E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, TUESDAY, JUNE 18, 2013 No. 87 Senate The Senate met at 10 a.m. and was meetings. At 3 o’clock there will be weekends where we shoot out of town called to order by the President pro four rollcall votes in relation to to go back to whereever we come from. tempore (Mr. LEAHY). amendments to the immigration bill. We have to move forward on this legis- Mr. President, I would simply add on lation. PRAYER that, I have had a number of calls al- f The Chaplain, Dr. Barry C. Black, of- ready this morning saying: You cannot fered the following prayer: have the votes then. I have this. We BUDGET CONFERENCE Let us pray. have meetings. We would like to have Mr. REID. Mr. President, I talked Eternal Spirit, place Your judgments the votes at 4 o’clock. yesterday at some length on the budg- in the Earth so that the world’s inhab- This bill, we have to move forward on et. It is important. We are approaching itants will learn righteousness. Today, it. I was very happy we were able to get 3 months where we have not been able give our Senators a strong and vivid consent to have these four votes start- to go to conference on this budget. sense that You are by their side. In ing at 3 o’clock today. Time is of the This is so extremely important. I spent their downsitting and uprising, make essence on this legislation. I have been yesterday morning at the NIH. I was them aware of Your presence. By Your patient. We have all been patient wait- not able to meet with all the heads of grace, Lord, let no thoughts enter their ing to see what amendments people the Institutes, but I met with four of hearts that might hinder communion want to offer. I want to make sure that them, plus Dr. Collins, who runs the with You, and let no word leave their on some of these major issues people NIH, the National Institutes of Health. lips that is not meant for Your ears. have had the time to work through I will have more to say about this Surround them with the shield of Your them. We know some of the issues are later, but South Africa, England, favor and give them mutual trust and difficult. I have been told Senator France, India—China is increasing loyalty for their relationships with one HOEVEN and Senator CORKER are trying their spending by almost 25 percent for another. to work with the eight bipartisan Sen- programs just like we have at NIH. We pray in Your merciful Name. ators to come up with something they What are we doing at NIH? We are cut- Amen. believe is important for them to vote ting spending. They have been flat- f on. I have no problem with that, but I funded since about 2004. With the stim- PLEDGE OF ALLEGIANCE am just telling everybody, as I have ulus bill, which is now going on 5 years now for quite a long time, that we are ago, we gave them a shot in the arm The President pro tempore led the going to either file cloture on this on because of Senator Specter. But that Pledge of Allegiance, as follows: Friday, Saturday, Sunday, or Monday. money has long since been gone. They I pledge allegiance to the Flag of the We have to move forward on this legis- are headed downhill, and they have United States of America, and to the Repub- lation. been for several years now. These won- lic for which it stands, one nation under God, derful scientists we have there are indivisible, with liberty and justice for all. So I urge people to work together to come up with whatever amendments leaving. f they believe are important. Of course, One of the scientists from the Uni- RECOGNITION OF THE MAJORITY we are all looking at this major issue. versity of Michigan, who, by the way, LEADER I have talked to the Republicans’ Gang is best friends with my chief of staff, is The PRESIDENT pro tempore. The of 8 and the Democrats’ Gang of 8. basically staying away from NIH be- majority leader is recognized. They are working on something deal- cause you cannot have—and he is an expert, one of if not the leading expert f ing with border security. I am not tell- ing anyone what to do other than to do in the world on melanoma. He is not SCHEDULE it as quickly as you can. making application for NIH grants Mr. REID. Mr. President, following The time has come to make decisions anymore because they cannot do sci- leader remarks the Senate will be in a on this important piece of legislation. entific research when it is only avail- period of morning business for an hour. We say we have been on it 2 weeks. We able for a year or two. So I hope we can The Republicans will control the first have really been on it longer than that. move forward on this budget con- half, and the majority will control the That first week after the break there ference and get something done on this final half. Following that morning were meetings going on all over this to set the Nation’s financial problems business the Senate will resume consid- Capitol on what we should do with im- in the right direction. We are not going eration of the immigration bill. migration. to get anything done unless we are able The Senate will recess from 12:30 p.m. So I would hope people understand to get something done on the budget. to 2:15 p.m. for our weekly caucus that this may not be one of our normal We cannot do this.

∑ 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 Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.000 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4536 CONGRESSIONAL RECORD — SENATE June 18, 2013 I am proud of the budget we passed. I changes that did not go through the here. Think about that. Of the 77 Fed- think it is a very good budget, but I re- regular order process: eral judicial vacancies, the President alize if we go to conference we may That is correct. Any other resolutions re- has not nominated anyone for most of have to change some of the things we lated to Senate procedure would be subject them, and only 5 remain on the Sen- have in our budget. But we are never to a regular order process including consider- ate’s Executive Calendar. Moreover, going to get this done unless we sit ation by the Rules Committee. only one of those nominees has been down and work this out, as we have Now, look, Mr. President, a Senator’s waiting more than a month to be con- done for more than two centuries here word—especially the word of the ma- sidered. in conferences between the House and jority leader—is the currency of the So it is hard to see this as anything the Senate. realm in this Chamber—the currency of other than a manufactured crisis. f the realm in this Chamber. As the ma- There is no factual basis for it—a man- jority leader himself said: ufactured crisis. So the question is, a STUDENT LOAN INTEREST RATES Your word is your bond . . . if you tell [a crisis to what end? Where does this Mr. REID. Finally, I see on the floor Republican Senator or a Democratic Sen- lead us? my friend, the senior Senator from ator] you are going to do something, that is Well, one of the reasons the majority Tennessee, who has been a longtime the way it is. leader has refrained from changing the Governor of his State. He has been the He is entirely correct. Senators keep- rules thus far is this: He fully under- Secretary of Education. We have an ing their word, well, that is just vital stands—he fully understands—that ma- issue coming up soon. If we do not to a well-functioning Senate. But it is jorities are fleeting, but changes to the work something out in this body before only part of the equation. We also need rules are not, and breaking the rules to the end of this month, student loan in- well-established rules that are clear, change the rules would fundamentally terest rates will go up a lot. If we do fair, and preserve the rights of all Sen- change the Senate. nothing, they will double from 3.4 per- ators—including those in the minor- Future majorities would be looking cent to 6.8 percent. If we do what the ity—to represent the views of their to this precedent. I do not know what House wants to do, if we do what Sen- States and of their constituents. That the future holds, but 2 years from now ate Republicans want to do, these stu- is the other reason why I have been I could be setting the agenda around dent loans will be used to reduce the pressing the majority leader on this here. Once deployed, the nuclear option debt. I do not think that is what we issue. may have fallout in future Congresses, should be doing with students. While As a matter of principle, holding a actually forever altering the delibera- this is not the time to debate this Senator to his or her word is impor- tive nature of the Senate, which has issue, everyone should be aware as we tant, but so is preserving a Senate that made it the institution where enduring deal with immigration over the next works the way it is supposed to. And compromises between the parties have couple weeks, we also have to keep this we cannot be assured of that until the been forged. matter on the radar screen that we are majority leader affirmatively states So it is time for sober consideration going to have to do something about. that he will stay true to the commit- of the direction in which the Senate is I have a number of meetings on this ments he has made. being taken. today, and I am sure my Republican I understand my friend the majority I yield the floor. leader is under a lot of pressure. I have colleagues have meetings throughout f the day, and we need to have as many known him for a long time, and deep as we can to work something out to get down I know he understands the far- RESERVATION OF LEADER TIME reaching consequences of ‘‘going nu- this done. The PRESIDING OFFICER. Under clear.’’ I think he actually realizes how the previous order, the leadership time f terrible an idea that would be because is reserved. RECOGNITION OF THE MINORITY once the Senate definitively breaks the LEADER rules to change the rules, the pressure f The PRESIDING OFFICER (Mr. to respond in kind will be irresistible MORNING BUSINESS to future majorities. The precedent COWAN). The Republican leader is rec- The PRESIDING OFFICER. Under ognized. will have been firmly and dramatically set. the previous order, the Senate will be f Some Washington Democrats say: in a period of morning business for 1 SENATE RULES Oh, they just want to limit the rules hour, with Senators permitted to speak change to nominations; they just want therein for up to 10 minutes each, with Mr. MCCONNELL. Mr. President, day to make a little adjustment on nomi- the time equally divided and controlled after day I have been coming to the nations, which is why they have been between the two leaders or their des- Senate floor to remind the majority hurtling the Senate toward a manufac- ignees, with the Republicans control- leader of the commitments he made to tured fight over a couple of the Presi- ling the first half. the American people in 2011 and again dent’s most controversial nominees. The Senator from Tennessee. just a few months ago that he would But Republicans have been treating the not break the rules of the Senate in f President’s nominees more than fairly. order to change the rules of the Senate; At this point in President Bush’s sec- FILIBUSTERS that he would preserve the rights of ond term he had a total of 10 judicial Mr. ALEXANDER. Mr. President, for the minority in this body; that he confirmations; and, by the way, the Re- the last few weeks, I have been listen- would not try to remake the Senate in publicans were in the majority in the ing to the Republican leader ask the the image of the House, something that Senate. President Bush, at this point majority leader not to turn the Senate could change our democracy in a very in his second term, with a Republican into a place where a majority of 51 can fundamental way. majority in the Senate, had 10 judicial do anything it wants. I am on the Sen- So the question remains: Will he confirmations. So far in his second ate floor today to suggest three rea- keep his word? term, President Obama has had 26 sons why I believe the majority leader Here is what he said on January 27, judges confirmed—26, 26 to 10. Apples will not do that: 2011: to apples: at this point in President No. 1, he said he would not. Senators I will oppose any effort in this Congress or Bush’s term, with a Republican Senate; keep their word. the next— at this point in President Obama’s No. 2, in 2007, the majority leader The one we are in now— term, with a Democratic Senate. said to do so would be the end of the to change the Senate’s rules other than I would note that just yesterday the Senate. There have not been many ma- through the regular order. Senate approved two more judicial jority leaders in the history of the Sen- And here is what he said this year, nominees. That leaves just five—just ate. I know none of them want to have after I asked him to confirm that the five—available to the full Senate to be written on their tombstone: He pre- Senate would not consider any rules confirmed. There are only five around sided over ‘‘the end of the Senate.’’

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.001 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4537 No. 3, the majority leader is an able rights of the minority. A filibuster is the mi- garten through the 12th grade, take the and experienced legislator. He knows if nority’s way of not allowing the majority to $60 billion we spend, create a voucher Democrats find a way to use 51 votes to shut off debate. And without robust debate, for 25 million middle- and low-income do anything they want to do, it will the Senate is crippled. Such a move would children. It would be $2,200 for each one transform the body into an institution that not be very long until Republicans find looked like the House of Representatives of them, just the money we now spend. a way, if we are in the majority, to use where everything passes with a simple ma- Let it follow them to any school they 51 votes to do whatever we want to do. jority. And it would tamper dangerously choose to attend, an accredited school, So let me take these three reasons with the Senate’s advise-and-consent func- public or private. one by one. First, the majority leader tion as enshrined in the Constitution. If even No. 3 on my list, complete Yucca has given his word. The Republican the most controversial nominee could simply Mountain. I have spoken often of the leader mentioned that. At the begin- be rubber stamped by a simply majority, ad- importance of nuclear energy to our ning of the last two Congresses, at the vise and consent would be gutted. Trent Lott country. It provides 20 percent of all of of Mississippi knew what he was talking our electricity, 60 percent of our clean request of the Republican leader, I about when he coined the name for what worked with several Democrats and they were doing the nuclear weapon. electricity for those concerned about climate change and clean air. Since Republicans to change the rules of the One more paragraph. Senate to make it work better. We suc- 2010, the majority leader has stalled But that was their point. They knew—Lott ceeded in that. We talked about it, ne- knew—if they trifled with the basic frame- the nuclear waste repository in Ne- gotiated, and we voted those changes work of the Senate like that, it would be nu- vada. That jeopardizes our 100 reactors. through. clear. They knew that it would be a very rad- That jeopardizes our source of 60 per- We eliminated the secret hold. We ical thing to do. They knew that it would cent of our clean electricity. If we had abolished 169 Senate-confirmed posi- shut the Senate down . . . there will come a 51 votes in the Senate, we could direct tions. We expedited 273 more. We re- time when we will be gone. the Nuclear Regulatory Commission to duced the time to confirm district This is Senator REID talking. issue a license. We could direct the De- judges. We made it easier to go to con- There will come a time when we will all be partment of Energy to build Yucca ference. In exchange for all of that, the gone, and the institutions that we now serve Mountain and we could fund the money majority leader said he would not sup- will be run by men and women not yet liv- to do it. port changes in the rules in this 2-year ing. And those institutions will either func- The junior Senator from Nevada, who tion well because we have taken care of them session of Congress except through the shares Senator REID’s opposition to or they will be in disarray and someone that, said something about this re- regular order. He said: else’s problem to solve. Well, because the Re- The minority leader and I have discussed publicans could not get their way getting cently. this on numerous occasions. some radical judges confirmed to the Federal The day is going to come that either he is This is the Democratic leader. bench, they were threatening to change the here or not— The proper way to change the Senate rules Senate so fundamentally that it would never That is the majority leader. is through the procedures established in the be the same again. In a fit of partisan fury, —or the Republicans take control and it’s a rules. I will oppose any effort in this Con- they were trying to blow up the Senate. Sen- 50-vote threshold. Those kinds of issues are gress or the next to change the Senate rules ate rules can only be changed by a two- the ones that concern me the most. When other than through the regular order. thirds vote of the Senate, or 67 Senators. The you are from a small State, you need as Republicans were going to do it illegally I ask unanimous consent to have many arrows in your quiver as possible to with a simple majority, or 51. Vice President fight back on some of these issues that you printed, following my remarks, the ma- Cheney was prepared to override the Senate can be overtaken by. Frankly, the 60-vote jority leader’s comments. Parliamentarian. Future generations be threshold is what has protected and saved Second, I was a new Senator 10 years damned. Nevada in the past. ago in 2003. I was absolutely infuriated Those are the words of the distin- I ask unanimous consent to have by what the Democrats did in the first guished Senator from Nevada in 2007 Senator HELLER’s comments printed in few months. For the first time in his- eloquently explaining why this body is the RECORD. tory, they used the filibuster to deny a so different from the House of Rep- If all the Democrats who voted once President’s judicial nominations for resentatives. upon a time for completing Yucca the circuit courts of appeal. It had I ask unanimous consent not only to Mountain were to do so again, we could never ever been done before. So Repub- have those remarks printed in the get a bipartisan majority of 51 votes licans threatened the so-called ‘‘nu- RECORD but several more pages from today in the Senate to complete Yucca clear option.’’ We threatened we would Senator REID’s excellent seventh chap- Mountain. So make no mistake, a vote change the rules of the Senate so we ter entitled ‘‘The Nuclear Option’’ in to end the filibuster is a vote to com- could work our will with 51 votes. his book from 2007. plete Yucca Mountain. Senator REID said at the time ‘‘that Third and finally, if the Democrats Here is the rest of my list—I will do would be the end of the Senate.’’ He can turn the Senate into a place where it quickly—that I would suggest to the wrote that in his book called ‘‘The a majority of 51 can do anything they Republican leader, if he were majority Good Fight’’ in 2007. It is the most elo- want, soon a majority of 51 Repub- leader, as his priorities for a Senate quent statement I have heard about licans is going to figure out the same where we could pass anything we want- why changing the rules of the Senate thing to do. After 2014, some observers ed with 51 votes. to give a majority the right to do any- have said we might even be in the ma- Make the Consumer Protection Bu- thing it wants with 51 votes is a bad jority. Senator MCCONNELL might be reau accountable to Congress. That idea. I wish to read a few sentences the Republican leader and the majority would be No. 4. from Senator REID’s book ‘‘The Good leader. After 2016, we may even have a No. 5, drill in the Arctic National Fight,’’ written in 2007. Republican President. Wildlife Refuge and build the Keystone Senator Frist of Tennessee, who was the Preparing for that opportunity, I Pipeline. majority leader, had decided to pursue a wish to suggest the 10 items, briefly, I No. 6, fix the debt. It ought to be No. rules change that would kill the filibuster wish to see on an agenda if we Repub- 1. Senator CORKER and I have a $1 tril- for judicial nominations. licans are able to pass anything we lion reform of entitlement programs Sounds familiar. want with 51 votes, as the majority that would put us on the road toward And once you open the Pandora’s box, it leader has suggested. fixing the debt. was just a matter of time before a Senate No. 1, repeal ObamaCare. No. 7, right to work for every State. leader who couldn’t get his way on some- No. 2, S. 2, that would be the second We would reverse the presumption— thing moved to eliminate the filibuster for bill if I were the leader. I would put up create a presumption of freedom, giv- regular business as well. That, simply put, Pell grants for kids. Like the GI bill ing workers in every State the right to would be the end of the United States Sen- for veterans, Pell grants follow stu- work. States would have the right to ate. It is the genius of the Founders that they dents to the colleges of their choice— opt out, to insist on forced unionism, conceived the Senate as a solution to the creating opportunity at the best col- the reverse of what we have today. small state / big state problem. And central leges in the world. Why don’t we do the No. 8, No EPA regulation of green- to that solution was the protection of the same thing for students in kinder- house gases.

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.003 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4538 CONGRESSIONAL RECORD — SENATE June 18, 2013 No. 9, Repeal the Death Tax. broke historical precedent and blocked I come with respect to the Repub- Finally, No. 10, repeal Davis-Bacon, five distinguished judges of President lican and the Democratic leaders, and save taxpayers billions by ending the Bush by a filibuster. especially to this institution, to say Federal mandate on contractors. Republicans have returned the favor let’s end the threats, let’s stop the non- The Republican leader and I have and blocked two of President Obama’s sense, let’s get back to work on immi- plenty of creative colleagues. They will by a filibuster, which should be a les- gration and the other important issues have their own top 10 lists. When word son for the future to those who want to facing our country. gets around on our side of the aisle change the rules. About half the Sen- There being no objection, the mate- that the Senate will be like the House ate are serving in their first term. rial was ordered to be printed in the of Representatives and a train can run They may not know about the major- RECORD, as follows: through it without anyone slowing it ity leader’s statements in 2007. They Reid made the same commitment (if any- down, there will be a lot of my col- may not know about the history of the thing, more broadly) on January 27, 2011, leagues with their own ideas about add- Senate. They may have heard all of when he said: ing a lot of cars to that freight train. these conflicting facts and not have the ‘‘The minority leader and I have discussed Jon Meacham’s book about Thomas right facts. this issue on numerous occasions. I know Jefferson is one I have been reading. He What I have given you is what the that there is a strong interest in rules changes among many in my caucus. In fact, reports a conversation between John Senate Historian and the Congressional I would support many of these changes Adams and Jefferson in 1798. Adams Research Service say are the facts. Of through regular order. But I agree that the said: course, there have been delays. My own proper way to change Senate rules is No Republic could ever last which had not nomination was delayed 87 days by a through the procedures established in those a senate . . . strong enough to bear up Democratic Senator. I did not try to rules, and I will oppose any effort in this against all popular storms and passions . . . change the rules of the Senate. Presi- Congress or the next to change the Senate’s And that— dent Reagan’s nomination of Ed Meese rules other than through the regular order.’’ The storm had been gathering all year. and Trusting the popular assembly for the was delayed a year by a Democratic word from conservative columnists and in preservation of our liberties . . . was the Senate. conservative circles was that Senator Frist mearest chimera imaginable. No one has ever disputed our right in of Tennessee, who was the Majority Leader, Alexis de Tocqueville, while trav- the Senate, regardless of who was in had decided to pursue a rules change that eling our country in the 1830s, saw only charge, to use our constitutional duty would kill the filibuster for judicial nomina- two great threats for our young democ- of advise and consent to delay and ex- tions. racy. One was Russia, one was the tyr- amine, sometimes cause nominations It is the genius of the founders that they anny of the majority. to be withdrawn or even to defeat conceived the Senate as a solution to the Finally, as the Republican leader so nominees by a majority vote. small state/big state problem. And central to that solution was the protection of the well stated, there is no excuse here for Yes, some sub-Cabinet members have rights of the minority. A filibuster is the mi- all of this talk. The Democrats are been denied their seats by a filibuster. nority’s way of not allowing the majority to manufacturing a crisis. To suggest Re- The Democrats denied John Bolton his shut off debate, and without robust debate, publicans are holding things up unnec- post at the United Nations. the Senate is crippled. Such a move would essarily is absolute nonsense. In fact, Senator Warren Rudman told me the transform the body into an institution that over the last two Congresses, we have story of how the Democratic Senator looked just like the House of Representa- made it easier for any President to from New Hampshire blocked his nomi- tives, where everything passes with a simple have his or her nominations secured. nation by a secret hold. Nobody knew majority. And it would tamper dangerously with the Senate’s advise-and-consent func- The Washington Post on March 18, what was happening. I asked Senator tion as enshrined in the Constitution. If even the Congressional Research Service on Rudman what he did about it. the most controversial nominee could simply May 23, said President Obama’s nomi- He said: I ran against the so-and-so be rubber-stamped by a simple majority, ad- nations for the Cabinet are moving in the next election, and I beat him. vise-and-consent would be gutted. Trent Lott through the Senate at least as rapidly This is how Senator Rudman got to of Mississippi knew what he was talking as his two predecessors. The Secretary the Senate. about when he coined a name for what they of Energy was recently confirmed 97 to In summary, the idea that we have a were doing: the nuclear option. 0. There may be another three votes on crisis of nominations is absolute, com- And that was their point. They knew—Lott plete nonsense, totally unsupported by knew—if they trifled with the basic frame Cabinet-level nominees this week. work of the Senate like that, it would be nu- Then as the Republican leader said, the facts. It should be embarrassing to clear, They knew that it would be a very rad- look at the Executive Calendar. Only my friends on the other side to even ical thing to do. They knew that it would three district and two circuit judge bring it up. They should be congratu- shut the Senate down. United States sen- nominees are waiting for floor action. lating us for helping to make it easier ators can be a self-regarding bunch some- As for filibusters, according to the for any President to move nominations times, and I include myself in that descrip- Senate Historian, the number of Su- through. tion, but there will come a time when we preme Court Justices who have been The advise and consent is a constitu- will all be gone, and the institutions that we denied their seats by filibuster is zero. tional prerogative that both parties now serve will be run by men and women not yet living, and those institutions will either The only possible exception is Abe have always defended. function well because we’ve taken care with Fortas, and Lyndon Johnson engi- There are three reasons why the ma- them, or they will be in disarray and some- neered a 45-to-43 vote so he could hold jority leader will not turn the Senate one else’s problem to solve. Well, because the his head up while he continued to serve into a place where a majority of 51 can Republicans couldn’t get their way getting on the Court. do anything it wants, in my judgment: some radical judges confirmed to the federal The number of Cabinet members who one, he said he wouldn’t, and Senators bench, they were threatening to change the have been denied their seats by a fili- keep their word; two, he said the nu- Senate so fundamentally that it would never buster in the history of the Senate is clear option would be the end of the be the same again. In a fit of partisan fury, Senate. No majority leader wants writ- they were trying to blow up the Senate. Sen- zero. ate rules can only be changed by a two- The number of district judges who ten on his tombstone he presided over thirds vote of the Senate, or sixty-seven sen- have been denied their seats by a fili- the end of the Senate; three, if Demo- ators. The Republicans were going to do it il- buster in the history of the Senate is crats turn the Senate into a place legally with a simple majority, or fifty-one. zero. This is according to the Senate where 51 Senators can do anything Vice President Cheney was prepared to over- Historian and the Congressional Re- they want, it will not be long before rule the Senate parliamentarian. Future search Service. Republicans do the same. generations be damned. So what are they talking about? I To be very specific, if Senator REID Given that the filibuster is a perfectly rea- know what they are talking about. and Democrats vote to allow a major- sonable tool to effect compromise, we had been resorting to the filibuster on a few They are talking about circuit judges. ity to do anything they want in the judges. And that’s just the way it was. For That is the only exception. Why is it Senate and set that precedent, voting 230 years, the U.S. Senate had been known as an exception? Because when I came to to end the filibuster will be a vote to the world’s greatest deliberative body—not the Senate 10 years ago, the Democrats complete Yucca Mountain. always efficient, but ultimately effective.

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.004 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4539 There had once been a time when the I had been pressing Majority Leader Bill number six as well, should Frist press a vote White House would consult with home-state Frist in direct talks for a compromise—one to change the rules. If he wanted to go that senators, of either party, before sending pro- in which Democrats prevented the confirma- way, maybe we could win the vote outright, spective judges to the Senate for confirma- tion of some objectionable judges and con- without having to forge a grand compromise. tion. If either senator had a serious reserva- firmed some that we didn’t want to confirm, I knew we had Lincoln Chafee of Rhode Is- tion about the nominee, the nomination all in the interest of the long-term survival land. So there was one. I thought we had the wouldn’t go forward. The process was called of the Senate. But I had been getting no- two Mainers. Olympia Snowe and Susan Col- ‘‘blue-slips.’’ The slips were sent to indi- where. Those talks had essentially ceased by lins. I thought we had a good shot at Mike vidual senators. If the slips didn’t come the end of February. And then Senator Frist DeWine of Ohio. We had a shot at Arlen back, there was a problem. The Bush White began advertising that he was aggressively Specter of Pennsylvania. Maybe Chuck House ignored the blue-slip tradition, among rounding up votes to change the Senate Hagel of Nebraska. I knew we had a good many other traditions, and showed little def- rules, and Republican senators, some quite shot at John Warner of Virginia. Warner, a erence to home-state senators. prominent, began to announce publicly that former Marine and secretary of the Navy, We realized that if they were not going to they supported the idea. Pete Domenici of was a man of high character. When Oliver adhere to our blue slips or entertain any ad- New Mexico. Thad Cochran of Mississippi. North ran as a Republican against Senator vice from us, then they were trying to sub- Ted Stevens of Alaska. Orrin Hatch of Utah. Chuck Robb in 1994. Warner crossed party vert the minority’s ability to perform its ad- I was so disappointed that they were willing lines to campaign all over Virginia against vise-and-consent function under the Con- to throw the Senate overboard to side with a North. I also felt that Bob Bennett of Utah stitution. It was clear that Bush and Karl man who, it was clear, was becoming one of would, at the end of the day, vote with us. Rove were going to try to load all the the worst Presidents in our history. Presi- But these counts are very fluid and com- courts—especially the circuit courts of ap- dent Bush tried at any cost to increase the pletely unreliable. It would be hard to get peals, because you can’t count on Supreme and keep six. We were preparing ourselves Court vacancies. And most of the decisions power of the executive branch, and had only disdain for the legislative branch. Through- for a vote, but a vote would carry great risk. are made by circuit courts anyway, so it As it turned out, Alexander’s chief of staff could be said that they are the most impor- out his first term, he basically ignored Con- gress, and could count on getting anything was roommates with the chief of staff of the tant judicial nominees of all. freshman Democratic senator from Arkan- We Democrats made a decision that since he wanted from the Republicans. But from sas, Mark Pryor. Pryor, whose father before the White House was ignoring the Constitu- senators who had been around for a while him had served three terms in the Senate, tional role of the Senate, then we were going and had a sense of obligation to the institu- had been worrying over a way to solve this to have to delay some of the more extreme tion, I found this capitulation stunningly thing. His chief of staff, a gravelly voiced nominees. Be cautious and look closely was short-sighted. It was clear to me that Frist guy from Smackover, Arkansas, named Bob the byword. One rule we tried to follow was wanted this confrontation, no matter the Russell, got a copy of Alexander’s speech that if all Democrats on the Judiciary Com- consequences. from his roommate and gave it to Pryor. Al- mittee voted no on a nominee, then we would And as the weeks and months passed, it exander’s idea of a bipartisan coalition got say, ‘‘Slow down.’’ dawned on me that Frist’s intransigence was The Republicans immediately complained owed in no small part to the fact that he was Pryor thinking, and he sought out the Ten- that they had never filibustered Clinton’s running for President. Funding the filibuster nessean and began a quiet conversation judges, a claim that simply wasn’t true. so that extremist judges could be confirmed about it. Frist himself had participated in the fili- with ease had become a rallying cry for the At the same time, Ben Nelson of Nebraska, buster of the nomination of Judge Richard Republican base, especially the religious one of the more conservative Democrats in Paez, which at the time had been pending in right. In fact, Senator Frist would be the the Senate, began having a similar conversa- the Senate for four years. When Senator featured act at ‘‘Justice Sunday,’’ a raucous tion with Trent Lott. At some point they be- Schumer had called him on it on the Senate meeting at a church in Louisville on the last came aware of each other’s efforts, and one floor, Frist had stammered to try to find a Sunday in April that was billed as a rally to day in late March, Pryor approached Nelson way to explain how their use of the filibuster ‘‘Stop the Filibuster Against People of on the floor to compare notes. was legitimate and ours wasn’t. And more- Faith.’’ Lott and Alexander would quickly drop out over, it was a disingenuous claim. The rea- This implied, of course, that the filibuster of any discussions. Such negotiations with- son the Republicans didn’t deploy the fili- itself was somehow anti-Christian. I found out Bill Frist’s knowledge proved too awk- buster that often when Clinton was Presi- this critique, which was becoming common ward, particularly for Alexander, who was a dent is that they had a majority in the Sen- in those circles, to be very strange, to say fellow Tennessean. And even though there ate. and they had simply refused to report the least. Democratic opposition to a few of was antipathy between Lott and Frist over more than sixty of President Clinton’s judi- President Bush’s nominees had nothing the leadership shake-up in 2002, Lott backed cial nominees out of committee, saving them whatsoever to do with their private religious away as well. beliefs. But that did not stop James Dobson But others were eager to talk. the trouble of a filibuster. In any case, the Knowing what was at stake, John McCain U.S. Senate had never reached a crisis point of Focus on the Family of accusing me of ‘‘judicial tyranny to people of faith.’’ and Lindsey Graham began meeting sub rosa like this before, with Pryor and Nelson. They would go to a In the early part of 2005, I hadn’t wanted to ‘‘The future of democracy and ordered lib- new office each time, so as not to arouse sus- believe it was true, and felt confident that erty actually depends on the outcome of this picion. These four would form the nucleus of we could certainly avoid it. We make deals struggle.’’ Dobson declared from the pulpit what would become the Gang of Fourteen, in the Senate, we compromise. It is essential at Justice Sunday. to the enterprise. I was determined to deal in So the battle lines were drawn. the group of seven Republicans and seven good faith, and in a fair and open-minded All the while, very quietly, a small group Democrats who would eventually bring the way, ‘‘What I would like to do is say there is of senators had begun to talk about ways to Senate back from the brink. Starting early no nuclear option in this Congress.’’ I said on avert the looming disaster. on in their negotiations, Pryor and Nelson the floor one day, ‘‘and then move forward.’’ Earlier in the year, Lamar Alexander, the came to brief me on their talks, and I gave Give us a chance to show that we’re going to Republican junior senator from Tennessee, my quiet sanction to the enterprise. Senator deal with these nominees in good faith and had gone to the floor and given a speech that Joe Lieberman came to me and said that he in the ordinary course. And if you don’t hadn’t gotten much notice in which he had was going to drop out of the talks. I said, think we are fair, you can always come back proposed a solution. Since under Senate ‘‘Joe, stay, we might be able to get it done. next Congress and try to invoke the nuclear rules a supermajority of sixty votes is re- It’s a gamble. But stay and try to work option. Because it would take a miracle for quired to end a filibuster, and the makeup of something out.’’ us to retake the Senate next year. the Senate stood at fifty-five in the Repub- Each meeting would be dedicated to some Did I regret saying this? No. Because at lican caucus and forty-five in the Demo- aspect of the problem, and there was a lot of the time I believed it, and so did everyone cratic, Alexander had suggested that if six back and forth about what would be the spe- else. Republicans would pledge not to vote to cific terminology that could trigger a fili- And in any case, we had confirmed 204, or change Senate rules and six Democrats buster. Someone, probably Pryor, suggested 95 percent, of Bush’s judicial nominations. It would pledge to never filibuster judicial ‘‘extraordinary circumstances,’’ and that’s was almost inconceivable to me that the Re- nominees, then we could dodge this bullet. what the group would eventually settle on. publicans would debilitate the Senate over This would come to be know as ‘‘the Alex- What that meant is that to filibuster a judi- seven judges. But the President’s man, Karl ander solution.’’ cial nominee, you’d have to have an Rove, was declaring that nothing short of 100 Of course, this was an imperfect solution— articulable reason. And a good reason, not percent confirmation rate would be accept- if the minority, be it Democratic or Repub- just fluff. Slowly, they were joined by others. able to the White House, as if it were his pre- lican, pledged to never use the filibuster, Ben Nelson approached Robert Byrd to ask if rogative to simply eliminate the checks-and- then you were de facto killing the filibuster he would join the effort. No one cares more balances function of the Senate. Meanwhile, anyway and may as well change the rules. about the Senate than Byrd, and he agreed, we were at war, gas prices were spiking, and But Alexander’s thinking was in the right di- anything to preserve the rules. John Warner we were doing nothing about failing pen- rection. In fact, I had begun talking quietly was the same way, and it may have been sions, failing schools, and a debt-riven econ- to Republican senators one by one, can- Warner’s presence in the negotiations that omy. Where was our sense of priorities? vassing to see if I could get to the magic would serve as the biggest rebuke to Frist.

