision of telephone from abusing the asylum laws of the (3) to abrogate, abridge, affect, modify, su- service under this subsection at any time United States, to unify terrorism-re- persede or alter any treaty-reserved right or during a month shall be provided access to lated grounds for inadmissibility and other right of any Indian tribe as recognized such service during such month in accord- removal, to ensure expeditious con- by any other means, including, but not lim- ance with that paragraph, regardless of the struction of the San Diego border date of the month on which the member first ited to, agreements with the United States, fence, and for other purposes; which Executive Orders, statutes, and judicial de- becomes eligible for the provision of tele- crees, and by Federal law. phone service under this subsection. was ordered to lie on the table; as fol- (d) STATE DEFINED.—For purposes of this (4) USE OF EXISTING RESOURCES.—In car- lows: section, the term ‘‘State’’ includes the sev- rying out this subsection, the Secretary On page 169, between lines 8 and 9, insert eral States, the District of Columbia, the shall maximize the use of existing Depart- the following: Commonwealth of Puerto Rico, Guam, the ment of Defense telecommunications pro- EPILEPSY RESEARCH BY DEPARTMENT OF DE- Virgin Islands, American Samoa, and the grams and capabilities, private organiza- FENSE PEER REVIEWED MEDICAL RESEARCH Commonwealth of the Northern Mariana Is- tions, or other private entities offering free PROGRAM lands. or reduced-cost telecommunications serv- SEC. 1122. Of the amount appropriated or ices. SA 390. Mr. OBAMA (for himself, Mr. otherwise made available by this chapter (5) COMMENCEMENT.— under the heading ‘‘DEFENSE HEALTH PRO- GRAHAM, Mr. BINGAMAN, and Mr. (A) IN GENERAL.—This subsection shall GRAM’’, $1,000,000 shall be available for the CORZINE) submitted an amendment in- take effect on the first day of the first Department of Defense Peer Reviewed Med- tended to be proposed by him to the month beginning on or after the date of the ical Research Program for epilepsy research, bill H.R. 1268, making emergency sup- enactment of this Act. including— plemental appropriations for the fiscal (B) EXPEDITED PROVISION OF ACCESS.—The (1) research into the relationship between year ending September 30, 2005, to es- Secretary shall commence the provision of traumatic brain injury and epilepsy; and tablish and rapidly implement regula- access to telephone service under this sub- (2) research on the development of tools to tions for State driver’s license and section as soon as practicable after the date monitor epilepsy. of the enactment of this Act. identification document security (6) TERMINATION.—The Secretary shall SA 393. Mr. KENNEDY submitted an standards, to prevent terrorists from cease the provision of access to telephone abusing the asylum laws of the United amendment intended to be proposed by service under this subsection on the date him to the bill H.R. 1268, making emer- States, to unify terrorism-related this is 60 days after the later of— grounds for inadmissibility and re- (A) the date, as determined by the Sec- gency supplemental appropriations for moval, to ensure expeditious construc- retary, on which Operation Enduring Free- the fiscal year ending September 30, tion of the San Diego border fence, and dom terminates; or 2005, to establish and rapidly imple- for other purposes; which was ordered (B) the date, as so determined, on which ment regulations for State driver’s li- to lie on the table; as follows: Operation Iraqi Freedom terminates. cense and identification document se- At the appropriate place, insert the fol- curity standards, to prevent terrorists from abusing the asylum laws of the lowing: SA 391. Mr. OBAMA (for himself and United States, to unify terrorism-re- SEC. ll. BENEFITS FOR MEMBERS OF THE Mr. DURBIN) submitted an amendment ARMED FORCES RECUPERATING lated grounds for inadmissibility and FROM INJURIES INCURRED IN OPER- intended to be proposed by him to the removal, to ensure expeditious con- ATION IRAQI FREEDOM OR OPER- bill H.R. 1268, making emergency sup- struction of the San Diego border ATION ENDURING FREEDOM. plemental appropriations for the fiscal (a) PROHIBITION ON CHARGES FOR MEALS.— fence, and for other purposes; which (1) PROHIBITION.—A member of the Armed year ending September 30, 2005, to es- was ordered to lie on the table; as fol- Forces entitled to a basic allowance for sub- tablish and rapidly implement regula- lows: sistence under section 402 of title 37, United tions for State driver’s license and At the appropriate place, insert the fol- States Code, who is undergoing medical re- identification document security lowing: cuperation or therapy, or is otherwise in the standards, to prevent terrorists from SEC. ll. IMPLEMENTATION OF MISSION status of ‘‘medical hold’’, in a military treat- CHANGES AT SPECIFIC VETERANS ment facility for an injury, illness, or disease abusing the asylum laws of the United HEALTH ADMINISTRATION FACILI- incurred or aggravated while on active duty States, to unify terrorism-related TIES. in the Armed Forces in Operation Iraqi Free- grounds for inadmissibility and re- (a) IN GENERAL.—Section 414 of the Vet- dom or Operation Enduring Freedom shall moval, to ensure expeditious construc- erans Health Programs Improvement Act of not, during any month in which so entitled, 2004, is amended by adding at the end the fol- be required to pay any charge for meals pro- tion of the San Diego border fence, and lowing: vided such member by the military treat- for other purposes; which was ordered ‘‘(h) DEFINITION.—In this section, the term ment facility. to lie on the table; as follows: ‘medical center’ includes any outpatient (2) EFFECTIVE DATE.—The limitation in clinic.’’. paragraph (1) shall take effect on January 1, At the appropriate place, insert the fol- (b) EFFECTIVE DATE.—The amendment 2005, and shall apply with respect to meals lowing: made by subsection (a) shall take effect as if

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.084 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3597 included in the Veterans Health Programs rorism-related grounds for inadmis- tended to be proposed by him to the Improvement Act of 2004 (Public Law 108– sibility and removal, to ensure expedi- bill H.R. 1268, making emergency sup- 422). tious construction of the San Diego plemental appropriations for the fiscal SA 394. Mr. WARNER submitted an border fence, and for other purposes; as year ending September 30, 2005, to es- amendment intended to be proposed by follows: tablish and rapidly implement regula- her to the bill H.R. 1268, making emer- At the appropriate place, insert the fol- tions for State driver’s license and gency supplemental appropriations for lowing: identification document security the fiscal year ending September 30, SEC. ll. SENSE OF THE SENATE. standards, to prevent terrorists from 2005, to establish and rapidly imple- It is the sense of the Senate that— abusing the asylum laws of the United (1) the Senate conferees should not agree ment regulations for State driver’s li- States, to unify terrorism-related to the inclusion of language from division B grounds for inadmissibility and re- cense and identification document se- of the Act (as passed by the House of Rep- curity standards, to prevent terrorists resentatives on March 16, 2005) in the con- moval, to ensure expeditious construc- from abusing the asylum laws of the ference report; tion of the San Diego border fence, and United States, to unify terrorism-re- (2) the language referred to in paragraph for other purposes; which was ordered lated grounds for inadmissibility and (1) is contained in H.R. 418, which was— to lie on the table; as follows: removal, to ensure expeditious con- (A) passed by the House of Representatives On page 231, after line 6, add the following: struction of the San Diego border on February 10, 2005; and TITLE VII—SPECIAL COMMITTEE OF fence, and for other purposes; which (B) referred to the Committee on the Judi- SENATE ON WAR AND RECONSTRUC- ciary of the Senate on February 17, 2005; and TION CONTRACTING was ordered to lie on the table; as fol- (3) the Committee on the Judiciary is the lows: SEC. 7001. FINDINGS. appropriate committee to address this mat- Congress makes the following findings: On page 169, between lines 8 and 9, insert ter. the following: (1) The wars in Iraq and Afghanistan have exerted very large demands on the Treasury RE-USE AND REDEVELOPMENT OF CLOSED OR SA 396. Mr. KOHL submitted an of the United States and required tremen- REALIGNED MILITARY INSTALLATIONS amendment intended to be proposed by dous sacrifice by the members of the Armed SEC. 1122 (a) In order to assist communities him to the bill H.R. 1268, making emer- Forces of the United States. with preparations for the results of the 2005 gency supplemental appropriations for (2) Congress has a constitutional responsi- round of defense base closure and realign- the fiscal year ending September 30, bility to ensure comprehensive oversight of ment, and consistent with assistance pro- 2005, to establish and rapidly imple- the expenditure of United States Govern- vided to communities by the Department of ment regulations for State driver’s li- ment funds. Defense in previous rounds of base closure (3) Waste and corporate abuse of United and realignment, the Secretary of Defense cense and identification document se- curity standards, to prevent terrorists States Government resources are particu- shall, not later than July 15, 2005, submit to larly unacceptable and reprehensible during the congressional defense committees a re- from abusing the asylum laws of the times of war. port on the processes and policies of the Fed- United States, to unify terrorism-re- (4) The magnitude of the funds involved in eral Government for disposal of property at lated grounds for inadmissibility and the reconstruction of Afghanistan and Iraq military installations proposed to be closed removal, to ensure expeditious con- and the war on terrorism, together with the or realigned as part of the 2005 round of base struction of the San Diego border speed with which these funds have been com- closure and realignment, and the assistance mitted, presents a challenge to the effective available to affected local communities for fence, and for other purposes; which was ordered to lie on the table; as fol- performance of the traditional oversight re-use and redevelopment decisions. function of Congress and the auditing func- (b) The report under subsection (a) shall lows: tions of the executive branch. include— At the appropriate place, insert the fol- (5) The Senate Special Committee to Inves- (1) a description of the processes of the lowing: tigate the National Defense Program, popu- Federal Government for disposal of property SEC. ll. DEFINITION OF IMMEDIATE REL- larly know as the Truman Committee, which at military installations proposed to be ATIVES. was established during World War II, offers a closed or realigned; Section 201(b)(2)(A)(i) of the Immigration constructive precedent for bipartisan over- (2) a description of Federal Government and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) sight of wartime contracting that can also policies for providing re-use and redevelop- is amended by inserting ‘‘In the case of a be extended to wartime and postwar recon- ment assistance; parent of a citizen of the United States who struction activities. (3) a catalogue of community assistance has a child (as defined in section 101(b)(1)), (6) The Truman Committee is credited with programs that are provided by the Federal the child shall be considered, for purposes of an extremely successful investigative effort, Government related to the re-use and rede- this subsection, to be an immediate relative performance of a significant public edu- velopment of closed or realigned military in- if accompanying or following to join the par- cation role, and achievement of fiscal sav- stallations; ent.’’ after ‘‘21 years of age.’’