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.002 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4540 CONGRESSIONAL RECORD — SENATE June 18, 2013 Ultimately, seven Republican senators would the role only deepened. In negotiations, he The Democratic senators came to see me step away from their leader, in an unmistak- sometimes would not be able to commit to a and told me that they had completed a deal able comment on his recklessness. position until he went back to check with to stop the nuclear option. They had done it. Meanwhile, the drumbeat for the nuclear his caucus, as if he was unsure of his own au- I told Pryor, Nelson, and Salazar, ‘‘Let’s option was intensifying in Washington, and thority. Now, anyone in a leadership position hope it works.’’ It did. And on the evening of was beginning to crowd out all else. James who must constantly balance the interests of May 23, 2005, the brave Gang of Fourteen, pa- Dobson said that the faithful were in their several dozen powerful people, as well as the triots all—Pryor of Arkansas, McCain of Ari- foxholes, with bullets whizzing overhead. In interests of the country, can understand the zona, Nelson of Nebraska, Graham of South mid-March, Frist had promised to offer a challenges of such a balancing act. And to a Carolina, Salazar of Colorado, Warner of Vir- compromise of some sort. A month later, certain extent, I was in sympathy with Frist. ginia, Inouye of Hawaii, Snowe of Maine, nothing. In mid-April, I was with the Presi- But my sympathy had limits. What Frist was Lieberman of Connecticut, Collins of Maine, dent at a White House breakfast and took doing in driving the nuclear-option train was Landrieu of Louisiana, DeWine of Ohio, Byrd the opportunity to talk with him about it. extremely reckless, and betrayed no concern of West Virginia, and Chafee of Rhode Is- ‘‘This nuclear option is very bad for the for the long-term welfare of the institution. land—signed a Memorandum of Under- country, Mr. President,’’ I said. ‘‘You There are senators who are institutionalists standing, in which they allowed for the con- shouldn’t do this.’’ and there are senators who are not. Frist was sideration of three of the disputed judges, Bush protested his innocence. ‘‘I’m not in- not. He might not mind, or fully grasp, the and rabled a couple more. Personally I found volved in it at all,’’ he said. ‘‘Not my deal.’’ damage that he was about to do just to gain these judges unacceptable, but such is com- It may not have been the President’s deal, short-term advantage, I reminded him: We promise. The deal that was struck was very but it was Karl Rove’s deal. are in the minority at the moment, but we similar to that which I had proposed to Bill A couple of days later, Dick Cheney spoke won’t always be. You will regret this if you Frist months before. for the White House when he announced that do it. As Frist and I were just about to discuss the nuclear option was the way to go, and By this time, the Senate was a swirl of ac- the Gang of Fourteen deal before hordes of that he’d be honored to break a tie vote in tivity. More senators were taking to the gathered press, Susan McCue, my chief of the Senate when it was time to change the floor to declare themselves in support of the staff, pulled me aside and said, ‘‘Stop smil- rules. The President had misled me and the nuclear option or issue stern denunciations. ing so much. Don’t gloat.’’ Senate. Senator Byrd gave a very dramatic speech I didn’t gloat, but I was indeed smiling. I And that was the second time I called excoriating Frist for closely aligning his couldn’t help it. George Bush a liar. drive to the nuclear option with the religious ‘‘I remain concerned,’’ Heller told The The first time was over the nuclear waste right’s drive to pack the judiciary. And he Washington Examiner. ‘‘The nuclear option, repository located at Yucca Mountain, in my insisted that Frist remain on the floor to they claim will be limited only to judicial home state of Nevada. I have successfully op- hear it.’’ My wife and I will soon be married, nominations. But I don’t believe that for a posed this facility with every fiber in me the Lord willing, in about sixteen or seven- second. Once they get a taste of the 50-vote since I got to Washington, as it proposes to teen more days, sixty-eight years.’’ Byrd threshold, I think this thing spreads to every unsafely encase tons of radioactive waste in said. ‘‘We were both put under the water in other issue.’’ a geological feature that is too close to the that old churchyard pool under the apple or- ‘‘The day is going to come that either he’s water table, crossed by fault lines, unstable, chard in West Virginia, the old Missionary not here or the Republicans take control and and unsound. And Yucca Mountain posed a Baptist Church there. Both Erma and I went if it’s a 50-vote threshold, those kind of grave danger to the whole country, given under the water. So I speak as a born-again issues are the ones that concern me the that the waste—70,000 tons of the most poi- Christian. You hear that term thrown most,’’ Heller said. ‘‘When you’re from a sonous substance known to man—would have around. I have never made a big whoop-de-do small state, you need as many arrows in to be transported over rail and road to the about being a born-again Christian, but I your quiver as possible to fight back on some site from all over America, past our homes, speak as a born-again Christian. of these issues that you can be overtaken by. schools, and churches. Not a good idea. ‘‘Hear me, all you evangelicals out there! And, frankly, this 60-vote threshold is what President Bush committed to the people of Hear me!’’ has protected and saved Nevada in the past.’’ Nevada that he was similarly opposed to Byrd was in his eighth term in the Senate, I yield the floor. Yucca Mountain, and would only allow it and before that had served three terms in the The PRESIDING OFFICER. The Re- based on sound science. Within a few months House. He has been in Congress about 25 per- publican leader. cent of the time we have been a country. So of his election, and with a hundred scientific Mr. MCCONNELL. I ask unanimous studies awaiting completion, Bush reversed his testimony carried great power. Negotiations among the Gang of Fourteen consent that the Senator from Ten- himself. When one lies, one is a liar. I called continued feverishly. Not even a panicked nessee and I be allowed to engage in a him a liar then, and with his obvious duplic- Capitol evacuation in early May could stop colloquy. ity on the nuclear option revealed by the them. An unidentified plane had violated the The PRESIDING OFFICER. Without Vice President’s pronouncement, I called the airspace over Washington, and the Capitol objection, it is so ordered. President a liar again. had to be cleared in a hurry, but McCain, I then met again with Mark Pryor and Ben Mr. MCCONNELL. I wish to con- Pryor, and Nelson continued talking none- Nelson. I knew that they were trying to close gratulate my friend from Tennessee on theless. a deal with the Gang of Fourteen. I was a brilliant presentation on the history Joe Lieberman of Connecticut came to me afraid to tell them to stop, and afraid to go again, concerned. Talks had gotten down to of the Senate and the current manufac- forward. But I patted them on the back and specific judges, and the group was trying to tured crisis we face. off they went. hammer out a number that would be accept- The only comment I would add, just ‘‘Make a deal,’’ I told them. able to confirm. Senator Lieberman was wor- by way of reiterating the point my By this time, Bill Frist had been in the ried that our side might have been giving Senate for a decade. An affable man and a friend has already made, the Senator away too much, and that in his view the brilliant heart-lung transplant surgeon, he quoted Jefferson and Adams about the group was in danger of hatching a deal that had been two years into his second term tyranny of the majority. would be unacceptable to Democrats. He when Majority Leader Trent Lott had her- Mr. ALEXANDER. That was de wanted to drop out. I told him again that he alded Senator Strom Thurmond on his one Tocqueville. couldn’t. The future of the country could hundredth birthday in early December 2002 C well depend on his participation. Mr. M CONNELL. De Tocqueville. by saying that if Thurmond’s segregationist ‘‘Joe. I need you there,’’ I told him. ‘‘Help Washington, when he was presiding campaign for the presidency in 1948 had been protect us.’’ over the Constitutional Convention, successful, ‘‘we wouldn’t have all these prob- Once the existence of the Gang of Fourteen according to legend, asked what will lems today.’’ The uproar over Lott’s com- became known, once a ferocious scrutiny be- the Senate be like. He said: Well, it ments had wounded the Majority Leader, and came trained on them, the group started to will be like the saucer under the tea- just before Christmas the White House had feel an even more determined sense of mis- in effect ordered that Frist would replace sion. They realized that they were doing cup. The tea will slosh out of the cup, Lott and become the new Majority Leader, something crucial, and loyalty to party be- down into the saucer, and cool off. the first time in Senate history that the came less important than loyalty to the Sen- In other words, from the very begin- President had chosen a Senate party leader. ate and to the country, at least for a little ning, it was anticipated by the wise As Majority Leader, Frist had almost no while. men who wrote the Constitution that legislative experience and always seemed to And until the day that a deal was struck, the Senate would be a place where me to be a little off balance and unsure of the Republican leader’s office boasted that things slowed down and were thought himself. For someone who came from a ca- no such deal was possible. reer at which he was consummate, this must As if to underscore this point, and see his over. That has been the tradition for a have been frustrating. When I became Minor- game of chicken through to the end, Frist very long time throughout the history ity Leader after the 2004 election, I obviously actually scheduled a vote to change Rule of our country. got to watch Frist from a closer vantage XXII of the Standing Rules of the Senate for Until the First World War, it was not point. My sense of his slight discomfort in May 24. possible to stop a debate at all. Cloture

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.004 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4541 was actually adopted by the Senate in cratic majority—to argue that we tion? Newer Senators may not know as the late teens of the previous century should restrain ourselves from taking much about it, may not have as long a and then lowered in the 1970s to the full advantage of this new Senate. view as they have. current two-thirds. From the country’s point of view, it Over the time the minority leader Looking at the history of our coun- is a huge step in the wrong direction. I has been here, hasn’t that been—I try, it is pretty clear to me that the am not advocating that, but I would be would ask through the Chair to the Re- Senate has done exactly what Wash- hard-pressed to say to our Members, publican leader, hasn’t that been the ington thought it would do, slow things the precedence having been set, why responsibility of the leaders of the Sen- down and move them to the middle, should we confine it to nominations. ate? and has been a place where bipartisan Mr. ALEXANDER. I agree with the Mr. MCCONNELL. I will say to my compromise was by and large achieved, Republican leader. friend from Tennessee, the Senator is except in periods of time where either Of course, the distinguished majority absolutely right. The one thing the two side had a very big majority which, of leader agrees with the Senator as well. leaders have always agreed on is to course, our friends on the other side He said in his book in 2007—I read it, protect the integrity of the institution. had in 2009 and 2010. but I will read it again—when talking For those who may be observing this The American people took a look at about the Republican efforts several colloquy, they probably wonder why it that and decided to issue a national re- years ago, Republicans were so upset is occurring. I wish to explain to our straining order and restore the kind of with actual obstructionism, as opposed colleagues—and to any others who may Senate they are more comfortable with to made up obstructionism, which is be watching while this colloquy oc- that operates, to use a football anal- what we see here. They were so upset curs—Senate Republicans are tired of ogy, between the two 45-yard lines. that this is what Senator REID said: If the culture of intimidation. There is not a doubt in my mind that the majority leader pursues a rules We have seen it over in the executive if the majority breaks the rules of the change that would kill the filibuster branch with the IRS and we have seen Senate, to change the rules of the Sen- for judicial nominations. And once you it at HHS with regard to ObamaCare; this feeling that if you are not in the ate with regard to nominations, the open that Pandora’s box, it was just a majority you need to sit down, shut up, next majority will do it for everything. matter of time before a Senate leader and get out of the way. That men- The Senator from Tennessee has point- who couldn’t get his way on something tality, that arrogance of power, has ed that out. moved to eliminate the filibuster from I wouldn’t be able to argue a year regular business as well, and that, sim- seeped into the Senate. The culture of intimidation is this: and a half from now, if I were the ma- ply put, would be the end of the Sen- Do what I want to do when I want to do jority leader, to my colleagues that we ate. it or I will break the rules of the Sen- What that means is the Senate would shouldn’t enact our legislative agenda ate—change the rules of the Senate by be similar to the House. A freight train with a simple 51 votes, having seen breaking the rules of the Senate. In could run through it. Many Senators what the previous majority just did. I other words, it is the intimidation, the have not visited the House Rules Com- mean, there would be no rational basis threat that has been hanging over the mittee. I have. It is an interesting for that. Senate as an institution for the last It is appropriate to talk about what place. few months. It needs to come to an The Republicans can run the House our agenda would be. I would be, of end. course, consulting with my colleagues by a single vote. But if one goes up to I believe that is why the Senator on what our agenda would be, but I the Rules Committee—and I am sure from Tennessee and myself would like don’t think there is any doubt that vir- the distinguished Republican leader the majority leader to answer the ques- tually every Member of the Senate Re- has been there—there are thirteen tion does he intend to keep his word. publican conference would think re- chairs, thirteen members. Senators shouldn’t have to walk on pealing ObamaCare would be job one of How many Democrats do you suppose eggshells around here, afraid to exer- a new Republican majority. I don’t have those chairs? Four. How many Re- cise the rights they have under the even have to guess is what likely to be publicans have those chairs? Nine. It is rules of the Senate. There is no ques- the No. 1 priority: repealing 2 to 1 plus 1 majority in the House tion that all Senators have a lot of ObamaCare. Rules Committee. In the House of Rep- power in this body. This body operates The Senator from Tennessee men- resentatives, whatever the majority on unanimous consent. That means if tioned drilling in ANWR. There has wants to do it can do. any 1 of the 100 wants to deny that, it been a majority in the Senate for quite If we have a body with 51 votes to makes it hard. That is the way the some time, both when the Democrats make all the decisions, and if I and Senate has been for a very long time. were in the majority and when the Re- others are deeply concerned about the I want the culture of intimidation by publicans were in the majority, to lift nuclear waste sitting around in some of the majority in the Senate to come to the ban against drilling in ANWR. these 100 reactors—we have several of an end. The way it can end is for the I think that would certainly be on us on both sides of the aisle who were majority leader to say: My word is any top 10 list that I was able to put working on legislation like that—and good, and we will quit having this cul- together as majority leader. Approving we want it put in a repository, legally, ture of intimidation hanging over the the Keystone Pipeline, we have gotten where it is supposed to be, we have 51 Senate for the next year and a half. as many as 60 votes for that. We have votes, if they all vote the way they The PRESIDING OFFICER. The Sen- gotten as many as 56 votes for ANWR. voted before, to order the government ator from Tennessee. What about repealing the death tax? to open Yucca Mountain and put the Mr. ALEXANDER. I wish to con- We had as many as 57 votes back in 2006 nuclear waste there. This is what we gratulate the Republican leader on his to repeal the death tax entirely. There can do with 51 votes. remarks. It is important for those is a new bill being introduced this The way our government is designed, watching to know there are plenty of afternoon by our colleague, Senator the House can order that, which they us here who know how the Senate is THUNE of South Dakota, to get rid of have. The Senate hasn’t because the supposed to work, and we are doing the death tax altogether, to get rid of majority leader has been able to make that. We passed the farm bill, and we the dilemma every American faces. He this body stop and think about whether passed the water resources bill, involv- has to visit the IRS and the undertaker it wanted to do this. I may not like ing locks, dams, and ports in this coun- on the same day, the government’s that result, but I prefer that process try. We did that the way the Senate is final outrage. for the good of the country to give us supposed to work. We worked across These are the kinds of priorities our the time to work things out. party lines. We got a consensus, got Members feel strongly about. I think I I would ask the Republican leader, more than the majority, and did it. would be hard-pressed, with the new hasn’t it always been the responsi- We have eight Senators who have majority—having just witnessed the bility, maybe the chief responsibility, come forward with an immigration way the Senate was changed with a of the Republican leader and the Demo- bill, a tough issue, but we are working simple majority by the current Demo- cratic leader to preserve this institu- together to see if we can resolve that.

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.007 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4542 CONGRESSIONAL RECORD — SENATE June 18, 2013 I am part of a group of six or seven can keep supporting our parents and told me about a senior being hospital- Senators who are trying to lower inter- will be able to support our kids. ized. She was being treated by the doc- est rates for 100 percent of students, How exactly has health reform tors and nurses so that she would be not just 40 percent. We are not trying helped extend the solvency of Medi- well enough to leave the hospital, and to ram it through with 51 votes, but we care? Well, to start with, it stopped when she left the hospital, they would are trying to get a consensus and then Medicare from overpaying private in- make sure to give her the prescriptions pass it and send it to the House. Hope- surers. As you might know, seniors can she needed. fully, they will do it. choose to get their Medicare benefits After a few days, this nurse would When the great civil rights bills directly from the Medicare Program or call the pharmacy and ask: Has Mrs. passed, they were a consensus, and the get them through a private insurance Johnson come in and filled those pre- country accepted them because they program that gets paid by Medicare, scriptions? were important pieces of legislation. which is called Medicare Advantage. The pharmacist would say: No, she When the Republican leader and I Before we passed health reform, we hasn’t. were young—I was here and he was al- were overpaying these private insurers Why was that? Because she was in most here—we saw Senator Dirksen by about 14 percent. So we reduced the doughnut hole. And guess what. In and President Johnson work together what Medicare pays these private in- 10 days or in 2 weeks or whatever, Mrs. to get a supermajority to say to the surance companies. In fact, over the Johnson would end up back in the hos- country it is time to move ahead on next 10 years we are going to reduce pital because she couldn’t afford her civil rights. That is the way the Senate these insurance payments by about 14 medicine. These readmissions cost our is supposed to work. Let’s stop the percent, which CBO scored in 2010 as health care system a lot of money. But threats, stop the intimidation and rec- saving Medicare $136 billion over 10 now, because we are closing the dough- ognize the progress we have made and years. nut hole as part of the health care law, get back to work on immigration. I will note that we were told by some these seniors are able to get their med- of our colleagues that if we did this, in- Mr. MCCONNELL. I wish to conclude icine. This is improving their health, by thanking the Senator from Ten- surance companies were going to leave and it is saving us money. nessee for a very impressive presen- the market, that we weren’t going to So we have increased benefits and ex- have Medicare Advantage anymore. tation and for his reminding us all of tended the life of Medicare, and that Well, so far, enrollment in Medicare what makes the Senate great. was done as part of health care reform. I yield the floor. Advantage has gone up by 10 percent, Many of the provisions of the health The PRESIDING OFFICER. The Sen- and I am glad about that because Medi- care reform law will make our health ator from Minnesota. care Advantage serves an important care system more efficient and will Mr. FRANKEN. Are we in morning purpose for millions of seniors across lower costs in the long run. I wish to business? our country. touch briefly on one I authored that is We are also adjusting reimburse- The PRESIDING OFFICER. We are. already keeping costs down for families ments to hospitals downward. Why and in Minnesota and across our country. f how does that work for hospitals? The provision of the health care reform When you insure 31 million people who MEDICARE law that I authored is based on a Min- previously didn’t have insurance, hos- Mr. FRANKEN. Mr. President, I rise nesota law in a way. In 1993 Minnesota pitals are no longer on the line for un- to talk about Medicare solvency. I wrote a law that insurance companies compensated care when those 31 mil- know that to many people the words had to report their medical loss ratio, lion people go into the emergency ‘‘Medicare solvency,’’ which is the abil- and that is the piece I wrote into the room. The hospitals aren’t left holding ity of the Medicare program to meet law. its financial obligations, sounds like an the bag for all of those costs. And we didn’t just extend the life of What is the medical loss ratio? Med- invitation to a nice nap. Medicare by 9 years; while we were at ical loss ratio is the percentage of pre- You and I pay into Medicare every it, we expanded benefits for Medicare miums a health insurer receives that month, and we need to know that the beneficiaries. I go to a lot of senior goes to actual health care—to actual benefits we paid for will be there when centers and nursing homes in my home health care, not to administrative we need them, and not just that. I need State of Minnesota, and I have to tell costs, not to marketing costs, not to to know Medicare will be around to you, seniors are very happy about their profits, not to CEO salaries, but actual cover my daughter and my new grand- new benefits. They are very happy health care. son when they become eligible. That is about the new free preventive care Starting in 1993 Minnesota health in- what Medicare solvency is about. they get—the wellness checkups and surers had to submit to the commis- A couple of weeks ago we got some the colonoscopies and the mammo- sioner of commerce—the Minnesota good news. According to the annual re- grams. They know and we know that Department of Commerce—their med- port released by the Medicare board of an ounce of prevention is worth a ical loss ratio. They had to compute it trustees, Medicare will stay solvent for pound of cure. and submit it. I took that and I put a 2 years longer than previously esti- Do you know what else we are doing little wrinkle into it. I wrote some- mated. with that money? We are closing the thing called the 80–20 rule, which says There are a lot of things that are prescription drug doughnut hole—the that insurance companies have to contributing to Medicare solvency, but gap in coverage under Medicare where spend at least 80 percent of their pre- one big thing is health reform. In fact, seniors have to pay the full costs of miums on actual health care for small Medicare will be solvent for a total of their prescription drugs in that gap. group policies and individual policies 9 years longer than before we passed Seniors are very happy about that. For and 85 percent for large group policies, health reform. Let me say that again. more than one-third of seniors, Social and if they do not meet that, the The life of Medicare is 9 years longer Security provides more than 90 percent health insurer has to rebate the dif- today than it was before we passed of their income, and for one-quarter of ference. Well, thanks to this provision health reform. elderly beneficiaries, Social Security is of the law, last year more than 12 mil- HHS Secretary Sebelius said: the sole source of their retirement in- lion Americans benefited from $1.1 bil- The Affordable Care Act has helped put come. So when Medicare stops covering lion in rebates from insurers that did Medicare on more stable ground without the cost of their prescription drugs in not meet the 80–20 rule, including eliminating a single benefit. the doughnut hole, that is serious, and 123,000 consumers in Minnesota. The point is that health reform is not sometimes these seniors have to decide In a new report, the Kaiser Family just about making our health coverage between food and heat and medicine. Foundation estimates that premiums more comprehensive, it is not just Well, because we have been closing this in the individual market would have making sure when we get sick we can doughnut hole, many don’t have to been $1.9 billion higher last year if it get the care we need, it is also making make that impossible choice anymore. weren’t for the medical loss ratio rule Medicare more efficient. It is extending When I was running for the Senate and they would have been $856 million the life of Medicare so that Medicare back in 2008, a nurse in Cambridge, MN, higher in 2011. That is more than $2.75

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.008 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4543 billion in savings over the last 2 years urged him to appoint Ray LaHood as He also had another safety campaign. alone. Those savings are in addition to America’s Secretary of Transportation. He conducted what he called a rampage the rebates consumers received. They I was confident that Ray LaHood would against distracted driving, people who estimated that insurers would have serve America with the same integrity were texting or talking on cell phones raised their rates that much more— and energy he had shown while serving and trying to drive at the same time. $2.75 billion more—if they hadn’t had as a Member of Congress from our He traveled more widely and more fre- to meet the 80–20 rule. This is another State of Illinois. As Secretary Ray quently than many professional pilots important way the health reform law is LaHood prepares to leave this impor- did. As a Washington Post reporter keeping health care costs down. So the tant Cabinet post, I am pleased but not wrote a while back: rule I wrote into the law has already a bit surprised to be able to say to the There are just two kinds of states: States saved Americans nearly $4 billion in President that I was right. He was an where [Ray LaHood has] been to spread his health care costs. excellent choice—in fact, one of the gospel of safety and to inspect transpor- In fact, after going up at three times best ever when it comes to the Depart- tation systems and those States that he plans to visit soon. the rate of inflation for a decade, over ment of Transportation. each of the last 2 years health care Make no mistake, Ray LaHood is a The people of Illinois are grateful to costs have gone up less than 4 percent proud Republican. I remember meeting Ray LaHood not only for his 4 historic for the first time in 50 years. That is him first when he was a staffer for Bob years as Transportation Secretary, but according to data released by the De- Michel, who was the Republican leader also for his many decades of service as partment of Health and Human Serv- in the U.S. House of Representatives. staffer to Bob Michel and then a mem- ices. Ray was a behind-the-scenes worker for ber in his own right in our Illinois dele- Now, I am not saying we are done, the Republican minority leader in the gation. Ray was born and raised in Peoria, not by any stretch of the imagination. House, and I knew he was from Peoria IL. He stayed true to his Midwestern We have more work to do. In fact, one but little else about him. When Bob values throughout his career. He start- big thing we could do would be to allow Michel announced his retirement, Ray ed his public service as a teacher in a Medicare to negotiate directly with LaHood said he was going to run for classroom. He cut his political teeth pharmaceutical manufacturers on the that position in Congress. working for another top Republican What surprised me was that some of price of their drugs. The VA does this, Congressman, Tom Railsback. As I my closest Democratic friends in cen- and they pay nearly 50 percent less for mentioned, then he went on to work tral Illinois said they were going to fi- the top 10 drugs than Medicare does. I for Bob Michel. In 1994 he was elected nancially support and do everything have a bill to allow Medicare to nego- to Bob Michel’s congressional district, they could to elect Ray LaHood. And I tiate directly with pharmaceutical the 18th District. The district stretches thought, this is really amazing. These manufacturers, and I hope to work from Peoria, south to the State cap- partisan friends of mine think Ray with my colleagues to bring this pro- ital, my hometown of Springfield. posal to the floor. LaHood, a Republican, is a good person There is a history of some pretty out- At the end of the day, my job is for this job. standing Congressmen from that dis- about strengthening what works in our So I started paying closer attention trict. I mentioned Bob Michel, and I country and fixing what doesn’t. Medi- to this new Congressman. As it turned can include Everett McKinley Dirksen care works. It works for seniors across out, we became close friends. We as well. If you go far enough back in the Nation, it works for grandparents worked together. We had adjoining history you will find there was a young from Pipestone to Grand Marais, and I congressional districts. Eventually, Congressman from a part of that dis- hope to work with my colleagues to when I was elected to the Senate, we trict by the name of Abraham Lincoln. protect Medicare benefits for our par- worked all through central Illinois on Ray is a great student of history. He ents and grandparents, while strength- common projects, and I was happy to inspired a great effort to create the ening the program for our children and do it. Ray was not working with a Abraham Lincoln Bicentennial Com- grandchildren. great appetite for publicity; he wanted mission, and I was honored to join him I thank the Chair, and I yield the to get the job done, and he didn’t mind as a co-chair with Harold Holzer of New floor. giving credit to Democrats or Repub- York. We observed President Lincoln’s The PRESIDING OFFICER (Mr. licans if we could achieve our goals, 200th birthday in 2009 with suitable rec- SCHATZ). The assistant majority leader. the local goals we shared. ognition and celebration across Amer- f When he became Secretary of Trans- ica. portation I saw that same spirit of co- Ray’s work helped students every- TRIBUTE TO RAY LAHOOD operation and bipartisanship. Any time where learn a little bit more about Mr. DURBIN. Mr. President, when I spoke to President Obama or Vice President Lincoln and his role in President Obama was first elected back President BIDEN about Ray LaHood, America’s history. Like his famous in 2008, I can recall the transition pe- their Secretary of Transportation, they predecessors, Ray LaHood has raised riod because his transition office was always said the same thing: He is the the standard for civility and coopera- literally next door to my office in the best and we are sure glad he is part of tion in the Congress. In the darkest Federal building in Chicago. I can’t our team. hours of the House of Representatives think of a more exciting time. Here The President could not find anyone when people were at each other’s was my colleague in the Senate who better to carry out the transportation throats, it was Ray LaHood who had just been elected President of the agenda for America in his first term. I reached across the aisle to a Demo- United States. believe history is going to record Ray cratic Congressman and said: Why The whole world was beating a path LaHood as one of the very best in that don’t we get together on a bipartisan to his door. Security was at the highest position. He put millions of Americans basis, with our families, for a weekend. level, and I made a point of not inter- back to work with the $48 billion trans- It seems so obvious and easy. Nobody rupting him—which I would have done portation funding that was part of had ever thought about it before Ray. regularly when he was my Senate col- President Obama’s Recovery Act. He Back in Illinois Ray used to convene league—during this historic and impor- oversaw the creation of the Nation’s bipartisan meetings with local offi- tant moment as he prepared to lead first high-speed rail program, a pro- cials, State representatives, and his America with the blessing and the gram that Illinois has participated in dedication to his district and his serv- mandate of the American people. with great commitment and excite- ice in the House earned him the reputa- I didn’t have a long list of requests— ment. He also helped to create the tion as one of the best. When President well, I did, but I didn’t exercise it—but TIGER Program, a $2.7 billion invest- Obama nominated Ray for Transpor- I spoke to him once or twice about a ment in America’s future that has tation Secretary, all of us in Illinois couple of things I thought might be built some of our Nation’s most signifi- knew the President had chosen the helpful to the country and to him. I cant transportation projects. And he right person. recommended to him one person to ap- helped save lives by focusing person- Ray’s legacy in DC will be substan- point to his Cabinet—one person. I ally on our national aviation system. tial, but it will be even greater back in

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.009 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4544 CONGRESSIONAL RECORD — SENATE June 18, 2013 Illinois. He has helped protect and and wounding four of her friends. Last level are taking proactive steps that build Illinois during his tenure at the Tuesday, four members of the Andrus are showing promising results. Department of Transportation. It was family in Darien, Illinois—including In Chicago, for example, targeted po- such a treat to be able to call the De- the family’s two daughters, ages 16 and licing strategies and community-based partment of Transportation, to speak 22—were shot to death in an apparent violence-prevention efforts have con- to the Secretary of Transportation murder-suicide. On Thursday, 19-year- tributed to a 31 percent reported de- about an Illinois project and have him old Robert Allen was killed in a drive- crease in homicides compared to last know instantly what you were talking by shooting on the South Side of Chi- year. The violence of this past week about. cago. And over the weekend, at least 6 shows that more needs to be done, but The O’Hare Modernization Program were killed and dozens more were this decline in killings is positive news. is a good example. There is hardly a wounded in shootings across the Chi- I commend the local officials, includ- more important economic engine in cago area. ing mayor Rahm Emanuel, who are the northern part of our State than the This senseless violence is devastating doing everything they can to reduce O’Hare Airport. The modernization of personally to the families involved, gun violence. O’Hare had reached a period of some and to all of us. Our thoughts and pray- The General Assembly in Illinois just difficulty and controversy. Ray ers are with the victims and with their passed important legislation that LaHood stepped in, brought the parties families. The sad reality is that gun vi- would mandate background checks for together, and put the Nation’s largest olence continues to be an epidemic in private gun sales and require reporting airport expansion project back on America. Over 11,000 Americans are of lost and stolen guns to law enforce- track. murdered with guns each year. If you ment, something we failed to do. It Secretary LaHood, as I mentioned count suicides and accidental shoot- should be a national law. earlier, brought high-speed rail to Illi- ings, the death toll from guns rises to These are steps that will help keep nois. Last year we rode the first 110- more than 31,000 Americans each year. guns out of the hands of criminals and mile-an-hour train between Chicago We have become almost used to this, the mentally ill. They will help reduce and St. Louis. He helped build a beau- haven’t we? We hear about it every crime and save lives. tiful new terminal at the Peoria Inter- night on the news and we begin to Other States are stepping up as well, national Airport. think this is normal. But it isn’t nor- with significant reforms passed in Secretary LaHood’s dedication to Il- mal in any country on Earth for so States like Colorado, New York, Mary- linois will be felt in every corner of Il- many people to die from the use of fire- land and Connecticut. linois for generations to come. People arms. But State action alone is not suffi- will be able to travel faster and more You can get a sense of this grim toll cient. We need to do our part in Wash- safely because of his work. He will by reading the daily ‘‘Gun Report’’ by ington. Too often these guns cross bring new businesses to the State by New York Times columnist Joe Nocera. State lines. Too often States have those transportation investments, cre- The report compiles news stories about weak gun laws next to States with ating the jobs that we all want to see. shootings across the nation. For exam- strong gun laws. That is why Congress Ray LaHood is a leader with integ- ple, yesterday’s Gun Report describes needs to plug the gaping loopholes in rity and character. He is also such a shootings that took place over the our Federal background check system good friend. I am going to miss him as weekend. It mentions: a 3-year-old in by passing legislation by Senator JOE my partner in government when he re- Columbus, Ohio and a 4-year-old in MANCHIN, a conservative Democrat tires from the position of Secretary of Wichita, Kansas who were hit on Fri- from West Virginia, and Senator PAT- Transportation. The Washington Post day by stray bullets; an 18-year-old girl RICK TOOMEY, a conservative Senator article I mentioned earlier had a won- in Ankeny, Iowa, who was accidentally from Pennsylvania. derful line. The reporter wrote: shot and killed by her father on Fri- Congress also needs to pass a bill Perhaps the most telling tidbit in day; a 30-minute shooting spree in with real teeth to crack down on straw LaHood’s life is that he resided in Omaha, Nebraska on Saturday that left purchasing and gun trafficking, a bill Washington for 30 years without once two dead and two critically injured; a that I worked on with Senators LEAHY, getting a haircut here. A man truly 76-year-old man who shot and killed his COLLINS, GILLIBRAND, and my colleague lives where he gets his haircut, and [for 75-year-old wife on Saturday in from Illinois, MARK KIRK. Ray LaHood] that is in Peoria, [IL]. Cortlandt, New York after an argu- Members of Congress need to take a As Ray LaHood prepares to leave ment; and a man who walked into a stand on the issue of gun safety and President Obama’s Cabinet and spend Catholic church in Ogden, Utah and gun violence. There should be no more more time with his family, I wish the shot his father-in-law in the head dur- hiding behind these empty, sham re- best to him. His wife Kathy—who was ing Sunday mass. These are just a few form proposals written by the gun often at his side traveling back and of the shootings mentioned in one Gun lobby to accomplish nothing. And no forth between Illinois and Wash- Report. And each new day brings an- more claims that all we need to do is ington—will have more time with Ray other long list of shootings in commu- just enforce the laws on the books be- and their four children: Amy, Sara, nities across America. It is appalling. cause we know the gun lobby has put Sam, and State Senator Darin LaHood Last Friday marked 6 months since loopholes in those laws that you can and their wonderful families too. I look the tragedy in Newtown when a gun- drive a truck through. forward to working with Secretary man murdered 20 small children and 6 I want to mention a few things Con- LaHood and his very able successor, educators at Sandy Hook Elementary gress should do to help reduce gun vio- former Charlotte mayor Anthony Foxx, School. In the 6 months since that lence beyond the two items I men- to maintain and improve America’s awful day, over 5,000 more Americans tioned. First, I will introduce legisla- transportation systems and networks, have been killed by gunfire. tion to encourage more crime gun trac- the backbone of our economy. I commend my colleagues from Con- ing by State and local law enforce- f necticut, Senator CHRIS MURPHY and ment. Crime gun tracing is a valuable Senator RICHARD BLUMENTHAL, who tool for criminal investigations. When GUN VIOLENCE have come to this floor repeatedly to a gun is recovered in a crime, a police Mr. DURBIN. Mr. President, I rise to call for reforms that will spare other department can ask the Bureau of Al- speak about the continuing toll of gun families the tragedy that the Newtown cohol, Tobacco, Firearms and Explo- violence on our Nation and on my families have suffered. sives, known as the ATF, to trace the home State of Illinois. We need to heed those calls. We can- crime gun back to its first retail sale. This past week we lost too many not simply shrug our shoulders and This information can help identify Americans, and too many Illinoisans, write off this epidemic of gun violence criminal suspects and potential gun to gunfire. Last Monday, 18-year-old as the cost of living in America. traffickers. When all the crime guns in April McDaniel was sitting on her There is some progress to report an area are traced, law enforcement porch in Chicago when a masked gun- when it comes to reducing gun vio- can start to define and identify traf- man in a car opened fire, killing April lence. Officials at the local and state ficking patterns.