. ings measured in the billions of dollars. (4) a description of the services, policies, (7) The public has a right to expect that and resources of the Department of Defense SA 397. Mr. LEVIN submitted an taxpayer resources will be carefully dis- that are available to assist communities af- amendment intended to be proposed by bursed and honestly spent. fected by the closing or realignment of mili- him to the bill H.R. 1268, making emer- SEC. 7002. SPECIAL COMMITTEE ON WAR AND RE- tary installations as a result of the 2005 gency supplemental appropriations for CONSTRUCTION CONTRACTING. round of base closure and realignment; the fiscal year ending September 30, There is established a special committee of (5) guidance to local communities on the the Senate to be known as the Special Com- establishment of local redevelopment au- 2005, to establish and rapidly imple- ment regulations for State driver’s li- mittee on War and Reconstruction Con- thorities and the implementation of a base tracting (hereafter in this title referred to as redevelopment plan; and cense and identification document se- the ‘‘Special Committee’’). (6) a description of the policies and respon- curity standards, to prevent terrorists SEC. 7003. PURPOSE AND DUTIES. sibilities of the Department of Defense re- from abusing the asylum laws of the (a) PURPOSE.—The purpose of the Special lated to environmental clean-up and restora- United States, to unify terrorism-re- Committee is to investigate the awarding tion of property disposed by the Federal Gov- lated grounds for inadmissibility and and performance of contracts to conduct ernment. removal, to ensure expeditious con- military, security, and reconstruction ac- SA 395. Mrs. FEINSTEIN (for herself, struction of the San Diego border tivities in Afghanistan and Iraq and to sup- port the prosecution of the war on terrorism. ROWNBACK IEBERMAN fence, and for other purposes; which Mr. B , Mr. L , Mr. (b) DUTIES.—The Special Committee shall ALEXANDER, Mr. LEAHY, Mrs. CLINTON, was ordered to lie on the table; as fol- examine the contracting actions described in and Mrs. BOXER) proposed an amend- lows: subsection (a) and report on such actions, in ment to the bill H.R. 1268, making On page 231, between lines 3 and 4, insert accordance with this section, regarding— emergency supplemental appropria- the following: (1) bidding, contracting, accounting, and tions for the fiscal year ending Sep- SEC. 6047. Section 426(d) of the Water Re- auditing standards for Federal Government sources Development Act of 1999 (113 Stat. contracts; tember 30, 2005, to establish and rapidly 326) is amended by striking ‘‘$400,000’’ and in- implement regulations for State driv- (2) methods of contracting, including sole- serting ‘‘$475,000’’. source contracts and limited competition or er’s license and identification docu- noncompetitive contracts; ment security standards, to prevent SA 398. Mr. DORGAN (for himself, (3) subcontracting under large, comprehen- terrorists from abusing the asylum Mr. DURBIN, Mr. LAUTENBERG, and Mr. sive contracts; laws of the United States, to unify ter- HARKIN) submitted an amendment in- (4) oversight procedures;

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.090 S13PT1 S3598 CONGRESSIONAL RECORD — SENATE April 13, 2005 (5) consequences of cost-plus and fixed tion, study, and hearings conducted by the the committee or committees that have ju- price contracting; Special Committee shall be governed by the risdiction over the subject matter of the re- (6) allegations of wasteful and fraudulent Standing Rules of the Senate. port. practices; (b) ADDITIONAL RULES AND PROCEDURES.— SEC. 7008. ADMINISTRATIVE PROVISIONS. (7) accountability of contractors and Gov- The Special Committee may adopt addi- (a) STAFF.— ernment officials involved in procurement tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee and contracting; and ranking member agree that such addi- may employ in accordance with paragraph (8) penalties for violations of law and tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- abuses in the awarding and performance of enable the Special Committee to conduct the tigatory, legal, technical, and other per- Government contracts; and investigation, study, and hearings author- sonnel as the Special Committee, or the (9) lessons learned from the contracting ized by this resolution. Any such additional chairman or the ranking member, considers process used in Iraq and Afghanistan and in rules and procedures— necessary or appropriate. connection with the war on terrorism with (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— respect to the structure, coordination, man- lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee agement policies, and procedures of the Fed- and shall appoint a staff for the majority, a staff eral Government. (2) shall become effective upon publication for the minority, and a nondesignated staff. (c) INVESTIGATION OF WASTEFUL AND in the Congressional Record. (B) MAJORITY STAFF.—The majority staff FRAUDULENT PRACTICES.—The investigation SEC. 7006. AUTHORITY OF SPECIAL COMMITTEE. shall be appointed, and may be removed, by by the Special Committee of allegations of (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- wasteful and fraudulent practices under sub- may exercise all of the powers and respon- eral supervision and direction of the chair- section (b)(6) shall include investigation of sibilities of a committee under rule XXVI of man. allegations regarding any contract or spend- the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff ing entered into, supervised by, or otherwise (b) HEARINGS.—The Special Committee or, shall be appointed, and may be removed, by involving the Coalition Provisional Author- at its direction, any subcommittee or mem- the ranking member of the Special Com- ity, regardless of whether or not such con- ber of the Special Committee, may, for the mittee, and shall work under the general su- tract or spending involved appropriated purpose of carrying out this resolution— pervision and direction of such member. funds of the United States. (1) hold such hearings, sit and act at such (D) NONDESIGNATED STAFF.—Nondesignated (d) EVIDENCE CONSIDERED.—In carrying out times and places, take such testimony, re- staff shall be appointed, and may be re- its duties, the Special Committee shall as- ceive such evidence, and administer such moved, jointly by the chairman and the certain and evaluate the evidence developed oaths as the Special Committee or such sub- ranking member, and shall work under the by all relevant governmental agencies re- committee or member considers advisable; joint general supervision and direction of the garding the facts and circumstances relevant and chairman and ranking member. to contracts described in subsection (a) and (2) require, by subpoena or otherwise, the (b) COMPENSATION.— any contract or spending covered by sub- attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall section (c). and the production of such books, records, fix the compensation of all personnel of the SEC. 7004. COMPOSITION OF SPECIAL COM- correspondence, memoranda, papers, docu- majority staff of the Special Committee. MITTEE. ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member (a) MEMBERSHIP.— Committee considers advisable. shall fix the compensation of all personnel of (1) IN GENERAL.—The Special Committee (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. shall consist of 7 members of the Senate of POENAS.— (3) NONDESIGNATED STAFF.—The chairman whom— (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the (A) 4 members shall be appointed by the section (b) shall bear the signature of the compensation of all nondesignated staff of President pro tempore of the Senate, in con- Chairman of the Special Committee and the Special Committee, within the budget sultation with the majority leader of the shall be served by any person or class of per- approved for such purposes for the Special Senate; and sons designated by the Chairman for that Committee. (B) 3 members shall be appointed by the purpose. (c) REIMBURSEMENT OF EXPENSES.—The minority leader of the Senate. (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- (2) DATE.—The appointments of the mem- macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and bers of the Special Committee shall be made under subsection (a), the United States dis- other necessary expenses incurred by such not later than 90 days after the date of the trict court for the judicial district in which staff members in the performance of their enactment of this Act. the subpoenaed person resides, is served, or functions for the Special Committee. (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring (d) PAYMENT OF EXPENSES.—There shall be cial Committee shall not affect its powers, such person to appear at any designated paid out of the applicable accounts of the but shall be filled in the same manner as the place to testify or to produce documentary Senate such sums as may be necessary for original appointment. or other evidence. Any failure to obey the the expenses of the Special Committee. Such (c) SERVICE.—Service of a Senator as a order of the court may be punished by the payments shall be made on vouchers signed member, chairman, or ranking member of court as a contempt of that court. by the chairman of the Special Committee the Special Committee shall not be taken (d) MEETINGS.—The Special Committee and approved in the manner directed by the into account for the purposes of paragraph may sit and act at any time or place during Committee on Rules and Administration of (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods the Senate. Amounts made available under Senate. of the Senate. this subsection shall be expended in accord- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. 7007. REPORTS. ance with regulations prescribed by the Com- chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- mittee on Rules and Administration of the designated by the majority leader of the Sen- mittee shall submit to the Senate a report Senate. ate, and the ranking member of the Special on the investigation conducted pursuant to SEC. 7009. TERMINATION. Committee shall be designated by the minor- section 7003 not later than 270 days after the The Special Committee shall terminate on ity leader of the Senate. appointment of the Special Committee mem- February 28, 2007. (e) QUORUM.— bers. SEC. 7010. SENSE OF SENATE ON CERTAIN (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- CLAIMS REGARDING THE COALITION jority of the members of the Special Com- mittee shall submit an updated report on PROVISIONAL AUTHORITY. mittee shall constitute a quorum for the pur- such investigation not later than 180 days It is the sense of the Senate that any claim pose of reporting a matter or recommenda- after the submission of the report under sub- of fraud, waste, or abuse under the False tion to the Senate. section (a). Claims Act that involves any contract or (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special spending by the Coalition Provisional Au- Committee shall constitute a quorum for the Committee may submit any additional re- thority should be considered a claim against purpose of taking testimony. port or reports that the Special Committee the United States Government. (3) OTHER BUSINESS.—A majority of the considers appropriate. 1 members of the Special Committee, or ⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The SA 399. Mr. DORGAN submitted an the members of the Special Committee if at reports under this section shall include find- amendment intended to be proposed by least one member of the minority party is ings and recommendations of the Special him to the bill H.R. 1268, Making emer- present, shall constitute a quorum for the Committee regarding the matters considered purpose of conducting any other business of gency supplemental appropriations for under section 7003. the fiscal year ending September 30, the Special Committee. (e) DISPOSITION OF REPORTS.—Any report SEC. 7005. RULES AND PROCEDURES. made by the Special Committee when the 2005, to establish and rapidly imple- (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to ment regulations for State driver’s li- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by cense and identification document se- provided in this resolution, the investiga- the Special Committee shall be referred to curity standards, to prevent terrorists