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.011 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4545 ATF’s crime gun tracing system is sure that the ATF is the only game in viet Union and declaring its own inde- easy for law enforcement and it is free. town when it comes to enforcing gun pendence. Several years ago I reached out and laws, and then they are making sure it In 2004 Ms. Tymoshenko and count- challenged all of the law enforcement never has a permanent Director. less other Ukrainians organized a se- agencies in Illinois to submit the guns I want to put the gun lobby on no- ries of historic protests known as the they had seized in crimes for tracing tice. If we can’t get a Senate-confirmed Orange Revolution to address electoral through the ATF. I am pleased to re- Director for the ATF, then I am going fraud in the Presidential election in port that 388 Illinois agencies are now to move to repeal the rider and bring in those days. using the system called eTRACE but other Federal agencies with Senate- Ukraine’s future is clearly with the there are still thousands and thousands confirmed leadership—such as the Fed- community of democracies, and that is of law enforcement agencies across eral Bureau of Investigation—to make why the imprisonment of this former America that are not tracing their sure gun laws are enforced effectively Prime Minister is so troubling. When a crime guns. in this country. The National Rifle As- nation is a member of a community of The legislation I am introducing is sociation and the gun lobby cannot democracies, it can’t selectively throw called the Crime Gun Tracing Act. It have it both ways. They cannot com- its political opponents in jail for ques- will require law enforcement agencies plain that the gun laws are not being tionable policy decisions. If a poor pol- that apply for Federal COPS grants to enforced and then stop any effort to icy decision is made, let the voters de- report how many crime guns they re- put a permanent leader in place at this cide at the ballot box. covered in the last year and how many agency. The gun lobby has to make In the neighboring dictatorship of they submitted for tracing. It will then that choice. If they want to enforce Belarus, 2010 Presidential candidate Mikalai Statkevich, who had the te- give a preference in COPS grant awards gun laws on the books, they can work merity to run against the strong-man to agencies that traced all the crime with us to confirm a Director at the dictator Viktor Lukashenko, still sits guns they recovered. ATF. If they want to keep blocking the in jail because he challenged the dic- To be clear, law enforcement agen- ATF from having a Director, we will tator in an election. I might remind cies should not just sit around and wait have to get other agencies involved to my friends in Ukraine that they do not for a bill to pass before they start trac- make sure laws are enforced. It is that want to be compared to Belarus. They ing crime guns. Tracing brings enor- simple. mous benefits at virtually no cost. should be democratic. In closing, I again extend my sym- Countless international human Agencies should not wait for this bill; pathy and prayers to the victims and rights groups and other countries have they ought to start tracing today if families of gun violence. We have to do decried the charges against Ms. they have not done so already. But the our part in Washington to put an end Tymoshenko and called for her release. reality is many police departments, to this. We haven’t had the votes we The Parliamentary Assembly of the sheriffs’ offices, have not been doing needed yet, but we should not give up. Council of Europe passed a resolution this. My bill will create an incentive The American people are counting on in January of 2012 declaring that the for them to start. us to make America safer. articles under which Ms. Tymoshenko Let me say something else. The Sen- Mr. President, I now ask unanimous was convicted were overly broad in ap- ate needs to confirm a Director to head consent that my last statement be plication and effectively allow for ex the ATF. For the record, ATF has placed in a separate part of the post facto criminalization of normal never had a Senate-confirmed Director. RECORD. political decisionmaking. Later that The Senate refused to confirm a Direc- The PRESIDING OFFICER. Without year both the European Parliament tor under President George W. Bush objection, it is so ordered. and our very own Senate passed resolu- and refused the second proposed Direc- f tions condemning the sentencing of Ms. tor under President Obama. Now a TYMOSHENKO IMPRISONMENT Tymoshenko and calling for her re- third candidate is being considered. lease. Since the Director position began re- Mr. DURBIN. Mr. President, I rise to The European Court of Human quiring Senate confirmation in 2006, discuss an issue that I hoped I wouldn’t Rights, which settles cases of rights ATF has only had short-term Acting need to bring up today but unfortu- abuses after plaintiffs have exhausted Directors, temporary leaders. nately I do. I am referring to the con- appeals in their home country courts, Whether it is a Republican President tinued imprisonment of the former recently considered this case and ruled or a Democratic President, the gun Prime Minister of Ukraine, Yulia that Ms. Tymoshenko’s pretrial deten- lobby and their friends in the Senate Tymoshenko, who has now sat in jail tion was unlawful, that the lawfulness have objected to every nominee. It for almost 2 years. of her detention had not been properly looks as if they are preparing to mount In the fall of 2011 Ms. Tymoshenko reviewed, her right to liberty had been an effort to stop the most recent nomi- was imprisoned for a 7-year term on restricted, and that she had no possi- nee by President Obama, Todd Jones of charges that she abused her office in bility to seek compensation for her un- Minnesota. connection with a natural gas contract lawful deprivation. That is unaccept- To be effective and accountable, Fed- with Russia. I cannot judge the wisdom able. eral law enforcement agencies need of that contract, but what is deeply I truly hope this ruling will finally Senate-confirmed leadership. But the troubling to me is the appearance of se- create the circumstances for a face- gun lobby has done everything it can lective and politically motivated im- saving way out of this mess. Unfortu- to keep this agency leaderless and prisonment of a former political leader nately and regrettably, it has not hap- weak. This is beyond hypocritical. in the democratic nation of Ukraine. pened. That is why I joined my col- After the tragedy in Newtown, Mr. Ukraine is a promising and hopeful leagues, Senators RUBIO, BOXER, BAR- Wayne LaPierre of the National Rifle new member of the community of free- RASSO, MURPHY, and CARDIN, in submit- Association appeared before our Senate market democracies—one with a solid ting a resolution on the matter. It is Judiciary Committee and said he op- future in the West. It has strong ties to simple and straightforward and ex- posed efforts to close gun loopholes be- Europe and the United States. presses continued concern about Ms. cause ‘‘we need to enforce the thou- This photo shows police officers lead- Tymoshenko’s selective and politically sands of gun laws that are currently on ing former Ukranian Prime Minister motivated detention. the books.’’ Well, the agency that en- Yulia Tymoshenko out of the court- I will close by saying that I was in forces Federal gun laws and refers gun room after the verdict in her case in Ukraine last year. I met with Prime cases for Federal prosecution is the Kiev on October 11, 2011. Minister Azarov and President ATF. In fact, for the past 15 years there Ukraine is a great nation. It has Yanukovych. They were generous hosts has been a provision written in an ap- helped NATO in Bosnia, Libya, Iraq, and very kind. They told me that propriations bill, a gun lobby rider, and Afghanistan. It is a major contrib- something would be done in a positive that prohibits any of ATF’s enforce- utor and a valuable international way about Ms. Tymoshenko’s impris- ment functions from being moved to peacekeeper. It was an early leader in onment. That was a year ago and noth- another agency. So the NRA is making throwing away the shackles of the So- ing has happened. I was optimistic then

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.012 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4546 CONGRESSIONAL RECORD — SENATE June 18, 2013 and I will remain optimistic, but I curity is what the people demand. This current law hasn’t been executed in the want the Ukraine Government to know legislation has weak border security last 17 years. that we are going to hold them to the provisions. This is a border security and national standards of democracy. They cannot Amazingly, when I bring up border security issue. Without this system in imprison political opponents. You beat security, I am told by proponents of place, we are not in control of our im- them in an election, move on to lead, the bill that we don’t need to put our migration system. and you are held accountable by the entire focus on the border. Well, tell Senator VITTER’s amendment, which people who vote. that to the people of grassroots Amer- is pending, would ensure the current I hope a decision will be made in the ica. These authors remind me that law is met before we legalize millions near future to release Ms. about 40 percent of the people here ille- of people. I encourage my colleagues to Tymoshenko. gally are visa overstays or people who understand how this bill weakens our Mr. DURBIN. I yield the floor and never returned to their home country. ability to protect the homeland. I also suggest the absence of a quorum. I don’t dispute that 40-percent figure. I encourage the adoption of the Vitter The PRESIDING OFFICER. The couldn’t agree more that visa amendment when we vote at 3 o’clock. clerk will call the roll. overstays need to be dealt with as I yield the floor. The assistant legislative clerk pro- much as people who are here undocu- f ceeded to call the roll. mented and did not come here on a Mr. GRASSLEY. I ask unanimous visa. We need to know who is in our CONCLUSION OF MORNING consent that the order for the quorum country and when they are supposed to BUSINESS call be rescinded. depart, and then we need to know if The PRESIDING OFFICER. Morning The PRESIDING OFFICER. Without they actually leave. business is closed. objection, it is so ordered. We realized this way back in 1996 f Mr. GRASSLEY. Mr. President, I ask when we created the entry-exit system. BORDER SECURITY, ECONOMIC OP- to speak as if in morning business for 7 At that time, Congress—and still PORTUNITY, AND IMMIGRATION minutes. today—under the law, called for a MODERNIZATION ACT The PRESIDING OFFICER. Without tracking system to be created, and this objection, it is so ordered. followed the first bombing of the World The PRESIDING OFFICER. Under f Trade Center. We knew there were gap- the previous order, the Senate will re- ing holes in our visa system, and that sume consideration of S. 744, which the IMMIGRATION REFORM is why the entry-exit system was set clerk will report. Mr. GRASSLEY. Mr. President, when up. Unfortunately—and the people of The assistant legislative clerk read I closed last night I posed nine ques- this country probably don’t believe as follows: tions to Secretary Napolitano about this—we had legislation calling for this A bill (S. 744) to provide for comprehensive the immigration bill. She said that system to be in place and it still is not immigration reform and for other purposes. when confirmed, she would answer in place. Administration after adminis- Pending: questions that Congress put before her. tration—and that is Democratic, Re- Leahy/Hatch amendment No. 1183, to en- My questions came at the end of her publican, and now Democratic—dis- courage and facilitate international partici- hearing on the immigration bill, and missed the need to implement an effec- pation in the performing arts. we have not received an answer now in tive entry-exit system, thumbing their Thune amendment No. 1197, to require the 49 or 50 days. I would appreciate an- noses at the laws on the books. So here completion of the 350 miles of reinforced, swers to those questions. we are today—17 years later—won- double-layered fencing described in section 102(b)(1)(A) of the Illegal Immigration Re- I would like to speak about the dering when that system and mandate entry-exit system in the legislation be- form and Immigrant Responsibility Act of from Congress will be achieved. 1996 before registered provisional immigrant fore us. One of the concerns that has When introduced, the bill before us status may be granted and to require the been made about the immigration bill did nothing to track people who left by completion of 700 miles of such fencing be- before us is that it weakens current land. It did nothing to capture bio- fore the status of registered provisional im- law in several areas. Now, when I go to metrics of foreign nationals who de- migrants may be adjusted to permanent resi- my town meetings, I invariably get parted. We approved an amendment in dent status. somebody who says: We don’t need committee that made the underlying Landrieu amendment No. 1222, to apply the more legislation; just enforce the laws bill a little bit stronger, but it fell amendments made by the Child Citizenship that are on the books. Those very same Act of 2000 retroactively to all individuals short of current law. Current law says adopted by a citizen of the United States in constituents of mine would probably be we should track all people who come an international adoption and to repeal the really chagrined at the fact that we and go by using biometrics. It says the pre-adoption parental visitation requirement have legislation before us that would entry-exit system should be in place at for automatic citizenship and to amend sec- weaken current law. all air, sea, and land ports. We already tion 320 of the Immigration and Nationality Well, we had a lengthy discussion know that anything less than what is Act relating to automatic citizenship for during the Judiciary Committee mark- in current law will not be effective. children born outside of the United States up about provisions dealing with crimi- The Government Accountability Of- who have a United States citizen parent. nal activity and deterring illegal immi- Tester amendment No. 1198, to modify the fice has stated that a biographic exit Border Oversight Task Force to include trib- gration in the future. I have found that system, such as the one set forth in the al government officials. many existing statutes in this legisla- underlying legislation, will only hinder Vitter amendment No. 1228, to prohibit the tion—1,175 pages—have been revised efforts to reliably identify overstays temporary grant of legal status to, or adjust- and watered down, which sends exactly and that without a biometrics exit sys- ment to citizenship status of, any individual the wrong signal that should be sent to tem, ‘‘DHS cannot ensure the integrity who is unlawfully present in the United the people who seek to intentionally of the immigration system by identi- States until the Secretary of Homeland Se- break our laws. fying and removing those who have curity certifies that the US-VISIT System (a The sponsors of the bill have claimed biometric border check-in and check-out sys- overstayed their original period of ad- tem first required by Congress in 1996) has that the bill will make us safer. They mission—a stated goal of US-VISIT.’’ If been fully implemented at every land, sea, insist that the people will ‘‘come out of we don’t properly track departures, we and air port of entry and Congress passes a the shadows,’’ thus allowing us to won’t know how many people are over- joint resolution, under fast track procedures, know exactly who is here, where they staying their visas and we won’t have stating that such integrated entry and exit are, and whether they are a national any clue of who is in our country. data system has been sufficiently imple- security risk. Some will say: We can’t afford it. mented. We have talked a lot about the need Some will say: Our airports aren’t de- The PRESIDING OFFICER. The Sen- for border security in the last week. I vised in such a way to capture bio- ator from Vermont. think it is the most important thing metrics before people board airplanes. Mr. LEAHY. Mr. President, I am en- we can do for our national security and They will find any excuse not to imple- couraged that later today the Senate to protect our sovereignty. Border se- ment current law, and that is why this will vote on four amendments to the

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I us to pass a good bill. both sides of the aisle. share the majority leader’s wish to More than 100 amendments have been Then Senators from the Judiciary make progress on this important legis- filed to the comprehensive immigra- Committee considered it and adopted lation. We know the immigration sys- tion reform bill, but over the last 2 more than 130 amendments to improve tem is sorely in need of reform and now weeks we have only voted once on the it, almost all of them with a bipartisan is the time to do it. motion to table an amendment that al- vote. Senators from both sides of the Last week we should have disposed of ready had been defeated in committee. aisle need to come together now to de- several amendments to the bill before I began this process with a spirit of feat debilitating amendments and pass us, but in the Senate, progress requires cooperation. I offered an amendment this legislation. cooperation. Instead of going forward on behalf of myself and Senator HATCH, One of the procedural disputes that and actually having Senators take po- the senior member of the Republican has delayed us is the application of sitions and vote up or down, we had ob- Party, to strengthen our visa program what the Majority Leader has termed jection after objection from the oppo- for visiting foreign artists who come to the ‘‘McConnell rule’’ to provide for 60- nents of this legislation who put the perform with nonprofit arts organiza- vote thresholds for adopting amend- Senate in the unenviable position of tions. I was then willing, following the ments. Senate Republicans are now ob- having the public see us as voting procedures and the cooperation I have jecting to their leader’s own rule. That ‘‘maybe.’’ We know why people get dis- known here in the Senate for decades, is why the Majority Leader on Thurs- day took the action left to him to couraged with Congress. They don’t re- to give consent to Senator GRASSLEY alize that there is a small number of to set aside my amendment and offer move forward on the bill and moved to table Senator GRASSLEY’s amendment, people blocking any voting. They ex- his amendment relating to border secu- which I had worked with Senator pect us to vote for or against some- rity. Unfortunately, when we asked for GRASSLEY to allow him to offer and thing. There are going to be political the same courtesy so that other Sen- have pending. I am glad that we have costs to voting for or voting against, ators, Republicans and Democrats now gotten agreement to treat Repub- but they expect us to vote. It comes alike, could call up additional amend- lican and Democratic amendments with the job. And when people objected ments, there was an objection. I was equally. to proceeding to comprehensive immi- expected to cooperate and follow this Though I am encouraged that we will gration reform, that cost us several normal procedure, but the second we begin voting on this legislation, I be- days. Again, the American public sees asked for the other side to do that, it lieve that the Senate should not have the Senate as voting ‘‘maybe.’’ was: Oh, no, we can’t do it. The rules gone down the path insisted upon by Well, I am one Senator willing to have to be different. the Republican leader when he de- take the consequences of voting for or Then when the majority leader of- manded supermajority votes of 60 by against something and not voting fered a unanimous consent request to the Senate on so many amendments ‘‘maybe.’’ I think most Senators would have votes on the Grassley amendment and legislation. He has made every- prefer voting yes or no and not maybe. and others in a manner that Senate Re- thing subject to a filibuster standard. I In fact, when we finally ended the fili- publicans, including the Senate Repub- have tried to have the Senate act by a buster and were able to vote to proceed lican leader just a few days ago, had majority vote, which is the practice I to the bill, 84 Senators stood up and been insisting on with respect to would favor. Unfortunately, the Repub- said, Let’s proceed. They voted in favor amendments and legislation and nomi- lican leader has prevailed over and of doing so. They know they are going nations, the minority objected. over again and Republicans have in- to risk some criticism for doing that, Then when the majority leader asked sisted on 60-vote thresholds for the but at least they had the courage to do that a group of amendments offered by adoption of amendments. That is the it. Senators on both sides of the aisle be rule on which they have insisted. And We still have a tiny handful of Sen- allowed to be offered, again there was late last week, the minority objected ators who keep on trying to say vote an objection. to its own rule when the Majority ‘‘maybe.’’ It is frustrating because that So it is with great effort that we are Leader asked for consent to set votes initial delay was not necessary. It trying to work through amendments. for the Senate. They cannot insist didn’t add to the debate. It simply hin- But like the minority’s treatment of upon a rule for one side and not the dered the Senate’s consideration of the nominations, even consensus amend- other. They cannot have it both ways. bill. In fact, opponents of the bipar- ments are being objected to and de- I understand why the Majority Leader tisan legislation have even objected to layed. We have been unable to get an has asked for the same consents on adoption of the Judiciary Committee amendment by the Republican Senator which the Republican leader has in- substitute bill despite widespread from Nevada pending because there is sisted for years, following what the praise from both Republicans and Republican objection to a Republican Majority Leader has termed the Democrats for how we conducted our Senator offering an amendment which ‘‘McConnell rule.’’ proceedings and our overwhelming bi- is probably going to pass with over- What Republican Senators were in- partisan vote to get the bill to the full whelming support from both Repub- sisting upon is a simple majority Senate. This was a bill where almost licans and Democrats. It is no wonder threshold for their amendments and a all of the amendments accepted in public approval of Congress in last 60-vote barrier for Democratic Sen- Committee were on a bipartisan vote. week’s Gallup poll is 10 percent. At a ators’ amendments. That is not fair. I Additionally, over 40 amendments of- time when so many Americans are in am ready to work with the Majority fered by Republicans were accepted by favor of reforming the Nation’s broken Leader, the Republican leader, the the Committee. immigration system, we in the Senate Chairman and ranking member of the So the votes against even proceeding should be working together to meet Rules Committee, the ranking member to this bill indicate that at least 15 that demand and reflect what the peo- of the Judiciary Committee and other Members of the minority are so dug in ple of America want. interested Senators on reestablishing against comprehensive immigration re- The President spoke again last week majority rule in the Senate except in form that they are unalterably op- about immigration reform and what is special circumstances. That new ar- posed. They want us to vote maybe to needed. The President had with him a rangement will have to follow our work duck the issue. They want to duck the broad cross-section of those supporting on this bill and not delay or be applied issue. That is not a profile in courage. our efforts from business and labor to retroactively to undermine comprehen- Those few Senators should not further law enforcement, clergy, and from both sive immigration reform. obstruct the 84 Senators who appear sides of the aisle. Just as I worked with With respect to Senator GRASSLEY’s ready to go to work on this bill and President Bush in 2006 when he sup- amendment, which was tabled last

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Congress again passed a law re- tisan vote of two-thirds of the com- was following him to speak. He said, quiring a double-layered fence, this mittee. It would have undermined and On a matter of this importance, all time indicating very specific locations, unfairly preempted the pathway to amendments should be subject to a 60- totaling around 850 miles—even above earn citizenship. It would have made vote threshold. Well, I have had a dif- the current 700-mile requirement. the fates of millions seeking to come ferent view in the past, but I said, OK Eighty Senators voted for that bill. Let out of the shadows to join American then, we will do that for both Demo- me repeat that. Eighty Senators, Re- life unfairly depend on circumstances cratic and Republican amendments, publicans and Democrats, in a bipar- way beyond any control they might but let’s get it done. Having different tisan way voted in 2006, under the Se- have. I am troubled by proposals that standards for Republicans and Demo- cure Fence Act, for 850 miles of double- contain false promises in which we crats is not how the Judiciary Com- layered fence. promise citizenship, but it is always mittee considered this legislation. It is Well, you go again forward to 2008. As over the next mountain: We are going also not how the majority of Ameri- part of the Consolidated Appropria- to give citizenship, but not quite yet. cans expect us to conduct the debate. tions Act, Congress specified this time It is almost like Sisyphus pushing that The tactics of last week undermine the that not less than 700 miles of fencing rock up the hill. I want the pathway to Senate’s work on this important bill. would be required. To date, of course, be clear and the goal of citizenship at- Those who have already decided to op- of this requirement, only about 40 tainable. It can’t be rigged by some pose this bill at the end of the Senate’s miles of the double-layered fencing has elusive precondition. We should treat consideration can vote against it, but been completed. people fairly and not have their fates they should not dictate the work of 84 During debate on the Department of determined by matters beyond their Senators who are ready to go forward Homeland Security Appropriations Act control. No undocumented American and vote. in 2010, an amendment was offered to controls the border or is responsible for I call on all Senators to please file require the completion of at least 700 its security. The things that are being their amendments to this bipartisan miles of reinforced fencing along the set up to kill this bill would have legislation by Thursday and work with southwest border, and this time with a blocked my grandparents from coming us, if need be, on Friday and Saturday specific timeline, a specific date in to Vermont from Italy and would have and through the weekend, so we can mind: December 31, 2010. That amend- blocked the parents and grandparents make much-needed progress on this ment was agreed to on the Senate of many of the Senators now serving in legislation without further delay. floor. There were 54 votes in favor of it, the Senate. So I don’t want people to Mr. President, is there a division of including 21 Democrats, 13 of whom are move out of the shadows or to be stuck time? still here today. But the fence has still in some underclass. Just as we should The PRESIDING OFFICER. The time not been completed. not fault the DREAMers who were is equally divided. The amendment I have offered, brought here as children, we should not Mr. LEAHY. I reserve the remainder amendment No. 1197, simply requires make people’s fates and future status of my time. that we implement current law, com- dependent on border enforcement con- The PRESIDING OFFICER. The Sen- pleting 350 miles of double-layered ditions over which they have no con- ator from Iowa. fencing prior to RPI status being trol. Mr. GRASSLEY. I yield 10 minutes of granted. The completion of this section This legislation is far too important my time to Senator THUNE. of the fence would be a tangible, visible to be subject to needless delay, and I The PRESIDING OFFICER. The Sen- demonstration that we are serious hope the votes today signal an end to ator from South Dakota. about this issue of border security. the delay we have experienced until AMENDMENT NO. 1197 After RPI status is granted, the re- this point. We should have a healthy Mr. THUNE. Mr. President, I think maining 350 miles required by current and vigorous debate on the bill re- we all agree our immigration system is law would have to be constructed dur- ported out of the Judiciary Committee. broken and it needs to be fixed. Unfor- ing the 10-year period before registered Central to that debate is considering tunately, every time Congress has tried provisional immigrants can apply for and voting on amendments. to fix our immigration system, prom- green cards. So 350 miles before RPI One of the bright moments so far ises of a more secure border are never status; 350 miles after. I think it is a during this debate, in the view of the upheld. The bill we have in front of us reasonable way of approaching this American public, was the way Repub- today is following the same path as issue. licans and Democrats alike worked in past immigration bills. People have gotten up and said: Well, the Senate Judiciary Committee to get Under this bill it is certain that 12 this fence is old school. It is not the this bill before us in the full Senate. million people in this country who are only answer. It requires a combination The public debate was followed online here illegally will receive legal status of technology and manpower and sur- by thousands of people. We brought up soon after the bill is enacted. However, veillance, but there is an important amendments, we debated them, and the border security provisions of this place for infrastructure to play in this. then we voted on them. Nobody voted bill are again nothing more than prom- A double-layered fence, which was maybe; they voted yes and they voted ises which, again, may never be upheld. called for by Congress first in 1996, no. The American public responded When I talk to the people I represent again in 2006, again in 2008—for which overwhelmingly, saying this was the in the State of South Dakota, one of there was broad bipartisan support way to go, and I think Republicans and the questions I get over and over is, here in the Senate—should be some- Democrats on the floor justly praised When is our Federal Government going thing on which we follow through. the way it was done in the Judiciary to keep its promises when it comes to One of the other issues that has been Committee. There were 18 of us work- the issue of border security? raised is, well, there is not money to do ing together, and I compliment the dis- The second question is, Why do we this. There is money appropriated in tinguished Senator from Iowa for need more laws when we are not en- this bill. Mr. President, $6.5 billion is working with us. Although he dis- forcing the laws we currently have on appropriated, $1.5 billion of which is agreed with the outcome, we worked the books? dedicated to infrastructure. If you look together to get that debate finished. It is time that we follow through on at what it would cost to build a double- We went into the evenings and we promises of a more secure border. layered fence, the estimates are about worked all day for a couple of weeks Actually, you have to go back to 1996, $3.2 million per mile. So the 350 miles and we got it done. But now all 100 of which is the first time Congress spoke we call for before RPI status is granted

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.016 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4549 would run in the range of $1 billion— it was later that we finally forced the a part of the solution. This is not the sufficient within the money already al- money to be appropriated because the totality. This is not the entirety. located in the bill. issue was, you say you are for a fence, People come down here and say: Well, But my point, very simply, is this: you go back home and say: I voted for you cannot just build a fence. People We have made promises and commit- fencing and barriers, and then you do will tunnel under it. They will climb ments to the American people over and not put up the money. So the money over it. over and over again in a bipartisan way was even put up, and it still did not Of course they will. But coupled with here in the Senate which have not been happen as required by law. additional Border Patrol agents, cou- followed through on. I say to Senator THUNE, I think you pled with surveillance, coupled with Now, the Senator from Alabama, who said it so clearly. That is why the modern technologies, it is a composite offered an amendment very similar to American people are rightly concerned solution, if you will, but it still very this at the Judiciary Committee mark- about amnesty first with a promise of clearly is a deterrent. It is a visible, up, is here on the floor and has been a enforcement in the future. Even when tangible message and deterrent that we leader in terms of trying to secure our we pass laws that plainly say a fence want people to come to this country le- borders—an issue that I think most shall be built, we put up money to gally, we want to discourage illegal im- Americans, before we deal with any build that fence, and it does not happen migration. I think the fence is part of other aspect or element of the immi- in the future. the infrastructure component of that gration debate, believe ought to be ad- So what we are asked to do with this border security solution, and it is dressed. legislation is to grant amnesty imme- something we have all made commit- I would simply ask the Senator, if I diately. That will happen. That is the ments on in the past. might through the Chair, does he think one thing in this bill that will happen. I think it is very hard to ask people building 40 miles out of a 700-mile re- But we need to ask ourselves: What are to vote for an immigration reform bill quirement is keeping the promise we the American people telling us? that includes the legalization compo- made to build a border fence that is A recent poll showed that by a 4-to- nent to it if we are not going to follow adequate to deter illegal crossings? 1 margin the American people said: We through on the promises we have made Secondly, doesn’t infrastructure, such want to see the enforcement first. Then because the American people have as a double-layered fence, enhance the we will talk about the amnesty. Do heard this before. Promises, promises effectiveness of border control agents your enforcement first. is something they have heard plenty of and surveillance technologies along the The Senator’s question is, How will it in the past when it comes to this issue. border—recognizing again that it is not work? Well, we have discussed that We have yet to follow through on this the only answer; it is combined with, over the years. The greatest example of with the exception of the 36 miles that complemented by other forms of border how it works is in San Diego. That I mentioned that have been built. But security? But it is important, in my area was in complete disarray, with vi- commitments were made in 1996, re- view, that we have a visible, tangible olence, crime, drugs. It was an eco- quirements to do this in 2006. As the way in which we make it very clear nomic disaster zone. There was a very Senator said, in 2008 the money was that this is a deterrent to people com- grim situation in San Diego. There added. That was a 76-to-17 vote here in ing to this country illegally. were all kinds of illegality at the bor- the Senate. Seventy-six Senators from We want people to come here legally. der. They built a triple-layer secure both parties voted to fund this in 2008. We are a welcoming nation. We are a fence, and across that entire area ille- In 2006, 80 Senators, including now- nation of immigrants, but we are a na- gality ended totally, virtually. Almost President Obama, who at that time was tion of laws, and we have to enforce the no illegality is continuing at that a Senator, now-Vice President BIDEN, laws. We have not been doing that, and stretch of the border today. Crime was who at that time was a Senator, and at we have not been keeping the promises dramatically reduced. Economic that time Senator Hillary Clinton all we made to the American people when growth occurred on both sides of the voted for the Secure Fence Act in 2006. it comes to border security and more border. It was highly successful. So, again, I am not suggesting for a specifically when it comes to the build- So several things happen. First, you minute that it is the only solution, the ing of the fence. end the illegality with a good fence. cure-all, the panacea that is going to So I would ask my colleague from Second, it reduces dramatically the address this issue, but I think it is Alabama, through the Chair, about his number of Border Patrol officers need- something that is very real, very tan- views on this and whether we have fol- ed to make sure illegal crossings are gible, very visible. It is something we lowed through on a level that is any- not occurring because there is a force have made a commitment on to the where consistent with what we prom- multiplication of their ability. So you American people, and I think it is ised to the American people. Secondly, can save a lot of money by having something on which we ought to follow doesn’t the Senator think this infra- fewer people. When people see a very through. It certainly ought to be a re- structure component is an important secure fence, they decide it is not quirement—a condition, if you will—in element when it comes to the border worth the attempt, so they don’t even this legislation before some of these security part of this debate on immi- try to cross. That reduces the stress on other elements come to pass because if gration reform? the Border Patrol, the number of de- it is not, it will never get done, as we Mr. SESSIONS. Mr. President, I portations, and the number of people have already seen going back to 1996. thank the Senator from South Dakota. who have to be sent back. Building a So I hope that on amendment No. He is exactly correct. This is a failure fence reduces costs and saves money in 1197, when it is voted on this afternoon, of Congress and the administration. As the long run and really achieves what I we will have the same strong bipar- soon as some discretion was given to think the American people have asked tisan support we have had in the past the administration to not build a fence, us to achieve. on this issue. I hope, again, as the Sen- they quit building a fence, and we are I say to Senator THUNE, I think your ator from Alabama and I have dis- so far behind what we promised the amendment is very reasonable. It cer- cussed, we will follow through on a American people. tainly puts us on a path to completing commitment we made to the American I say to Senator THUNE, I remember the kind of barriers that are necessary. people and do something really mean- being engaged in the debate in both of As the Senator said, it comes nowhere ingful on the issue of border security. those years, 2006 and 2008. We actually close to saying there is a fence across With that, I say to my colleague came up with a fund. We funded suffi- the entire border. It would just be at from Alabama that, again, I appreciate ciently the fence construction that the areas where it would be most effec- his strong voice on this issue, and I needed to be done. We told the Amer- tive. hope he and I will be joined by many ican people we were going to do it. We Mr. THUNE. I say to my colleague others today. were proud of ourselves. Actually, I re- from Alabama—and, again, I thank Mr. SESSIONS. I say to Senator member giving a hard time to my col- him for his leadership on this issue, THUNE, thank you for your leadership leagues because in 2006 we authorized both past and present—what we are in offering a clear legislative proposal the fence but there was no money. So talking about here is something that is that will work. It is my observation

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But in order to get there, we good bit about fencing that might fast on June 12. Senator BENNET went are going to have to guarantee that occur, having a report on fencing. What on to say, ‘‘I have every confidence border security and the interior en- we do know is that it did not require that we are going to meet the mark forcement provisions and the reestab- fencing anywhere in the bill. But in well before the 10 years.’’ He said that lishment of basic order to our broken case anybody had any doubt about on June 12 as well. immigration system is accomplished in that, Senator LEAHY, the chairman of The interesting point about this dis- this bill; otherwise, it is not going to the Judiciary Committee, offered an cussion is the very same measurement happen. amendment that explicitly stated that or standard that is in my amendment In the words of Ronald Reagan, I nothing in the bill shall require the actually comes from the bill that was think we should ask people to trust, construction of any fencing at the bor- introduced by the Gang of 8: 100 per- but we should also verify that trust is der. So despite what others have heard cent situational awareness of the bor- justified. I am not sure some of my col- about this being the toughest bill ever der and a 90-percent apprehension rate. leagues appreciate how essential bor- and it is going to do more for enforce- All my amendment did is to say: OK, der security is to immigration reform. ment than we have ever had, it, in fact, you set the standard, but we are going For the past three decades, the Amer- weakens and almost guarantees we will to make sure the Federal Government ican people have been given one hollow not have additional fencing, which actually keeps its promises because, promise after another about the Fed- would certainly be a component, in my unfortunately, the history is littered— eral Government’s commitment to se- mind, of a stronger, tougher enforce- recent history, in particular—with bro- cure our borders. ment mechanism. ken promises by the Federal Govern- The rhetoric from Washington has Fencing barriers do, I believe, help ment, particularly when it comes to been impressive, but the results have the President, who should lead on this, immigration. been pathetic. The reality on the My amendment is necessary. My re- who should say clearly to the world: ground in Texas and in other border sults amendment, which I will describe Our border is secure. We are building States has been quite different. Let me further, is necessary because in its cur- fences and do not come. The number of put it this way. A decade after the 9/11 rent form, the underlying bill does not people who would attempt to come terrorist attacks that killed 3,000 include a genuine border security trig- would drop a lot if we made that clear Americans in New York, the Depart- ger. You do not have to take my word statement. ment of Homeland Security has gained for it. Last week, the assistant Demo- I thank the Senator for his good operational control of less than 45 per- cratic leader, Senator DURBIN of Illi- work. cent of our southern border—45 per- Mr. THUNE. Mr. President, I will say nois, himself said quite explicitly that cent. The Secretary of Homeland Secu- in closing, again, this is not—the bor- while the original proposal—as he de- rity said: ‘‘The border is secure.’’ The der is 2,000 miles long. This requires 700 scribed it in January 2013, he said: ‘‘A President said: ‘‘It is more secure than miles. So it would be put in those areas pathway to citizenship needs to be con- it has ever been’’—45 percent secure. where, as the Senator from Alabama tingent upon securing the border.’’ He For that matter, it has been more than noted, it is most needed. said that in the context of the bipar- a decade since the 9/11 Commission rec- With that, I yield the floor and ask, tisan framework for comprehensive im- ommended another important require- when the time comes, for support on migration reform. ment that is contained in my amend- amendment No. 1197. But later on he was quoted in the Na- ment, which is a nationwide biometric The PRESIDING OFFICER. The Sen- tional Journal, on June 11, saying, entry-exit system. ator from Texas. ‘‘The Gang of 8 bill has delinked the Mr. CORNYN. Mr. President, last pathway to citizenship and border en- It has been 17 years since President week I previewed an amendment I will forcement.’’ The bill that is being sold Clinton signed legislation mandating be offering, hopefully, as early as this today delinks the pathway to citizen- such a system. So we wonder why there afternoon, on the underlying immigra- ship and border enforcement. My has been such a lack of confidence and tion bill. This is an amendment which amendment would reestablish the very a trust deficit between the American the Democratic majority leader and at same linkage the gang themselves people and Washington when it comes least one or two other Members of the trumpeted in January 2013. to immigration reform and fixing our Senate have called a poison pill. I think this is a remarkable admis- broken immigration system. It is be- I find that somewhat bizarre, espe- sion, that the current bill delinks the cause they have been sold one hollow cially in light of what others have said pathway to citizenship and border se- promise after another. about this amendment, which I will curity. I think most Members of the We still do not have a biometric talk about briefly. It strikes me as un- Senate believe that whatever we do in entry-exit system that President Clin- usual that anytime anyone offers a dif- terms of the status of people who are ton signed into law 17 years ago, even ferent idea by way of an amendment currently here in undocumented sta- though about half of illegal immigra- that people do not like they call it a tus, that one thing we have to do is to tion occurs when people come into the poison pill, as if that was the only op- make sure we do not ever deal with country legally and overstay their visa tion. You either take it without the this issue again by failing to deal sen- and simply melt into the great Amer- amendment or you accept the amend- sibly and responsibly with border secu- ican landscape. That is where 40 per- ment and it kills the legislation. rity and enforcement. cent of our illegal immigration comes We know the truth is far different. In Basically, the approach of the pro- from. We are asking the American peo- fact, several members of the so-called ponents of the underlying bill, as cur- ple to trust us again? Gang of 8 who have been very much in- rently written, before my amendment, Until Congress acknowledges our volved in negotiating the underlying is: Trust us. Trust us. I have to say credibility problem when it comes to bill have different opinions, which ac- that you do not have to be a pollster to enforcing our immigration laws, in- tually I find somewhat refreshing but know there is not an awful lot of trust cluding border security, and until such not all that surprising. toward Washington and the Congress time as we take serious action to fix it, Senator FLAKE, for example, from Ar- and the Federal Government. It is easy we are never going to get true immi- izona, said, ‘‘I don’t think it is a poison to understand why with all of the var- gration reform, and we will never be pill,’’ on June 12. Senator RUBIO said of ious scandals or things that have been able to pat ourselves on the back and my results amendment, ‘‘It’s an excel- represented one way that turn out to say: You know what. This is not going lent place to start.’’ I am grateful for be another way. to happen again.

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.019 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4551 My amendment goes beyond mere But their bill reiterates a promise because it is the only way we are ever promises and platitudes. It demands re- but guarantees no results. We have had going to truly have bipartisan immi- sults. It creates a mechanism for en- 27 years of input since the 1986 am- gration reform. suring them. Under my amendment, nesty, and we still do not have secure I yield the floor. probationary immigrants are not eligi- borders. Now it is beyond time to guar- The PRESIDING OFFICER (Mr. DON- ble for legalization until after the antee not just more promises or inputs NELLY). The Senator from Rhode Is- United States-Mexico border has been but real outputs. land. secured and until after we have a na- I ask unanimous consent for an addi- Mr. REED. Mr. President, I ask unan- tionwide biometric entry-exit system tional 2 minutes. imous consent that I be allocated 8 at all airports and seaports and after The PRESIDING OFFICER. Without minutes and that the remaining Demo- we have a nationwide E-Verify system, objection, it is so ordered. cratic time be under the control of the which allows employers to verify the Mr. CORNYN. The latest data shows Senator from Connecticut, Mr. MUR- eligibility of individuals who apply for that U.S. authorities apprehended PHY. jobs to work legally in the country. about 90,000 people along the United The PRESIDING OFFICER. Without That is what a real border security States-Mexico border between October objection, it is so ordered. trigger looks like. That is why it is so of last year and March of this year. Mr. REED. Mr. President, I rise to important. Because we need to Given that we apprehend fewer than add my support to S. 744, the com- prehensive immigration bill we have incentivize everybody who cares pas- half of illegal border crossers, this been debating over the past week. sionately about border security and re- means we still have hundreds of thou- storing the rule of law to our broken I first wish to thank the eight Sen- sands of people coming into the coun- ators who came together to draft this immigration system, on the one hand, try across our southern border every and those who, on the other hand, more bipartisan bill. They have done an ex- year. traordinary job. And I wish to particu- than anything else want an oppor- The problem, it will not surprise the tunity for people to eventually become larly thank Senator LEAHY for his bril- Presiding Officer, is particularly seri- liant leadership as chairman of the Ju- American citizens, even if they have ous in my State because we have the entered the country illegally, after diciary Committee. largest common border with Mexico, Immigration reform is an important they have paid a fine and proceeded 1,200 miles. down a tough but fair path to citizen- priority that for far too long has been As the New York Times reported this left unaddressed. We all agree that the ship. last weekend: ‘‘The front line of the What we need to do is incentivize the current system is broken. The bill be- battle against illegal crossings has executive branch, the legislative fore us is a realistic approach to fixing shifted for the first time in over a dec- branch, and the entire bureaucracy to this broken system. That is certainly ade away from Arizona to the Rio make sure we guarantee that those will better than continuing the failed sta- Grande Valley of South Texas.’’ happen. This is the only way I know of tus quo. Indeed, on one day in the Rio Grande to do it. Unfortunately, many of our I have long been an advocate for com- Valley Sector, the Border Patrol de- colleagues do not want a real trigger prehensive and commonsense immigra- tained 700 people coming across the when it comes to border security. tion reform that is tough but also fair. border; 400 of them were from countries Above all, they want a pathway to citi- Standing here, addressing my col- other than Mexico—400 of them. During zenship. I am not convinced beyond leagues, urging immigration reform, I the fiscal year which began last Octo- that they have much concern for cannot help but remember the 2006 and ber, the number of apprehensions in whether we keep our promises with re- 2007 immigration debates and the many South Texas has increased by 55 per- gard to border security. They are hop- calls to pass immigration reform dur- cent, with more than 94,000 apprehen- ing that once again the American peo- ing that time. ple will put their faith in empty prom- sions just in the Rio Grande Valley. Today, 6 years later, we still have I was in South Texas a few weeks ago ises. not passed needed reform, responded to But the time for empty promises is meeting with property owners, ranch- the overwhelming call to do so from over when it comes to our broken im- ers, law enforcement officials, and oth- the American people, and moved our migration system. If we are ever going ers deeply concerned about the rising immigration system into the 21st cen- to push immigration reform across the tide of illegal immigration. But not tury. Today we once again have the finish line, which I want to do, we need only is this a national security issue chance to act and pass comprehensive to guarantee results. My amendment because people are coming from coun- immigration reform. does that. I would contend that rather tries other than Mexico, including This bill includes strong border secu- than my amendment being the poison countries that are of special concern rity measures to better protect our na- pill, the failure to pass a credible pro- because they are state sponsors of ter- tional security and to ensure that vision ensuring border security and in- rorism, this is also a major humani- those trying to come to the United terior enforcement will be the poison tarian issue. States for better opportunities do so le- pill that causes immigration reform to In Brooks County last year, 129 bod- gally. It calls for persistent surveil- die. ies were found, people coming across lance of the entire border, for the ap- That is not a result I want. I want us ranchland after suffering from expo- prehension of 90 percent of the illegal to see a solution. I do not want the sta- sure because they have come from Cen- entries, and makes the investments in tus quo because the status quo is bro- tral America, they have come from infrastructure and technology we need ken. It serves no one’s best interests. I China, and they have come from the to meet these tough goals. am just amazed at some of my col- Middle East. They have come from all The Secretary of Homeland Security leagues who are resisting this amend- over the world, and we have seen a would be required to submit both a ment. Why will they not take yes for sharp increase in the number of people comprehensive southern border secu- an answer? Why will they not take yes die because they are trying to navigate rity strategy and a southern border for an answer on something that unites our broken immigration system. fencing strategy to Congress, plans to Republicans and Democrats, who are One final point about immigration achieve these goals, before the 11 mil- actually desperately interested in find- reform. Whatever legislation we pass in lion immigrants waiting in the shad- ing a solution and believe the status this Chamber will necessarily have to ows could even begin the very tough quo is simply unacceptable? go to the House of Representatives. but fair earned path to citizenship. As I have repeatedly emphasized, my If we want the Senate bill to have This rigorous path includes criminal amendment simply uses the same bor- any chance of passing in the House and background and national security der security standards as the under- becoming law, we need to include real checks; paying fines, fees, and taxes; lying Gang of 8 bill. They are the ones border security measures and a real learning civics and English; and going who came up with the standard 100 per- border security trigger. Our House col- to the back of the immigration waiting cent situational awareness. They are leagues have made that abundantly line. the ones who came up with a 90-percent clear. In other words, my amendment The bill before us also improves apprehension rate. is not a poison pill, it is the antidote worksite enforcement to better protect

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As we continue this debate, I am Senators SCHUMER and CASEY, No. 1233 There is one fatal trap that comes hopeful the Senate will have the oppor- that would upgrade the immigration with these defining characteristics of tunity to consider three amendments I bar on expatriate tax dodgers. I au- 21st century America, a tripwire that have filed. thored an amendment to the 1996 immi- has ensnared our Nation too many In the 1990s, Liberian refugees fled a gration law that prohibits citizens who times in recent history. This is the be- brutal civil war that killed more than renounced their citizenship in order to lief that there are no limits to what 150,000 people and displaced more than avoid taxation from reentering the this combination of goodness and half of the population. Since then, United States. I was prompted to act power can achieve. In a word, that trap these individuals have been granted after hearing about a raft of wealthy is hubris. I rise because I fear we are on temporary protected status or deferred U.S. citizens who gave up their citizen- the verge of falling into this trap once enforced departure, granted by the ad- ship to avoid paying taxes but would again. ministration because the conditions in obtain reentry to the United States In April, the Presiding Officer and I, their home country of Liberia were too very easily and continue, effectually, as well as several other Members of the dangerous for them to return. Many of to live their lives as Americans, even Senate and the House, visited the Kilis these individuals have now been legally though they were for, tax purposes, for- refugee camps of Turkey and Syria. residing—legally residing—in our coun- eigners. These were reportedly the best of the try for more than 20 years, paying One of the more egregious examples refugee camps set up to shelter Syrian taxes, holding jobs, and being part of was Kenneth Dart, a billionaire who, in families fleeing the blood and carnage our communities. the early 1990s, renounced his Amer- of that country’s civil war. It is not a Amendment No. 1224 would clarify ican citizenship to avoid paying U.S. place I would have wanted to stay for one aspect of the merit-based track taxes. He became a citizen of Belize another hour. two system, ensuring that it makes eli- and then was appointed by the Govern- We met a girl who had half her face gible these Liberians and others who ment of Belize to be a consular officer scarred by a Syrian rocket attack. I were granted TPS or DED due to dan- in Sarasota, FL, Mr. Dart’s hometown. met a little orphan boy whose parents gerous or inhospitable conditions in This ruse and other ruses such as this had been felled by the ruthless tactics their home countries and who meet the must be stopped. My amendment would of Bashar al-Asad. We were there for an 10-year minimum requirement for long- make it clear that the Department of afternoon, but we didn’t need to spend term alien workers. Homeland Security must stop this more than 10 minutes in that place to This bill intended to include these flouting of the law by people who avoid be deeply moved by the case of the ref- populations. However, the long-term taxes by changing their citizenship and ugees. alien section of the bill uses the term then freely return to the United Of course, Syria presents not only a ‘‘lawfully present.’’ Since this term is States. humanitarian imperative, Syria is of not defined by statute and could be I look forward to action on these immense strategic importance to the subject to interpretation, these Libe- amendments during this debate. This is United States. The Asad regime has rians and others in similar situations an important debate. Indeed, the been a thorn in our side for years, and could be inadvertently excluded from strong bipartisan vote that brought us now his refusal to step down has cre- this track. The intention was always to to this moment procedurally captures ated a bloody conflict that is in real include these individuals. I ask my col- the overwhelming recognition that we time destabilizing a region that is crit- leagues to work with me to correct this need to fix the system. We need to ical to our national security interests. so these deserving individuals, whom move forward. Even worse, the fight has drawn in four different Presidents have sup- This is a situation where we have a Islamist groups affiliated with al- ported, are not left behind on a techni- bipartisan bill that has overwhelming Qaida. A failure to root out their influ- cality. support in the United States. We must ence and reduce their presence threat- The second amendment, No. 1223, rec- move it forward, amend it appro- ens to hand them a new base of oper- ognizes the longstanding role that li- priately as I have suggested, pass it, ation with which to plot attacks braries have played in helping new and then send it to the House with the against Americans. Americans learn English, American hope and the expectation that the It is easy to see why American inter- civics, and integrate into our local President will sign this bill, opening a vention is so tempting. It is easy to see communities. It ensures that they con- new era in this country for the millions why President Obama has chosen to tinue to have a voice in these critical who are seeking to be Americans. act: a humanitarian crisis, a strategic efforts. Across the United States, li- I yield the floor. interest, a uniquely American blend of braries are the cornerstone of all sorts The PRESIDING OFFICER. The Sen- goodness and power tells us we can, of educational activities. In fact, ac- ator from Connecticut. that we must try to make things bet- cording to the Institute of Museum and Mr. MURPHY. I ask unanimous con- ter. Library Services (IMLS), more than 55 sent to speak as in morning business Here is the rub. It is not enough for percent of new Americans use a public for up to 10 minutes. there to be a will. There also has to be library at least once a week. The PRESIDING OFFICER. Without a way. Libraries offer learning opportunities objection, it is so ordered. Today in Syria I do not believe there to new Americans in a trusted environ- SYRIA is that way. I do not believe this Con- ment. We have to recognize the vital Mr. MURPHY. Mr. President, there is gress should give the President the importance of libraries as we ask indi- so much good flowing through the ability to escalate America’s role in viduals to come forward to learn veins of this country. We are, by and the Syrian conflict without a clear set English, to learn civics, and to learn large, a compassionate, just people. It of goals and a clear sense that we can the skills that are required to partici- hurts us deeply to see pain and suf- achieve these goals. pate fully in the life of the American fering in places that don’t enjoy the Let’s start with the odds attached to people. relative safety and security of Amer- our first objective, overthrowing This amendment expands on the re- ica. Bashar al-Asad. The unfortunate re- cent partnership between U.S. Citizen- We are, more so than ever before, a ality is that the momentum is with the ship and Immigration Services (USCIS) powerful people. We are the one re- Asad regime. With the help of and IMLS, and ensures that libraries maining superpower with a military Hezbollah and Qasem Soleimani, a sen- remain a keystone and a resource for that dwarfs all others and a record of ior Iranian Quds Force commander, new Americans. This amendment throwing our weight around in all cor- Asad has driven the rebels from the would add the IMLS as a member of ners of the globe. key town of Qusayr, and his forces are

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.022 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4553 now battering the rebels’ positions in perts think that when we leave, the I yield the floor, and I suggest the ab- Aleppo. place is going to look pretty much like sence of a quorum. American-supplied automatic weap- it did before we got there. If we can’t The PRESIDING OFFICER (Mr. ons are not going to be enough to effect change with tens of thousands of KAINE). The clerk will call the roll. change this reality. While antitank and troops, how are we going to do it in The assistant bill clerk proceeded to anti-aircraft weapons, along with ar- Syria with just guns and cash? call the roll. mored vehicles, could give the advan- There is a risk that our assistance Mr. MCCAIN. Mr. President, I ask tage to the Syrian opposition, this could actually make things worse. unanimous consent that the order for would, frankly, invite another more Would it not embolden the Iranians, the quorum call be rescinded. sinister problem. The Syrian opposi- the Russians or the extremists to fight The PRESIDING OFFICER. Without tion is not a monolithic force. It is an harder against the new regime if they objection, it is so ordered. interlocking, sometimes interdepend- know they are backed by American Mr. MCCAIN. I ask unanimous con- ently operating, sometimes independ- money and arms? sent to address the Senate as if in ently operating, force. As we saw in our disastrous occupa- morning business. Our favored faction is the Free Syr- tion of Iraq, American presence often The PRESIDING OFFICER. Without ian Army, but they are currently far attracts extremists, not repels them. objection, it is so ordered. from the most effective fighting force Our money and arms become bulletin Mr. MCCAIN. I thank the Presiding of the opposition. board material for extremist groups Officer for these few extra minutes. I Today the most effective fighting around the globe. Why would we want intend to speak until 12:45. unit of the rebels is Jabat al-Nusra, an to help al-Qaida’s recruitment by put- There is a lot to say about the immi- Islamist extremist group with demon- ting a big red, white, and blue target gration bill, and obviously there are strable ties to al-Qaida. If we give on Damascus for years to come? amendments that are pending. heavy weaponry to the FSA, there is The bottom line is this: Not every- One, the Thune amendment would virtually no guarantee these weapons where where there is an American in- delay the process of bringing people will not find their way to Jabat al- terest is there also a reason for Amer- out of the shadows until 350 miles of Nusra, a group that represents the very ican military action. In Syria, with a double-layer fencing is complete. This movement we are fighting across the badly splintered opposition, a potential could have the impact of delaying the globe. nightmare follow-on civil war, I believe process for years. I note with some in- In fact, we have been down this road the odds are slim that U.S. military as- terest that the Senator from Texas, before. In the eighties, we gave power- sistance will make the difference that Senator CORNYN, believes there is no ful weapons to the mujahedin in Af- the President believes it will make. more fencing required in the State of ghanistan, freedom fighters that we And I worry that our presence could Texas. supported in their war against the So- harm, not advance, our national secu- Fencing is important. Surveillance is viets. Of course, as we all know, after rity interests. more important. This bill alone as kicking out the Soviets, those fighters There is, thankfully, another way. presently written includes $1.5 billion later formed the foundation of the Given the atrocities occurring within of fencing for the southern border as a Taliban, providing a staging ground in Syria and the potential for further de- trigger to begin adjustment of status Afghanistan for al-Qaida’s plans stabilization in the region, the United for those in RPI status, but it doesn’t against the United States. States cannot and should not simply arbitrarily dictate the number of miles Let’s take our second objective. Even walk away from Syria. We should dra- of double-layer fencing that should be if we are successful in toppling Asad, it matically increase our humanitarian built. I think we should leave that to matters to us greatly who takes the aid—both inside and outside Syria. We the best judgment of the Border Patrol. reins of Syria next. I can’t imagine we should help improve conditions at the I would point out that back in 2007, are getting into this fight just to turn refugee camps in Turkey and Jordan, the Senators from Texas added an the country over to the al-Nusra front and help other nations bearing the bur- amendment to an appropriations bill or another Iranian- or Russian-backed den of displaced persons, such as Leb- that said: If the Secretary determines regime. But if we do care about which anon and Iraq, deal with the influx of the use or placement of resources is regime comes next, and we should, people. Put simply, we should con- not the most appropriate means to then we need to admit we aren’t inter- centrate our efforts on humanitarian achieve and maintain operational con- vening in Syria for the short run. We help inside Syria and on making sure trol over the international border. We are in this for the long haul. Why? Be- the conflict doesn’t spill outside of currently have 352 miles of pedestrian cause as we all learned in history class, Syria’s borders. fencing, 298 miles of vehicle fencing these upheavals run a pretty predict- At the very least, our Nation’s role in along the southern border, which is able course. There is first the revolu- Syria deserves a full debate in Congress where the Border Patrol said it is most tion and then there is the civil war. before America commits itself to a effective. Iran nor Russia will allow a U.S.- course of action with such potentially The Vitter amendment has the same backed Free Syrian Army to simply huge consequences for our national in- limitations. We agree, and in the bill stand up a new government. Certainly, terests. According to published press an exit-entry system is created. The Jabat al-Nusra and other extremist reports, the administration has indi- bill mandates that before anyone re- groups are not going to do the lion’s cated it does not intend to seek con- ceives a green card, an entry-exit sys- share of the early fighting and then gressional approval before shipping tem must be in place in all air and sea just walk away with no role in the new arms to the Free Syrian Army—at a capabilities. government. time, I would note with some irony, I want to remind my colleagues who Then we have to admit we are in the when the United States still officially keep referring back to 1986—and I was medium and in the long term deciding recognizes the Asad government. around at that time—there was no real to arm one side of what promises to be The Foreign Relations Committee provision for border security there. a very complicated multifront heavily has done its work here, and I commend There are provisions here. And I want proxied civil war. Chairman MENENDEZ. We have had to emphasize that we know exactly One may say there is still an interest hearings, we have held a debate and a from the Border Patrol the technology to negotiate the politics and the mili- vote on a resolution, but now that the that is needed in each sector in order tary logistics of this second conflict. President has announced these new to get 90-percent effective control of To that I would ask, what is the evi- steps, it is incumbent upon the full the border and 100-percent situational dence we have ever gotten this tight- Senate to ask questions of the adminis- awareness, and these are detailed in rope right in the past? Recent history tration’s short-term and long-term important technology—which is the tells us America is pretty miserable at goals, and to debate the consequences real answer to border security. pulling the strings of Middle Eastern of American intervention fully. This is I am absolutely confident that with politics. In Afghanistan, after 10 years serious business, and the American the implementation of this technology- of heavy military presence, many ex- public deserves a full debate. based border security system, we can

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.024 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4554 CONGRESSIONAL RECORD — SENATE June 18, 2013 absolutely guarantee the American RUBIO, BENNET and FLAKE. I thank the children, including 3M, Medtronic, and people—but, more importantly, the members of the Judiciary Committee Hormel in Minnesota. head of the Border Patrol—I will have who all had a hand in changes to the Workers, inventors, scientists and re- a statement from him early this after- bill. And I specifically want to thank searchers from around the world have noon, and he will say that if we imple- Senator HATCH who worked with me on built America. And in an increasingly ment the technology—which they gave the I-Squared—Immigration Innova- global economy, they are a big part of us the detailed list of—he is confident tion—bill. The bill on the floor today keeping our country competitive we can have 90-percent effective con- contains many of the provisions from I- today. trol of our border and 100-percent situ- Squared that encourage more Amer- If we want to continue to be a coun- ational awareness. ican innovation. try that thinks, invents and exports to I hope my colleagues who are con- As you know, we passed this com- the world, then we can not afford to cerned about border security—and le- prehensive immigration bill out of shut out the world’s talent. It doesn’t gitimately they are—will pay attention committee on a bipartisan vote of 13 to make sense to educate tomorrow’s in- to the statement of the head of the 5 and I am hopeful we can build that ventors and then send them back Border Patrol who says unequivocally same kind of broad-based support on home, so they can start the next that if we adapt these specific enforce- the Senate floor. Google in India or France. ment capabilities and technology, we This is not going to be simple. It is That’s why I introduced the I- will be able to have control of our bor- not going to be easy. But the most im- Squared Act with Senator HATCH to der. That is an important item in this portant thing—the reason I am opti- make much needed reforms to allow debate and it is incredible detail. mistic we can get something done—is our companies to bring in the engi- Also in this legislation we need to the fact that we are all coming at this neers and scientists they need to com- give them the flexibility where there is from the same basic starting point: pete on the world stage. One of the things that bill would do the improved technology, et cetera. We Democrats and Republicans, Sen- is increase fees on employment-based do need more people to facilitate move- ators from border States and Senators green cards, so that we can also rein- ment across our ports of entry, but we from inland States, we can all agree on vest in or own homegrown innovation this: Our current immigration system have 21,000 Border Patrol. Today, on pipeline by funding more science, tech- the Arizona-Mexico border there are is broken. And changes must be made. The question now is how those nology, engineering and math initia- people sitting in vehicles in 120-degree tives in our schools. changes should come about, and that is heat. In 1986, we had 4,000 Border Pa- In my State the unemployment rate why we are having this debate—to find trol. We now have 21,000. What we need is at 5.4 percent. We actually have job is the technology that has been devel- that common ground and pass a bill openings for engineers, we have job oped in the intervening years. that is ultimately stronger because it openings for welders, and we want I would be more than happy to say to reflects the needs and priorities of both those jobs to be filled from kids who go my colleagues that if we have a provi- parties and all regions of the country. to the University of Minnesota. We sion that this strategy must be imple- Passing comprehensive immigration want those jobs filled by kids who get mented and is providing 90-percent ef- reform will be a vital step forward for a degree at a tech school in Minnesota. fective border control, that would serve our country. It will be vital to our im- But right now we have openings and we as a trigger. migrant communities, who have been have to do a combination of things. We I hope my colleagues will reject the separated their families for too long. It have to be educating our own kids and pending Vitter and Thune amendments will be vital to our security. And its making sure if there is a doctor coming and we will move on with the legisla- will be vital to our economy, to from another country who is willing to tive process. strengthening our workforce, address- study at the University of Minnesota Mr. President, I yield the floor. ing our long-term fiscal challenges and or in Rochester, MN, and then wants to f promoting innovation. do his or her residency right in Amer- There are many strong and compel- RECESS ica in an underserved area in a place ling arguments for immigration re- such as inner-city Minneapolis or a The PRESIDING OFFICER. Under form, but let me begin with the eco- place such as Deep River Falls, MN, we the previous order, the Senate stands nomic impact on our businesses and let them do that residency or intern- in recess until 2:15 p.m. major industries. ship there instead of sending them Thereupon, the Senate, at 12:43 p.m., Minnesota is a big agriculture State, packing to their own country. recessed until 2:15 p.m. and reassem- just like the State of Wisconsin, Much of the legislation that was in bled when called to order by the Pre- Madam President, and I can’t tell you the I-Squared bill, as I mentioned, is siding Officer (Ms. BALDWIN). how many farmers and agricultural included right here in the bill we are f businesses I have heard from who tell considering. The health care leaders’ me they rely on migrant workers and BORDER SECURITY, ECONOMIC OP- provision I mentioned originally, other immigrants to keep their oper- called the Conrad 30 bill, something I PORTUNITY, AND IMMIGRATION ations going. I have heard it from high- MODERNIZATION ACT—Continued worked on with Senator HEITKAMP and tech startups, too, as well as big tech- Senator MORAN and others—that is The PRESIDING OFFICER. Under nology companies like 3M, St. Jude and also in this bill. the previous order, the time until 3 Medtronic. I have heard it from the Here’s something else that’s just p.m. will be equally divided and con- homebuilders and the construction good sense: Bringing the roughly 11 trolled between the two leaders or companies, even hospitals and health million undocumented workers out of their designees for debate on the pend- care providers. the shadows. ing amendments. These businesses represent a vast Immigrants who are ‘‘off the grid’’ The Senator from Minnesota. range of industries and interests. But can not demand fair pay or benefits, Ms. KLOBUCHAR. Madam President, when it comes to immigration reform, and there are those who seek to take I come to the floor today to ask my they all agree: It is critical to their op- advantage of that. It’s a bad thing for colleagues to join us in supporting the erations, and it is a vital engine for the American workers whose wages are historic comprehensive immigration growth and innovation. undercut. And it’s a bad thing for the bill that is before us today. In fact, history shows that immi- American families whose undocu- We worked hard on the Judiciary grants have helped America lead the mented relatives are being exploited. Committee to craft a strong bipartisan world in innovation and entrepreneur- In addition to the economic implica- bill that bolsters our economy, secures ship for generations: tions, having millions of undocumented our borders and promotes opportunity More than 30 percent of U.S. Nobel people living in our country poses a se- for both businesses and families. Laureates were born in other coun- rious threat to both our national secu- I thank all of those involved in the tries. Ninety of the Fortune 500 compa- rity and public safety. original bill—Senators SCHUMER, nies were started by immigrants, and This bill takes the only rational and MCCAIN, DURBIN, GRAHAM, MENENDEZ, 200 were started by immigrants or their feasible approach to bringing these

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.025 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4555 people out of the shadows, by creating the United States. We actually have ern Minnesota in search of work, and a fair, tough and accountable path to the first Hmong woman legislator, Mee the iron ore mines and forests of north- citizenship for those who have entered Moua. We are better off because of the ern Minnesota seemed the closest thing the country illegally or overstayed incredible diversity and entrepre- to home in Slovenia. My grandpa never their visas. neurial spirit these people have graduated from high school, but he It’s not an easy path. You have to brought to our state. saved money in a coffee can so my dad pay fines, stay employed, pass a back- We are proud of the work these peo- could go to college. ground check, go to the back of the ple have done. We know and we believe My dad earned a journalism degree line, learn English and wait at least 13 we are better off because of the incred- from the University of Minnesota and years to become a citizen. ible diversity and entrepreneurial spir- was a newspaper reporter and long- And if you have committed a felony it these people have brought to our time columnist for the Star Tribune. or three misdemeanors, you’re not eli- State from other countries. My mom was a teacher and she taught gible. You have to go back to your Just as we have granted asylum to second grade until she was 70 years old. home country. people fleeing violence in other coun- Her parents came from Switzerland to Keep in mind, none of these steps to- tries, we must also look after those Milwaukee where my great grandma wards citizenship would even begin fleeing violence here at home. That is ran a cheese shop. The Depression was until we had done what is necessary to why I feel so strongly about the need hard on their family and out of work secure our borders. to ensure immigrant victims of domes- for several years, my grandpa made This bill immediately appropriates tic violence are not forced to suffer in and sold miniature Swiss chalets made $4.5 billion towards adding more border silence. out of little pieces of wood. patrol agents, more fencing, and more The bill we are considering includes So I stand here today on the shoul- technologies like aerial surveillance to two amendments I introduced in the ders of immigrants, the granddaughter prevent illegal crossings over the Judiciary Committee that would pro- and great-granddaughter of iron ore southern border. That is money that is tect immigrants who are victims of do- miners and cheese-makers and crafts- being committed today, not a promise mestic violence and elder abuse. No men, the daughter of a teacher and for future spending or something de- person who is being abused should be newspaper man . . . and the first pendent on future Congresses. That forced to live in fear because they are woman elected to the Senate from the money will be spent to make our bor- worried they will lose their immigra- State of Minnesota. der more secure. tion status if they speak up. Children It could not have been possible in a I think it is important to recognize should not be forced to live in fear ei- country that didn’t believe in hard that these new efforts would come on ther. So we need to change our laws to work, fair play and the promise of op- top of all the progress we have already ensure that families are not being torn portunity. It could not have been pos- made in recent years. Some estimates apart by a system that is not only inef- sible in a country that didn’t open its show that net illegal migration over ficient and expensive, but cruel: 64,500 arms to the risk-takers, pilgrims and the Mexican border is actually nega- immigrant parents were separated pioneers of the world. tive—meaning more people are going from their citizen children during the So this is a very special and enduring back or being sent back to Mexico than first 6 months of 2010 as a result of de- part of the American story. And we are coming here illegally. We have seen portation. So this bill is about pro- need to be sure it continues for future a sea change over the last few years tecting families. It is also about build- generations in a way that is fair, effi- and much of it, of course, is because of ing families. cient and legal. enforcement efforts going on, many If I can say one thing about the do- Passing this bill is important to our funded by this Congress. mestic abuse issue, I cannot tell you economy. It is important to our global But preventing illegal immigration how many cases we had when I was competitiveness. It is important to our isn’t just about stopping people at the prosecutor where in fact the case would national security. And it is important border. It’s also about removing the in- come into the office and the victim millions of families throughout the centive for people to come here ille- would be an immigrant. The perpe- U.S. who want to come here and live gally in the first place. trator, we would have found, was that dream my grandparents and great The way we do that is by requiring threatening to get her deported or get grandparents lived. It’s too important for us not to act. employers to start using the E-Verify her mother deported, if she was illegal, To my colleagues, join us in passing system, so they can check whether or or get her sister deported or a family not a person is authorized to work in this bill. Let’s get it done. member deported if she reported it to I yield the floor. this country. And to ensure the the police. This bill fixes a lot of that Madam President, I note the absence smoothest possible transition, we do it by the way it handles the U visa pro- of a quorum. over a 5-year phase-in period based on gram as well as other amendments I in- The PRESIDING OFFICER. The the size and type of the company. So cluded, and it makes it easier to pros- clerk will call the roll. smaller companies, farmers—those who ecute these perpetrators. The legislative clerk proceeded to find it harder to use the system, they As I mentioned, this bill is also about call the roll. will go later. building families. Minnesota leads the Ms. HIRONO. Madam President, I ask I believe our compromise on the country in international adoptions, unanimous consent that the order for workplace enforcement issue is a good and I’ve seen the incredible joy an the quorum call be rescinded. one, and it’s reflective of the bi-par- adopted child from another country The PRESIDING OFFICER. Without tisan, balanced approach that this bill can bring to a new mom or dad. That’s objection, it is so ordered. takes overall, on so many other com- why I have introduced with Senators Ms. HIRONO. Madam President, I be- plex issues. COATS and LANDRIEU a set of amend- lieve we must fix the immigration bill The economic and security argu- ments to improve our system for inter- to make it fairer for women. The bill ments for reform are compelling. But national adoptions, so that more chil- proposes a new merit-based point sys- we know there is so much more to this. dren can find a loving home here in the tem for allocating green cards to fu- This is about maintaining America’s United States. ture immigrants. Simply put, the point role as a beacon for hope and justice in This bill is vital to our economy and system makes it harder for women the world, particularly for those seek- to our national security, but most im- than for men to come to this country. ing refuge and asylum. portantly it is vital to maintaining The theory behind the merit system is This is something we know a lot America’s remarkable heritage as a na- that we should give immigration pref- about in Minnesota, where we have al- tion of immigrants. erences to people who hold advanced ways opened our arms to people fleeing I am myself here because of Slove- degrees or work in high-skilled jobs. violence in their home countries. Min- nian and Swiss immigrants. My This idea ignores the discrimination nesota is home to the largest Somali grandpa on my dad’s side worked 1,500 women endure in other countries. population in North America and the feet underground in the iron-ore mines Too many women overseas do not second largest Hmong population in of Ely, MN. His family came to north- have the same educational or career

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.010 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4556 CONGRESSIONAL RECORD — SENATE June 18, 2013 advancement opportunities available into America—the likes of which we what would normally be 10 million peo- to men in those countries. In practice, have not seen before—and it will have ple. In addition to that, the flow of so- the bill’s new point system takes that a direct result of depressing job oppor- called temporary guest workers will be inequitable treatment abroad and ce- tunities and wages of American citi- double what the current rate is. ments it into our immigration laws. zens. It will affect immigrants who are Madam President, how much time is This bill reduces the opportunities for legally here and also looking for work. there on this side? immigrants to come under the family- It will impact the wages of African The PRESIDING OFFICER. The Sen- based green card system. Americans, Hispanics, and any other ator has 17 minutes. Currently, approximately 70 percent group in America. Mr. SESSIONS. Madam President, I of immigrant women come to this Here is the reason why: Under our ask to be notified in 5 minutes. country through the family-based sys- current law, the legal flow of persons I believe Senator VITTER’s airplane tem. This legislation increases the to America would be 1 million a year, has been delayed. His amendment is amount of employment-based visas. and that is the largest of any country projected to come up. I don’t know if it This bill basically moves us away from in the world. Over 10 years, that will will be called up if he is not able to get the family-based system and into eco- rise to 10 million people. At this point, back. nomic considerations. There is nothing we now have 11 million immigrants He has an excellent amendment that wrong with that, but we should be fair here, plus a backlog of approximately 5 deals with a fundamentally flawed part to women while we are doing it. The million more immigrants, which will of our immigration system that the immigration avenues favor men over total approximately 15 million people bill before us makes worse, not better. women by nearly a 4-to-1 margin. who would be legalized in very short It absolutely and indisputably does Using the past as our guide, it is easy order under this legislation. make it better. to see how the new merit-based system, Some say, well, they are already This is the current situation: Six with heavy emphasis on factors such as working here, so there is not a problem times Congress in the last 10 or 15 education and experience, will dis- on employment. But many of those years has passed legislation to require advantage women who apply for green workers are in the shadows, under- an entry-exit visa system. It is re- card status. We all want a stronger employed, maybe working part-time in quired that it be biometric. In other economy, but we should not sacrifice restaurants or other places, and all of a words, it would require fingerprints or the hard-won victories of the women’s sudden they will be given legal status. something like that. Normally, finger- equality movement to get it. Ensuring At that point, they will be able to prints would be utilized. that women have an equal opportunity apply for any job in America. This will People are fingerprinted when they to come here is not an abstract policy be good for them, but the question is, come into the country. It goes into the cause to me. Is it our duty to give our first responsi- system, but we are not checking when When I was a young girl, my mother bility to those who have entered ille- anybody leaves. People legally come on brought my brothers and me to this gally? Don’t we have a responsibility a visa, and they leave. Because we country in order to escape an abusive to consider how it will impact people don’t use a system when people leave marriage. My life would be completely who are unemployed today and are out the country, nobody knows whether different if my mother was not able to looking for work? they left. Forty percent of the people take on that courageous journey. I Since 1999, we know wages have who enter the country illegally are want women similar to her—women dropped as much as 8 percent to 9 per- coming through visa overstays. They who don’t have the opportunities to cent. Wages are declining, not going up get a legal visa, and they just don’t succeed in their own countries—to be in America today. One of the big rea- leave. People don’t even know if they able to build a better life for them- sons, according to Professor Borjas at left because they are not clocked out. selves here. These disparities in the Harvard, is that the flow of labor from The 9/11 Commission said this is immigration bill are fixable. abroad creates an excess of labor and wrong. We need a biometric entry and Later this week a number of my fe- that causes wages to decline. It is just exit system at land, sea, and airports. male Senate colleagues and I will in- a fact, and that is the way that works. What does this bill do? It eliminates troduce a proposal that will address In addition to that, we have our cur- that language that is already in law, the disparities in the new merit-based rent law that allows temporary work- passed by Congress, and inexplicably system. Let’s improve immigration re- ers and guest workers who come for a has never been carried out. The bill form to make this bill better for period of time, and then they can work. merely requires a biographic or elec- women who deserve a fair shake in our What happens to that flow of workers tronic exit system. It does not require green card system. today? They will double the number of a fingerprint-type exit system. Not I yield the floor and note the absence people who will be coming in as tem- only that, it only requires it at air and of a quorum. porary workers. Everyone has to un- seaports, not the land ports. The 9/11 The PRESIDING OFFICER. The derstand that many of them come for 3 Commission said that would not work clerk will call the roll. years with their family after which because people come in all the time by The legislative clerk proceeded to they can reup for another 3 years. They air and leave by land, so we cannot rely call the roll. also compete for a limited number of on it. It will not establish the right in- Mr. SESSIONS. I ask unanimous con- jobs that legal immigrants would be tegrity to know whether somebody sent that the order for the quorum call competing for as well as citizens would overstayed. That makes perfect sense. be rescinded. be competing for. Senator VITTER attempts to address The PRESIDING OFFICER. Without So there is this bubble of 15 million that. He suggests that we have an inte- objection, it is so ordered. that is accepted at once and a doubling grated biometric entry-exit system op- Mr. SESSIONS. Madam President, of the current flow of nonimmigrants. erating and functioning at every land, coming up, we will be voting on some In addition to that, the annual immi- air, and seaport—not just air and sea— amendments. I just want to share a few grant flow into our country will in- prior to the processing of any applica- thoughts as we gather in advance of crease at least 50 percent. It could be tion for legal status pursuant to the that. One of the comments made ear- more than that. So that would go from original biometric exit law, the 2004 In- lier by one of our good Senators indi- 1 million a year to 1.5 million a year. telligence Reform Act, recommenda- cated a belief that this immigration Over 10 years, that is 15 million. tions. That is what the current law bill is going to raise the salaries of There are 300 million people in this says. American workers. I think that is what country, and as elected officials, they In addition to that, before the imple- was said. I have to point out that is not are our primary responsibility. If this mentation of any program granting accurate. legislation were to pass—the 8,000 temporary legal status, the Depart- This is a very serious issue we are pages in this bill—it would allow 30 ment of Homeland Security Secretary confronting. This legislation does the million people to be placed on a perma- must submit written certification of opposite of what was said and creates nent path to citizenship over this 10- the deployment of the system which an unprecedented flow of new workers year period, and that is well above will then be fast-tracked and approved