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.087 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3599 from abusing the asylum laws of the and Mr. OBAMA)) proposed an amend- On page 194, line 19, after the colon insert United States, to unify terrorism-re- ment to the bill H.R. 1268, Making the following: lated grounds for inadmissibility and emergency supplemental appropria- Provided further, That funds appropriated removal, to ensure expeditious con- tions for the fiscal year ending Sep- under this heading shall be subject to the regular notification procedures of the Com- struction of the San Diego border tember 30, 2005, to establish and rapidly mittees on Appropriations, except that such fence, and for other purposes; which implement regulations for State driv- notifications shall be submitted no less than was ordered to lie on the table; as fol- er’s license and identification docu- five days prior to the obligation of funds: lows: ment security standards, to prevent At the end of the bill, add the following: terrorists from abusing the asylum SA 406. Mr. BAYH (for himself, Mr. SEC. ll. (a) None of the funds appro- laws of the United States, to unify ter- PRYOR, and Mr. CORZINE) proposed an priated or made available in this Act or any rorism-related grounds for inadmis- amendment to the bill H.R. 1268, Mak- other Act may be used to fund the inde- sibility and removal, to ensure expedi- ing emergency supplemental appropria- pendent counsel investigation of Henry tions for the fiscal year ending Sep- Cisneros after June 1, 2005. tious construction of the San Diego (b) Not later than July 1, 2005, the Govern- border fence, and for other purposes; as tember 30, 2005, to establish and rapidly ment Accountability Office shall provide the follows: implement regulations for State driv- Committee on Appropriations of each House On page 192, line 19, after ‘‘March 2005,’’ in- er’s license and identification docu- with a detailed accounting of the costs asso- sert ‘‘and the avian influenza virus,’’. ment security standards, to prevent ciated with the independent counsel inves- terrorists from abusing the asylum tigation of Henry Cisneros. SA 403. Mr. COCHRAN (for Mr. laws of the United States, to unify ter- LUGAR (for himself and Mr. BIDEN)) rorism-related grounds for inadmis- SA 400. Mr. JEFFORDS submitted an proposed an amendment to the bill amendment intended to be proposed by sibility and removal, to ensure expedi- H.R. 1268, Making emergency supple- tious construction of the San Diego him to the bill H.R. 1268, Making emer- mental appropriations for the fiscal gency supplemental appropriations for border fence, and for other purposes; as year ending September 30, 2005, to es- follows: the fiscal year ending September 30, tablish and rapidly implement regula- 2005, to establish and rapidly imple- On page 170 between lines 14 and 15, insert tions for State driver’s license and the following: ment regulations for State driver’s li- identification document security CHAPTER 3 cense and identification document se- standards, to prevent terrorists from curity standards, to prevent terrorists abusing the asylum laws of the United SEC. 1201. SHORT TITLE. This chapter may be cited as the ‘‘Patriot from abusing the asylum laws of the States, to unify terrorism-related United States, to unify terrorism-re- Penalty Elimination Act of 2005’’. grounds for inadmissibility and re- SEC. 1202. INCOME PRESERVATION PAY FOR RE- lated grounds for inadmissibility and moval, to ensure expeditious construc- SERVES SERVING ON ACTIVE DUTY removal, to ensure expeditious con- tion of the San Diego border fence, and IN SUPPORT OF A CONTINGENCY OP- struction of the San Diego border for other purposes; as follows: ERATION. (a) AUTHORITY.—Chapter 1209 of title 10, fence, and for other purposes; which On page 171, line 13, strike ‘‘$757,700,000’’ United States Code, is amended by inserting was ordered to lie on the table; as fol- and insert ‘‘$767,200,000’’. after section 12316 the following new section: lows: On page 171, line 21, after ‘‘education:’’ in- ‘‘§ 12316a. Reserves: income preservation pay At the appropriate place, insert the fol- sert the following ‘‘Provided further, That of lowing: the funds appropriated under this heading, ‘‘(a) REQUIREMENT TO PAY.—The Secretary SEC. ll. COVERAGE OF MILK PRODUCTION $17,200,000 should be made available for the of the military department concerned shall UNDER H–2A NONIMMIGRANT WORK- Office of the Coordinator for Reconstruction pay income preservation pay under this sec- ER PROGRAM. and Stabilization:’’. tion to an eligible member of a reserve com- (a) IN GENERAL.—For purposes of the ad- On page 179, line 24, strike ‘‘$40,000,000’’ and ponent of the armed forces in connection ministration of the H–2A worker program in insert ‘‘$30,500,000’’. with the member’s active-duty service as de- a year, work performed in the production of scribed in subsection (b). milk for commercial use for a period not to SA 404. Mr. COCHRAN (for Mr. ‘‘(b) ELIGIBLE MEMBER.—A member is eligi- ble for income preservation pay if— exceed 10 months shall qualify as agriculture LEAHY) proposed an amendment to the labor or services of a seasonal nature. bill H.R. 1268, making emergency sup- ‘‘(1) in the case of a member who is an em- (b) DEFINITIONS.—In this section: ployee of the Federal Government— plemental appropriations for the fiscal (1) H–2A NONIMMIGRANT WORKER PROGRAM.— ‘‘(A) the member is called or ordered to ac- The term ‘‘H–2A nonimmigrant worker pro- year ending September 30, 2005, to es- tive duty (other than voluntarily) under a gram’’ means the program for the admission tablish and rapidly implement regula- provision of law referred to in section to the United States of H–2A nonimmigrant tions for State driver’s license and 101(a)(13)(B) of this title; workers. identification document security ‘‘(B) pursuant to such call or order, the (2) H–2A NONIMMIGRANT WORKERS.—The standards, to prevent terrorists from member serves on active duty outside the term ‘‘H–2A worker’’ means a nonimmigrant abusing the asylum laws of the United United States during at least 6 out of 12 con- alien described in section 101(a)(15)(H)(ii)(a) States, to unify terrorism-related secutive months; and of the Immigration and Nationality Act (8 ‘‘(C) with respect to such active-duty serv- U.S.C. 1101(a)(15)(H)(ii)(a)). grounds for inadmissibility and re- ice, the amount of the member’s preservice moval, to ensure expeditious construc- earned income determined under subpara- SA 401. Mr. COCHRAN (for Mr. tion of the San Diego border fence, and graph (A) of subsection (c)(1) exceeds the MCCONNELL) proposed an amendment for other purposes; as follows: amount of the member’s military service in- to the bill H.R. 1268, Making emer- On page 194, line 7, delete ‘‘Aceh’’ and ev- come determined under subparagraph (B) of gency supplemental appropriations for erything thereafter through ‘‘Service’’ on such subsection; or the fiscal year ending September 30, line 9, and insert in lieu thereof: ‘‘(2) in the case of any other member, the tsunami affected countries member— 2005, to establish and rapidly imple- ‘‘(A) meets the requirements of paragraph ment regulations for State driver’s li- SA 405. Mr. COCHRAN (for Mr. (1); and cense and identification document se- LEAHY) proposed an amendment to the ‘‘(B) is not receiving employment income curity standards, to prevent terrorists bill H.R. 1268, making emergency sup- preservation payments from the qualifying employer of the member as described in sec- from abusing the asylum laws of the plemental appropriations for the fiscal United States, to unify terrorism-re- tion 12316b of this title. year ending September 30, 2005, to es- ‘‘(c) AMOUNT.—(1) Subject to paragraph (2), lated grounds for inadmissibility and tablish and rapidly implement regula- removal, to ensure expeditious con- the amount payable under this section to a tions for State driver’s license and member in connection with active-duty serv- struction of the San Diego border identification document security ice is the amount equal to the excess (if any) fence, and for other purposes; as fol- standards, to prevent terrorists from of— lows: abusing the asylum laws of the United ‘‘(A) the amount computed by multi- On page 193, line 23 of the bill, strike States, to unify terrorism-related plying— ‘‘$500,000’’ and insert in lieu thereof: ‘‘(i) the preservice average monthly earned ‘‘$1,000,000’’. grounds for inadmissibility and re- income of the member, by moval, to ensure expeditious construc- ‘‘(ii) the total number of the member’s SA 402. Mr. COCHRAN (for Mr. tion of the San Diego border fence, and service months for such active-duty service, MCCONNELL (for himself, Mr. LEAHY, for other purposes; as follows: over

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.085 S13PT1 S3600 CONGRESSIONAL RECORD — SENATE April 13, 2005 ‘‘(B) the amount computed by multi- striking the item relating to section 12316 active duty as described in subsection (c) plying— and inserting the following new items: shall be computed by dividing— ‘‘(i) the military service average monthly ‘‘12316. Reserves: payment of other entitle- ‘‘(1) the number of months of employment income of the member, by ment instead of pay and allow- of the member with the qualifying employer ‘‘(ii) the total number of months deter- ances. during the 12-month period preceding the mined under subparagraph (A)(ii). ‘‘12316a. Reserves: income preservation member’s commencement on active duty as ‘‘(2) The total amount of income preserva- pay.’’. described in subsection (c); into tion pay that is paid to a member under this (d) EFFECTIVE DATE.—Section 12316a of ‘‘(2) the total amount of the member’s section may not exceed $10,000. title 10, United States Code (as added by sub- wage or salary paid by the qualifying em- ‘‘(d) PRESERVICE AVERAGE MONTHLY section (a)), shall take effect as of January 1, ployer during such months. EARNED INCOME.—For the purposes of this 2003, and shall apply with respect to active- ‘‘(f) MILITARY SERVICE AVERAGE MONTHLY section, the preservice average monthly duty service that begins on or after such INCOME.—For the purposes of this section, earned income of a member who serves on date. the military service average monthly income active duty as described in subsection (b) of a member who serves on active duty as de- SEC. 1203. EMPLOYMENT INCOME PRESERVATION shall be computed by dividing 12 into the ASSISTANCE GRANTS FOR EMPLOY- scribed in subsection (c) is the amount deter- total amount of the member’s earned income ERS OF RESERVES. mined by dividing— for the 12 months immediately preceding the (a) AUTHORITY.—Chapter 1209 of title 10, ‘‘(1) the sum of the total amount of the member’s first service month of the period United States Code, as amended by section member’s earned income (other than basic for which income preservation pay is to be 1202(a) of this chapter, is further amended by pay, special and incentive pays, and allow- paid to the member under this section. inserting after section 12316a the following ances) and the total amount of the member’s ‘‘(e) MILITARY SERVICE AVERAGE MONTHLY new section: basic pay (under section 204 of title 37), any INCOME.—For the purposes of this section, ‘‘§ 12316b. Reserves: employment income pres- special and incentive pays paid to the mem- the military service average monthly income ervation assistance grants for employers of ber (under chapter 5 of title 37), and any al- of a member who serves on active duty as de- reserves lowances paid to the member (under chapter scribed in subsection (b) is the amount deter- 7 of title 37) for the member’s service months mined by dividing— ‘‘(a) REQUIREMENT TO MAKE GRANTS.—The for such active-duty service, by ‘‘(1) the sum of the total amount of the Secretary of the military department con- ‘‘(2) the total number of such months. cerned shall make a grant to each qualifying member’s earned income (other than basic ‘‘(g) DEFINITIONS.