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.029 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4557 through streamlined House and Senate Many of these young people are going through the J–1 program and the H–2B procedures. This amendment is added out looking for summer jobs, looking program, hundreds of thousands of low- to the current bill, and it will be effec- for part-time jobs in order to help them skilled, entry-level workers who are tive in accomplishing what we need. In pay for college. That is terribly impor- taking the jobs young Americans need. other words, it has a little trigger that tant. We should not pass legislation At a time when youth unemployment says they don’t get their legal status which makes it harder for young people in this country is over 16 percent and until the government does what they to get jobs in order to put away a few the teen unemployment rate is over 25 have been directed to do by Congress bucks to help pay for college. percent, many of the jobs that used to for over 10 years and have failed to do. Then there is another group of peo- be done by young Americans are now We have had a pilot test at the At- ple, and those are young people whom being performed by foreign college stu- lanta airport, for example, where peo- we don’t talk about enough. Not every- dents through the J–1 summer work ple go to the airport, catch a plane body in America is going to college. travel program. back home to England, Jordan, India There are millions of young people who Other entry-level foreign workers or wherever they go, put their finger- graduate high school and want to go come into this country through the H– prints on a machine, and it reads them out and start their careers and make 2B guest worker program. We have as they go through the airport. What some money and move up the ladder. heard a lot of discussion about high- they found was that out of 29,744 people There are others who have dropped out tech workers and how they can create in that pilot test, 175 were on the of high school. We cannot turn our jobs and all that. That is an issue for watch list for terrorism or warrants backs on those young people. They another discussion. Right now, what we were out for their arrest or other seri- need jobs as well. If young people— are talking about is hundreds of thou- ous charges were against them. They young high school graduates, for exam- sands of foreign workers coming into were able to identify them before they ple—are unable to find entry-level jobs, this country not to do great scientific fled or left the country, and that is how will they ever be able to develop work, not as great entrepreneurs to what the whole system was about. the skills, the experience, and the con- start businesses, not as Ph.D. engi- They found it didn’t slow down the fidence they need to break into the job neers, but as waiters and waitresses, airport and that it didn’t cost nearly market? And if they don’t get those kitchen help, lifeguards, front desk what people are saying it will cost. skills—if they don’t get those jobs and workers at hotels and resorts, ski in- Some have said it would be $25 billion, that income—there is a very strong structors, cooks, chefs, chambermaids, and that is totally inaccurate. Accord- possibility they may end up in anti- landscapers, parking lot attendants, ing to this report, it will not cost any- social or self-destructive activities. cashiers, security guards, and many thing like that. Police officers have Right now, on street corners all over other entry-level jobs. fingerprint reading machines in their this country, there are kids who have Does it really make sense to anyone automobiles. You can go by there, put nothing to do. And what are they doing when so many of our kids are des- your fingers on there to read your when they stand on street corners? perately looking for a way to earn an print, and if you have a warrant out for What they are doing is getting into honest living that we say to those kids: arrest for murder or drug dealing or drugs, they are getting into crime, Sorry, you have to get to the back of terrorism, you get apprehended. they are getting into self-destructive the line because we are bringing in They recently caught a terrorist—ac- activity. We already have too many hundreds of thousands of foreign work- tually from Alabama—and prosecuted young people in this country using ers to do the jobs you can do tomor- him in Alabama. He was trying to get drugs. We already have too many row? on a plane in Atlanta. young people involved in criminal ac- The J–1 program for foreign college The PRESIDING OFFICER. The Sen- tivity. As a nation, we have more peo- students is supposed to be used as a ator has consumed 5 minutes. ple in jail than any other country on cultural exchange program—a program Mr. SESSIONS. I thank the Chair, re- Earth, including China. Let’s put our to bring young people into this country serve the remainder of my time, and young people into jobs, not into jails. to learn about our customs and to sup- yield the floor. As I have heard on this floor time port international cooperation and un- The PRESIDING OFFICER. The Sen- and time again, the best antipoverty derstanding. That is why it is adminis- ator from Vermont. program is a paycheck. Well, let’s give tered by the State Department. But in- Mr. SANDERS. Madam President, let the young people of this country a pay- stead of doing that, this J–1 program me congratulate the Gang of 8 for their check. Let’s put them to work. Let’s has morphed into a low-wage jobs pro- assiduous work on this immigration give them at least the entry-level jobs gram to allow corporations such as bill, as well as Senator PAT LEAHY, the they need in order to earn some income McDonald’s, Dunkin Donuts, Disney chairman of the committee, for doing a today, but even more importantly, let’s World, Hershey’s, and many other lot of good work. allow them to gain the job skills they major resorts around the country to re- There is much in this bill I support. need so they know what an honest place American workers with cheap I support the pathway to citizenship. I day’s work is about and can move up labor from overseas. support the DREAM Act. I support pro- the economic ladder and get better jobs Each and every year companies from viding legal status to the foreign work- in the future. all over this country are hiring more ers who are working in agriculture. We At a time when poverty in this coun- than 100,000 foreign college students in have to have strong border security. I try remains at an almost 50-year high, low-wage jobs through the J–1 summer support that effort. and when unemployment among young work travel program. Unlike other Let me tell my colleagues what I do people is extremely high, I worry deep- guest worker programs, the J–1 pro- not support. What I do not support is ly that we are creating a permanent gram does not even require businesses that at a time when nearly 14 percent underclass—a large number of people to recruit or advertise for American of Americans do not have a full-time who are poorly educated and who have workers. What they can do is pay min- job, at a time when youth unemploy- limited or no job skills. This is an issue imum wage. They don’t have to adver- ment is somewhere around 16 percent we must address and must address now. tise for American workers. And guess and kids from California to Maine are Either we make a serious effort to find what. For the foreign worker, they do desperately seeking employment, I do jobs for our young people now or we are not have to pay Social Security tax, not support the huge expansion in the going to pay later in terms of increased they don’t have to pay Medicare tax, guest worker program that will allow crime and the cost of incarceration. and they don’t have to pay unemploy- hundreds of thousands of entry-level Now, why is this issue of youth un- ment tax. So, essentially, we are cre- guest workers to come into this coun- employment relevant to the debate we ating a situation where it is absolutely try. are having on immigration reform? The advantageous for an employer to hire a This is important for at least two answer is obvious to anyone who has foreign worker rather than an Amer- reasons. We have kids all over America read the bill. This immigration reform ican worker. who are wondering how they are going legislation increases youth unemploy- So what I have done is introduced to afford to be able to go to college. ment by bringing into this country, two pieces of legislation to address this

VerDate Mar 15 2010 01:03 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.030 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4558 CONGRESSIONAL RECORD — SENATE June 18, 2013 issue. No. 1 basically says while I tion and the laws would actually carry for the adoption of this amendment, strongly support cultural programs— out the laws they are elected to carry the amendment is rejected. bringing young people here from out. So I hope my colleagues will vote The Senator from Vermont. abroad is a great idea—at this moment, for the Thune amendment. Mr. LEAHY. I yield to the Senator with high unemployment, we cannot I yield the floor and suggest the ab- from Louisiana. have those people competing with sence of a quorum. The PRESIDING OFFICER. The Sen- young Americans for a scarce number The PRESIDING OFFICER. The ator from Louisiana. of jobs. So we eliminate the employ- clerk will call the roll. AMENDMENT NO. 1222 ment element of the J–1 program. The assistant bill clerk proceeded to Ms. LANDRIEU. Mr. President, I The second bill says if we can’t do call the roll. offer this amendment. It is a technical that—and I hope we can—at the very Mr. GRASSLEY. Madam President, I amendment, three technical but impor- least we need a jobs program for Amer- ask unanimous consent that the order tant changes to the Child Citizenship for the quorum call be rescinded. ican kids, not just a summer jobs pro- Act of 2000. Senator COATS, Senator The PRESIDING OFFICER. Without gram but a yearlong jobs program. BLUNT, and Senator KLOBUCHAR have objection, it is so ordered. Let’s not turn our backs on kids who Under the previous order, the ques- helped lead this effort. I have explained want to get into the labor market, who tion is on agreeing to amendment No. it numerous times on the floor. I think want to develop a career. They need 1197, offered by the Senator from South the leaders have agreed on a voice vote. something in the summertime, they Mr. LEAHY. Mr. President, I have Dakota, Mr. THUNE. need something year round, and we Mr. GRASSLEY. I ask for the yeas spoken with the distinguished ranking have introduced legislation to do just and nays. member, Mr. GRASSLEY. I understand that. The PRESIDING OFFICER. Is there a we are able to agree to the Landrieu My time has expired. I yield my time, sufficient second? amendment by voice vote. if he wants it, to Senator GRASSLEY. There appears to be a sufficient sec- I ask unanimous consent that the 60- The PRESIDING OFFICER. The Sen- ond. vote threshold with respect to the Lan- ator from Iowa. The clerk will call the roll. drieu amendment be waived. AMENDMENT NO. 1197 The legislative clerk called the roll. The PRESIDING OFFICER. Without Mr. GRASSLEY. Madam President, Mr. DURBIN. I announce that the objection, it is so ordered. we will soon be voting on the Thune Senator from California (Mrs. FEIN- Mr. LEAHY. Mr. President, I urge the amendment, and I rise to speak in sup- STEIN), the Senator from Iowa (Mr. question. port of the Thune amendment. HARKIN), and the Senator from Mary- The PRESIDING OFFICER. The The Thune amendment would land (Ms. MIKULSKI) are necessarily ab- question is on agreeing to the amend- strengthen the bill and beef up the sent. ment. triggers that precede the legalization Mr. CORNYN. The following Senators The amendment (No. 1222) was agreed program. are necessarily absent: the Senator to. The Thune amendment would ensure from Mississippi (Mr. COCHRAN), the AMENDMENT NO. 1228 that current law regarding double- Senator from Oklahoma (Mr. INHOFE), The PRESIDING OFFICER. Under layer fencing is implemented. the Senator from Alabama (Mr. the previous order, there will now be 2 Over the years, administration after SHELBY), and the Senator from Mis- minutes of debate equally divided prior administration—and not just Democrat sissippi (Mr. WICKER). to a vote on amendment No. 1228 of- or just Republican but both—has failed The PRESIDING OFFICER (Mr. fered by the Senator from Louisiana, MANCHIN). Are there any other Sen- to enforce the laws on the books. The Mr. VITTER. American people don’t want more laws ators in the chamber desiring to vote? The Senator from Vermont. that will simply be ignored, they want The result was announced—yeas 39, Mr. LEAHY. Before we do that, I the laws on the books to be enforced. nays 54, as follows: wish to remind everybody the next This amendment offered by Senator [Rollcall Vote No. 151 Leg.] vote will be a 10-minute vote. THUNE would ensure that the border is YEAS—39 The PRESIDING OFFICER. The Sen- more secure before any legalization Alexander Crapo Manchin ator from Louisiana. Ayotte Cruz McConnell Mr. VITTER. Mr. President, this program is carried out. Barrasso Enzi Moran In a new CNN poll released just Blunt Fischer Paul amendment is very simple but it is im- today, 36 percent of those polled said Boozman Grassley Portman portant. It would finally demand and they favored a path to citizenship for Burr Hatch Pryor require execution and enforcement of Chambliss Heller Risch people who have come to this country Chiesa Hoeven Roberts the so-called US-VISIT system, an undocumented. But 62 percent of those Coats Isakson Scott entry-exit system to catch visa polled said it is more important to in- Coburn Johanns Sessions overstays. This system was first man- crease border security to reduce or Collins Johnson (WI) Thune dated by Congress in 1996. We have had Corker Kirk Toomey eliminate the number of immigrants Cornyn Lee Vitter six additional votes by Congress de- coming into the country without per- NAYS—54 manding it then. The 9/11 terrorists mission from our government. So if we were visa overstays. As a result, this Baldwin Graham Murray stand with the American people, and if Baucus Hagan Nelson system was strongly recommended, one we want the border secured, we will Begich Heinrich Reed of the top recommendations of the 9/11 vote for the Thune amendment. Bennet Heitkamp Reid Commission. We must put this in place It is this simple: When issues come Blumenthal Hirono Rockefeller as we act on immigration. This amend- Boxer Johnson (SD) Rubio up in my town meetings in my State of Brown Kaine Sanders ment would get that done. Iowa and people are asking what is Cantwell King Schatz I reserve the remainder of my time. going on with immigration, and we sit Cardin Klobuchar Schumer The PRESIDING OFFICER. The Sen- Carper Landrieu Shaheen down and try to explain to the people Casey Leahy Stabenow ator from Vermont. how this bill is moving along or what it Coons Levin Tester Mr. LEAHY. I agree that we need to might include, invariably there are a Cowan McCain Udall (CO) better track visa overstays. But a fully lot of people in the audience who say Donnelly McCaskill Udall (NM) biometric entry-exit system at all air, Durbin Menendez Warner we don’t need more legislation, we need Flake Merkley Warren sea, and land ports of entry is the kind to have the laws on the books enforced. Franken Murkowski Whitehouse of unrealistic trigger we can’t adopt. I think this is backed up by this poll Gillibrand Murphy Wyden Implementation of this amendment we have heard about from CNN today. NOT VOTING—7 would be prohibitively expensive and In addition to that, I think it very Cochran Inhofe Wicker cause all kinds of delays. much clarifies that people want the Feinstein Mikulski In the Judiciary Committee we laws on the books enforced. But, more Harkin Shelby adopted an amendment offered by Sen- importantly, they expect people who The PRESIDING OFFICER. Under ator HATCH which presents a more rea- take an oath to uphold the Constitu- the previous order requiring 60 votes sonable approach.

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.032 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4559 I would urge a ‘‘no’’ vote on this The motion to lay on the table was Senator from Oklahoma (Mr. INHOFE), amendment. agreed to. the Senator from Alabama (Mr. I ask for the yeas and nays. AMENDMENT NO. 1198 SHELBY), and the Senator from Mis- Mr. VITTER. Mr. President, may I The PRESIDING OFFICER. Under sissippi (Mr. WICKER). inquire how much time is remaining? the previous order, there will now be 2 The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The Sen- minutes of debate equally divided prior any other Senators in the Chamber de- ator has 9 seconds remaining. to the vote on amendment No. 1198, of- siring to vote? Mr. VITTER. Mr. President, we have fered by the Senator from Montana. The result was announced—yeas 94, talked about this since 1996 and 9/11 Mr. TESTER. Mr. President, this nays 0, as follows: happened. When are we going to do it if amendment will include the tribal rep- [Rollcall Vote No. 153 Leg.] not now? resentatives on the DHS Border Task YEAS—94 I urge support of the amendment. Force. Alexander Fischer Murkowski Mr. LEAHY. I ask for the yeas and In this country within 100 miles of Ayotte Flake Murphy nays. the border we have 13 Indian reserva- Baldwin Franken Murray The PRESIDING OFFICER. Is there a Barrasso Gillibrand Nelson tions, some of them right on the bor- Baucus Graham sufficient second? Paul der. If we are going to make sure the Begich Grassley Portman There appears to be a sufficient sec- borders are secure in the north and the Bennet Hagan Pryor ond. south, Indians need to be a part of the Blumenthal Hatch Reed Blunt Heinrich Reid The question is on agreeing to the conversation, our Native American Boozman Heitkamp Risch amendment. friends. They have a unique govern- Boxer Heller Brown Hirono Roberts The clerk will call the roll. ment-to-government status. As I said Rockefeller The legislative clerk called the roll. Burr Hoeven before, their input is critically impor- Cantwell Isakson Rubio Mr. DURBIN. I announce that the tant. Cardin Johanns Sanders Senator from Iowa (Mr. HARKIN) and This amendment would not be cost- Carper Johnson (WI) Schatz the Senator from Maryland (Ms. MI- ing anything, has bipartisan support, Casey Johnson (SD) Schumer Chambliss Kaine Scott KULSKI) are necessarily absent. and it will add tribal representatives— Chiesa King Sessions Mr. CORNYN. The following Senators two on the north and two on the south- Coats Kirk Shaheen are necessarily absent: the Senator ern region—to the Department of Coburn Klobuchar Stabenow from Mississippi (Mr. COCHRAN), the Homeland Security Border Task Force. Collins Landrieu Tester Coons Leahy Thune Senator from Oklahoma (Mr. INHOFE), I encourage a ‘‘yea’’ vote on this Corker Lee Toomey the Senator from Alabama (Mr. amendment. Cornyn Levin Udall (CO) SHELBY), and the Senator from Mis- The PRESIDING OFFICER. The Sen- Cowan Manchin Udall (NM) Crapo McCain Vitter sissippi (Mr. WICKER). ator from Iowa. Cruz McCaskill Warner The PRESIDING OFFICER. Are there Mr. GRASSLEY. Mr. President, I Donnelly McConnell Warren Durbin Menendez any other Senators in the Chamber de- have no problems with this amend- Whitehouse siring to vote? ment. It ensures that tribal commu- Enzi Merkley Feinstein Moran Wyden The result was announced—yeas 36, nities are represented. nays 58, as follows: The bill’s task force is a new and NOT VOTING—6 [Rollcall Vote No. 152 Leg.] independent entity designed to provide Cochran Inhofe Shelby Harkin Mikulski Wicker YEAS—36 recommendations about immigration The PRESIDING OFFICER. Under Alexander Cruz McConnell and border security. Mr. TESTER is add- Barrasso Enzi Moran ing four additional members to the the previous order requiring 60 votes Blunt Fischer Paul task force to ensure that the tribes are for the adoption of this amendment, Boozman Grassley Portman represented; however, this amendment the amendment is agreed to. Burr Hatch Pryor Chambliss Heller Risch does not fundamentally change the Mr. LEAHY. I move to reconsider the Chiesa Hoeven Roberts bill. vote and lay that motion on the table. Coats Isakson Scott There is no opposition to making The motion to lay on the table was Coburn Johanns Sessions sure that the tribes have a voice in pol- agreed to. Corker Johnson (WI) Thune Cornyn Kirk Toomey icy. Of course, this task force doesn’t Mr. LEAHY. Mr. President, I yield Crapo Lee Vitter have any real power, it only makes rec- the floor. The PRESIDING OFFICER. The Sen- NAYS—58 ommendations. The Secretary isn’t re- quired to address their concerns or ator from Colorado. Ayotte Gillibrand Murray Mr. UDALL of Colorado. I am here to Baldwin Graham Nelson enact their recommendations. Too Baucus Hagan Reed often, the Secretary does not take into speak to what is a historic debate here Begich Heinrich Reid consideration our recommendations. on the floor of the Senate; that is, the Bennet Heitkamp Rockefeller Even now she has a hard time imple- debate we are having with regard to Blumenthal Hirono Rubio comprehensive immigration reform. Boxer Johnson (SD) Sanders menting laws. Brown Kaine Schatz So, again, while the amendment is We have a major opportunity here in Cantwell King Schumer noncontroversial, Members should the Congress to finally pass meaning- Cardin Klobuchar Shaheen ful, strong, bipartisan legislation. Im- Carper Landrieu know this task force is a figleaf for ac- Stabenow Casey Leahy tual border security. migration reform is something Con- Collins Levin Tester gress has grappled with in fits and Udall (CO) Mr. LEAHY. Mr. President, I ask for Coons Manchin starts for over a decade. In fact, I re- Cowan McCain Udall (NM) the yeas and nays. Donnelly McCaskill Warner The PRESIDING OFFICER. Is there a member the summer 7 or 8 years ago Durbin Menendez Warren sufficient second? when this Senate came very close to Feinstein Merkley Whitehouse There is a sufficient second. passing comprehensive immigration re- Flake Murkowski Wyden form and fell just short of that goal. Franken Murphy The question is on agreeing to the amendment. Today the need to act has become NOT VOTING—6 The clerk will call the roll. imperative. We cannot ignore it. There Cochran Inhofe Shelby The assistant legislative clerk called are constituents in Colorado from Harkin Mikulski Wicker the roll. across the spectrum who are hard- The PRESIDING OFFICER. Under Mr. DURBIN. I announce that the working. They are small business own- the previous order requiring 60 votes Senator from Iowa (Mr. HARKIN) and ers, religious leaders, farmers, and citi- for the adoption of this amendment, the Senator from Maryland (Ms. MI- zens. They believe that now is the the amendment is rejected. KULSKI) are necessarily absent. time. Mr. LEAHY. I move to reconsider the Mr. CORNYN. The following Senators If we look at our economy, it is be- vote and to lay that motion on the are necessarily absent: the Senator ginning to gain strength. Our economy table. from Mississippi (Mr. COCHRAN), the is beginning to get its legs under it.

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.034 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4560 CONGRESSIONAL RECORD — SENATE June 18, 2013 Our economy also needs the labor mar- for years with Coloradans at my side to other employees. That pushes down ket certainty that would come from solve this problem and to make the standards for all workers. What I am immigration reform. So let’s seize this United States a place where entre- saying is that our current immigration opportunity to pass commonsense leg- preneurs are encouraged to stay, build system has fostered an underground islation that our constituents expect. businesses, and grow our economy. In economy that exploits a cheap source I am looking right over the dais. that vein, I want to thank the Gang of of labor while depressing wages for ev- Above the dais, I see ‘‘e pluribus 8 for their hard work in crafting a bill eryone else. unum,’’ which translates to ‘‘out of that is built upon those principles. En- My conclusion is that this bill will many, one.’’ That is a simple motto trepreneurs embody the American ensure that businesses are all playing which is engraved in this great Senate dream. by the same set of rules, and it in- Chamber, and it is one of the daily re- Fixing our broken system is about cludes tough penalties for businesses minders that we are a nation of immi- more than businesses and startups; it is that do not. The underlying bill imple- grants. Throughout our history, mil- principally about families. To say that ments an effective employment verifi- lions of immigrants—including my an- our current broken immigration sys- cation system that will prevent iden- cestors and the Presiding Officer’s— tem is bad for our families would be an tity theft, the hiring of unauthorized braved hardship and great risks to understatement. Thousands of fa- workers, and send a clear message that come here. Why was that? They sought thers—myself included—gathered with will help prevent future waves of ille- freedom, opportunity, and a better life their families this past weekend to cel- gal immigration. It is a commonsense for their families. Today’s immigrants, ebrate Father’s Day. I couldn’t help solution. It is the kind of solution I in that same spirit, continue to brave but think of the thousands of fathers have heard Coloradans ask for. great risks and hardships to obtain the our immigration system has separated I will now turn my attention to the American dream. from their loved ones or the countless border. This legislation contains his- We have heard from fellow Ameri- fathers living today in Colorado who toric resources and measures to better cans who are opposed to fixing our bro- struggle with the fear every day that secure our borders. Last week I heard ken system. There are those among us they could be separated from their time and time again: Borders first, bor- who unfortunately see immigrants as a families. ders first. To the Coloradans who ex- burden on our country or want to enact There are fathers like Jorge, who has pect border security, as I do, I say the overly punitive measures to punish un- been living in the United States for 23 best thing we can do for border secu- documented immigrants. I ask that years. He is the proud father of four rity is pass a comprehensive immigra- they remember that our country was U.S. citizen children, including a U.S. tion reform bill. built and forged by immigrants whose Army corporal. He has been contrib- We have made significant progress blood and sweat built the America we uting to our economy in Colorado and over the past several years. We have know today. put $17 billion in resources into pro- To oppose this legislation, with all therefore to the American economy due respect, is to deny the promise our and his community for many years. tecting our borders. As a result, illegal ancestors and even the Framers ex- With immigration reform, Jorge will border crossings are at their lowest pected us to extend to those outside be able to come out of the shadows, levels in decades. Let’s be clear. There our borders. Yes, we are a nation of where he will finally be able to realize is still room for significant improve- laws, and we don’t take lightly the vio- the American dream without the con- ment, and the strong border security lation of our laws, but we are also a na- stant fear of being deported and sepa- provisions in this bill help us get there. tion that welcomes foreigners who rated from his children. As I have sug- In fact, the underlying bill would be want to build the American dream. gested, unfortunately Jorge’s situation the single biggest commitment to bor- I would like to challenge my col- is not unique. The fact that our current der security in our Nation’s history. leagues to remember that we are a bet- system has brought us to the place Why? It would put another $6.5 billion ter, stronger country because of our where at any moment thousands of on top of what we are already spending immigrants whose first glimpse of families can be ripped apart is just not toward stronger, smarter, more innova- America was the Statue of Liberty em- right. tive security along our borders. It blazoned with the words of poet Emma This bill would give Jorge and mil- would also direct the Secretary of Lazarus: lions of others like him a tough but Homeland Security to submit to Con- Give me your tired, your poor, your fair shot at earning legal status and gress a comprehensive border security huddled masses yearning to breathe free. eventually citizenship. Make no mis- plan and a southern border fencing Our country and our economy were take. This process will not be without strategy. Moreover, the legislation built from the ground up by the hard significant cost, and it will not be easy. would delay the process of granting work and ingenuity of immigrants and Let me explain how I draw that con- legal status to immigrants until the their families. In recent years, one in clusion. In order to get earned legaliza- plan and strategy have been deployed, four of America’s new small business tion, Jorge will have to pass a back- a mandatory employment verification owners has been an immigrant. One in ground check, pay back taxes, pen- system has been implemented, and an four high-tech startups in America was alties, and fees, demonstrate work his- electronic biographic entry-exit sys- founded by immigrants. And 40 percent tory, learn English, and go to the back tem is in place at major airports and of Fortune 500 companies—when they of the line behind others who have also seaports. started—were created by first- or sec- gone through the process. This is a Finally, this legislation would hold ond-generation immigrants. If we look tough but fair road ahead. It is a path employers more accountable if they at our system today, unfortunately, be- negotiated by Senators of both parties knowingly hire undocumented workers. cause it is broken, it has made it hard- and supported by the American people. We are saying that no longer will we er for would-be business owners as I Today there are an estimated 11 mil- tolerate an underground market of just described to create jobs and help lion undocumented immigrants in the workers who are illegally employed spur our Nation’s economic develop- United States. Some cross the border and many times exploited. ment. illegally, others have overstayed their As I begin to close, I would like to Let me give another example. Right visas. Regardless of how they came, the turn to a special group of Coloradans now our system invites the best and overwhelming majority of these folks, who would be helped. This is a group brightest from all over the world to just like Jorge, are trying to earn a liv- about whom we all should care and come and study at our top universities. ing and provide for their families. about whom I deeply care, and that is Once they have the training they need There are thousands of immigrants our students. I am very pleased and ex- to create a new invention or build a in Colorado who are working in the cited that the provisions for the new business—listen to this—our sys- shadows, where they are vulnerable to DREAM Act are included in the com- tem tells them to go back home. That exploitive employers paying them less prehensive immigration reform bill we is not right. than minimum wage, making them are considering. I am pleased, honored, humbled, and work without overtime, and denying I have stood alongside a steadfast a little bit proud that I have worked them any of the benefits given to their group of my colleagues as we fought for

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.045 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4561 passage of the DREAM Act for many member, particularly as we are in the I very much look forward to con- years. Along the way I have talked to middle of the debacle of executing tinuing this discussion about amend- and more importantly listened to ObamaCare, it is important to read the ment No. 1330. I very much look for- countless Colorado students who have bill, it is important to know what is in ward to getting the vote it will get be- looked me in the eyes and asked for the bill—in my opinion, the trouble is cause it deserves to get it—and I will their government to help give them when we actually read the bill, it demand it—and I very much hope for status, opportunity, and potential so doesn’t stand up to those principles. It and look forward to a strong bipartisan they can go on to be the next genera- doesn’t match. vote in support of stopping violence tion of American leaders without the One example is the absolute commit- against women, in support of fur- daily fear of deportation. We are talk- ment made by the Gang of 8 early on in thering the protections of the Violence ing about thousands of Colorado stu- this process that individuals with a se- Against Women Act. dents who were brought to the United rious or significant criminal back- Thank you. I yield the floor. States at a very young age. It wasn’t ground would not get legal status and The PRESIDING OFFICER (Ms. WAR- their decision to be brought here, but would be deported. They were very spe- REN). The Senator from Texas. they came here with their parents. cific about that. In their bipartisan Mr. CORNYN. Madam President, I That cohort—literally thousands of framework for comprehensive immi- know the parties are working on a these wonderful, enthusiastic, ener- gration reform, which the authors of unanimous consent agreement for the getic Coloradans—is poised to graduate this bill—the so-called Gang of 8—re- next tranche of amendments to come college or join the military and in the leased in January of this year—they forward. I expect and hope mine will be process strengthen our country and said very specifically: one of them, but it is not quite com- grow our economy. Let’s do the right Individuals with a serious criminal back- pleted yet. So rather than ask for thing by the DREAMers. ground or others who pose a threat to our unanimous consent to call up my I say and implore my colleagues, let’s national security will be ineligible for legal amendment now, what I would like to status and subject to deportation. not stand in the way of what Ameri- do is just talk about it a little bit and cans want and what our economy It is very clear. explain to my colleagues what is in it. But then, again, when we actually needs. Our Nation will be stronger We call my amendment the RE- read the bill, I believe it comes up far when our borders are secure, when em- SULTS amendment because it is nec- short of that. It does not include sig- ployers are held accountable for the essary, because in the current form of nificant crimes, serious crimes which the so-called Gang of 8 bill, it does not workers they have hired, when jobs are it should include as a disqualification. filled with qualified and documented include any genuine guarantee of bor- One of the areas I think is the clear- der security. My colleagues don’t have workers who contribute to the econ- est example of that is offenses under omy and undocumented workers who to take my word for it. All they have the Violence Against Women Act, of- to do is take a look at the chart behind are currently here are held accountable fenses that have to do with domestic me. Senator DURBIN, one of the four and given an opportunity to earn their violence, with child abuse. Those are Democrats and four Republicans who legal status and then citizenship. serious violent offenses that every were responsible for coming up with So for my colleagues who are here American citizen—particularly the so-called Gang of 8 bill, said in Jan- today and are serious about fixing our women—would certainly consider very uary that in that bill, a pathway to broken immigration system, let’s actu- consequential, very significant, very citizenship ‘‘would be contingent upon ally have a serious debate to improve serious, undermining their funda- securing the border.’’ He said that in this legislation. Let’s vote on amend- mental security. ments with a sincere intent to really This Vitter amendment No. 1330, January. I think a lot of people took improve this bill. Let’s work produc- which I will be presenting and getting him and others at their word, only to tively to find a bipartisan solution to a vote on later in this debate, is sim- find out otherwise in June, 6 months this huge national issue in the same ple. It simply says those criminal of- later—June 2013—when he was quoted way the Gang of 8 has worked for the fenses, a conviction of any of those as saying that the gang has ‘‘delinked past many months. criminal offenses under the Violence the pathway to citizenship and border As I said in my opening remarks, we Against Women Act—we are talking enforcement.’’ have a historic opportunity to finally about domestic violence, we are talk- What that means is the underlying pass comprehensive immigration re- ing about child abuse—are disquali- bill gives a promise—another hollow, form. We have an extraordinary oppor- fiers. Nobody can gain legal status if unenforceable promise—and, based tunity to show the Senate at its best. they are convicted of any of those of- upon our experience, I think the Amer- Having the opportunity to openly and fenses. That is a disqualifier and it is ican people would be justified in saying honestly debate this legislation is one grounds for deportation. they are asking us to trust them at a of the many reasons we ran to serve in Again, it is very important to read time when there is a genuine trust def- the Senate in the first place. The pub- the bill. It is very important that if icit with regard to the Federal Govern- lic has placed their trust in us to get anything passes here, it actually ment. We have heard too many prom- this right, and we can. matches the promises made to the ises. We want guarantees that these I yield the floor. American people, the rhetoric the promises will be delivered on, and that The PRESIDING OFFICER. The Sen- American people have heard for weeks is what my amendment is all about. ator from Louisiana. and months. This is an important area In the underlying bill, all we have Mr. VITTER. Mr. President, I rise to where we need to get it right. is—first of all, we have a 100-percent present and discuss the next amend- So I hope all of my colleagues, Demo- situational awareness requirement and ment I personally offered which I am crats and Republicans, agree that these a 90-percent apprehension requirement going to be bringing to the Senate are serious offenses. Certainly, every- of people who are crossing the border floor; that is, amendment No. 1330, to body seemed to agree in the important illegally. But all that is required in the prohibit anyone who has been con- discussion about the Violence Against underlying bill is the submission of a victed of offenses under the violence Women Act. Certainly, everybody plan and substantial completion of against women and children act from seemed to agree then that those of- that plan for which nobody has seen gaining legal status under the bill. fenses that are all about domestic vio- the contents. That is 10 years from I think if we ask the American people lence and child abuse are very serious, now. I don’t think anyone would be out if they support the outline that has very significant, involve or threaten vi- of bounds in saying there may be good been presented as the guiding outline olence, and certainly they should be intentions—people may actually be- for the Gang of 8, the vast majority disqualifiers for a person becoming le- lieve what they say, but how can we would say we absolutely support those galized under this bill and they should possibly know that some unwritten principles. I would say I support those be grounds for immediate deportation. plan that is going to be in place 10 principles as they were enumerated. I hope this is beyond debate. I hope years from now will actually be suc- The trouble is, in my opinion, when we this amendment, as it should, gets cessful in accomplishing the very goals actually read the bill—and let’s re- widespread bipartisan support. that were set out in the bill?

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.046 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4562 CONGRESSIONAL RECORD — SENATE June 18, 2013 My amendment is slightly different I saw this morning that Senator deal with that 40-percent source of ille- because it embraces those same stand- MCCAIN said he expects to have a letter gal immigration. ards, including 100 percent situational from the head of the Border Patrol My amendment authorizes the cre- awareness and 90 percent cross-border which states that standard is immi- ation of a southern border security apprehensions, and it says a person nently doable, given the proper re- commission similar to the one in the can’t transition from probationary sta- sources. So if it is imminently doable, underlying bill, but does so in a way tus to legal permanent residency until then I would like to suggest, contrary that respects the Constitution and fed- it is certified that they have accom- to what the majority leader said a few eralism. plished those goals. What that does, days ago, that this amendment is not a My amendment removes Washington, simply stated, is—it doesn’t punish poison pill. This amendment would DC, appointees from the commission anything, but it lines up all of the in- give the American people the con- and allows State Governors to imme- centives for those of us who want to se- fidence that we are actually going to diately begin advising the Department cure the border and have a border im- do what is technologically feasible and on gaining operational control of the migration system that actually works which I believe they have a right to ex- southern border. I think this is very and incentives for those for whom a pect if we are going to be generous in important because while I have heard pathway to citizenship is the holy the way we treat the 11 million people colleagues here in the Senate who have grail; that is what they want more who are here and provide them not good intentions—but I think some- than anything else. So it realigns in- only an opportunity to apply for proba- times their only consciousness of what centives on the right and the left and tion and to work, if they qualify and if the border may look like is derived gets us in a position where we can ac- they maintain the terms of that proba- from movies they have seen or novels tually look the American people in the tion, but if they are successful, to ulti- they have read—this requires consulta- face and say we have as close as hu- mately apply 10 years hence for legal tion with the people who know the bor- manly possible a guarantee that these permanent residency for those who der communities best, and that is the promises will ultimately be kept. want that and who have played by the people who live there and the State My amendment requires the Sec- rules. Governors who govern States on our retary of the Department of Homeland The third trigger in my amendment U.S.-Mexico border. Security and the Commissioner of Cus- is one that maintains the underlying My amendment also requires the Sec- toms and Border Protection and the provision requiring the Department of retary of Homeland Security to issue a Department of Homeland Security in- Homeland Security to implement an E- comprehensive southern border secu- spector general, in consultation with Verify system nationwide. The current rity strategy within 120 days of enact- the Government Accountability Office situation is such that individuals who ment. People who are listening may and the Comptroller General, to jointly want to work may have fake docu- say: I thought the Department of certify that the following triggers are ments claiming to be somebody they Homeland Security already had a met before registered provisional im- are not—maybe it is somebody else’s southern border security strategy. And migrants can adjust to lawful perma- Social Security number—in order to if it does not, why in the heck not? Well, this would compel the Sec- nent residency or green card status. get hired. But the employer is not ex- retary—who, amazingly to most people First, as I said, the Department of pected to be the police; they are not ex- in my State, when she declared the Homeland Security has to have pected to be able to look behind these border is secure, nearly provoked achieved and maintained full situa- documents. We know that massive laughter, as much as anything else, be- tional awareness of the entire southern identity theft and document fraud cause it is patently and demonstrably border for not less than 1 year. That occur in such a way as to circumvent not true—but this amendment would means the Department of Homeland the efforts to enforce our system and require such a strategy within 120 days Security has the capability to conduct to restore legality into the system of enactment of the bill and chart a continuous and integrated monitoring, when it comes to people who come to course for achieving and maintaining sensing or surveillance of each and this country and want to work here. So full situational awareness and oper- every 1-mile segment of the southern that is the third one. ational control of the southern border. border or its immediate vicinity. The fourth one, in order to fill a gap- The Secretary would also be required Some may say: Full border situa- ing hole in the bill with respect to inte- to submit semiannual reports on imple- tional awareness? How are we going to rior enforcement, the RESULTS mentation. This amendment would also do that? Are we going to link Border amendment requires the Department of streamline and improve the strategy Patrol agents arm to arm across a Homeland Security to initiate removal required under the underlying bill. For 2,000-mile border? Are we going to just proceedings for at least 90 percent of example, it combines the southern bor- build a fence, as some have advocated, visa overstays who collectively cur- der security strategy and the southern along the 2,000-mile border? The fact is rently account for 40 percent of illegal border fencing strategy for administra- we are going to use the best technology immigration. I think it surprises a lot tive clarity and economies of scale. and the best strategy to make sure the of people to learn it is not just our po- It also addresses an oversight in the resources our U.S. military has de- rous borders, it is people who enter the underlying bill by requiring the De- ployed in Afghanistan and Iraq and country legally who simply overstay partment of Homeland Security to de- which have been tested along the their visa and melt into the great velop a strategy to reduce land port of southern border are available for bor- American landscape, unless they hap- entry wait times by 50 percent in order der control, so that by virtue of radar, pen to get caught for committing a to facilitate legitimate commerce and eyes in the sky, dirigibles, and un- crime of some kind, and they typically encourage lawful cross-border trade. manned aerial vehicles, a combination are not identified or detained. This is This is something that is not suffi- of these connected to the sensors on simply unacceptable, and my amend- ciently appreciated. Mexico is our the ground will make sure the Border ment is designed to guarantee that the third largest trading partner. Six mil- Patrol knows what is happening along Department of Homeland Security will lion jobs in America depend on cross- the border when people try to cross and implement a procedure which has been border trade with Mexico. Why in the enter illegally. Then it is up to them to required for 17 years now. President world would we want to do anything hit the 90-percent operational control Clinton signed a provision into law re- that would make cross-border lawful requirement in both the underlying bill quiring a biometric entry and exit sys- trade worse? Right now, by failing to and in my amendment. tem. update our infrastructure at the ports The Department of Homeland Secu- When a person enters the country on of entry—and to make sure we have rity is required to achieve that oper- a foreign visa, they are required to give adequate staffing here—there are huge ational control for not less than 1 year, fingerprints—that is their biometric wait lines which prove very useful to meaning it has an effectiveness appre- identifier—but there is no way and no the people who want to smuggle drugs hension rate of not less than 90 percent means by which to check whether a and people across the border. So this in each and every sector of the south- person has left the country when their would have a way of separating the le- ern border. visa has expired. This is designed to gitimate trade and traffic from the

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.048 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4563 people who are up to no good: the drug not done in a piecemeal, disconnected not expect them to, but they do expect dealers, the human traffickers, and the sort of way. It is important that we a little bit of help, financial help, par- like. have a combination of not only boots ticularly, when it comes to overtime, There is a question that has arisen, on the ground, infrastructure, but also when it comes to equipment that is as you might expect, about how we are that technology I think we would all necessary to supplement the Federal going to pay for all this. That is a good agree upon, much of which the Amer- effort or to fill the gap when the Fed- question, and it is an important ques- ican taxpayer has already paid for be- eral Government leaves a gap in law tion. My amendment creates a com- cause it is being deployed by the U.S. enforcement efforts. prehensive immigration reform trust military in places such as Afghanistan My amendment would also remove a fund similar to that in the underlying and Iraq. What we need to do is trans- controversial provision in the under- bill. Ultimately, the goal is for fees and fer some of that to the Homeland Secu- lying bill that would prevent the emer- fines to fund this entire piece of legis- rity Department—another part of the gency deportation of serious criminals. lation. But my amendment combines Federal Government—and to imple- My amendment would remove a con- all border security funding streams and ment it to help provide that situa- troversial disclosure bar that would makes $6.5 billion of these funds avail- tional awareness and enforcement. prevent law enforcement and national able immediately for implementing the My amendment also authorizes $1 bil- security officials from obtaining crit- southern border security strategy. lion a year for 6 years—it does not ap- ical information contained in legaliza- The RESULTS amendment increases propriate it; it authorizes it—in emer- tion applications filed under this bill. the number of Border Patrol agents gency port of entry personnel and in- My amendment would allow these offi- and Customs and Border Protection of- frastructure improvements. I already cials to request and obtain information ficers by 5,000 each. Some people have touched on that a moment ago. But the in connection with an independent mistakenly said I want to add 10,000 whole idea of the underlying bill is to criminal, national security, or civil in- Border Patrol agents to the border on provide a guest worker program, a vestigation. top of the 20,000 who are already there. legal means to come and work in the This is directed at one of the biggest Well, that is not entirely accurate. We United States. The idea is that will problems in the 1986 amnesty Ronald want 5,000 more because if you have allow law enforcement to focus on the Reagan signed, because he signed an this great technology—which is going bad actors. This has the similar ration- amnesty for 3 million people premised to give you eyes in the sky; 100-percent ale. on the idea that we were actually going situational awareness—when this tech- The RESULTS amendment further to enforce the law and we would never nology identifies people trying to cross improves the land ports of entry by al- need to do that again. But so much of the border, you have to have somebody lowing the General Services Adminis- that amnesty was riddled with fraud to go get them and to detain them. tration to enter into public-private and criminal activity because of the That is why Border Patrol agents are partnerships to improve infrastructure confidentiality provisions which pro- important. In some parts of our 1,200- and operations. hibited law enforcement from inves- mile border in Texas alone, there are This amendment also repurposes the tigating and detecting fraud and crimi- huge stretches of land that are vulner- Tucson sector earmark in the under- nality. If we want to maintain the in- able to cross-border traffic. That is lying bill to the full southern border to tegrity of the provisions of this bill, we why the Rio Grande sector in South help ensure that effective border secu- need to make sure our law enforcement Texas is now the single most crossed rity prosecutions are increased in officials are not blinded, but that they sector. every sector, not just in one, in Tuc- actually have the ability to investigate The other day, when I was in Brooks son. these matters for a criminal, national County—Falfurrias, TX—the head of By making improvements to the security, or civil investigation. the Border Patrol sector in that area State Criminal Alien Assistance Pro- My amendment would allow Citizen- told me that in 1 day they had 700 peo- gram—the so-called SCAAP bill—my ship and Immigration Services to turn ple coming across the border whom amendment would help ensure that over evidence of criminal activity or they detained. We do not know how State and local governments are swift- terrorism contained in legalization ap- many got away, but they did detain 700 ly and fully compensated for their as- plications filed under the bill to other people. Madam President, 400 of them sistance in detaining criminal aliens law enforcement agencies after the ap- came from countries other than Mex- who have been convicted of offenses plication has been denied and all ad- ico. In other words, Mexico’s economy and who are awaiting trial. ministrative appeals have been ex- is doing much better, and it is less and One of the great frustrations in my hausted. less incentive for people to cross into State—given our common border with This would greatly work to reduce the United States to work if they have Mexico and the failure of the Federal the potential for mass fraud that oc- a job where they live. But in Central Government to live up to its respon- curred in the 1986 amnesty bill, and it America things are pretty bad right sibilities when it comes to border secu- would allow the application process to now. So 400 out of the 700 in 1 day came rity—is that much of the cost of that is maintain its basic integrity and ensure from Central America. Literally people borne by local governments and local that national security is protected. could come from anywhere around the taxpayers in counties along the U.S.- My amendment would also give world if they have the money and the Mexico border, particularly when it American diplomatic officials more determination to penetrate our south- comes to education, health care, and flexibility to share foreigners’ visa ern border. So it is important we have law enforcement. records with our allies by clarifying increased numbers of Border Patrol This SCAAP provision in my amend- that the State Department may share agents as well as Customs and Border ment would help make sure that in the visa records with a foreign government Protection officers to help facilitate le- law enforcement area State and local on a case-by-case basis for the purpose gitimate commerce and to detain peo- law enforcement officials are indem- of determining removability or eligi- ple trying to cross illegally. nified and, indeed, encouraged to help bility for a visa, admission, or other By the way, the underlying bill al- cooperate in detaining criminal aliens immigration benefits—not just for ready has a provision for additional who have been convicted of offenses crime prevention, investigation, and CBP officers—Customs and Border Pro- and are awaiting trial. punishment—or when the sharing is in tection officers—and my amendment My amendment would also create the the national interest of the United would increase that number by 3,500, southern border security assistance States. and add 5,000 Border Patrol agents to grant program to help border law en- My amendment would further im- it. forcement officials target drug traf- prove the public safety by denying pro- The RESULTS amendment also im- fickers, human traffickers, human bationary status—something called proves emergency border security re- smugglers, and violent crime. Again, RPI, or registered provisional immi- source appropriations by ensuring that the Federal law enforcement agencies grant status—to any person who has deployment decisions are consistent cannot do it by themselves, and local been convicted of a crime involving do- with the comprehensive strategy and and State law enforcement in Texas do mestic violence, child abuse, assault

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.049 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4564 CONGRESSIONAL RECORD — SENATE June 18, 2013 with bodily injury, violation of a pro- that would allow dangerous individuals simply left behind by the human smug- tective order under the Violence to remain in the United States after glers who basically did not care any- Against Women Act, or drunk driving. their RPI application has been denied thing about them—only for the money These are serious offenses, and the con- by the Department of Homeland Secu- they would provide, which once pro- sequences are often tragic. The under- rity. vided, they could care less about lying bill would allow the vast major- Finally, my amendment would take a whether these people actually made ity of illegal immigrants who have hard line against human smuggling and their way into the United States, par- committed these crimes to automati- the transnational criminal organiza- ticularly if they were slowing down the cally become registered provisional im- tions that are the primary movers of rest of the group. migrants and, ultimately, hold open to people and drugs across the southern My RESULTS amendment disquali- them the possibility they could become borders. I do not know how many of fies persons who have used a commer- American citizens. I think we need to our colleagues really understand this cial motor vehicle to commit a human draw a very bright line between those now, but this is a major business that smuggling offense from operating a whose only offense is to try to come is primarily occupied by organized commercial vehicle for a year. We ban here for a better life and those who crime. It is the drug cartels. It is what repeat human smugglers from oper- have shown such contempt for our laws we sometimes call transnational crimi- ating commercial motor vehicles for and American law and order that they nal organizations and the people who life. This is a penalty that will have commit crimes. We should not reward work for them. teeth in it and deter this heinous crime. My amendment creates special them with a registered provisional im- They are the primary agency moving penalties for illegal immigrants con- migrant or probationary status. people, drugs, and contraband across My amendment also removes an un- the border. That is what my amend- victed of drug trafficking or crimes of justified provision in the underlying ment is designed to attack—increased violence. Now, we understand that, again, bill that would allow repeat criminals penalties for human smuggling and the some people have come across our bor- with multiple convictions to automati- transnational criminal organizations ders without observing our immigra- cally obtain legal status, so long as that facilitate them. My amendment tion laws who want nothing but a they were convicted of the multiple of- adds aggravated penalties for human chance to work. But if people have smuggling that is committed by repeat fenses on the same day. I know that come across the border and engaged in offenders which result in death, result sounds very strange, but in the under- drug trafficking or criminal violence, in human trafficking, or include invol- lying bill, if you commit multiple of- they deserve the special penalties pro- untary sexual conduct. fenses on one day, they do not count as vided for in my amendment. My I had the humbling experience the separate offenses for purposes of the amendment would create a new crime other day when I was in south Texas in bar—if you commit three mis- for illegal border crossing with the in- meeting a young lady who is from Cen- demeanors or a felony. So my amend- tent to aid, abet, or engage in a crime tral America. Her parents paid $6,000 ment would fix that. of terrorism. Again, this is something I for her to be smuggled into the United My amendment would also remove a wonder whether my colleagues really States and to be reunited with rel- dangerous provision in the underlying understand because they do not live atives in New Jersey, only to find out bill that would allow the Secretary of along the southwestern border. the Department of Homeland Security that did not work out too well, and she We have had people from 100 different unfettered discretion to waive this had to rejoin the person who brought countries, including countries of spe- criminal activity prohibition and to her across the border, the human cial interest as state sponsors of ter- allow people to gain legal status, even smuggler, who promptly prostituted rorism, come across our southwestern if they are repeat criminals who have her and put her into involuntary ser- border. When I was in Falfurrias the been convicted of three or more of- vitude where she was afraid to escape other day, the Border Patrol showed fenses. lest she be deported and have to leave me rescue beacons which, if you get My amendment would strike a con- the country. sick enough and dehydrated enough troversial provision allowing deportees There are innumerable human trage- and exposed enough to the elements and persons currently located outside dies which occur day in and day out and just want to give up, you can hit the United States to qualify for proba- under the status quo, which is one rea- the beacon and the Border Patrol will tionary status. I do not know how son why I believe we need to fix our come and rescue you. many people have actually focused on broken immigration system, and par- They are listed in three languages: this provision. I think most people ticularly our porous border, that al- English, Spanish, and Chinese. I asked thought this was for people who were lows these predators to prey on inno- the Border Patrol: Well, Chinese, that in the shadows in the United States cent young women like this young seems a little bit out of place in south whose only offense was simply a viola- woman I met from Guatemala, and to Texas. They said: Well, for $30,000, if tion of our immigration laws to come basically commit them to human slav- you are from China, you can hire some- here and work. But this underlying bill ery in the United States in places like one to smuggle you into the United would allow people who have already Houston, where she worked in a bar States. So, as we have heard from both been deported and who have committed and was prostituted out numerous the Director of National Intelligence crimes already to reenter the country times a day. Because she felt so vulner- and the head of the Defense Intel- and to qualify for probationary status. able, she believed the only way she ligence Agency, this vulnerability My amendment would change that and could actually stay here was to submit along our southwestern border is lit- fix that. to the demands of this sexual predator. erally a national security vulnerabil- My amendment would require the My amendment respects the victims ity, and one reason we need to adopt Secretary of Homeland Security, of abuse of human smuggling by requir- my amendment. through her designees, to conduct ing the Department of Justice to en- My amendment closes loopholes in interviews of applicants for RPI status sure that information about missing current laws that allow drug cartel who have been convicted of a criminal and unidentified migrant remains mules to transport bulk cash and laun- offense in order to determine whether found on lands near the southern bor- der money with near impunity. So the applicant is a danger to the public der is uploaded into the National Miss- what happens is, the drugs come from safety. ing and Unidentified Persons System. the south of the border to the north of Now, I can imagine that somebody We provide state and local officials the border. Then the transaction is might have committed some mis- with resources to identify the victims. made by somebody buying those drugs. demeanor offense, but upon further in- This is another experience I had The cash has to make its way back. We quiry and examination they may not when I was in Brooks County recently have developed pretty sophisticated be deemed a threat to the public safe- in south Texas, where just last year means through a wire transfer process ty. That is what the purpose of that alone they found 129 dead bodies— to identify when large amounts of cash interview requirement would be. We human remains—that they were unable are transferred by wire. But there is also close a judicial review loophole to identify because these were people also a huge trade in bulk cash, where

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.050 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4565 literally cash is transferred in bulk opportunity to earn legal status in this cialists, report officers, and systems across the border south in order to country if they could just be assured engineers. Although the role and re- launder it with near impunity. My that the borders would be secured and sponsibilities within ICE and CBP are amendment would address that prob- our laws would be enforced. My amend- varied, each plays a critical role in pro- lem. ment accomplishes exactly that. tecting the border. The ability of these My amendment targets money-laun- As I have repeatedly emphasized, my agencies to protect the border depends dering efforts through stored value amendment uses the same border secu- on the skills, training, and judgment of cards and blank checks. So why do it rity standards as the Gang of 8 bill. its employees. on the wire? Why do it in bulk cash if Again, the difference is that in my The men and women who have served you can just do it through a gift card amendment it has a real trigger that is our Nation in the Armed Forces, as you can buy at a local grocery store or based on demonstrable results, while well as those who have served in the blank checks? These are tactics that their so-called trigger can be activated Reserves, have a broad range of capa- are frequently used by cartels to trans- whether or not our borders are ever se- bilities that make them well suited to port criminal proceeds across the cured. work in these important agencies. southern border and launder money. To put it another way, their trigger These men and women embody endur- In sum, my amendment goes beyond demands border security inputs. My ance and adaptability. Many of them promises and platitudes. It demands re- trigger demands border security results have the human intelligence skills that sults. Again, it realigns the incentives or outputs. We have now had 27 years ICE and CBP agents and officers need for everybody to make sure the Depart- of inputs since the 1986 amnesty, and to detect illegal border crossers and re- ment of Homeland Security hits the we still do not have secure borders. It spond to other nefarious activities. standards in this bill of 100 percent sit- is long past time to demand results, or They are familiar with the security uational awareness, 90 percent oper- outputs, and not just more hollow equipment and technologies that these ational control. promises. agencies rely upon. These are not my standards alone. One final point about immigration They have experience responding to These were standards that the Gang of reform. Whatever legislation we pass in leads provided by electronic sensor sys- 8 wrote initially into their bill. Their this Chamber will head over to the tems and aircraft sightings, as well as bill offers promises but no real enforce- House of Representatives. If we want interpreting and following tracks and ment means to make sure it actually the Senate bill to have any chance to other physical evidence. They are happens. become law, then we have to include trained in target assessment and have Under my amendment, people who real border security provisions and a experience in disseminating the intel- applied for registered provisional sta- real border security trigger. Our House ligence needed to make informed oper- tus are not eligible for legal permanent colleagues have made that abundantly ational strategies. These men and women, in short, have residency until the American people clear. have the assurances that the border se- In other words, my amendment is not the physical skills, operational experi- curity measures, the E-Verify provi- a poison pill. It is an antidote because ence, and decisionmaking abilities needed by ICE and CBP to ensure that sion, the biometric entry-exit system, it is the only way we are ever going to our borders are stronger than ever. all those things have been done. truly get bipartisan immigration re- That seems like a small price to pay Let me say this is one of these form, something which I hope and pray amendments that is a no-brainer. This with a generous gift that the American we will because the status quo is sim- people are being asked to confer upon makes sense, and it helps our veterans ply unacceptable. in a couple of different ways. It helps people who have entered the country il- I yield the floor. with the unemployment rate, but it legally or who came in legally and The PRESIDING OFFICER. The Sen- also helps them continue to serve our overstayed their visa in violation of ator from Arkansas. country. The bottom line is it helps our laws. Now, this is what a real bor- Mr. PRYOR. Madam President, I un- our country to have the best, the der security trigger looks like. Unfor- derstand I am not supposed to call up brightest, most capable, and most ex- tunately, some of our colleagues do not my amendment. But I would like to perienced personnel we can possibly want a trigger at all. Above all, they discuss amendment No. 1298. If it were have on the border. want a pathway to citizenship regard- appropriate, I would ask to make it This is a bipartisan amendment. Sen- less of whether we have secured our pending. But, again, I understand we ator JOHANNS is my partner, and I am borders. are not quite ready for that. honored to be joined by him. Certainly, We have tried that before—in 1986. I am offering this amendment, when I would like to have broad-based bipar- We have also promised people since 1996 the time is right, because I think it is tisan support as we proceed when the that we would implement a biometric crucial that we have the strongest pos- time is right. entry-exit system and have never deliv- sible border protection system in place I hope to have this amendment in- ered that. The 9/11 Commission identi- if this bill, in fact, does someday go cluded in the bill. Again, when the fied the need for a biometric entry-exit into law. To that end, I would like to time is right, I would ask that my col- system as a national security impera- ensure that we have the best trained leagues consider supporting this tive in the 9/11 Commission report. We personnel securing our borders and amendment. still have not done it. So why in the overseeing the activity that contrib- I yield the floor. world would the American people, at a utes to the safety of our Nation every The PRESIDING OFFICER. The Sen- time when their trust in the Federal day. ator from Iowa. Government is at an all-time low, why Therefore, I am proposing an amend- Mr. GRASSLEY. My colleagues have in the world would we simply say trust ment to require the Department of heard me mention so many times that us once more. We are going to promise Homeland Security to set up a program we tend to delegate more and we ought you the Sun and the Moon and the au- to recruit highly qualified veterans of to be legislating. This bill is another rora borealis, but we are not going to the Armed Forces as well as members example of delegating too much and have any means necessary in the bill to of the Reserves to fill crucial positions giving too much authority to Cabinet- actually require the implementation of within Customs and Border Protection level people, in this case the Secretary those promises. By the time the empty and Immigration and Customs Enforce- of Homeland Security, and not making promises are realized, we know there ment. enough hard decisions on the floor of will be 11 million people on registered The security provided by these the Senate. provisional immigrant status and po- agents depends on the line watch It is reminiscent of the 1,693 delega- tentially on the way to legal perma- agents who identify and apprehend un- tions of authority we gave to Cabinet nent residency and citizenship. documented aliens, smugglers, and ter- people in the health care reform bill to CNN reported a poll today that said 6 rorists. It depends on the agriculture a point where you can read that 2,700 out of 10 Americans in their poll were and trade specialists, aircraft pilots, pages and understand it, but we truly OK with providing people humane and and mission support staff. It also de- don’t know what the health care sys- compassionate treatment, including an pends on the intelligence research spe- tem in the United States is going to be

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.051 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4566 CONGRESSIONAL RECORD — SENATE June 18, 2013 until those 1,693 regulations are put in should be expanded to cover these deci- With respect to the point system, the place. That is going to be a long way sions and that is an expansion of judi- Secretary is given discretion to recal- down the road. cial review. culate the points for particular peti- I wish to point out to my colleagues, Let me speak of the inconsistency of tioners and to decide not to deport in- I think we are making the same mis- when they didn’t think judicial review admissible persons. take in this immigration bill that is should be there. The majority wants She also has the discretion to waive before the Senate. I wish to take some unlimited judicial review when the requirements for citizenship that oth- time to talk about how important it is Secretary would take enforcement ac- erwise apply under the bill. to emphasize the need for Congress to tion against people in the country ille- The Secretary is also given a great legislate, not delegate, especially with gally. deal of discretion in the operation of this immigration bill before us. At the same time, the bill provides the electronic employment verification When an immigration bill is nearly more judicially unreviewable discre- system; for instance, which businesses 1,200 pages long, the American people tion for the Secretary when she decides will be exempt from the requirement; should expect that it is their elected not to enforce the law against undocu- which documents can individuals representatives writing the legislation mented immigrants. present to prove identity or work au- and making most of the decisions. The people of this country should be thorization. She also has the authority They should expect the executive aware of the one-way ratchet for dis- to determine when an employer who branch and the Secretary of Homeland cretion that the bill contains. Then it has repeatedly violated the law is re- Security, in particular, to carry out adds judicial review when the Sec- quired to use the system. Those deci- those policies. retary would enforce the law and does sions will be vital in determining There are individual circumstances not provide judicial review when the whether the employment verification that Congress cannot fully anticipate, Secretary decides to withhold enforce- system will be effective. so it is understandable, then, dele- ment of border security and other Members of this body can opine all gating some authority. With direction measures designed to reduce illegal im- day about what this bill does, but we from Congress, the Secretary should be migration. may not know for years, as in the case able to issue regulations to enforce leg- I believe it is worth noting some of of ObamaCare, until these regulations islative policies in those situations. the specific provisions of the bill that are written or these waivers are used, give the Secretary discretion in en- Those regulations and any discretion the extent to which this bill is carried forcement, sometimes without judicial the Secretary exercises, such as other out with the intent that we believe it review. Some of the specific language delegations of power from Congress, is carried out. that allows her to waive provisions We don’t know that for years. I use should be subject to judicial review to that supporters of the bill claim make the example of the health care law be- ensure that the policies Congress es- this bill even tough on illegal immigra- cause we are learning, after 4 years tablished are being carried out accord- tion and border security should also be that the bill has been passed, there are ing to congressional intent. discussed. a lot of unknowns in it. We also But this immigration bill takes a dif- When they are contrasted, the legis- learned there is not a lot of certainty. ferent and wrong-headed approach. It lation’s goal is very clear: enact very That is the fallout from delegating so provides highly general discretion to general border security measures that much power in one Secretary. We the Secretary. It gives the Secretary are said to be tough, while giving the shouldn’t repeat that mistake when we tremendous, often unilateral, discre- Secretary often unilateral discretion pass this bill next week. tion to implement the bill. In many in- and waiver authority to water down I yield the floor. stances, that discretion is not even those measures. The PRESIDING OFFICER. The Sen- subject to judicial review. For instance, the Secretary can com- ator from Delaware. This, obviously, is not the way power mence processing petitions for reg- Mr. CARPER. I wish to say thank is supposed to work in our representa- istered provisional immigrant status— you to Senator MANCHIN, former Gov- tive system of government. Uncon- RPI status we call it—based on her de- ernor Manchin, for his willingness to trolled unilateral discretion is not termination of border security plans let me slip ahead of him for a few min- what the Framers of the Constitution and how she views the status of their utes. He is going to talk about the envisioned for a government with sepa- implementation. The fencing that the birthday of the State in which both of ration of powers, checks, and balances. bill seems to demand can be stopped by us were born, West Virginia. I am We have seen, for instance, and re- the Secretary when she believes it is happy to be here to cheer him on and cently with the IRS, what can happen sufficient. to applaud all the good work that goes when the executive branch exercises The Secretary has the ability to de- on in my native State and the great authority with too much discretion cide whether certain criminal offenses work he is doing. and not enough oversight. should bar someone from the legaliza- The Presiding Officer has a baseball By some accounts, there are 222 pro- tion program. She can waive, with few team up there in Massachusetts, those visions in the bill that give the Sec- exceptions, the grounds of inadmis- Red Sox, and every now and then there retary of Homeland Security discretion sibility prescribed in law. She is given is a pitcher who telegraphs a pitch. I or even allow her to waive otherwise discretion whether to bring deporta- wish to telegraph a pitch this after- governing parts of the bill. Other peo- tion proceedings against those who do noon. ple have counted even more than the not qualify for RPI status. If they are I was surprised to find out last month 222 provisions I have just referred to. denied, shouldn’t they be deported? from the chair of the Senate Com- Whether it is more or less, it is still a The Secretary is also allowed to mittee on Homeland Security, when I lot. In some cases, it is not just the waive various requirements when a was down at the Mexican border of delegation, it is how it is delegated. person adjusts from RPI status to legal South Texas, that three out of every The Secretary’s unbridled waiver au- permanent resident status, including five people who come into our country thority makes a bill that is already what counts as passing a background illegally in Texas come not from Mex- weak on immigration enforcement check. ico, but they come from Central Amer- then even weaker. The Secretary has broad authority ican countries. They come from Guate- Ironically, when the Judiciary Com- on how to use the $8.3 billion in upfront mala, they come from Honduras, and mittee marked up the immigration funds transferred from the Treasury. they come from El Salvador—3 out of 5, bill, it rejected amendments that I and On top of that, she has wide discretion 6 out of 10. others offered to limit judicial review on how to use the additional $3 billion For the most part, they don’t realize of immigration enforcement pro- in startup costs that don’t have to be what they are getting into. They don’t ceedings against people who are in this entirely repaid to the Treasury. realize the risks they face on their way country illegally. The majority argued Notwithstanding the constitutional to the north to go to the border of Mex- against them by claiming that judicial powers of Congress over the purse, she ico and even when they get across the review, which historically has been is given authority to establish a grant border into the United States. The dan- limited to these enforcement actions, program for nonprofit organizations. gers they face are of getting robbed,

VerDate Mar 15 2010 01:35 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.053 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4567 raped, beaten, drown in the river, and tries to say: Let’s put together a truth ised the constant pursuit of ‘‘a more die of starvation and dehydration in campaign, convey what is really facing perfect union’’ of States. And ever the desert. Finally, they get to this the people, particularly from those since that historic beginning, we the country at a time when employers are three Central American countries, who people of West Virginia have never tightening up in terms of whom they are trying to get to the United States failed to answer our country’s call. No actually hire. They are not hiring and to also see, while we are doing demand has been too great, no danger those who are here and undocumented. that, if we can’t help a little on the too daunting, and no trial too threat- There is the prospect of detention, economic development and job creation ening. not a very pleasant experience, fol- side in those countries and in terms of The abundant natural resources of lowed shortly thereafter by literally helping them face lawlessness and our State and the hard work and sac- being transported back to their native crime. We can do a little to help there rifice of our people have made America countries. Most of the people who are as well. I call this going after the un- stronger and safer. We mined the coal trying to get here from those three derlying causes—not just treating the that fueled the Industrial Revolution. countries, Honduras, Guatemala, El symptoms of the problem but going We powered the railroads across the Salvador, don’t know what they are after the underlying cause—and I think North American continent and still getting into. we should do this. So I will offer this today produce electricity for cities all They need to know what they are tomorrow, and I hope my colleagues across this country. We stoked the getting into. When I was Governor, as will agree. steel factories that armed our soldiers part of the 50–State deal negotiated by I want to say again to my fellow na- for battles all across the globe and the States’ attorneys general, you may tive West Virginian, thank you for the built the warships that plowed the recall, with the tobacco industry, we chance to go ahead. Thank you most of oceans of the world. And we have filled created a foundation out of that and all for the great job you are doing here the ranks of our military forces in called it the American Legacy Founda- and for being here to tell us a little bit numbers far greater than should ever tion. We ran something called a truth of the good coming out of the Moun- be expected of our little State. campaign. The idea was to convince tain State. Consider this: According to U.S. cen- people, such as these pages, not to I yield the floor. sus data, West Virginia ranked first, start smoking and, if they were smok- The PRESIDING OFFICER. The Sen- second, or third in military casualty ing, to stop. It was hugely successful. rates in every U.S. war of the 20th cen- What we need is something similar to ator from West Virginia. WEST VIRGINIA’S 150TH BIRTHDAY tury—twice that of New York’s and that, particularly in those Central Connecticut’s in Vietnam and more American countries, where the major- Mr. MANCHIN. Madam President, than 21⁄2 times the rates of those two ity of people are now coming from in this week the State of West Virginia States in Korea. Today 13.8 percent of order to get into Texas and to the will celebrate the sesquicentennial of West Virginia’s population is made up United States. its birth—a brave and daring declara- The other thing I would have us keep tion of statehood that is unprecedented of veterans—the seventh highest per- in mind, we have spent a fair amount in American history. centage among all States. That is high- of resources in this country trying to West Virginia was born out of the er than the national average of 12.1 help the Mexicans go after the drug fiery turmoil of the Civil War 150 years percent. That is higher than States lords and to quash the drug trade. ago. It was founded by true patriots with much larger populations, States What is happening is it is akin to who were willing to risk their lives and such as Florida, New York, Texas, squeezing a balloon. The bad guys in fortunes in a united pursuit of justice Pennsylvania, Ohio, Michigan, or Mas- Mexico have worked their way down to and freedom for all. sachusetts. It is like I always say: West El Salvador, Guatemala, Honduras and To West Virginians, the names of Virginia is one of the most patriotic created mischief there, setting up a Pierpont, Willey, and Boreman are States in the country. drug trade, creating a lot of violence, nearly as familiar as Washington, Jef- The best steel comes from the hot- and making life very unpleasant. ferson, and Franklin. Each of these test fires. We have all been told that. What you have in those countries is men was a pivotal figure in our Well, the fires of the Civil War trans- not a good situation. One can under- States’s improbable journey to inde- formed West Virginia from a fragile stand why people want to get out of it: pendence from Virginia and to our very hope to a well-tempered, steely reality, for jobs, hope, and for personal safety. own place in the Union. dedicated to the ideals of the Declara- One of the things we have done to help But, of course, our forefathers could tion of Independence and guarantees of in Mexico—and we are part of the prob- not have brought forth a new State the U.S. Constitution. But West Vir- lem. Our country’s consumption of ille- conceived of liberty without the hand ginia is great because our people are gal drugs has created this problem for of Abraham Lincoln. It was Lincoln great—mountaineers who will always Mexico. This deal where drugs come who issued the proclamation creating be free. We are tough, independent, in- north and guns go south—we are part West Virginia and establishing our ventive, and honest. Our character is of that problem, and we need to ac- State’s birthday as June 20, 1863. And shaped by the wilderness of our State, knowledge that. But we want to be part characteristically with few words, the its rushing streams, its boundless blue of the solution in Mexico, and I think 16th President dismissed the argu- skies, its divine forests, and its majes- we are playing a constructive role. ments of the day that his proclamation tic mountains. We need to be part of the solution in was illegal. Lincoln wrote: Our home is, in the words of the best- Honduras, El Salvador, and Guatemala It is said that the admission of West Vir- selling novelist James Alexander and do a similar kind of thing we are ginia is secession, and tolerated only because Thom, ‘‘a place for health and high doing in Mexico. Part of that is to help it is our secession. Well, if we call it by that spirits, where one’s first look out the a little on their own public safety, the name, there is a difference between secession cabin door every morning [makes] the law enforcement efforts in those three against the Constitution, and secession in heart swell up.’’ Thom wrote of our countries. Part of it is helping on eco- favor of the Constitution. magnetic land as it existed long before nomic development, job creation, so Indeed, the people of West Virginia it achieved statehood, but his words people don’t feel the need to leave had a choice of two different flags to ring just as true of today’s West Vir- those countries and try to flee to our follow during the Civil War. There was, ginia. They pay homage to a State of country. The last piece is to actually as Francis Pierpont pointed out, ‘‘no natural beauty, world-class outdoor work with Mexico so they can do a bet- neutral ground.’’ The choice, he said, recreation, year-round festivals, an- ter job of controlling their own bor- was ‘‘to stand by and live under the cient crafts, rich culture, strong tradi- ders, to make sure folks don’t get, from Constitution’’ or support ‘‘the military tion, industry, and trade. It is a place south of them, into Mexico and eventu- despotism’’ of the Confederacy. We of coal mines and card tables, racing ally work their way into Texas and chose wisely. We chose the Stars and horses and soaring eagles, Rocket Boys into the United States. Stripes. We chose allegiance to the and right stuff test pilots, sparkling I will be offering an amendment—not country for which it stands. We chose lakes and magical mountains, breath- tonight but I suspect tomorrow—that to live under a constitution that prom- taking backcountry and barbecue

VerDate Mar 15 2010 01:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.054 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4568 CONGRESSIONAL RECORD — SENATE June 18, 2013 joints, golf and the Greenbrier, battle- Governors Association, and I know he contains some very positive news for fields and big-time college football, is marked maybe for greatness—maybe comprehensive immigration reform on college towns and small towns that are for greatness. And I think his wife has a number of fronts. pure Americana. It is a place of power, a birthday tomorrow; West Virginia At the beginning of our bipartisan pulse, and passion. It is the special has a birthday the day after tomorrow. negotiations on this bill, we made an place we call West Virginia, the special Mr. MANCHIN. Hers is the 20th also. important promise: Our bill will not place we call home. Mr. CARPER. The fact is that West add to the deficit. CBO found that we I admit we have had our ups and Virginia sort of separated itself from kept our promise—and then some. Let downs and setbacks and triumphs. We Virginia, and about 237 years ago this me review some of the top-line findings have had some pretty famous family past Saturday, the State of Delaware of the CBO report. feuds—a few you might have heard of— gave Pennsylvania its independence. It CBO found our bill decreases Federal and life can be tough sometimes. But is quite common to talk about what is budget deficits by $197 billion over the the spirit of West Virginia has never Delaware and what is not Delaware— 2014–2023 period. CBO finds we achieve been broken, and it never will. I Pennsylvania and Delaware were joined about $700 billion in deficit reduction learned that a long time ago growing at the hip—but as I said, on June 15, in the second decade of implementa- up in a small coal-mining town of hard- 1776, Delaware gave Pennsylvania its tion, from 2024 to 2033. So the first 10 working men and women called Farm- independence and also declared our years, our bill, according to CBO, de- ington, WV. When things got tough, independence from the tyranny of the creases the deficit by $175 billion and in they got tougher. British throne. But here we are 5 days the second 10 years by $700 billion. It is as if we still hear the words of later celebrating West Virginia giving The CBO also released an economic Francis Pierpont to the delegates to Virginia its independence, and now analysis that found the bill will in- the Second Wheeling Convention in they are on their own and making us crease GDP by 3.3 percent in 2023, and 1861 as they debated whether to secede all proud. between 5.1 percent and 5.7 percent in from Virginia. Pierpont said: Mr. MANCHIN. I know the Senator 2033. The second-decade figure on deficit We are passing through a period of gloom from Delaware was also, like myself, reduction is quite relevant and remark- and darkness . . . but we must not despair. born in West Virginia. And when we able. Many of the bill’s opponents were There is a just God who rides upon the whirl- think about all the famous people who specifically urging the CBO to look at wind and directs the storm. have come from West Virginia, we the second decade in hopes it would It is as if we still hear the words of think about the men with the right show major costs, but CBO found just President John F. Kennedy from the stuff—Charles Yeager, General Yeager, rain-soaked steps of the State capitol the opposite. who broke the sound barrier in 1947; we I cannot overstate the significance of in Charleston during our State’s cen- think about the Rocket Boys and the these findings. Simply put, this report tennial celebration. President Kennedy movie ‘‘October Sky.’’ We think about is a huge momentum boost for immi- said: the Hatfield and McCoy feud—a couple gration reform. It debunks the idea The sun does not always shine in West Vir- of feuds we have had and some might that immigration reform is anything ginia, but the people always do. say are still going on; and we think other than a boon to our economy, and We are West Virginians. Even in the about the logo for the National Basket- robs the bill’s opponents of one of their darkness and the gloom, we look to a ball Association. Jerry West is the per- last remaining arguments. just God who directs the storm. We are son dribbling the basketball. That is The report proves once and for all West Virginians. We are the 35th State his picture. That is the logo. So we that immigration reform is not only of these United States. We are West think about so many contributions, right to do to stay true to our Nation’s Virginians, and like the brave, loyal but most important of all the people in principles, it will also boost our econ- patriots who made West Virginia the West Virginia and all over this great omy, reduce the deficit, and create 35th star on Old Glory, our love of God country have contributed to who we jobs. Immigration reform should be a and country and family and State is are today, and I am a proud West Vir- priority of progressives and conserv- unshakable, and that is well worth ginian through and through. atives alike. celebrating every year. Mr. CARPER. If I could add, Madam Madam President, I yield the floor, I thank the Chair, and I yield the President, every Sunday night I turn and I suggest the absence of a quorum. floor. on the radio to WNCN to hear simul- The PRESIDING OFFICER. The Mr. CARPER. Madam President, if cast across the country West Virginia clerk will call the roll. the Senator will yield, that was won- Mountain State—it is great music, ec- The bill clerk proceeded to call the derful. I am sorry more of us weren’t lectic music that is wonderful and re- roll. hear to hear those words. minds me of home. Mr. CORNYN. Madam President, I The Senator holds the seat once held I thank the Senator for enabling us ask unanimous consent the order for for many, many year by Robert Byrd, to help him celebrate West Virginia’s the quorum call be rescinded. who until maybe this month was the birthday as well. The PRESIDING OFFICER. Without longest serving person in the history of Mr. MANCHIN. I thank the Chair, objection, it is so ordered. our country to serve in Congress. I and I suggest the absence of a quorum. ROSOBORONEXPORT think the record was just eclipsed by The PRESIDING OFFICER. The Mr. CORNYN. Madam President, I JOHN DINGELL from Michigan—a most clerk will call the roll. come to the floor to say a few words worthy successor. The assistant legislative clerk pro- about Rosoboronexport, the Russian The Senator from West Virginia ceeded to call the roll. State arms dealer which has been sup- knows there is another notable West Mr. SCHUMER. Madam President, I plying the Syrian Government with Virginian who is rising now to national ask unanimous consent that the order deadly weapons and thereby facili- prominence to serve our country as the for the quorum call be rescinded. tating mass murder. Last November I new Director of the Office of Manage- The PRESIDING OFFICER. Without sponsored an amendment to prohibit ment and Budget. She grew up in Hin- objection, it is so ordered. the use of taxpayer dollars in America ton, WV, graduated from Hinton High Mr. SCHUMER. Madam President, I to enter into contracts or agreements School, played on the girls basketball rise to discuss the report by the Con- with Rosoboronexport. My amendment team, and her name is Sylvia Mathews gressional Budget Office that was just had strong bipartisan support, and it Burwell. released. This is a long-awaited report, passed unanimously. Yet just yester- So West Virginia is a State that has and we have all been waiting with day, as President Obama met with Rus- produced certainly a lot of coal, a lot bated breath to see what they would sian leader Vladimir Putin at the G8 of natural resources, but also a lot of say. The report assesses the economic Summit in Northern Ireland, we good people and a lot of good leaders. and fiscal impact of S. 744, the bipar- learned the Pentagon signed a And this Senator came to us from West tisan immigration bill being debated brandnew $572 million contract with Virginia having been a two-term Gov- here in the Senate. We are still digest- Rosoboronexport to buy MI–17 heli- ernor and chairman of the National ing the report, but at first glance it copters for the Afghan Army.