—In this section: pay, special and incentive pays, and allow- employer to assist such employer in making ‘‘(1) The term ‘‘earned income’’ has the ances) and the total amount of the member’s employment income preservation payments meaning given such term in section 32(c)(2) basic pay (under section 204 of title 37), any to a covered member of a reserve component of the Internal Revenue Code of 1986. special and incentive pays paid to the mem- of the armed forces who is an employee of ‘‘(2) The term ‘service month’, with respect ber (under chapter 5 of title 37), and any al- such employer to assist the member in pre- to service of a member of a reserve compo- lowances paid to the member (under chapter serving the preservice average monthly wage nent of the armed forces on active duty, 7 of title 37) for the member’s service months or salary of the member in connection with means a month during any part of which the for such active-duty service, by the member’s active-duty service as de- member serves on active duty. scribed in subsection (c). ‘‘(2) the total number of such months. ‘‘(h) TERMINATION OF AUTHORITY.—This sec- ‘‘(b) QUALIFYING EMPLOYER.—(1) Except as ‘‘(f) TIME AND MANNER OF PAYMENT.—(1) tion shall cease to be effective on the first provided in paragraph (2), for the purposes of Subject to paragraph (2), the total amount of day of the first month that begins on or after this section, a qualifying employer is any income preservation pay that is payable the date that is five years after the date of employer who makes employment income under this section to a member in connec- the enactment of the Patriot Penalty Elimi- preservation payments to a covered member tion with service on active duty is due and nation Act of 2005.’’. to assist the member in preserving the payable, in one lump sum, not later than 30 (b) CLERICAL AMENDMENT.—The table of preservice average monthly wage or salary of days after the date on which the member is sections at the beginning of chapter 1209 of the member in connection with the mem- released from the active duty. title 10, United States Code, as amended by ber’s active-duty service as described in sub- ‘‘(2) The Secretary concerned may make section 1202(c) of this chapter, is further by section (c). advance payment of income preservation pay inserting after the item relating to section ‘‘(2) A State or local government is not a in whole or in part under this section to a 12316a the following new item: qualifying employer for the purpose of this member, under such terms and conditions as ‘‘12316b. Reserves: income preservation as- the Secretary determines appropriate, if it is section. ‘‘(c) COVERED MEMBER.—For the purposes sistance grants for employers of clear from the circumstances that it is like- of this section, a member is a covered mem- reserves.’’. ly that the member’s active-duty service will ber if— satisfy the requirements of subsection (b). In (c) EFFECTIVE DATE.—Section 12316b of ‘‘(1) the member is called or ordered to ac- any case in which advance payment is made title 10, United States Code (as added by sub- tive duty (other than voluntarily) under a to a member whose period of such active- section (a)), shall take effect as of January 1, provision of law referred to in section duty service does not satisfy such require- 2003, and shall apply with respect to active- 101(a)(13)(B) of this title; ments, the Secretary concerned may waive duty service that begins on or after such ‘‘(2) pursuant to such call or order, the recoupment of the advance payment if the date. member serves on active duty outside the Secretary determines that recoupment United States during at least 6 out of 12 con- would be against equity and good conscience SA 407. Mr. REID submitted an secutive months; and or would be contrary to the best interests of amendment intended to be proposed by ‘‘(3) with respect to such active-duty serv- the United States. him to the bill H.R. 1268, Making emer- ice, the amount of the member’s preservice ‘‘(g) DEFINITIONS.—In this section: gency supplemental appropriations for average monthly wage or salary (as deter- ‘‘(1) The term ‘‘earned income’’ has the mined under subsection (e)) exceeds the the fiscal year ending September 30, meaning given such term in section 32(c)(2) amount of the member’s military service av- 2005, to establish and rapidly imple- of the Internal Revenue Code of 1986. erage monthly income (as determined under ment regulations for State driver’s li- ‘‘(2) The term ‘service month’, with respect subsection (f)). cense and identification document se- to service of a member of a reserve compo- ‘‘(d) EMPLOYMENT INCOME PRESERVATION nent of the armed forces on active duty, curity standards, to prevent terrorists PAYMENTS.—(1) For the purposes of this sec- means a month during any part of which the from abusing the asylum laws of the tion, employment income preservation pay- member serves on active duty. United States, to unify terrorism-re- ments are any payments made by a quali- ‘‘(h) TERMINATION OF AUTHORITY.—This sec- lated grounds for inadmissibility and fying employer to a covered member in con- tion shall cease to be effective on the first nection with the active-duty service of the removal, to ensure expeditious con- day of the first month that begins on or after member described in subsection (c) in order struction of the San Diego border the date that is five years after the date of to make up any excess of the member’s fence, and for other purposes; which the enactment of the Patriot Penalty Elimi- preservice average monthly wage or salary nation Act of 2005.’’. was ordered to lie on the table; as fol- over the member’s military service average (b) RECHARACTERIZATION OF EXISTING SEC- lows: monthly income. TION ON PAYMENT OF CERTAIN RESERVES ON On page 211, strike lines 3 through 8 and in- ‘‘(2) The total amount of employment in- ACTIVE DUTY.—The heading of section 12316 sert the following: come preservation payments with respect to of title 10, United States Code, is amended to a covered member for which a grant may be AGRICULTURAL AND NATURAL RESOURCES OF read as follows: made under subsection (a) may not exceed THE WALKER RIVER BASIN ‘‘§ 12316. Reserves: payment of other entitle- $10,000. SEC. 6017. (a)(1) Using amounts made avail- ment instead of pay and allowances’’. ‘‘(e) PRESERVICE AVERAGE MONTHLY WAGE able under section 2507 of the Farm and Se- (c) CLERICAL AMENDMENT.—The table of OR SALARY.—For the purposes of this sec- curity Rural Investment Act of 2002 (43 sections at the beginning of chapter 1209 of tion, the preservice average monthly wage or U.S.C. 2211 note; Public Law 107–171), the title 10, United States Code, is amended by salary of a covered member who serves on Secretary of the Interior (referred to in this

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.091 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3601 section as the ‘‘Secretary’’), acting through SA 408. Mrs. FEINSTEIN (for herself any period of service (or portion of such pe- the Commissioner of Reclamation, shall pro- and Mrs. BOXER) submitted an amend- riod) described under section 6341(b) of title vide not more than $850,000 to pay the State ment intended to be proposed by her to 5, United States Code (as added by this sec- of Nevada’s share of the costs for the Hum- tion) that begins on or after the date of en- boldt Project conveyance required under— the bill H.R. 1268, Making emergency actment of this Act. (A) title VIII of the Clark County Con- supplemental appropriations for the servation of Public Land and Natural Re- fiscal year ending September 30, 2005, sources Act of 2002 (116 Stat. 2016); and to establish and rapidly implement SA 410. Mr. ENSIGN submitted an (B) section 217(a)(3) of the Energy and regulations for State driver’s license amendment intended to be proposed by Water Development Appropriations Act, 2004 and identification document security him to the bill H.R. 1268, Making emer- (117 Stat. 1853). standards, to prevent terrorists from gency supplemental appropriations for (2) Amounts provided under paragraph (1) may be used to pay— abusing the asylum laws of the United the fiscal year ending September 30, (A) administrative costs; States, to unify terrorism-related 2005, to establish and rapidly imple- (B) the costs associated with complying grounds for inadmissibility and re- ment regulations for State driver’s li- with— moval, to ensure expeditious construc- cense and identification document se- (i) the National Environmental Policy Act tion of the San Diego border fence, and curity standards, to prevent terrorists of 1969 (42 U.S.C. 4321 et seq.); and for other purposes; which was ordered from abusing the asylum laws of the (ii) the National Historic Preservation Act to lie on the table; as follows: United States, to unify terrorism-re- (16 U.S.C. 470 et seq.); and lated grounds for inadmissibility and (C) real estate transfer costs. On page 231, between lines 3 and 4, insert (b)(1) Using amounts made available under the following: removal, to ensure expeditious con- section 2507 of the Farm and Security Rural SEC. 6047. None of the funds made available struction of the San Diego border Investment Act of 2002 (43 U.S.C. 2211 note; by this or any other Act may be used by the fence, and for other purposes; which Public Law 107–171), the Secretary shall pro- Secretary of Energy to provide assistance to was ordered to lie on the table; as fol- vide not more than $70,000,000 to the Univer- any affected unit of local government under lows: sity of Nevada— section 116(c) of the Nuclear Waste Policy On page 231, after line 3, insert the fol- (A) to acquire from willing sellers land, Act of 1982 (42 U.S.C. 10136(c)) using a funding lowing: water, and related interests in the Walker distribution formula other than that used to (e) The referenced statement of managers River Basin, Nevada; and provide assistance for fiscal year 2004. under the heading ‘‘Community Develop- (B) to establish and administer an agricul- ment Fund’’ in title II of division G of Public tural and natural resources center, the mis- SA 409. Mr. JEFFORDS submitted an Law 108–199 is deemed to be amended with re- sion of which shall be to undertake research, amendment intended to be proposed by spect to item number 450 by striking the restoration, and educational activities in the him to the bill H.R. 1268, Making emer- ‘‘V.I.C.T.M. Family Center in Washoe Coun- Walker River Basin relating to— gency supplemental appropriations for ty, Nevada, for the construction of a facility (i) innovative agricultural water conserva- for multi-purpose social services referral and tion; the fiscal year ending September 30, 2005, to establish and rapidly imple- victim counseling;’’ and inserting ‘‘Washoe (ii) cooperative programs for environ- County, Nevada, for a facility and equipment mental restoration; ment regulations for State driver’s li- for the SART/CARES victim programs;’’. (iii) fish and wildlife habitat restoration; cense and identification document se- and curity standards, to prevent terrorists SA 411. Mr. SESSIONS (for Mr. BAU- (iv) wild horse and burro research and from abusing the asylum laws of the CUS (for himself, Mr. GRASSLEY, Ms. adoption marketing. United States, to unify terrorism-re- LANDRIEU, Mr. LOTT, Mrs. FEINSTEIN, (2) In acquiring land, water, and related in- terests under paragraph (1)(A), the Univer- lated grounds for inadmissibility and Mr. VITTER, Mr. NELSON of Florida, Mr. sity of Nevada shall make acquisitions that removal, to ensure expeditious con- BOND, and Mr. MARTINEZ)) proposed an the University determines are the most ben- struction of the San Diego border amendment to the bill H.R. 1134, to eficial to— fence, and for other purposes; which amend the Internal Revenue Code of (A) the establishment and operation of the was ordered to lie on the table; as fol- 1986 to provide for the proper tax treat- agricultural and natural resources research lows: ment of certain disaster mitigation center authorized under paragraph (1)(B); payments; as follows: and On page 231, between lines 3 and 4, insert (B) environmental restoration in the Walk- the following: Strike all after the enacting clause and in- er River Basin. SEC. 6047. VOLUNTARY LEAVE TRANSFERS FOR sert the following: (c)(1) Using amounts made available under FEDERAL EMPLOYEES WITH SEC. ll. PROPER TAX TREATMENT OF CERTAIN section 2507 of the Farm and Security Rural SPOUSES ON ACTIVE DUTY WITH DISASTER MITIGATION PAYMENTS. Investment Act of 2002 (43 U.S.C. 2211 note; THE NATIONAL GUARD OR RE- (a) QUALIFIED DISASTER MITIGATION PAY- Public Law 107–171), the Secretary shall pro- SERVES. MENTS EXCLUDED FROM GROSS INCOME.— vide not more than $10,000,000 for a water (a) IN GENERAL.—Chapter 63 of title 5, (1) IN GENERAL.—Section 139 of the Internal lease and purchase program for the Walker United States Code, is amended by inserting Revenue Code of 1986 (relating to disaster re- River Paiute Tribe. after section 6340 the following: lief payments) is amended by adding at the (2) Water acquired under paragraph (1) ‘‘§ 6341. National Guard and reserve service end the following new subsections: shall be— ‘‘(g) QUALIFIED DISASTER MITIGATION PAY- ‘‘(a) The Office of Personnel Management (A) acquired only from willing sellers; and MENTS.— shall prescribe regulations to treat any pe- (B) designed to maximize water convey- ‘‘(1) IN GENERAL.—Gross income shall not riod of service described under subsection (b) ances to Walker Lake. include any amount received as a qualified (d) Using amounts made available under in the same manner and to the same extent disaster mitigation payment. section 2507 of the Farm and Security Rural as a period of a medical emergency. ‘‘(2) QUALIFIED DISASTER MITIGATION PAY- Investment Act of 2002 (43 U.S.C. 2211 note; ‘‘(b) The period of service referred to under MENT DEFINED.—For purposes of this section, Public Law 107–171), the Secretary shall pro- subsection (a) is any period of service per- the term ‘qualified disaster mitigation pay- vide— formed by the spouse of an employee while ment’ means any amount which is paid pur- (1) $10,000,000 for tamarisk eradication, ri- that spouse— suant to the Robert T. Stafford Disaster Re- parian area restoration, and channel restora- ‘‘(1) is a member of a reserve component of lief and Emergency Assistance Act (as in ef- tion efforts within the Walker River Basin the Armed Forces as described under section fect on the date of the enactment of this sub- that are designed to enhance water delivery 10101 of title 10; and section) or the National Flood Insurance Act to Walker Lake, with priority given to ac- ‘‘(2) is serving on active duty in the Armed (as in effect on such date) to or for the ben- tivities that are expected to result in the Forces in support of a contingency operation efit of the owner of any property for hazard greatest increased water flows to Walker as defined under section 101(a)(13) of title mitigation with respect to such property. Lake; and 10.’’. Such term shall not include any amount re- (2) $5,000,000 to the United States Fish and (b) TECHNICAL AND CONFORMING AMEND- ceived for the sale or disposition of any prop- Wildlife Service, the Walker River Paiute MENT.—The table of sections for chapter 63 of erty. Tribe, and the Nevada Division of Wildlife to title 5, United States Code, is amended by in- ‘‘(3) NO INCREASE IN BASIS.—Notwith- undertake activities, to be coordinated by serting after the item relating to section 6340 standing any other provision of this subtitle, the Director of the United States Fish and the following: no increase in the basis or adjusted basis of Wildlife Service, to complete the design and ‘‘6341. National Guard and reserve serv- any property shall result from any amount implementation of the Western Inland Trout ice. ’’. excluded under this subsection with respect Initiative and Fishery Improvements in the (c) EFFECTIVE DATE.—The amendments to such property. State of Nevada with an emphasis on the made by this section shall take effect on the ‘‘(h) DENIAL OF DOUBLE BENEFIT.—Notwith- Walker River Basin. date of enactment of this Act and apply to standing any other provision of this subtitle,

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.091 S13PT1 S3602 CONGRESSIONAL RECORD — SENATE April 13, 2005 no deduction or credit shall be allowed (to COMMITTEE ON ENVIRONMENT AND PUBLIC mittee on Homeland Security and Gov- the person for whose benefit a qualified dis- WORKS ernmental Affairs be authorized to aster relief payment or qualified disaster Mr. COCHRAN. Mr. President, I ask meet on Wednesday, April 13, 2005 at mitigation payment is made) for, or by rea- unanimous consent that the Com- 11:00 a.m. to hold a business meeting to son of, any expenditure to the extent of the mittee on Environment and Public consider pending Committee business. amount excluded under this section with re- Works be authorized to meet on spect to such expenditure.’’. Wednesday, April 13, 2005 at 9:15 a.m. to AGENDA (2) CONFORMING AMENDMENTS.— (A) Subsection (d) of section 139 of such conduct a business meeting on the fol- Legislation lowing agenda: Code is amended by striking ‘‘a qualified dis- S. 21, Homeland Security Grant En- aster relief payment’’ and inserting ‘‘quali- Nominations: Stephen Johnson, nom- fied disaster relief payments and qualified inated by the President to be the Ad- hancement Act of 2005; S. 335, a bill to disaster mitigation payments’’. ministrator of the United States Envi- reauthorize the Congressional Award (B) Subsection (e) of section 139 of such ronmental Protection Agency (EPA); Act; S. 494, Federal Employee Protec- Code is amended by striking ‘‘and (f)’’ and Luis Luna, nominated by the President tion of Disclosures Act; and S. 501, a inserting ‘‘, (f), and (g)’’. to be EPA’s Assistant Administrator bill to provide a site for the National (b) CERTAIN DISPOSITIONS OF PROPERTY for Administration and Resource Man- Women’s History Museum in the Dis- UNDER HAZARD MITIGATION PROGRAMS trict of Columbia. TREATED AS INVOLUNTARY CONVERSIONS.— ager; John Paul Woodley, Jr., nomi- Section 1033 of such Code (relating to invol- nated by the President to be Assistant Committee Reports untary conversions) is amended by redesig- Secretary of the Army for Civil Works; nating subsection (k) as subsection (l) and by Major General Don Riley, United Report of the Permanent Sub- inserting after subsection (j) the following States Army, nominated by the Presi- committee on Investigations, titled: new subsection: dent to be a Member and President of ‘‘The Role of the Professional Firms in ‘‘(k) SALES OR EXCHANGES UNDER CERTAIN the Mississippi River Commission; the U.S. Tax Shelter Industry’’; and re- HAZARD MITIGATION PROGRAMS.—For pur- Brigadier General William T. Grisoli, port of the Permanent Subcommittee poses of this subtitle, if property is sold or United States Army, nominated by the on Investigations, titled: ‘‘Profiteering otherwise transferred to the Federal Govern- President to be a Member of the Mis- in a Non-Profit Industry: Abusive Prac- ment, a State or local government, or an In- tices in Credit Counseling.’’ dian tribal government to implement hazard sissippi River Commission; D. Michael mitigation under the Robert T. Stafford Dis- Rappoport, nominated by the President THE PRESIDING OFFICER. Without aster Relief and Emergency Assistance Act to be a Member of the Board of Trust- objection, it is so ordered. (as in effect on the date of the enactment of ees of the Morris K. Udall Foundation; COMMITTEE ON INDIAN AFFAIRS this subsection) or the National Flood Insur- and Michael Butler, nominated by the Mr. COCHRAN. Mr. President, I ance Act (as in effect on such date), such sale President to be a Member of the Board would like to announce that the Com- or transfer shall be treated as an involuntary of Trustees of the Morris K. Udall mittee on Indian Affairs will meet on conversion to which this section applies.’’. Foundation. (c) EFFECTIVE DATE.— Wednesday, April 13, 2005, at 9:30 a.m. Resolution: A resolution authorizing (1) QUALIFIED DISASTER MITIGATION PAY- in Room 485 of the Russell Senate Of- MENTS.—The amendments made by sub- alteration of the James L. King Fed- fice Building to conduct an oversight section (a) shall apply to amounts received eral Justice Building in Miami, Flor- hearing on Indian Health. before, on, or after the date of the enactment ida; and Committee resolution for the THE PRESIDING OFFICER. Without of this Act. Calumet Harbor and River, Illinois. objection, it is so ordered. (2) DISPOSITIONS OF PROPERTY UNDER HAZ- Legislation: Water Resources Devel- COMMITTEE ON THE JUDICIARY ARD MITIGATION PROGRAMS.—The amend- opment Act of 2005. ments made by subsection (b) shall apply to The hearing will be held in SD–406. Mr. COCHRAN. Mr. President, I ask sales or other dispositions before, on, or The PRESIDING OFFICER. Without unanimous consent that the Com- after the date of the enactment of this Act. objection, it is so ordered. mittee on Judiciary be authorized to meet to conduct a hearing on Wednes- f COMMITTEE ON FINANCE Mr. COCHRAN. Mr. President, I ask day, April 13, 2005, at 9:30 a.m. on ‘‘Se- AUTHORITY FOR COMMITTEES TO unanimous consent that the Com- curing Electronic Personal Data: MEET mittee on Finance be authorized to Striking a Balance Between Privacy meet during the session on Wednesday, and Commercial and Governmental COMMITTEE ON BANKING, HOUSING, AND URBAN April 13, 2005, at 10 a.m., to hear testi- Use.’’ The hearing will take place in AFFAIRS mony on ‘‘The U.S.-Central America- the Dirksen Senate Office Building Mr. COCHRAN. Mr. President, I ask Dominican Republic Free Trade Agree- Room 226. unanimous consent that the Com- ment.’’ Witness List mittee on Banking, Housing, and The PRESIDING OFFICER. Without Urban Affairs be authorized to meet objection, it is so ordered. Panel I: Deborah Platt Majoras, during the session of the Senate on COMMITTEE ON FOREIGN RELATIONS Chairman, Federal Trade Commission, April 13, 2005, at 10 a.m., to conduct a Mr. COCHRAN. Mr. President, I ask Washington, DC; Chris Swecker, As- hearing on ‘‘The Federal Home Loan unanimous consent that the Com- sistant Director for the Criminal Inves- Bank System.’’ mittee on Foreign Relations be author- tigative Division, Federal Bureau of In- The PRESIDING OFFICER. Without ized to meet during the session of the vestigation, Washington, DC; Larry D. objection, it is so ordered. Senate on Wednesday, April 13, 2005, at Johnson, Special Agent in Charge, COMMITTEE ON ENERGY AND NATURAL 9:30 a.m. to hold a nomination hearing. Criminal Investigative Division, U.S. RESOURCES The PRESIDING OFFICER. Without Secret Service; Washington, DC; and Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. William H. Sorrell, President, National unanimous consent that the Com- COMMITTEE ON HEALTH, EDUCATION, LABOR, Association of Attorneys General, mittee on Energy and Natural Re- AND PENSIONS Montpelier, VT. sources be authorized to meet during Mr. COCHRAN. Mr. President, I ask Panel II: Douglas C. Curling, Presi- the session of the Senate on Wednes- unanimous consent that the Com- dent, Chief Operating Officer and Di- day, April 13 at 11:30 a.m. in room SD– mittee on Health, Education, Labor rector, ChoicePoint Inc., Alpharetta, 366 to consider pending calendar busi- and Pensions meet in executive session GA; Kurt P. Sanford, President & CEO, ness. during the session of the Senate on U.S. Corporate & Federal Markets, Agenda Item 1: To consider the nomi- Wednesday, April 13, 2005, at 10 a.m. in LexisNexis Group, Miamisburg, OH; nation of David Garman, to be Under SD–430. Jennifer T. Barrett, Chief Privacy Offi- Secretary of Energy. THE PRESIDING OFFICER. Without cer, Acxiom Corp., Little Rock, AR; In addition, the Committee may turn objection, it is so ordered. James X. Dempsey, Executive Director, to any other measures that are ready COMMITTEE ON HOMELAND SECURITY AND Center for Democracy & Technology, for consideration. GOVERNMENTAL AFFAIRS Washington, DC; and Robert Douglas, The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I ask CEO, PrivacyToday.com, Steamboat objection, it is so ordered. unanimous consent that the Com- Springs, CO.