VerDate Mar 15 2010 01:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.055 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4569 How did the Obama administration ditions. So what happens if expected and that is the old bridge down on the get around the prohibition in my weather and climate patterns change? left there. amendment? They argued that the Well, they are. To the south, Louisiana State High- Rosoboronexport contract was in our According to the Draft National Cli- way 1 is the only access road to Port national security interests. In other mate Assessment: Fourchon. Senator VITTER, who is from words, they want us to believe we are U.S. average temperature has increased by Louisiana and our ranking member on promoting U.S. security by doing busi- about 1.5 degrees Fahrenheit since 1895; more the Environment and Public Works ness with a Russian arms dealer who is than 80% of this increase has occurred since Committee, has told us that 18 percent helping an anti-American, terror-spon- 1980. The most recent decade was the na- of the Nation’s oil supply passes soring dictatorship commit mass atroc- tion’s hottest on record. through Port Fourchon. It is a pretty ities. Unbelievable. We are also getting more precipita- important port, and Highway 1—the Last year the Pentagon agreed to tion with more and more of our rain only access road to it—is closed on av- audit the contract with coming in big, heavy downpours. Be- erage 31⁄2 days a year due to flooding, Rosoboronexport and make good-faith tween 1958 and 2011, the amount of rain according to GAO. NOAA scientists efforts to find other procurement that fell during individual rainstorms project that within 15 years portions of sources for the Afghan military. Now increased in every region of the coun- Louisiana Highway 1 will flood an aver- they are refusing to complete that try—up to 45 percent in the Midwest age of 30 times each year. State and audit on the grounds that and 74 percent in our northeast. local officials raised 11 miles of High- Rosoboronexport simply has refused to Last month the Government Ac- way 1 by more than 22 feet. So when cooperate. countability Office issued a report re- Hurricane Isaac brought a 61⁄2 foot Meanwhile, my office has learned vealing the risks posed to U.S. infra- storm surge up the gulf, those raised that Army officials within the Non- structure by climate change. The re- portions were unaffected. Standard Rotary Wing Aviation Divi- port—which I requested, along with fi- Up north in Milwaukee, WI, the met- sion, whose primary focus is the Mi-17 nance chairman MAX BAUCUS—shows ropolitan sewerage district spent $3 bil- program, are the subjects of an ongoing we can no longer use historical climate lion in 1993 to increase the capacity of criminal investigation. This, obvi- patterns to plan our infrastructure its sewer system based on historical ously, raises troubling questions about projects. rainfall records dating back to the whether the terms of the new Mi-17 First, limited resources often must 1960s. But extreme rainstorms in the procurement contract resulted from be focused on short-term priorities. Midwest have changed drastically. Mil- criminal misconduct. Fixing an unexpected water main waukee experienced a 100-year storm 3 I want to take this opportunity to break, for example, won’t usually allow years in a row. Milwaukee experienced say once again that American tax- for upgrades to account for climate 100-year storms in 2008, again in 2009, payers should not be indirectly sub- change. And long-term projects that do and again in 2010. The University of sidizing the murder of Syrian civilians, include climate change safeguards usu- Wisconsin projects these storms will be especially when there are perfectly ally require more money upfront. That even more common in the future, so good alternatives to dealing with is GAO’s warning. Milwaukee took steps to improve the Rosoboronexport. If the Pentagon con- GAO also found that local decision- ability of nearby natural areas like tinues this relationship, it will under- makers—folks in our home commu- wetlands to absorb the extra runoff mine American efforts to stand by the nities—need more and better climate from rainstorms. This eased the pres- Syrian people. information. The faster someone sure on the city’s wastewater system. I yield the floor. drives, the better their headlights need The GAO infrastructure report also I suggest the absence of a quorum. to be, and carbon pollution is accel- found that areas recently hit by a nat- The PRESIDING OFFICER. The erating changes to our climate and ural disaster tend to get proactive clerk will call the roll. weather. Our communities need the in- about adaptation. I think it is easy to The bill clerk proceeded to call the formation—the headlights—to see see how getting clobbered by a hurri- roll. these oncoming changes, and it needs cane will help people to rethink their Mr. WHITEHOUSE. Madam Presi- to be local. emergency preparedness. But waiting dent, I ask unanimous consent the When a bridge is constructed in Cape for disaster is not risk management, order for the quorum call be rescinded. Hatteras, it is more helpful to know and we can and must do better. The PRESIDING OFFICER. Without how climate change will affect North In my home State of Rhode Island, objection, it is so ordered. Carolina than North America. Thank- local leaders are wide awake to climate Mr. WHITEHOUSE. Madam Presi- fully, leaders across the country are change. For instance, North Kingstown dent, I ask unanimous consent to speak waking up to the reality of climate is a municipality with planners who for perhaps up to 20 minutes as in change and are making evidence-based, have taken the best elevation data morning business. not ideological, decisions about how to available and modeled expected sea- The PRESIDING OFFICER. Without best serve their communities. level rise as well as sea-level rise plus objection, it is so ordered. This is the Interstate 10 twin span 3 feet of storm surge. By combining GLOBAL CLIMATE CHANGE bridge that crosses Lake Pontchartrain these with the models and maps that Mr. WHITEHOUSE. Madam Presi- near New Orleans. During Hurricane show the roads, emergency routes, dent, I am here again—I think it is the Katrina, the storm surge rocked the water treatment plants, and estuaries, 36th time—to speak as I do every week bridge’s 255-ton concrete bridge spans the town can better plan its transpor- on global climate change, to remind us off of their piers, twisting many, and tation, conservation, and relocation that it is time for us to wake up and to toppling others into the lake. Hurri- projects. take action to protect our commu- cane Katrina brought the largest storm Last week, North Kingstown’s efforts nities. The risks that we ignore will surge on record for Lake Pont- were recognized by a grant from the not go away on their own. The longer chartrain. Scientists tell us that cli- EPA and will be a model for commu- we remain asleep, the greater the chal- mate change loads the dice for these nities throughout the country. lenges we leave for our children and stronger and more frequent storms. So Other coastal States face many of grandchildren. The changes we are al- the recovery design team decided to the same risks we are facing in Rhode ready seeing—rising sea levels, floods, strengthen and raise this bridge. They Island—none more than Florida. A and erosion, more powerful storms—are made a larger initial investment in study of sea-level rise on U.S. coasts taking their toll in particular on our order to reduce maintenance costs in found that in Florida more than 1.5 aging infrastructure which I would like the future. That is smart planning. million residents and almost 900,000 to talk about today—our roads, our In 2012, Hurricane Isaac was the first homes would be affected by 3 feet of bridges, our sewers and water pipes. major test for the new bridge, and it sea-level rise. Both numbers, 1.5 mil- This kind of infrastructure is designed passed. The damage was limited to lion residents and almost 900,000 to operate for 50 to 100 years and to road signs and electrical components. homes, are almost double any other withstand expected environmental con- This is the new higher bridge over here State in the Nation.

VerDate Mar 15 2010 01:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.058 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4570 CONGRESSIONAL RECORD — SENATE June 18, 2013 These maps show what 3 feet of sea- ask: If you are a Member of Congress border is the longest common border in level rise means for Miami-Dade Coun- from Florida, how can you credibly the world’’ and it presents ‘‘unique se- ty in southeastern Florida. The map on deny climate change? curity challenges based on geography, the left shows the current elevation in Studies show about 95 percent of cli- weather, and the immense volume of southern Miami-Dade compared to 3 mate scientists think climate change trade and travel.’’ feet of sea-level rise shown here on the is really happening and humans really According to a report released by the right. The blue regions, which are are contributing to it. About 5 percent GAO in 2010, the Border Patrol had sit- green here, are the regions that have disagree or aren’t so sure. Can Florid- uational awareness of only 25 percent gone underwater with 3 feet of sea-level ians here in Congress really take the 5- of the 4,000-mile northern border and rise. They would lose acres and acres of percent bet? Does that seem smart, operational control of only 32 miles— land. This nuclear power station and cautious, prudent, and responsible? less than 1 percent. We will hear those this wastewater treatment plant are This is the only Florida we have, and terms discussed a lot during the debate virtually cut off from dry land. the Sunshine State is ground zero for on immigration with respect to the And the flooding won’t just be along sea-level rise. It is long past time for southwest border. I think it is impor- the coast; low-lying inland areas are us to act on climate change, but it is tant that we not forget we also have a also at risk. That is because in Florida, not too late to be ready and it is not 4,000-mile northern border. particularly in the Miami metropolitan too late to be smart in Florida and This lack of situational awareness area, the buildings are built on lime- elsewhere. In Florida, and in other and operational control is especially stone. Florida stands on a limestone States, infrastructure has to be de- troubling because as GAO has observed: geological base, and limestone is po- signed for and adapted to the climate ‘‘DHS reports that the terrorist threat rous. Up in New England, we can build changes we can foresee. on the northern border is actually levees and other structures to hold the I thank the Government Account- higher [than the southern border], water back. In Miami, they would be ability Office for this report. Nature given the large expansive area with building those structures on a geologi- could not be giving us clearer warn- very limited law enforcement cov- cal sponge. The water will seep under ings. Whatever higher power gave us erage.’’ and through the porous limestone. our advanced human capacity for per- In the same report, GAO noted that Rising seas don’t just threaten south- ception, calculation, analysis, deduc- the maritime border on the Great ern Florida. According to the American tion, and foresight has laid out before Lakes and rivers is vulnerable to use Security Project, Eglin Air Force Base us more than enough information for by small vessels as a conduit for the on the Florida panhandle coast, which us to make the right decisions. Fortu- potential smuggling and exploitation is the largest Air Force base in the nately, these human capacities provide by terrorists, alien smuggling, traf- world, is one of the five most vulner- us everything we need to act respon- ficking of illicit drugs, and other con- able U.S. military installations be- sibly on this information if only we traband and criminal activity. Also, cause of its vulnerability to storm will awaken. the northern border’s waterways fre- surges, sea-level rise, and saltwater in- I yield the floor and note the absence quently freeze during the winter and trusion. of a quorum. can be easily crossed by foot, vehicle, Responsible Floridians looking at The PRESIDING OFFICER. The or snowmobile. The northern air border these projections have decided to take clerk will call the roll. is also vulnerable to low-flying aircraft action. Four counties in Florida— The legislative clerk proceeded to that, for example, smuggle drugs by en- Miami-Dade, Palm Beach, Broward, call the roll. tering U.S. airspace from Canada. and Monroe—have formed the South- The PRESIDING OFFICER. The Sen- Additionally, Customs and Border east Florida Regional Climate Change ator from Maine. Protection reports that further threats Compact. Using the best available Ms. COLLINS. Madam President, I result from the fact that the northern science, they have assessed the vulner- ask unanimous consent that the order border is exploited by well-organized ability of south Florida’s communities for the quorum call be rescinded. smuggling operations which can poten- to sea-level rise. In their four counties The PRESIDING OFFICER. Without tially also support the movement of in Florida alone, a 1-foot rise in sea objection, it is so ordered. terrorists and their weapons. level would endanger approximately $4 AMENDMENT NO. 1255 There is also, regrettably, significant billion in property—just in those four Ms. COLLINS. Madam President, I criminal activity on the northern bor- counties. A 3-foot sea-level rise would rise this evening to discuss an amend- der. In the same report, GAO noted endanger approximately $31 billion in ment I have filed to the immigration that in fiscal year 2010 DHS has re- property. bill. It is Senate amendment No. 1255. ported spending nearly $3 billion in its In Monroe County, 3 of the 4 hos- It would ensure that the funding for an efforts to interdict and investigate ille- pitals, two-thirds of the schools, and 71 important border security program gal northern border activity, annually percent of emergency shelters are in known as Operation Stonegarden con- making approximately 6,000 arrests and danger by a 1-foot rise. That is a lot of tinues to be allocated by the Depart- interdicting approximately 40,000 infrastructure at risk. ment of Homeland Security based on pounds of illegal drugs at and between Together, these Florida counties, risk. Without my amendment, 90 per- the northern border ports of entry. which are led both by Republicans and cent of the $50 million in funding for The Operation Stonegarden grant Democrats—this is a bipartisan county this program awarded annually would program is an effective resource for ad- effort in Florida—have adopted a plan be earmarked for the southwest border. dressing security concerns on our to mitigate property loss, make infra- What I am proposing is that we not put northern, southern, western, and coast- structure more resilient, and protect a percentage in the bill but, rather, al borders. Over the past 4 years, ap- those essential community structures allow for a risk-based assessment of proximately $247 million in Operation such as hospitals, schools, and emer- where Operation Stonegarden monies Stonegarden funds has been allocated gency shelters. would best be spent. This program has to 19 border States using a risk-based This past October, those member been extraordinarily successful in my analysis for determining the alloca- counties signed a 5-year plan with 110 State of Maine. It has helped Federal, tions rather than the formula-based different action items, including ef- county, State, and local law enforce- analysis that is included in this immi- forts to make infrastructure more re- ment to pool their resources and work gration bill. silient, reduce the threats to vital eco- together to help secure our border. Earmarking 90 percent of funding systems, help farmers adapt, increase While the southwest border is much from Operation Stonegarden to the renewable energy capacity, and edu- more likely to make the evening news, southwest border is ill-advised. Oper- cate their public about the threat of we must not forget about our northern ation Stonegarden grants should be climate to Florida. Looking at all of border. As the Department of Home- used to help secure our northern, those risks to Florida and looking at land Security pointed out when it re- southern, and coastal borders by fund- the bipartisan action taken by those leased its first northern border strat- ing joint operations between the Bor- county leaders in Florida, I have to egy in June 2012: ‘‘The U.S.-Canadian der Patrol and State, county, and local

VerDate Mar 15 2010 01:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.059 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4571 law enforcement. These joint oper- now a judge, as of last week. Judge With that, Madam President, I yield ations can act as a force multiplier in Nitza Quinones, who is a native of the floor and suggest the absence of a areas that would otherwise be un- Puerto Rico, came to this country quorum. guarded altogether. after her education and became a law- The PRESIDING OFFICER. The My amendment would ensure that yer and an advocate, and then, ulti- clerk will call the roll. DHS continues to have the flexibility mately, a judge for more than two dec- The legislative clerk proceeded to it needs to make risk-informed deci- ades now, and now will serve on the call the roll. sions about where Operation Federal District Court for the Eastern Mr. SESSIONS. Madam President, I Stonegarden funds will best serve the District of Pennsylvania. ask unanimous consent that the order security of our Nation’s borders. So it is true of now Judge Restrepo. for the quorum call be rescinded. I urge my colleagues to support my A native of Colombia, Judge Restrepo The PRESIDING OFFICER. Without amendment, and I hope it will be became a U.S. citizen in 1993. He earned objection, it is so ordered. brought up at some point tomorrow. a bachelor of arts degree from the Uni- Mr. SESSIONS. Madam President, Thank you, Madam President. I yield versity of Pennsylvania in 1981 and a the prime sponsor, I suppose, of the im- the floor. juris doctor degree from Tulane Uni- migration bill before us—this 1,000- The PRESIDING OFFICER. The ma- versity’s School of Law in 1986. page document—Senator SCHUMER, an- jority leader is recognized. He is highly regarded by lawyers and nounced earlier today, based on the Mr. REID. Madam President, I ask members of the bench. He exhibits an Congressional Budget Office report, unanimous consent that the following extraordinary command of the law and that lower deficits were promised, and amendments be in order to be called up legal principles, as well as a sense of that the bill, indeed, produces lower and that they not be subject to modi- fairness, sound judgment, and integ- deficits. I do not believe that is an ac- fication or division, with the exception rity. curate statement, and I will share with of the technical modifications to the Judge Restrepo has served as a mag- you some of my concerns about that. Merkley and Paul amendments con- istrate judge for the U.S. District We have been through this before, tained in this agreement: Manchin No. Court for the Eastern District of Penn- where the budget numbers, in reality, 1268; Pryor No. 1298; Merkley No. 1237, sylvania since June of 2006. have been utilized in a way that is not as modified with the changes at the Prior to his judicial appointment, he healthy, and it creates a false impres- desk; Boxer No. 1240; Reed No. 1224; was a highly regarded lawyer and a sion of what is occurring here. Cornyn No. 1251; Lee No. 1208; Paul No. founding member of the Kreasner & Secondly, I do not know that he 1200, as modified with the changes at Restrepo firm in Philadelphia, concen- talked about this—I doubt he did—the the desk; Heller No. 1227; and Cruz No. trating on both civil rights litigation CBO report is explicit. Under this legis- 1320; finally, that no second-degree as well as criminal defense work. lation, if it were to pass, the wages of amendments be in order to any of these He served as an assistant Federal de- American workers will fall for the next amendments prior to votes in relation fender with the Community Federal 12 years. They will be lower than the to the amendments. Defender for the Eastern District of inflation rate. They will decline from The PRESIDING OFFICER. Is there Pennsylvania from 1990 to 1993, and as the present unacceptably low rate, and objection? an assistant defender at the Defender continue to decline for 12 years, ac- Without objection, it is so ordered. Association of Philadelphia from 1987 cording to this report. That alone Mr. REID. Madam President, we now to 1990. should cause us to defeat this bill. have these amendments in order and An adjunct professor at Temple Uni- We have been told it is going to cre- we will work with all the parties to see versity’s James E. Bensley School of ate prosperity and growth, but what it if we can have some way of proceeding Law, he was also an adjunct professor is going to produce is more unemploy- to set up votes. I would hope we can at the University of Pennsylvania ment, as this report explicitly states. work something out so we do not have School of Law from 1997 to 2009 and has It is going to produce lower wages for to do procedural things to try to get taught with the National Institute for Americans, as this report explicitly rid of them. We are going to do our ut- Trial Advocacy in regional and na- states. And it is going to increase the most. I appreciate everyone’s coopera- tional programs since 1992. deficit. tion getting this long list of amend- I know the Presiding Officer knows So I think we need to have an under- ments so we can start voting on them. something about being a law professor standing here that something very se- I think it would be a pretty fair as- and the demands of that job and the de- rious is afoot: to suggest that you can sumption that we are not going to have mands of being an advocate. bring in millions of new workers to any votes tonight on these amend- I think anyone who looks at Judge take jobs in the United States at a ments. We will work something out to- Restrepo’s biography and background time of record unemployment and that morrow. It is about 7 o’clock and we would agree he is more than prepared will not impact wages, that will not still have a little more work to do on to be a Federal district judge, and I am make unemployment go up, goes be- other issues. grateful that the Senate confirmed yond all common sense. The PRESIDING OFFICER. The Sen- him. Dr. Borjas at Harvard has absolutely ator from Pennsylvania. Finally, Judge Restrepo has also proven through peer-reviewed research LUIS RESTREPO CONFIRMATION served on the board of governors of the that that is exactly what is going to Mr. CASEY. Madam President, I rise Philadelphia Bar Association and is a happen. Wages go down, as they have this evening to make some brief com- past president of the Hispanic Bar As- been going down, and unemployment ments regarding a judicial nominee we sociation of Pennsylvania. will go up. So this report confirms voted on yesterday—one of two—Judge So for all those reasons and more, I that. Luis Restrepo from Philadelphia, from believe he is not only ready to be a I will read some of the things that the southeastern corner of Pennsyl- Federal judge, but I am also here to ex- are in it. vania. press gratitude for his confirmation I am on page 7 of ‘‘The Economic Im- I rise tonight because my train was and for the vote in the Senate. pact of S. 744, the Border Security, late last night so I was not able to As we consider immigration reform, Economic Opportunity, and Immigra- make some comments about his nomi- we should be ever inspired by the sto- tion Modernization Act.’’ nation, his qualifications, prior to the ries we hear from not only judges who S. 744 would allow significantly more vote. But I was honored that he re- are nominated and confirmed here, but workers with low skills and with high skills ceived the vote of the Senate last others as well who come to this coun- to enter the United States—. . . . night. try, who work hard, who learn a lot, No doubt about that. They say it is a I also rise because it is timely in an- and want to give back to their country move to merit-based immigration. But other way because we are considering by way of public service. Judge it is not a move to merit-based immi- immigration reform. I was on the floor Restrepo, this week, and Judge gration. It increases low-skill workers last week talking about yet another ju- Quinones, last week, are two fine ex- substantially, as well as increasing dicial nominee from Pennsylvania— amples of that. other workers.

VerDate Mar 15 2010 01:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.061 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4572 CONGRESSIONAL RECORD — SENATE June 18, 2013 Taking into account all of those flows of mendorf, the Director of the Office of a lot of people think. We need to be new immigrants, CBO and JCT [Joint Tax] Management and Budget, who wrote saving these programs, not weakening expect that a greater number of immigrants this said it was double counting the them. with lower skills than with higher skills money. You cannot use the same would be added to the workforce. . . . So in the short run you get this bub- money to fund ObamaCare and use that In other words, another group com- ble effect. You get an extra group of same money to strengthen Medicare. money. Since a lot of the workers are ing in, more lower skilled than higher How simple is that? skilled, just as I indicated and other younger, it will look good on the budg- We are talking about hundreds of bil- et for 10 years. It looks good on the commentators have indicated pre- lions of dollars in double counting of viously. budget for 10 years, but this is not the money. That is what is happening money to be spent by the government. The report said this: in here. Look at this report. Impact on Slightly pushing down the average wage of This is money that is dedicated to the deficit over the 10-year period, 2014 their retirement and will be drawn out the labor force as a whole. to 2023, the budget deficit would in- Pushing down the wage of the labor force by these individuals when they go into crease by $14.2 billion. The debt would as a whole. But they go on to say this. Get retirement. this. The next sentence: increase by $14.2 billion. But then they However, CBO and Joint Tax expect that say the off-budget money would de- So I would suggest that this 10-year currently unauthorized workers—— crease the deficit by $211 billion. score, 2014 through 2023, shows that the Illegal workers, in other words—— My colleague, Senator SCHUMER, said real impact is a $14.2 billion dollar re- who attain legal status under 744 will see an this is all great. We have a big surplus duction—increase in the deficit of the increase in their wages. now. We have $200 billion in the off- United States over 10 years in the gen- So I think this underestimates, if budget account. But what is that eral fund account. The off-budget sec- you read the report carefully, the ad- money? tion says it reduces the deficit by $200 verse impact that the flow of workers What is that money? That is the pay- billion. But that money is utilized—it will have on the wages of American roll taxes. That is your Social Security has to be in the trust fund to be uti- workers and lawful immigrants who payment and your Medicare payment. lized for future payments to these indi- are here today. But at any rate, it is When more of the illegal aliens come in viduals when they retire. It is not clear that is so. and get a Social Security number and money we can account for. It goes on to say this, dramatically, pay Social Security and Medicare, the The mixing of these two matters is I suggest: money comes into the government. All one of the most dramatic ways this The average wage would be lower than right? But is it free to be spent on country has gotten itself into an un- under current law over the first dozen years. bridges and roads and aircraft and sala- sound financial course. We have double CBO estimates that it would increase unem- ries for Congressmen and Senators? No. counted this money repeatedly. We ployment for at least 7 years. This is money that is dedicated to have money coming in to Social Secu- So this is supposed to be good for the Social Security and Medicare. This is rity and Medicare and we spend it im- people we represent? Of course, I would the trust fund money that goes to So- mediately. We pretend it is still there like to ask our colleagues to think cial Security and Medicare. Yes, when to pay for someone’s retirement. This carefully about our duty. Who is it we people are legalized, they will pay is going to be the same except it is represent in this body? What kind of more Social Security and Medicare guaranteed to be a financial loser over responsibilities do we have to decent, taxes on their payroll, but it is going the long run. hard-working Americans who experts to that fund to pay for their retirement Again, I know Senator SANDERS has have told us have seen their wages de- and their health care when they retire. talked about this, my colleague from cline every year, virtually, since 1999. You cannot use that money. You can- Vermont. In a free market world, when Wages have declined by as much as 8 not spend the money today and pretend you bring in more labor, the wages go percent since 2009 for a number of rea- it is going to be there to pay for their down. I think CBO is probably under- sons. One of the reasons, according to retirement when they retire. estimating this, frankly. Professor They are going to pay into Medicare. Professor Borjas, is that immigration Borjas at Harvard, his numbers look They are going to pay into Social Secu- is already pulling down wages by as more grim than these. But this is what rity. They are going to draw out Social much as 40 percent. So this will add to they came up with. They have been Security and Medicare when they reach the problem. trying to do guesswork and tell the the right age. What we know is, as Mr. This report said, quite clearly, un- truth the best they can, but they are Elmendorf indicates, as I have said re- equivocally, it is going to increase un- getting a lot of pressure from the other peatedly, most of these individuals are employment, and it is going to pull side. down wages. That is exactly the wrong lower income, lower skilled workers. A lot of Members here seem to think thing that ought to be happening at Therefore, what we know is in that re- we can just bring in millions of people this time. How in the world can we jus- gard, the lower skilled workers who and those millions of people will some- tify passing a bill that hammers the pay into Social Security and Medicare how create more revenue. We are going American working man and woman take out more than they pay in. So to be like Jack Kemp. You know, ev- who is out trying to feed a family, get this is not going to be positive, it erything is wonderful. It is just going a job, that has a little retirement, a seems to me, particularly when you ac- to grow. But we have to be prudent. We little health care, some money to be count for the fact that a lot of people have to be responsible. What we know able to take care of the family, and have scored this, but they have not is that since at least 1999, the wages of hammer them with additional adverse scored it from the fact that most of the average American people have not kept economic impacts? workers who will be paying Medicare I suggest to you this is not a report and Social Security are lower income up with inflation. That means those that in any way justifies advancing workers and they will be paying the wages are on a net serious decline. this legislation. Let me just take a mo- lower rates. Not a huge difference, but Professor Borjas says it declined by 8 ment. I wrestle with these numbers. I it is a difference. percent. That is very real. My Demo- see the Presiding Officer who is on the So I would contend, I think, without cratic colleagues used to be very crit- Budget Committee understands these fear of serious contradiction, although ical when it was President Bush be- numbers. They say it pays down the I expect political contradiction, that cause it was all his fault that wages deficit. Let me show you what it really the off-budget money is your Medicare were not keeping up with inflation, says. This is the way they double and Social Security money. See, you people were being hurt. So now they do counted the money to justify paid into that. The government, if it not talk about that anymore. If they ObamaCare. takes and spends it, does not have any- do, they blame it on President Bush Basically, they created, through cuts thing now to pay your Social Security even though he has been gone 5 or 6 in Medicare, savings and they length- and your Medicare benefits when you years. ened the life of Medicare, but they get old. We know it is already actuari- The reality is, I came to believe there claim they used that same money to ally unsound. Those programs are in is truth to this. It is not just a tem- fund ObamaCare. At one point, Mr. El- danger of defaulting a lot sooner than porary cyclical thing that workers’

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.063 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4573 wages have not been keeping up. I plan that somehow is going to fix ev- sleeping bags, and they waited in line think it is something deeper than that. erything. We will just bring in more for days to be able to get a job as an el- I think it is several things. Businesses people. evator repair person. We have people are getting very intent on reducing the We had a Senator today say that it is saying these are jobs Americans won’t number of employees they have to going to increase wages. How can that do. That Americans won’t work, and produce certain products and widgets. be? What economic study shows that? that’s why we need more labor. They are getting far more efficient. So Not any, to my knowledge. CBO says— Well, I always cut my own grass we are making more widgets with less wages are going to fall. Unemployment when I am home, but I am up here a people. is going to go up, and it is not going to lot, so there is a group that comes and If you go into plants like I do, you fix our deficit either. cuts my grass in Mobile. These were see these incredible robotics where you I feel very strongly that we have to two African-American gentlemen in get dramatic improvements of produc- put on a realistic hat. We are going to their 40’s. They came out, did a great tivity for widgets with less people. This have to ask ourselves: Whom do we rep- job in the heat in Alabama, and took creates, in some ways, unemployment. resent? Are we representing a political care of my yard. Last month we had a moderate in- idea that is going to bring in more What is this—jobs Americans won’t crease in jobs in May, but there was an votes? Are we representing people who do? They want a job that has a retire- 8,000-job reduction in manufacturing. entered the country illegally? Are ment plan. They want a job that has The increase was in service industries those our first priority? Do we have some permanency to it. They want a like restaurants and bars and that kind any obligation to the people who fight job that has a decent wage. Americans of thing. The increase was also tem- our wars, raise our next generation of will work, and all hard work should be porary. So this is not healthy. You children, try to do the right thing, pay honored. have this unhealthy trend out there their taxes, want to be able to have a I will acknowledge that in seasonal when you bring in large amounts of decent job, a decent retirement plan, work, temporary work, certain cir- labor, a majority of which the CBO have a vacation every now and then, cumstances, we could develop a good says is low skilled, and you are ham- and have a health care plan they can migrant guest worker program that mering the American worker. afford? Don’t we owe them that? could serve this. Maybe in different times, if unemployment is low, we Further, Peter Kirsanow, one of the Shouldn’t that be our primary respon- could justify bringing in even more outstanding members of the U.S. Com- sibility right now? I think it is. I think workers than you would expect. But at mission on Civil Rights, along with that is our primary responsibility. Abigail Thernstrom, a brilliant lady One says: Well, don’t you care about a time of high unemployment, we have who has written on these matters over people who are here illegally? low participation in the workforce, and we ought to be careful about bringing the years, they wrote a letter recently I say: Yes, I care about them. I care in large amounts of labor that pleases that warned that passage of this bill about them deeply. rich businesses and manufacturing and will harm poor people in America, par- I think we can work on this situation agribusiness groups but doesn’t nec- ticularly African Americans. to not be in a position to say we are They said they had hearings on this going to deport all of those who are essarily protect the honest, decent, le- gitimate interests of American work- matter. They have had the best econo- here illegally. We can treat people ers. I think they are being forgotten mists come and testify. They studied compassionately. We are going to do the right thing about that. too often in this process. those reports. They say not a single I wanted to push back to that. This In the future, should we have a work one of the economists they dealt with report might look like it’s saying that flow every year in that doubles the denied that the wages would be pulled we are creating a service and we are re- amount of guest workers who come in down or unemployment would go up. ducing the debt. In one sense, on the That is what CBO told us today: Un- for the sole purpose of working and not on-budget analysis, the way we do our becoming an immigrant, and should we employment will go up, wages will go accounting around here, that impres- increase the annual legal flow of immi- down. We have good Republican col- sion is certainly created. It is a false grants from 1 million a year to 1.5 mil- leagues and they cannot conceive that impression, and it is that false under- lion a year, increasing it 50 percent? Is we are in such a circumstance. They standing of the reality of the on-budget that what good legislation would do? I just believe growth is always good, and and off-budget accounting of revenue if you bring in more people you will mean, how did this happen? to America that has gotten us fun- Thomas Sowell, a Hoover Institution have more growth. That is correct. damentally in the problem we are now scholar and economist at Stanford Uni- Let me tell you the brutal truth facing. based on the in-depth analysis by Pro- versity, says there are three interests Again, I repeat, the on-budget deficit, fessor Borjas at Harvard. He says the out here. One is the immigrants. They according to the CBO report, goes up prosperity, the growth enures to the win. This report says their salaries go over 10 years by $14 billion. It claims, benefit of the manufacturers, of the up. The other one is the politicians. though, that the deficit drops on the employers who use a lot of low-skilled They have it all figured out. They have off-budget. Remember, that money is labor. Their income will go up, but the written a bill that they think serves obligated. That is your withholding. average wage of the average working their political interests. The question That is your FICA. That is your Social person will go down. That is what large is, Who is representing the national in- Security, Medicare—withholdings on flows of immigration will do when terests? Who is representing the Amer- your paycheck. It goes up there, and it there is high unemployment. ican people’s interests? Were they in has been set aside for you, for your re- Peter Kirsanow, a member of the these rooms when the chamber of com- tirement, for your medical care when Civil Rights Commission, in his letter, merce was there, La Raza was there, you are elderly. It is not available for said that it is absolutely false that we the business groups, agricultural us to spend today willy-nilly. have a shortage of low-skilled labor. He groups, the labor unions and Mr. And we think we have now created a says we have a glut of low-skilled Trumka were there dividing up the pie, circumstance where billions of dollars labor. The facts show that. making sure their interests were pro- are being double-counted. Can you The number of people employed in tected? Who was defending the inter- imagine that? That is what we are the workforce today has reached the ests of the dutiful worker who is out doing in this country. We are counting level of the 1970s. That was before trying to find a job today? trillions of dollars—really double- women were going into the workplace. There was a report in the New York counting it. Money that comes in we As a percentage of the American popu- Times last week about an event in count in a unified budget as income to lation, the percentage of people who Queens. Apparently, there was a group the budget, but it is dedicated income. actually have a job today has been fall- of jobs that were going to be offered as We owe the people who paid it into ing steadily, and it has now hit the elevator repair personnel in New York. their Social Security check, their level of the 1970s. Now they are going The line started forming 5 days in ad- Medicare coverage. It is owed to them. to bring in all these masters of the uni- vance. People brought their tents, they What we know is that when you have verse, these geniuses who have this brought their food, they brought their particularly lower—well, the whole