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.089 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3603 THE PRESIDING OFFICER. Without Jantzen, a Defense fellow in the office least 100 hours illegally. And then, if objection, it is so ordered. of Senator MIKULSKI, be granted floor they worked 2,060 hours during a period SELECT COMMITTEE ON INTELLIGENCE privileges during the consideration of of 6 years, they then are adjusted to Mr. COCHRAN. Mr. President, I ask H.R. 1268, the emergency supplemental legal permanent residents, what most unanimous consent that the Select appropriations bill. people call green card holders, a status Committee on Intelligence be author- The PRESIDING OFFICER. Without that is a guaranteed track or pass to ized to meet during the session of the objection, it is so ordered. citizenship, and they can bring their Senate on April 13, 2005, at 2:30 p.m. to f families with them. This bill will take 1 million people, hold a closed hearing. IMMIGRATION LEGISLATION AND The PRESIDING OFFICER. Without and it will put them on a guaranteed THE EMERGENCY SUPPLE- objection, it is so ordered. track to citizenship, people who have MENTAL APPROPRIATIONS BILL come here illegally. SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS AND PROPERTY RIGHTS Mr. SESSIONS. Mr. President, I am Now, what about the people who have Mr. COCHRAN. Mr. President, I ask very troubled that on this Defense sup- followed these H–1B, H–2B visa pro- unanimous consent that the Sub- plemental bill, designed to provide the grams who have worked here legally? committee on the Constitution, Civil resources necessary for our soldiers in Can they get advantage of this track? Rights and Property Rights be author- the field to defend themselves and exe- Do they get put on a process by which they become citizens? No. It is only the ized to meet to conduct a hearing on cute the policy of the United States of people who are here illegally. ‘‘Less Faith in Judicial Credit: Are America against a hostile force, we are This is a bad principle. It is a matter Federal and State Marriage Protection now moving into a prolonged and con- tentious debate over one of the issues of very serious import for law. I was a Initiatives Vulnerable to Judicial Ac- Federal prosecutor for 15 years. It tivism?’’ for Wednesday, April 13, 2005 that all of us must admit is critically divisive and contentious and important hurts me to see the indifference by at 2 p.m. in SD–226. which our Nation has handled our legal Witness List: Mr. Lynn Wardle, Pro- in our country; and that is, the immi- system regarding immigration. fessor of Law, Brigham Young Univer- gration question. As we all know, the 9/11 Commission Should we allow more people to come sity, J. Reuben Clark Law School, here under legitimate conditions? Ab- Provo, UT; Mr. Gerard Bradley, Pro- made several recommendations involv- ing security issues affecting this coun- solutely. I am for that, legally. I am fessor of Law, University of Notre prepared to discuss that. But I am not Dame Law School, Notre Dame, IN.; try, particularly in identification and better control over those who would for a plan that guarantees amnesty for and Dr. Kathleen Moltz, Assistant Pro- people who have come here illegally come into our country, particularly fessor, Wayne State University School and not providing the benefits to those those trying to come in illegally. That of Medicine, Detroit, MI. who may be talented, maybe have the was debated in the intelligence bill. The PRESIDING OFFICER. Without skills we need right now, those who do Then an agreement was reached. The objection, it is so ordered. not have connections to criminal or House decided to put in that REAL ID SUBCOMMITTEE ON PERSONNEL terrorist groups. We ought to be work- language, designed to be consistent Mr. COCHRAN. Mr. President, I ask ing on that angle of it. with the recommendations of the 9/11 unanimous consent that the Sub- I am a team player and I want to see Commission for security purposes—not committee on Personnel be authorized things done right, in this Senate. I to meet during the session of the Sen- an immigration bill, security bill lan- want to see our leadership succeed. I ate on April 13, 2005, at 1:30 p.m., in guage, their version of it. This Senate want to see good policy executed. But open session to receive testimony on has not put any such language in the we are not going to take this issue active and reserve military and civil- bill at this time. lightly. I suggest that it would be an I will say this. That is one thing. I, as ian personnel programs, in review of abdication of our responsibility as Sen- the defense authorization request for a prosecutor, and somebody who has ators if we allow this to be rammed fiscal year 2006. served on the Judiciary Committee— through, attached to a bill, without the The PRESIDING OFFICER. Without and we have wrestled with this for American people knowing what we are objection, it is so ordered. some time—have come to the very firm doing. They need to know this. It is conclusion that the Sensenbrenner lan- SUBCOMMITTEE ON READINESS AND going to take some time for them to MANAGEMENT SUPPORT guage is important for our security. We learn what is being considered here. Mr. COCHRAN. Mr. President, I ask need to do something like this. We Senators need to learn what is in this unanimous consent that the Sub- have waited too long, I believe. That is bill. They don’t know yet. committee on Readiness and Manage- my view. This AgJOBS bill had 60-something ment Support be authorized to meet But now on this floor I am advised we cosponsors last year. Now I understand during the session of the Senate on are going to have the Mikulski immi- it is down to 45. Why? People are read- April 13, 2005, at 10 a.m., in open ses- gration bill offered, and then we are ing this thing. It is bad law, bad policy. sion to receive testimony on high risk going to have the Craig-Kennedy You tell me—this will be the second areas in the management of the De- AgJOBS bill, which is a bill breath- time we have passed an amnesty bill, if partment of Defense in review of the taking in its scope, an absolute legisla- AgJOBS were to become law. Passing defense authorization request for fiscal tive approval of amnesty in an incred- another amnesty bill would do nothing year 2006. ible scope, and absolutely contrary to more than send the signal to those The PRESIDING OFFICER. Without the very generous but liberal position around the world who would like to objection, it is so ordered. President Bush has taken with regard come to the United States that the SUBCOMMITTEE ON TRADE, TOURISM, AND to immigration. That is going to be run best way to become a citizen is to come ECONOMIC DEVELOPMENT through on this Defense supplemental, in illegally and hang on; they will Mr. COCHRAN. Mr. President, I ask and we are going to have to vote on it. never do anything to you, and eventu- unanimous consent that the Sub- The committees have not studied it. ally there will be another amnesty out committee on Trade, Tourism, and We have not looked at all the alter- there? That is why we are concerned Economic Development be authorized natives that might be considered or about it. to meet on S. 714—Junk Fax Preven- other legislation that I am interested Yes, there are hardship cases. Yes, we tion Act, on Wednesday, April 13, 2005, in, such as legislation that would em- want to be fair to everybody. We want at 2:30 p.m. power our local law enforcement to be to be more than fair. We want to be The PRESIDING OFFICER. Without better participants in this entire activ- generous. But we have to be careful if objection, it is so ordered. ity. All of that will be swept away, and we have any respect for law. Some- f we will come through with a bill where times people think in this body— we give a million-plus people, who are maybe they have never had to deal PRIVILEGE OF THE FLOOR here in our country illegally—they with it as I have—that laws don’t have Mrs. MURRAY. Mr. President, I ask would be granted temporary resident much import. They do. They are impor- unanimous consent that Linda status, by proving that they worked at tant. They make statements. A society

VerDate Aug 04 2004 05:27 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.093 S13PT1 S3604 CONGRESSIONAL RECORD — SENATE April 13, 2005 that cannot set rules and enforce those The PRESIDING OFFICER. Without ernment changed the rules and never rules is not a healthy society. If you objection, it is so ordered. The clerk made the recipients aware of the poten- would like to know why America is the will report the bill by title. tial tax consequences. greatest, most productive, most free The assistant journal clerk read as I compliment the House for taking up country in the history of the world, it follows: this issue and passing legislation that is our commitment to the rule of law. A bill (H.R. 1134) to amend the Internal helps taxpayers who receive mitigation This process is undermining respect Revenue Code of 1986 to provide for the prop- grants after the date of enactment. for law in a way that I have not seen er tax treatment of certain disaster mitiga- However, there is a flaw in the House tion payments. before, maybe since Prohibition. I bill. The bill clearly provides tax relief think we can improve immigration There being no objection, the Senate to ‘‘amounts received after the date of law. We can be generous with people proceeded to consider the bill. enactment.’’ What about taxpayers and try to help them and their families Mr. BAUCUS. Mr. President, today, who received mitigation grants in 2004 and create something. But it is going we will pass legislation in the Senate or 2003 and before? The chairman of the to take a good while. It is going to that provides tax relief to all Ameri- Finance Committee and I have added take some hard work. cans receiving disaster mitigation an amendment that provides absolute I for one am not going quietly on this grants from the Federal Emergency certainty for all taxpayers who re- bill. We are going to take time. We are Management Agency, FEMA. I am ceived grants in past years. Some have going to have debate. We are going to pleased that my good friend, Senator argued that the Department of the delay this important defense supple- GRASSLEY, and I, along with my col- Treasury can provide tax relief for mental bill now to go off on this tan- leagues, Senators LANDRIEU, BOND, those who received grants prior to the gent. But I hope and pray that some- FEINSTEIN, LOTT, MARTINEZ, NELSON, date of enactment by using the intent how our leadership and those who are and VITTER could work together to add gleaned from floor statements and let- interested in these issues can find a a necessary and important amendment ters from Members of Congress. Let me way to put this off for now. Let this to H.R. 1134, which exempts disaster be clear, Congress writes laws and the bill get passed. mitigation payments from taxation. clearest intent is in the letter of the Let’s talk about this issue as part of For 15 years, FEMA has awarded nat- law. If our intent is to provide tax re- a comprehensive debate. If we did that, ural disaster mitigation grants that as- lief for those who received grants be- we would be serving our constituents a sist citizens, businesses and commu- fore the date of enactment, we should lot better than what we are doing nities to take steps to prevent or miti- write it into the law. And that is what today. gate damages from future natural dis- the amendment my good friend Sen- If we go forward and we ram this asters. The grants go towards elevating ator GRASSLEY and I have offered. through without the kind of hearings, buildings in floodplains, flood proofing, debate, taking testimony, studying seismic reinforcement, acquisitions or Before I finish, I want to thank Sen- data, do all that kinds of stuff, our con- relocations, wind protections for roofs ators LANDRIEU, NELSON and FEINSTEIN stituents are not going to be happy and strengthening of window protec- for their tireless work. I can tell you with us. As a matter of fact, I think tions. These grants provide a long-term firsthand there was a significant they are going to rightly be upset with benefit to society by reducing future amount of pressure to pass this bill as us. It is a tactic that should not be loss of life and increasing public safety. it was sent from the House. We all done on a matter of this importance. In addition to these life-saving bene- wanted to pass this bill as quickly as I wanted to make that comment. I fits, mitigation grants also provide a possible, but we also wanted to be sure know at some point we will be moving net cost benefit to society. FEMA con- we got it right the first time. This bill forward with the bill. Hopefully the ducts a cost-benefit analysis prior to does that. leadership can work with those who are awarding a grant that ensures the cost I sincerely hope the House will do the interested in these issues and create a of funding a project is less than the right thing and pass this bill with the mechanism at some point in the future damages expected to occur in the event Senate amendment before the tax fil- where it can be fully debated. I am not of a disaster. FEMA estimates that for ing deadline on Friday. prepared to allow such a tremendously every dollar spent on mitigation, an Ms. LANDRIEU. Mr. President, last significant piece of legislation as the average of eight dollars is saved in the year the Internal Revenue Service hit AgJOBS bill to go through without a long run. my State like a Category 4 hurricane full debate. Every minute that is avail- Let me take a minute to explain the when it determined that disaster miti- able to this Senate to debate it should history of the tax issue at hand. Prior gation benefits from the Federal Emer- be put on it. The American people need to June of last year, recipients of gency Management Agency are tax- to know what is happening on the floor FEMA mitigation grants generally ex- able. We get hurricane warnings when of the Senate right now. Maybe when cluded them from income. The tax code a storm is coming, we can track their we have a vote, we will have the right states clearly that post-disaster grants paths as they come out of the outcome. were not taxable. But the tax code Carribean and into the Gulf of Mexico. I yield the floor and suggest the ab- doesn’t specifically describe the tax We didn’t get any kind of ‘‘tax warn- sence of a quorum. treatment of mitigation grants. FEMA ing’’ from the IRS, but the financial The PRESIDING OFFICER. The assumed mitigation grants were treat- toll on many of my constituents was clerk will call the roll. devastating. The assistant journal clerk proceeded ed the same as post-disaster relief to call the roll. grants. However, on June 28, 2004, the Let me explain what happened. In Mr. SESSIONS. Mr. President, I ask Internal Revenue Service issued a legal June of last year, the IRS chief counsel unanimous consent that the order for memorandum stating these mitigation issued an advice letter that determined the quorum call be rescinded. grants were taxable as income. That that FEMA disaster mitigation bene- The PRESIDING OFFICER. Without means that someone who took advan- fits were taxable as a matter of law. objection, it is so ordered. tage of mitigation opportunities to pre- This ruling applied to a variety mitiga- f vent future losses would face a signifi- tion grant programs, covering a wide cant tax liability. The average mitiga- range of natural disasters. The main INTERNAL REVENUE CODE OF 1986 tion grant is $83,000. That means the disasters that concern us in Louisiana AMENDED TO PROVIDE FOR average tax on a grant is tens of thou- are hurricanes and flooding. They are PROPER TAX TREATMENT OF sands of dollars. That isn’t fair. It was as much a part of life as crawfish boils CERTAIN DISASTER MITIGATION never intended that taxes be collected and Mardi Gras. The key to our peace PAYMENTS under these mitigation programs, but of mind is the National Flood Insur- Mr. SESSIONS. Mr. President, I ask under the legal memorandum issued by ance program administered by FEMA. unanimous consent that the Finance the Internal Revenue Service thou- In Louisiana, 377,000 property owners Committee be discharged from further sands of taxpayers may have to file participate in the National Flood In- consideration of H.R. 1134 and that the amended tax returns and pay addi- surance program. It is a real Godsend Senate proceed to its consideration. tional tax. Moreover, the Federal Gov- to the people of my state.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.108 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3605 The National Flood Insurance pro- ber of the Finance Committee for their untary conversions) is amended by redesig- gram also provides funding for prop- leadership in bringing this matter to nating subsection (k) as subsection (l) and by erty owners to flood-proof their homes the floor. inserting after subsection (j) the following through the flood mitigation grant pro- April 15th is 2 days away. I urge the new subsection: ‘‘(k) SALES OR EXCHANGES UNDER CERTAIN gram. FEMA distributes these grant other body to take up and pass H.R. HAZARD MITIGATION PROGRAMS.—For pur- funds to the States which then pass 1134 as amended by the Senate, and poses of this subtitle, if property is sold or them along to local communities. The send it to the President for his signa- otherwise transferred to the Federal Govern- local communities select properties for ture. This bill will bring peace of mind ment, a State or local government, or an In- mitigation and contract for the mitiga- to thousands of responsible property dian tribal government to implement hazard tion services. Communities use these owners who face an unfair tax burden. mitigation under the Robert T. Stafford Dis- funds to put homes on stilts, improve aster Relief and Emergency Assistance Act We should not allow April 15th to pass (as in effect on the date of the enactment of drainage on property, and to acquire without giving these people relief. this subsection) or the National Flood Insur- flood proofing materials. These mitiga- Mr. SESSIONS. Mr. President, there ance Act (as in effect on such date), such sale tion grants encourage property owners is a substitute amendment at the desk. or transfer shall be treated as an involuntary to take responsible steps to lessen the I ask that the amendment be consid- conversion to which this section applies.’’. potential for loss of life and property ered and agreed to; the motion to re- (c) EFFECTIVE DATE.— damage due to future flooding. The consider be laid upon the table; the (1) QUALIFIED DISASTER MITIGATION PAY- grants also have the added benefit of bill, as amended, be read a third time, MENTS.—The amendments made by sub- section (a) shall apply to amounts received saving money in the long term for the passed, and the motion to reconsider be before, on, or after the date of the enactment flood insurance program. laid upon the table; that any state- of this Act. But the IRS has turned this valuable ments relating thereto be printed in (2) DISPOSITIONS OF PROPERTY UNDER HAZ- disaster preparedness and prevention the RECORD, without intervening ac- ARD MITIGATION PROGRAMS.—The amend- program into a financial disaster for tion or debate. ments made by subsection (b) shall apply to responsible property owners by making The PRESIDING OFFICER. Without sales or other dispositions before, on, or these payments taxable. This tax is un- objection, it is so ordered. after the date of the enactment of this Act. fair, unexpected, and an unfortunate The amendment (No. 411) was agreed The bill (H.R. 1134), as amended, was policy decision—unfair and unexpected to, as follows: read the third time and passed. because no one told my constituents Strike all after the enacting clause and in- f that they would be taxed for accepting sert the following: CONGRATULATING UNIVERSITY OF FEMA disaster mitigation assistance. SEC. ll. PROPER TAX TREATMENT OF CERTAIN DISASTER MITIGATION PAYMENTS. DENVER PIONEERS MEN’S HOCK- The local officials in their parish were EY TEAM just as surprised. This tax is unfortu- (a) QUALIFIED DISASTER MITIGATION PAY- nate policy because in the long term, MENTS EXCLUDED FROM GROSS INCOME.— Mr. SESSIONS. Mr. President, I ask (1) IN GENERAL.—Section 139 of the Internal unanimous consent that the Senate the IRS will undercut the effectiveness Revenue Code of 1986 (relating to disaster re- of using mitigation as a means of de- proceed to the immediate consider- lief payments) is amended by adding at the ation of S. Res. 106 submitted earlier creasing future costs to the flood insur- end the following new subsections: today. ance program. It will force people to ‘‘(g) QUALIFIED DISASTER MITIGATION PAY- The PRESIDING OFFICER. The take risks that they will not be hit by MENTS.— clerk will report the resolution by a disaster. ‘‘(1) IN GENERAL.—Gross income shall not title. I was pleased that the House of Rep- include any amount received as a qualified The assistant journal clerk read as resentatives passed a bill, H.R. 1134, to disaster mitigation payment. ‘‘(2) QUALIFIED DISASTER MITIGATION PAY- follows: correct this problem. It says that going MENT DEFINED.—For purposes of this section, A resolution (S. Res. 106) congratulating forward, disaster mitigation benefits the term ‘qualified disaster mitigation pay- the University of Denver Pioneers men’s are not taxable. But this legislation is ment’ means any amount which is paid pur- hockey team, 2005 National Collegiate Ath- not retroactive. It offers no relief to suant to the Robert T. Stafford Disaster Re- letic Association Division I Hockey Cham- people who are facing a huge tax bill lief and Emergency Assistance Act (as in ef- pions. this Friday, April 15, for mitigation fect on the date of the enactment of this sub- There being no objection, the Senate funding received in 2004 or earlier section) or the National Flood Insurance Act proceeded to consider the resolution. years. Virtually every constituent who (as in effect on such date) to or for the ben- Mr. ALLARD. Mr. President, I rise efit of the owner of any property for hazard has written or called my office about mitigation with respect to such property. today for the second year in a row to this issue received their grant in 2004. Such term shall not include any amount re- recognize the recent achievement of This bill will do nothing for them. ceived for the sale or disposition of any prop- the University of Denver Hockey I understand that the sponsors of erty. Team. On April 9, 2005, almost a year H.R. 1134 and its Senate version S. 586 ‘‘(3) NO INCREASE IN BASIS.—Notwith- to the day that they won the 2004 Men’s claim that once it has been passed, the standing any other provision of this subtitle, NCAA Division I Championship on the Department of the Treasury will issue no increase in the basis or adjusted basis of frigid ice of a Boston arena, the Pio- some sort of notice to IRS field per- any property shall result from any amount neers repeated their amazing feat cap- sonnel essentially making the effect of excluded under this subsection with respect turing a second national title in Co- to such property. this bill retroactive. Treasury officials, ‘‘(h) DENIAL OF DOUBLE BENEFIT.—Notwith- lumbus, OH at this year’s Frozen Four. however, cannot cite a legal justifica- standing any other provision of this subtitle, On this particular evening the Univer- tion for issuing such a notice. They no deduction or credit shall be allowed (to sity of Denver Pioneers defeated the claim that they can rely on the floor the person for whose benefit a qualified dis- North Dakota Fighting Sioux by a statements of the chairs and ranking aster relief payment or qualified disaster score of 4–1, clinching a seventh overall members of the House Ways and Means mitigation payment is made) for, or by rea- hockey championship. Committee and the Senate Finance son of, any expenditure to the extent of the At the helm of the University of Den- amount excluded under this section with re- ver hockey team for the last 11 years Committee as a basis for issuing the spect to such expenditure.’’. has been coach George Gwozdecky. notice. (2) CONFORMING AMENDMENTS.— Mr. President, we cannot legislate on (A) Subsection (d) of section 139 of such Coach Gwozdecky came to DU in 1994 a wink and a nod. The right way to Code is amended by striking ‘‘a qualified dis- and has compiled an impressive record make this relief retroactive is to pass aster relief payment’’ and inserting ‘‘quali- at DU, including his 400th win as a the Baucus-Grassley amendment to fied disaster relief payments and qualified coach a few short weeks ago and his H.R. 1134 and send it back to the House. disaster mitigation payments’’. 405th win in the national title game. This amendment will extend the tax re- (B) Subsection (e) of section 139 of such Coach Gwozdecky has shaped the Pio- lief in this bill to all recipients of Code is amended by striking ‘‘and (f)’’ and neer program into one of the elite pro- inserting ‘‘, (f), and (g)’’. FEMA disaster mitigation assistance (b) CERTAIN DISPOSITIONS OF PROPERTY grams in all of collegiate sports, and he past, present, and future. I am proud to UNDER HAZARD MITIGATION PROGRAMS is the only NCAA coach to win a na- be a cosponsor of the amendment. I TREATED AS INVOLUNTARY CONVERSIONS.— tional hockey title as a player, assist- thank the chairman and ranking mem- Section 1033 of such Code (relating to invol- ant coach, and head coach.

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\G13AP6.111 S13PT1 S3606 CONGRESSIONAL RECORD — SENATE April 13, 2005 Later today the University of Denver EXECUTIVE SESSION he was Senior Vice President for Pro- campus will host a rally in honor of the gram Development at Space Industries Pioneer hockey champions. While I re- International, and General Manager of NOMINATION OF MICHAEL D. GRIF- gret that I can not be there in person the Space Industries Division in Hous- FIN TO BE ADMINISTRATOR OF to commend this fantastic team, I ton. THE NATIONAL AERONAUTICS Dr. Griffin has served in a number of would like to honor just a few of the AND SPACE ADMINISTRATION great players that made this repeat Governmental positions. With NASA, Mr. SESSIONS. Mr. President, as in he served as both the Chief Engineer championship possible. Freshman executive session, I ask unanimous and the Associate Administrator for Peter Mannino, named the Most Out- consent that the Commerce Committee Exploration, and within the Depart- standing Player of this year’s Frozen be discharged from further consider- ment of Defense—DOD—he served as Four, made an astonishing 44 saves in ation of Michael Griffin to be the Ad- the Deputy for Technology at the Stra- the championship game including a 23 ministrator of NASA, and that the tegic Defense Initiative Organization— shot barrage in the third period. For- Senate proceed to executive session for SDIO. Before joining SDIO, Dr. Griffin ward Paul Stastny scored two of the its consideration. I finally ask unani- played a leading role in numerous Pioneer’s four goals with Jeff Drum- mous consent that the nomination be space missions while employed at the mond and Gabe Gauthier each adding confirmed, the motion to reconsider be Johns Hopkins APL, the Jet Propul- one. Five Pioneers, Forwards Gauthier laid upon the table, that any state- sion Laboratory, and Computer and Stastny, Defensemen Matt Carle ments be printed in the RECORD, the Sciences Corporation. He holds seven and Brett Skinner, and goalie Mannino President then be immediately notified degrees in the fields of physics, elec- were named to the All-Tournament of the Senate’s action, and the Senate trical engineering, aerospace engineer- Team. then resume legislative session. ing, civil engineering, and business ad- The PRESIDING OFFICER. Without ministration, and has been an Adjunct Today I share my congratulations objection, it is so ordered. Professor at the George Washington with the entire University of Denver The nomination considered and con- University, the Johns Hopkins Univer- community. Winning a national title is firmed is as follows: sity, and the University of Maryland. a rare and precious accomplishment. NATIONAL AERONAUTICS AND SPACE He is the lead author on more than two Winning two championships in a row is ADMINISTRATION dozen technical papers and the text- all the more rare. This achievement re- Michael D. Griffin, of Virginia, to be book Space Vehicle Design. He is a re- flects the hard work and dedication of Administrator of the National Aero- cipient of the NASA Exceptional many people. Congratulations to all nautics and Space Administration. Achievement Medal and the DOD Dis- the DU Pioneers. Congratulations to Mr. STEVENS. Mr. President, the tinguished Public Service Medal. He is Chancellor Daniel Ritchie, Provost Bob National Aeronautics and Space Ad- also a Registered Professional Engineer Coombe, President Mark Holtzman, In- ministration represents our Nation’s in Maryland and California, and a Cer- greatest hopes and aspirations. Presi- terim Director of Athletics Stuart tified Flight Instructor with instru- dent Bush nominated Dr. Michael D. Halsall, Coach Gwozdecky and his ment and multi-engine ratings. Griffin to be the next NASA Adminis- staff, and especially the Pioneer play- Dr. Griffin succeeds a close friend trator on March 14, 2005. Dr. Griffin and former leader of my staff, Sean ers, students and fans. You have made takes over an agency that is embark- us all very proud. O’Keefe. Sean did an admirable job get- ing on the President’s Vision for Space ting the agency’s finances under con- Mr. SESSIONS. Mr. President, I ask Exploration, which will take America trol and, more importantly, holding unanimous consent that the resolution back to the moon and eventually to NASA together after the Columbia trag- and preamble-be agreed to en bloc, the Mars. The Vision is NASA’s biggest edy. We were lucky NASA had such a motion to reconsider be laid upon the mission since the Apollo program leader during that trying time. At the table, and that any statements relating began more than 40 years ago. Dr. Grif- Commerce Committee’s hearing on Dr. thereto be printed in the RECORD, with- fin will guide NASA on the first steps Griffin’s nomination I spoke of my re- out intervening action or debate. of this important journey that will de- cent travels with Sean, during which I fine America’s presence in space for was approached repeatedly by people The PRESIDING OFFICER. Without the next several decades. At the same who raved about Dr. Griffin. They all objection, it is so ordered. time, we still mourn the loss of the Co- said he was the man for the job if he The resolution (S. Res. 106) was lumbia’s crew as NASA readies the could be convinced to accept it. I am agreed to. Space Shuttle for its return to flight pleased the President appointed Dr. next month. Dr. Griffin’s first task will The preamble was agreed to. Griffin and I look forward to working be to ensure that the shuttle program closely with him and his team of tal- The resolution, with its preamble, gets back on its feet safely and effec- ented professionals. reads as follows: tively. NASA needs its next Adminis- f trator immediately, and I thank the S. RES. 106 Senate for agreeing to the request from LEGISLATIVE SESSION Whereas the Denver Pioneers first won the Senator INOUYE and myself to dis- National Collegiate Athletic Association The PRESIDING OFFICER. Under (NCAA) Hockey Championship in 1958; charge and approve this nomination. the previous order, the Senate will now Whereas the University of Denver has won Dr. Griffin’s extensive background in return to legislative session. 7 NCAA Division I Men’s Hockey Champion- space and science will serve him and f ships, including back-to-back championships NASA well. He is currently head of the in 2004 and 2005; Space Department at the Johns Hop- ORDERS FOR THURSDAY, APRIL Whereas on April 9, 2005, the University of kins University Applied Physics Lab- 14, 2005 Denver won the Frozen Four with a hard oratory. Previously, Dr. Griffin was Mr. SESSIONS. Mr. President, I ask fought victory over the University of North President and Chief Operating Officer unanimous consent that when the Sen- Dakota Fighting Sioux; and of In-Q-Tel, an independent, nonprofit ate completes its business today, it Whereas the Championship ended a terrific season in which the University of Denver venture group chartered to identify stand in adjournment until 9:30 a.m. on outscored its opponents 170 to 109 and had a and invest in cutting-edge commercial Thursday, April 14. I further ask that record of 31–9–2: Now, therefore, be it technologies for intelligence commu- following the prayer and pledge, the Resolved, That the Senate congratulates nity applications. He has also served as morning hour be deemed expired, the the University of Denver Pioneers men’s CEO of the Magellan Systems Division Journal of proceedings be approved to hockey team, Coach George Gwozdecky, and of Orbital Sciences Corporation, as date, the time for the two leaders be Chancellor Daniel Ritchie on an outstanding General Manager of Orbital’s Space reserved, and the Senate then begin a championship season, a season which solidi- Systems Group, and as the company’s period of morning business for up to 60 fies the Pioneers’ status among the elite in Executive Vice President/Chief Tech- minutes, with the first 30 minutes collegiate hockey. nical Officer. Prior to joining Orbital, under the control of the Democratic

VerDate Aug 04 2004 04:30 Apr 14, 2005 Jkt 039060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A13AP6.049 S13PT1 April 13, 2005 CONGRESSIONAL RECORD — SENATE S3607 leader or his designee and the second 30 ADJOURNMENT UNTIL 9:30 A.M. DISCHARGED NOMINATIONS minutes under the control of the ma- TOMORROW The Senate Committee on Homeland jority leader or his designee; provided Mr. SESSIONS. Mr. President, if that following morning business the there is no further business to come be- Security and Governmental Affairs was Senate resume consideration of H.R. fore the Senate, I ask unanimous con- discharged from further consideration 1268, the Iraq-Afghanistan supple- sent that the Senate stand in adjourn- of the following nominations and the mental appropriations bill. ment under the previous order. nominations were placed on the Execu- There being no objection, the Senate, The PRESIDING OFFICER. Without tive Calendar: at 8:11 p.m., adjourned until Thursday, objection, it is so ordered. April 14, 2005, at 9:30 a.m. *Howard J. Krongard, of New Jersey, to be Inspector General, Department of State. f f *Daniel R. Levinson, of Maryland, to be In- NOMINATIONS spector General, Department of Health and PROGRAM Executive nomination received by Human Services. the Senate April 13, 2005: The Senate Committee on Com- Mr. SESSIONS. Tomorrow morning, EXECUTIVE OFFICE OF THE PRESIDENT merce, Science, and Transportation following morning business, the Senate ROBERT J. PORTMAN, OF OHIO, TO BE UNITED STATES will resume consideration of the Iraq- TRADE REPRESENTATIVE, WITH THE RANK OF AMBAS- was discharged from further consider- SADOR EXTRAORDINARY AND PLENIPOTENTIARY, VICE Afghanistan supplemental. We were ROBERT B. ZOELLICK, RESIGNED. ation of the following nomination and able to make good progress on the bill f the nomination was confirmed: today, and we look forward to another CONFIRMATION Michael D. Griffin, of Virginia, to be Ad- productive day tomorrow. Currently we ministrator of the National Aeronautics and Executive nomination confirmed by have three amendments pending and Space Administration. we are working with the Democratic the Senate Wednesday, April 13, 2005: leadership to move forward with these NATIONAL AERONAUTICS AND SPACE *Nominee has committed to respond amendments. Therefore, Senators ADMINISTRATION to requests to appear and testify before should expect rollcall votes throughout MICHAEL D. GRIFFIN, OF VIRGINIA, TO BE ADMINIS- any duly constituted committee of the TRATOR OF THE NATIONAL AERONAUTICS AND SPACE the day tomorrow. ADMINISTRATION. Senate.

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