VerDate Mar 15 2010 02:54 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.065 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4574 CONGRESSIONAL RECORD — SENATE June 18, 2013 program is unsustainable, but particu- MORNING BUSINESS Arnold Lee Watson has been building bird- larly the lower income workers pay in houses using old license plates as a roof, Mr. KAINE. Madam President, I ask then selling them to raise money for the less than they will eventually take out unanimous consent that the Senate over a lifetime. Adding all of these Veterans Program Trust Fund on behalf of proceed to a period of morning business the Letcher County Clerk’s Office. workers into the Social Security and with Senators permitted to speak for Watson, of McRoberts, is the father in-law Medicare system, where they pay in, up to 10 minutes each. of Letcher County Clerk Winston Meade. He will not place us on a sound path. The PRESIDING OFFICER (Ms. decided to begin building the unique and colorful birdhouses after Meade attended a Again, we need to be honest about HEITKAMP). Without objection, it is so ordered. meeting of the Kentucky County Clerks As- where we are. The numbers do not look sociation and brought home two similar good. This Congress needs to wrestle f birdhouses that were made elsewhere. with how to deal compassionately with TRIBUTE TO ARNOLD LEE WATSON Watson has made about 50 birdhouses so the people who have been here a long far and the clerk’s office has sold 19, with time. We need to do it in a right way, Mr. MCCONNELL. Madam President, proceeds going to the Help a Veteran Every- but we have a responsibility, a finan- I rise today to honor and pay tribute to day, or H.A.V.E. program. a selfless Kentuckian, Mr. Arnold Lee Meade said Watson, who has three brothers cial duty to the people who sent us who are veterans, donates the materials and here to manage their money wisely and Watson of Letcher County, KY. Watson voluntarily devotes his time and skills time used to make the birdhouses. not make our financial situation worse ‘‘He wanted to do something to help vet- than it is today. We have an obligation to raise money for the Veterans Pro- erans and this is his way to help,’’ said to try to figure out a way to reverse gram Trust Fund. Meade. Mr. Watson is the father-in-law of the steady, long-term trend of wage de- The birdhouses, which are being sold for Letcher County Clerk Winston Meade. $20 each, are made to resemble a mailbox and cline for millions of American workers. Together they have created a service have a painted wooden base with an old li- It needs to be getting better. What this that is becoming popular among many cense plate draped over the top. report says is that if this bill is passed, Kentucky counties. As license plates Depending on the specialty license plates this immigration bill is passed, it will obtained by Meade, the roofs of the bird- are dropped off in the Letcher County make the long-term wage situation of houses have different themes including na- office, Watson turns the old plates into Americans worse. How wrong a direc- ture, colleges, and volunteer fire fighting. pieces of art. Meade and Watson build tion could that be? Meade said the most popular style of bird- and sell license plate birdhouses state- house is made using an old University of Look, if we let the labor market get wide in an effort to raise money for Kentucky license plate. a little tighter, we are going to find veterans’ homes in eastern, central, Meade has traveled to several counties businesses that are willing to pay more and western Kentucky. looking for unique plates to use for making to get a good worker. That is the free Meade first saw these birdhouses more birdhouses. People can donate old market. These business guys don’t plates to the clerk’s office for the birdhouse after he purchased two at a meeting project. mind trying—Walmart seeks the very with the Kentucky County Clerks As- Selling license plate birdhouses is the lat- lowest priced product it can get, sociation. Mr. Watson is retired and est effort by Meade’s office to raise money whether it is China or the United saw that he could spend time making for the H.A.V.E. program. All money raised States. They are ruthless about it. It is birdhouses to raise money for H.A.V.E, through H.A.V.E., created by the Kentucky free market, we say. We value it. OK, or Help A Veteran Everyday. His inter- County Clerk’s Association, goes to the Ken- we support free market. But if there is est in helping veterans is inspired by tucky Veterans Program Trust Fund. The a labor shortage, why shouldn’t the la- trust fund, established by the Kentucky Gen- his brothers, all who have served our eral Assembly in 1988, helps support projects boring man be able to get a little high- country. and programs for Kentucky veterans. er wage for a change around here? This Help a Veteran Everyday, or H.A.V.E, The Homeless Veterans Transitional large flow of immigration will impact, is a program that was adopted in 2005 Treatment program in Lexington was estab- adversely, their ability to find a job— by the County Clerks of Kentucky. lished with funds from the trust. Money from unemployment will go up, according to Across the Commonwealth, counties the fund was also used to purchase 10 vans the report—and we’ll get a decrease in are taking actions to collect donations for the Disabled American Veterans organi- wages. for the organization which helps ensure zation, to purchase land for a state veterans cemetery, and to enhance state veterans’ I yield the floor. that Kentucky’s 339,000 veterans are nursing homes. provided for. ∑ ‘‘Every penny is spent on the veterans,’’ Mr. INHOFE. Madam President, I ask unanimous consent that an ar- said Meade. ‘‘None of it is spent on salaries today I would like to indicate support ticle from a local publication extolling or anything like that.’’ for two amendments I cosponsored and the work of Mr. Watson be printed in Meade was named 2008 clerk of the year for were introduced by Senator THUNE and the RECORD. Since this article was pub- the H.A.V.E. program for his efforts of rais- Senator VITTER. ing money for the program. lished, Watson has built more than ‘‘This county has raised more money for The first is amendment No. 1197 in- 7,000 birdhouses and raised $140,000 in the H.A.V.E. fund than any other county in troduced by Senator THUNE. Border se- proceeds for Kentucky veterans. In ad- the state,’’ said Meade. ‘‘I was real honored curity should be the number one pri- dition, he placed third in an arts-and- to receive this. I give the girls in the office ority in any immigration discussion, crafts competition at the Kentucky the credit for the funds they have raised for and building this fence which is al- State Fair in 2010. H.A.V.E.’’ ready required by law will help in that Mr. Arnold Lee Watson’s dedication The clerk’s office hosted a golf scramble at and hard work not only helped Letcher Raven Rock Golf Course in September in endeavor. which funds raised from the scramble were County raise the most funds across the The second is Amendment No. 1228 used to finance a Christmas party for the State, but also provided Kentucky vet- introduced by Senator VITTER. This re- East Kentucky Veterans’ Center in Hazard. quires that the biometric border check- erans with the support and benefits During that time, the center served seven in and check-out system be fully im- they deserve. residents from Letcher County. ‘‘He loves working on them,’’ Meade When people purchase the veterans’ spe- plemented prior to any legal status said of Watson in regard to building cialty license plate, $5 of the cost of the being granted to an illegal alien. Our the license plate birdhouses. plate goes into the H.A.V.E. fund. The national and economic security de- There being no objection, the mate- clerk’s office also welcomes cash donations to H.A.V.E. pends on us knowing who is in our rial was ordered to be printed in the country, and this amendment will help ‘‘This is one way to give back and to thank RECORD, as follows: achieve that goal. (veterans) for what they have done for us,’’ [From the Mountain Eagle, Jan. 21, 2009] said Meade. While I strongly disagree with grant- TURNING OLD PLATES INTO $$$ f ing amnesty to those who broke the (By Sally Barto) law, on the chance that this bill passes TRIBUTE TO MARK AND MICHELE If old newspapers can be used to line bird- PANOZZO I want to make sure that amendments cages, then old license plates can be used to like the two of these are included in build birdhouses—about five a day, in the Mr. DURBIN. Madam President, Eu- the final legislation.∑ case of one Letcher County man. nice Kennedy Shriver, founder of the

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.066 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4575 Special Olympics once said, ‘‘You are TRIBUTE TO PIER ODDONE comed to the laboratory. Fermilab’s the stars and the world is watching Mr. DURBIN. Madam President, next strong partnership with Illinois schools you. By your presence, you send a mes- month Piermaria Oddone will retire as and teachers helps achieve their shared sage to every village, every city, and the director of Fermi National Accel- goal of inspiring young people to learn every nation. A message of hope. A erator Laboratory in Batavia, IL, after more about particle physics, environ- message of victory.’’ 8 years of service in that position. Pier ment, ecology, and accelerator Today, I would like to recognize a fa- has led Fermilab through some chal- science—and ultimately encouraging ther and daughter who are sending lenging times, but he has also led the them to pursue careers in STEM fields. their own message of hope and victory lab to many remarkable achievements. In addition, Fermilab’s Tevatron par- Mark and Michele Panozzo from Rock- Pier was born in Peru and after earn- ticle collider laid the groundwork for ford, IL. ing degrees from Massachusetts Insti- the discovery of the Higgs particle last Last week, Michele Panozzo was rec- tute of Technology and Princeton Uni- year by developing the technologies ognized as the 2013 Outstanding Ath- versity, he worked at Caltech, Law- and analysis tools that helped confirm lete Award by the Special Olympics of rence Berkeley National Laboratory, evidence of the Higgs boson’s existence. Illinois. Earlier this year, Michele and and Stanford Linear Accelerator Cen- And though the Tevatron has ended Mark Panozzo were both recognized as ter. its extraordinary 28-year run, under the Northern Illinois Special Olympics Then in 2005, Pier and his wonderful Pier’s guidance Fermilab has main- Athlete and Coach of the Year. wife, Barbara, moved to Fermilab, giv- tained its position at the forefront of This father-daughter duo started scientific research by serving as the their involvement in the Special Olym- ing up the sunny west coast for cold Chicago winters. They arrived to 6,800- U.S. hub for more than 1,000 physicists pics more than 25 years ago when working at the Large Hadron Collider. Michele, who has Down syndrome, was acres of former farmland that Pier and the Fermilab team have worked to re- The laboratory contributed large 8 years old. Her first sport was basket- magnets and other components key to ball. Over the years she has competed store to its native prairie. The labora- tory maintains strong ties with the de- the construction of the Large Hadron in a variety of sports, including soft- Collider and its experiments. Pier even ball throw, bowling and bocce. scendants of the farm families that once worked the land where Fermilab created a control room at Fermilab so Her dad, Mark, has been by her side U.S. scientists can perform experi- as her coach the whole time. And it is now sits, and every summer the fami- ments at the Collider remotely. not just Michele who Mark helps. He is lies are invited to a picnic the lab hosts for the community. In his last year as director, Fermilab also the coach of the Rockford Red partnered with the State of Illinois to Hots, a team of 45 Special Olympics No other national lab director can boast of barns and a herd of bison. construct the Illinois Accelerator Re- athletes from the Rockford region. search Center, or I-ARC, which aims to Mark and Michele spend nearly every An avid photographer, Pier has spent accelerate the transition of tech- weekend with the Red Hots, whether at many weekends walking the lab’s nologies developed for particle physics a competition, a practice, or at social grounds trying to capture its natural beauty through the lens. This is one of research to other sectors of society. outings with teammates and their fam- I-ARC will also assist small busi- ilies. the things he has loved most about nesses as a test facility, providing Special Olympics is more than sports Fermilab. Whether raising bison or technical expertise in accelerator tech- and competitions to Mark and Michele. maintaining high-tech facilities, Pier It is a community that has welcomed has worked diligently to ensure that nology and serving as a training and befriended them. Mark says he Fermilab continues to attract some of ground for the next generation of ac- treasures Special Olympics because of the best scientists from around the celerator scientists and engineers. Beyond the lab’s accomplishments, the smiles he sees on Michele’s face world. after a competition, whether she won a And it does. Pier has been awarded many honors in gold medal or finished last. Mark still Today, Fermilab is America’s pre- his own right. He won the Panofsky proudly shows off a photo of the first mier particle physics laboratory, sup- Award of the American Physical Soci- time Michele competed in the Special porting thousands of scientists as they ety for the invention of the Asym- Olympics; she was just 8 years old, her solve the mysteries of matter, energy, metric B-Factory, a new kind of par- hair was in pigtails and her face was lit space, and time. ticle collider designed to study the dif- with excitement Fermilab’s mission is to drive dis- ference between matter and anti- Mark has worked for the U.S. Postal covery in particle physics by building matter. He is a fellow of the American Service for more than 30 years. Years and operating world-class accelerator Physical Society and the American ago he switched his schedule to work and detector facilities, performing pio- Academy of Arts and Sciences and is nights so he could pick up Michele neering research with global partners, an elected member of the National from school every day. Michele volun- and transforming technologies for Academy of Sciences. And, in case one teers 3 days a week delivering meals to science and industry. was not enough, he also holds an hon- home-bound seniors, helping at the It has often been said that physicists orary doctorate from the Illinois Insti- food pantry and sorting clothes at the build huge, complex machines to study tute of Technology. local donation center. the tiniest, most basic particles. Well, Needless to say, it is likely that In July of 1968, the first Special Fermilab physicists build facilities and Pier’s contributions to particle physics Olympics Summer Games were held at create new technologies to carry out and to Fermilab will continue to ben- Soldier Field in Chicago. Only one discovery science and contribute to efit Illinois and the international re- thousand athletes competed. Today, it America’s technology base. search community long after he retires is a growing, global movement in more During Pier’s tenure as director, next month. than 170 countries, serving nearly 3.5 Fermilab launched a new era of sci- When asked what he plans to do upon million athletes with intellectual dis- entific research focused on high-inten- his retirement, Pier talks about mak- abilities. In Illinois, Special Olympics sity particle beams through its cut- ing wine on the vineyard he and his is making a difference in the lives of ting-edge muon and neutrino experi- wife own in California. 21,000 athletes and nearly 40,000 volun- ments. At one point he even thought of this teers and by organizing 170 competi- Fermilab also pushed forward the as a field of research at Fermilab. He tions each year. world’s understanding of the dark mat- would try planting grapevines at the I join the Special Olympics of Illinois ter and dark energy that constitute 96 lab, hoping that the heat from the in commending Michele and Mark percent of the universe with its leader- beam lines would keep the vines warm Panozzo for their dedication to Special ship roles in the Sloan Digital Sky enough to survive the winters. This Olympics. I am sure that Eunice Ken- Survey and the state-of-the-art Dark way, the lab could make wine while nedy Shriver would be proud of what Energy Camera. unlocking the mysteries of the uni- Michele and Mark have contributed to While this work was advancing, more verse. It might not be a bad idea, but the Special Olympics community, and I than 100,000 students, from kinder- unfortunately he never had any time to am too. garten through high school, were wel- test the experiment.

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.068 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4576 CONGRESSIONAL RECORD — SENATE June 18, 2013 Now, after 8 years as director, Pier’s collateral for a $150,000 loan is mad- SBA for a loan of less than $200,000 to wine-making skills may be a little dening especially when other repay- make immediate repairs or secure rusty, but I am sure he will be back to ment options are available. One can working capital, they can be assured harvesting his Cabernet and Zinfandel understand that requirement for loans that they will not have to put up their grapes in no time. And I am also sure of $750,000 or $2 million. For the small- personal home if SBA determines that that Pier and Barbara will find more er disaster loans, however, it is a non- the business has other assets to go to- time to spend with their 2-year-old starter for many businesses we have wards the loan. However, if businesses granddaughter and the rest of their heard from. The bill requires the SBA seek larger loans than $200,000 or if family. to seek other business assets—such as their business assets are not suitable On behalf of the people of Illinois and commercial real estate, equipment, or collateral, then the current require- the global community of particle inventory—before requiring a primary ments will still apply. This ensures physicists, I thank Pier for his 8 dedi- residence be used as collateral. that very small businesses and busi- cated years at Fermilab and congratu- I want to reiterate that Section 2 is nesses seeking smaller amounts of re- late him on his successful career. I very clear that these business assets covery loans are able to secure these wish him all the best in his retirement. should be of equal or greater value loans without significant burdens on f than the amount of the loan. Also, to their personal property. For the busi- ensure that this is a targeted improve- ness owners we have spoken to, this SMALL BUSINESS DISASTER ment, the bill also includes additional provides some badly needed clarity to REFORM ACT language that this bill in no way re- one of the Federal government’s pri- Ms. LANDRIEU. Madam President, I quires SBA to reduce the amount or mary tools for responding to disasters. come to speak on S. 415, the ‘‘Small quality of collateral it seeks on these Business Disaster Reform Act of 2013.’’ types of loans. I want to especially To be clear though, while I do not As Chair of the Senate Committee on thank my former Ranking Member want to see SBA tie up too much of a Small Business and Entrepreneurship, Olympia Snowe for working with me to business’ collateral, I also believe that as well as a senator from a state hard improve upon previous legislation on if a business is willing and able to put hit by disasters, I am proud that yes- this particular issue. The provision up business assets towards its disaster terday our committee reported out S. that I am re-introducing, as part of loan, SBA should consider that first be- 415 favorably on a bipartisan basis. In this disaster legislation, is a direct re- fore attempting to bring in personal particular, Section 2 of S. 415 modifies sult of discussions with both her and residences. It is unreasonable for SBA the SBA requirement that borrowers other stakeholders late last year. I be- to ask business owners operating in must use their personal home as collat- lieve that this bill is better because of very different business environments eral for business disaster loans less improvements that came out these pro- post-disaster to jeopardize not just than $200,000. This is a very important ductive discussions. their business but also their home. provision for businesses impacted by Furthermore, SBA has repeatedly Loans of $200,000 or less are also the natural and manmade disasters. For said publicly and in testimony before loans most likely to be repaid by the that reason, I want to provide addi- my committee that it will not decline business so personal homes should be tional information on the need to enact a borrower for a lack of collateral. Ac- collateral of last resort in instances this provision. cording to a July 14, 2010 correspond- where a business can demonstrate the In terms of the legislative history of ence between SBA and my office, the ability to repay the loan and that it Section 2, a similar provision passed agency notes that ‘‘SBA is an aggres- has other assets. the House of Representatives twice in sive lender and its credit thresholds are As I have mentioned, there are also 2009: on October 29, 2009 by a vote of well below traditional bank standards safeguards in the provision that en- 389–32 as Section 801 of H.R. 3854 and . . . SBA does not decline loans for in- sures that this provision will not re- again by voice vote on November 6, 2009 sufficient collateral.’’ SBA’s current duce the quality of collateral required as Section 2 of H.R. 3743. The same pro- practice of making loans is based upon by SBA for these disaster loans nor vision that is in S. 415 passed the Sen- an individual/business demonstrating will it reduce the quality of the SBA’s ate 62–32 on December 28, 2012 as Sec- the ability to repay and income. The general collateral requirements. These tion 501 of H.R. 1, the Hurricane Sandy agency declines borrowers for an in- changes will assist the SBA in cutting Supplemental. However, it was not in- ability to repay the loan. In regards to down on waste, fraud and abuse of cluded in H.R. 152, the House-passed collateral, SBA follows traditional these legislative reforms. In order to ‘‘Disaster Relief Appropriations Act’’ lending practices that seek the ‘‘best further assist the SBA, I believe it is that subsequently was enacted into available collateral.’’ Collateral is re- important to clarify what types of law. Despite the setback earlier this quired for physical loans over $14,000 business assets we understand they year, I remind my colleagues that this and Economic Injury Disaster Loans, should review. For example, I under- provision has a history of bipartisan EIDL, loans over $5,000. SBA takes real stand that SBA’s current lending prac- Congressional support and has pre- estate as collateral when it is avail- tices consider the following business viously passed both chambers of Con- able, but as I stated, the agency will assets as suitable collateral: commer- gress. not decline a loan for lack of collat- This Congress, we also have signifi- eral. Instead it requires borrowers to cial real estate; machinery and equip- cant bipartisan support. S. 415 has six pledge what is available. However, in ment; business inventory; and fur- niture and fixtures. cosponsors: Senators THAD COCHRAN, practice, SBA is requiring borrowers to ROGER WICKER, HEIDI HEITKAMP, put up a personal residence worth At our markup of S. 415 yesterday, KIRSTEN GILLIBRAND, MARK PRYOR, and $300,000 or $400,000 for a business loan of there were concerns raised by some Mi- BEN CARDIN. The House companion to $200,000 or less when there are other as- nority members of our committee re- S. 415, H.R. 1974, was introduced by sets available for SBA. garding the impact of this provision. Representative PATRICK MURPHY last This provision does not substantively One argument was that SBA has not month and has 11 cosponsors: Reps. change SBA’s current lending practices seized many personal homes in the last MICK MULVANEY, JUDY CHU, MIKE COFF- and it will not have a significant cost. five years. However, the SBA has been MAN, TED DEUTCH, PETER KING, ALAN I believe that this legislation would more aggressive since 2011 on fore- NUNNELEE, DONALD M. PAYNE, Jr., not trigger direct spending nor would closures—sending out 113 foreclosure CEDRIC RICHMOND, TOM COLE, TREY it have a significant impact on the sub- letters since then. This year alone they RADEL, and FREDERICA WILSON. sidy rate for SBA disaster loans. Cur- have seized 4 homes in Minnesota, Vir- While I understand the need to secure rently for every $1 loaned out, it costs ginia, Illinois, and Texas. Furthermore, the loans and minimize risk to the tax- approximately 10 cents on the dollar. borrowers my office has spoken to are payers; SBA has at its disposal mul- Most importantly, this bill will greatly less concerned about a personal home tiple ways to secure these loans. If improve the SBA disaster loan pro- being seized than they are about liens business owners have literally lost ev- grams for businesses ahead of future tying up personal property and the erything, requiring a $400,000 home as disasters. If a business comes to the general roadblock this requirement

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.038 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4577 sets up in applying for SBA disaster as- with collateral equivalent to 100 per- the parents’ home had not been re- sistance. This requirement is discour- cent equity of the loan. Section 2 also quired when sufficient collateral ex- aging successful businesses from apply- explicitly provides that nothing in the isted with the business. ing to SBA and causing current appli- Section can be construed to require the Another business impacted by this cants to withdraw their applications. Administrator to reduce the amount of burdensome requirement is Water As of May 2013, 35 percent of Sandy collateral required to secure the loan.’’ Street Bistro in Madisonville, LA. business applications were withdrawn, Again, if the business does not have Water Street Bistro is a small family- most citing burdensome lending re- sufficient business assets or the SBA owned restaurant overlooking the sail quirements like this as the main fac- deems them risky, Section 2 does not boats on the Tchefuncte River just tor. change their ability to not make the across the street. Tony Monroe and his Also, it is my understanding that an- loan. wife Constance have owned their busi- other concern that has been cited was In closing, I would like to note that ness for 9 years and have about 9 em- that business equipment depreciates Section 2 addresses a key issue that is ployees. Monroe started his culinary over time so this is a riskier asset for serving as a roadblock to business own- career at Cafe´ Sbisa in New Orleans the Federal government than a per- ers interested in applying for smaller and then went to Colorado before re- sonal home. This argument, however, SBA disaster loans. After the multiple turning to the place he was born and is false. As it relates to equipment, the disasters that hit the Gulf Coast, my raised. SBA factors in depreciation when con- staff has consistently heard from busi- Fortunately, after Hurricane sidering collateral from potential bor- ness owners, discouraged from applying Katrina, the Monroe’s escaped damage rowers. They value equipment or in- for SBA disaster loans. When we have to their restaurant and did not need to ventory significantly less than real es- inquired further on the main reasons apply for SBA assistance. However, tate, due to depreciation. If equipment behind this hesitation, the top concern this was not the case following Hurri- is not deemed a suitable asset to related to SBA requiring business own- cane Isaac. Hurricane Isaac brought 6 collateralize the loan, SBA will not ers to put up their personal home as to 10 inches of water into their res- take it. Also, Section 2 still allows collateral for smaller SBA disaster taurant which caused them to close SBA to determine the appropriate busi- loans for their business. So let me pro- their business for 3 weeks. The ness asset if not the home. It is not vide you with two examples of busi- Monroe’s had to start all over and buy specific to equipment. Other assets the nesses impacted by this requirement. all new food and replace equipment, SBA could consider include commer- The first example is LiemCo, a Long such as refrigerators, which cost cial real estate; machinery and equip- Island, NY specialty beverage repair around $30,000. In addition to the phys- ment; business inventory; and fur- service with 15 employees. Think of ical damage to their property, the niture and fixtures. ‘‘Starbucks″-type espresso machines in Monroe’s could not pay their staff dur- Yet another concern that was raised restaurants and coffee shops—LiemCo ing this time. was that, in utilizing business assets fixes them. The company is family- Mr. and Mrs. Monroe’s biggest con- instead of personal homes, this makes owned and the son of the owners, cern in applying to the SBA was the it tougher for SBA to recover funds in Dominic Chieco runs it. His parents are collateral requirement. SBA required the event of a default. As I previously still partial owners and he pays them a them to pledge their family home for a mentioned, the SBA factors in depre- quarterly draw which serves as their loan of around $40,000 to $45,000. Once ciation and potential recovery in the retirement income. Ownership is being they found out the requirement for event of a default when considering gradually transferred to Dominic. pledging primary residence was firm, collateral from potential borrowers. Prior to Hurricane Sandy, they did the Monroe’s decided not to pursue the SBA will not make a loan if it deems everything right. Dominic moved his loan. The Monroe’s are in their 60’s and the business assets being offered will be vehicles to higher ground; loaded key could not imagine using their home— difficult to recover or that it does not inventory in the trucks—inventory valued around $200,000 to $250,000—as have sufficient value to collateralize with high value or long delivery times; collateral. They ended up doing all of the loan. Also, again the bill does not raised items to 6 feet above the floor; the repairs, for the restaurant, on their prohibit homes outright nor require purchased extra gas; and withdrew own because they could not afford to business assets as collateral. It strikes $5,000 in cash in case electricity went pay for these services. a delicate balance to instead require out at the banks. According to their I thank the Chair and I ask unani- the SBA to review if suitable business local Small Business Development Cen- mous consent that a copy of the April assets are available before using a per- ter, SBDC, they are well run and these 1, 2013, letter from the SBA Inspector sonal home. If business assets are suffi- preparations show that. General and other letters of support for cient, SBA can use them. If business Despite that, Hurricane Sandy flood- S. 415 be printed in the RECORD. assets are not sufficient and the bor- ed his building about 4 to 5 feet. The There being no objection, the mate- rower is unwilling to put up their water went down after a couple of days rial was ordered to be printed in the home, the SBA will not make the loan. but power was out for 3 weeks. The day RECORD, as follows: Lastly, it was also put forward that after it came back on, a Nor’easter U.S. SMALL BUSINESS ADMINISTRA- that if Congress allows business assets snow storm knocked out power for an- TION, OFFICE OF INSPECTOR GEN- to be used as collateral instead of other week and a half. This caused ERAL, homes, this increases the likelihood of physical property damages of more Washington, DC, April 1, 2013. defaults. Again, this argument is false. Hon. MARY L. LANDRIEU, than $250,000. Dominic kept employees Chair, Committee on Small Business and Entre- In an April 1, 2013 letter to my office, on payroll—full time—throughout re- preneurship, U.S. Senate, Washington, DC. the SBA Inspector General confirmed covery. He could not give them the cus- DEAR CHAIR LANDRIEU: Thank you for your that there are no findings relative to tomary Christmas bonus but once they March 20, 2013 letter regarding S. 415, the business assets increasing defaults. The re-opened after Christmas, he gave 1 Small Business Disaster Reform Act of 2013. Inspector General wrote that it has employee their bonus each week. The U.S. Small Business Administration, Of- ‘‘. . . conducted numerous reviews of Dominic’s biggest concern was the fice of Inspector General (SBA, OIG) shares key aspects of the SBA Disaster Assist- collateral requirement from SBA. His the understanding articulated in your letter relative to the plain reading of Section 2 of ance Program; however, there are no building is valued at $1.2 million and S. 415. In context of the potential concerns specific findings relative to the ‘type’ only carried a $150,000 mortgage. The brought to the attention of the Committee of collateral secured relative to dis- parents are still partial owners, so not- on Small Business & Entrepreneurship, two aster assistance loans.’’ Furthermore, withstanding the value of the building, questions were posed to the OIG. the Inspector General also confirmed SBA still wanted a lien against the The OIG offers the following responses for that the SBA is still required to secure parents’ home for the guarantee for a your consideration: the loans and Section 2 does not $200,000 loan. This bothered them tre- Does Section 2 of S. 415 remove SBA’s ‘‘one-to-one’’ policy for securing loans? change that. The Inspector General mendously as it was their retirement Section 2 of S. 415 states, ‘‘. . . shall not wrote that ‘‘. . . Section 2 does not re- security. Much of this would have been require the owner of the small business con- move SBA’s policy for securing loans eliminated if the collateral position on cern to use the primary residence of the

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.069 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4578 CONGRESSIONAL RECORD — SENATE June 18, 2013 owner has other assets with a value equal to ida, from providing assistance to their col- targeted changing of the current collateral or greater than the amount of the loan that leagues. requirements that state a business owner could be used as collateral for the loan: Pro- Your proposed legislation amends that must place their home up as collateral in vided further, That nothing in the preceding SBDC geographic service restriction for the order to secure an SBA disaster business proviso may be construed to reduce the purposes of providing disaster support and loan of $200,000 or less. In times of crisis, af- amount of collateral required by the Admin- assistance. Our Association wholeheartedly fected business owners are understandably istrator in connection with a loan described endorses that change. Allowing SBDCs to reluctant to place their personal homes up as in the preceding proviso or to modify the share resources across state lines or other collateral in order to obtain a much needed standards used to evaluate the quality (rath- boundaries for the purpose of disaster recov- loan to rebuild their business. Consequently, er than the type) of such collateral’ . . .’’ ery is a common sense proposal, little dif- SBA loans put in place to help businesses re- According to SBA standard operating pro- ferent from utilities sharing linemen. In ad- build following a disaster go underutilized. cedures (SOP 50 30 7), SBA generally deems dition, we would like to note that this provi- As lawmakers, you have a responsibility to collateral is adequate if the equity is at least sion has been supported by the Senate Com- protect the taxpayer, which is why we under- 100 percent of the loan amount. As such, a mittee on Small Business and Entrepreneur- stand the need for posting collateral of equal plain reading of Section 2 does not remove ship twice in previous Congresses. or greater value to the amount of the loan. SBA’s policy for securing loans with collat- In addition, the ASBDC wishes to express The proposed targeted change that elimi- eral equivalent to 100 percent equity for the its support for your proposals to amend the nates the specific requirement of using a loan. Section 2 also explicitly provides that collateral requirements in the disaster loan home as collateral to guarantee a loan of nothing in the Section can be construed to program for loans under $200,000. SBDCs rou- $200,000 or less, and instead allowing business require the Administrator to reduce the tinely assist small business owners with assets to act as collateral, will promote amount of collateral required to secure the their applications for disaster loan assist- greater utilization of the loans. This is an loan. ance and have often faced clients with idea we can all get behind; one that will lead Does alternative collateral (i.e., to a busi- qualms about some of those requirements. to greater, faster economic recovery. ness owner’s primary personal residence) We share a common goal of putting small When disaster strikes, we should do every- that is equal to or exceeding the amount of business on the road to recovery after dis- thing in our power to bring the full resources a potential business disaster loan, as estab- aster strikes and getting capital flowing is a of the federal government to bear in the im- lished in Section 2 of S. 415, increase the key factor in meeting that goal. To that end, pacted community. This includes, most espe- likelihood of default? ASBDC supports your efforts to ease collat- cially, bringing in top experts who can im- The Office of Inspector General (OIG) has eral requirements and help improve the flow mediately begin helping businesses and local conducted numerous reviews of key aspects of disaster funds to small business appli- economies recover. The national network of of the SBA Disaster Assistance Program; cants. We believe your proposal to limit the over 1,100 Small Business Development Cen- however, there are no specific findings rel- use of personal homes as collateral on small- ters (SBDC) could be an excellent resource to ative to the ‘‘type’’ of collateral secured rel- er loans is consistent with the need to get stricken communities. Unfortunately, cur- ative to disaster assistance loans. OIG’s capital flowing to affected businesses and rent rules prevent SBDC’s from assisting work has found that SBA officials have not ease the stress on these businesses. We also their counterparts in other jurisdictions. For always adhered to established policies and agree that this change will not undermine example, those communities in the mid-At- procedures in managing the program, in- the underwriting standards of the disaster lantic and New England impacted by Sandy creasing the risk of default and subse- loan program. are not able to benefit from the enormous quently, of loss to the taxpayer. We have Thank you again for kind attention and amount of knowledge and experience in made numerous recommendations for correc- continuing support of small business. storm recovery held by SBDC’s in Florida tive action based on our work. Regardless of Sincerely, and the Gulf region. Certainly, we can all the type of collateral, SBA officials’ adher- C. E. ‘‘TEE ’’ ROWE, agree that disasters warrant an extraor- ence to established policy and procedures President/CEO, ASBDC. dinary response and that response must in- during loan origination, servicing, and if clude qualified expertise from all corners of necessary liquidation, decreases the risk of INTERNATIONAL ECONOMIC the federal government. default and loss to the taxpayer. DEVELOPMENT COUNCIL, Forty to sixty percent of small businesses The OIG appreciates your continued inter- Washington, DC, February 13, 2013. that close as a result of a disaster do not re- est in our work. Please do not hesitate to Hon. MARY L. LANDRIEU, open. This is an unacceptably high number. contact me if you have any questions or need Chair, Committee on Small Business and Entre- We would not accept that level of loss in additional information. preneurship, U.S. Senate. homes and we cannot accept that level of Sincerely, Hon. JAMES E. RISCH, loss in jobs; our communities cannot sustain PEGGY E. GUSTAFSON, Ranking Member, Committee on Small Business such losses and duty dictates we make cer- Inspector General. and Entrepreneurship, U.S. Senate, Wash- tain they don’t have to. By enacting com- ington, DC. mon sense legislation, like that which is ASSOCIATION OF SMALL BUSINESS DEAR SENATOR LANDRIEU AND SENATOR under consideration here, and freeing the DEVELOPMENT CENTERS, RISCH, On behalf of the International Eco- flow of capital and expertise, we are taking Burke, VA, February 10, 2013. nomic Development Council (IEDC), please concrete steps to give our small businesses Hon. MARY LANDRIEU, accept our appreciation for this opportunity and local economies the greatest chance to Chair, Committee on Small Business and Entre- to provide comments related to proposed recover. preneurship, U.S. Senate, Russell Senate changes to federal disaster assistance pro- IEDC is your partner in the work of job Building, Washington, DC. grams offered by the United States Small creation. We thank you for your leadership DEAR SENATOR LANDRIEU: Thank you for Business Administration (SBA). Your con- in support of small business and stand ready giving the Association of Small Business De- tinuing support of these critical programs is to offer our assistance in this and future ef- velopment Centers (ASBDC) the opportunity worthy of praise and we thank you for your forts. to comment on your proposed legislative leadership. Sincerely, amendments to the disaster assistance provi- IEDC has a strong history of supporting PAUL L. KRUTKO, sions in the Small Business Act (15 USC 631 disaster planning and recovery. Our organi- Chairman, Inter- et seq.). zation, with a membership of over 4,000 dedi- national Economic While Congress has taken a significant cated professionals, responded to commu- Development Coun- step in addressing the resource issues fol- nities in need following the 2005 hurricane cil, and President lowing Sandy and other disasters there are season, the BP Gulf oil spill and other dis- and CEO, Ann Arbor still restrictions in the SBDC assistance au- aster-related incidents by providing eco- SPARK. thority and the US Small Business Adminis- nomic development recovery assistance. We tration’s loan making authority that could have continued our work in this area NATIONAL EMERGENCY complicate future disaster recovery efforts. through technical assistance projects and MANAGEMENT ASSOCIATION, We applaud your efforts to deal with those partnerships with federal agencies and other Washington, DC, March 21, 2013. issues. non-governmental organizations. Our profes- Senator MARY LANDRIEU, Under section 21(b)(3) of the Small Busi- sion is invested in helping our country pre- Chairman, Senate Appropriations Subcommittee ness Act (15 USC 648(b)(3)) SBDCs are limited pare for and respond to disasters, much the on Homeland Security, U.S. Senate, Wash- in their ability to provide services across same as you and your colleagues on the Com- ington, DC. state lines. This prevents SBDCs dealing mittee on Small Business and Entrepreneur- DEAR SENATOR LANDRIEU, On behalf of the with disaster recovery, like New York and ship. To this end, we support proposed National Emergency Management Associa- New Jersey, from being able to draw upon changes that will allow SBA to more effec- tion (NEMA), I write you today in support of the resources available in our nationwide tively deliver disaster recovery assistance to the Small Business Disaster Reform Act of network of nearly 1,000 centers with over local businesses in need of federal aid. 2013. NEMA is comprised of the emergency 4,500 business advisors. It likewise prevents Rebuilding the local economy must be a management directors from the states, the states with great experience in disaster re- top priority following a disaster, second only U.S. territories, and the District of Colum- covery assistance like Louisiana and Flor- to saving lives and homes. IEDC supports the bia.

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.045 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4579 While not a traditional ‘‘first responder’’ from a disaster. By clarifying that the U.S. loans with available business assets of equal agency, the US Small Business Administra- Small Business Administration (SBA) shall or greater value before requiring the busi- tion (SBA) is a critical partner to States and not use a small business owner’s primary ness owner to put up his or her personal localities affected by a wide variety of disas- residence as collateral for disaster business home. In a time of crisis, every possible ters. Following a disaster, SBA has the capa- loans less than $200,000 and authorizing the measure should be taken to avoid business bility to mobilize staff from the Office of SBA Administrator to allow out-of-state owners having to put their families at fur- Disaster Assistance to begin disseminating small business development centers (SBDCs) ther risk. This reform would reduce pressure public information about what services SBA to provide much-needed assistance in Presi- on affected business owners and increase uti- can provide to supplement many long-term dentially-declared disaster areas, this bill lization of the SBA disaster loan program, federal recovery programs. While the Federal will let small businesses do what they do while still providing necessary protections to Emergency Management Association best, create jobs and energize the economy. the government in the event of default. (FEMA) is often thought of as the primary The importance of reforming and enhanc- Small Business Development Centers, agency for disaster assistance, there are ing federal programs to maximize their ben- SBDCs, have also played a critical role in many unique situations where SBA loans can efit to small businesses and entrepreneurs is helping businesses recover following disas- be utilized in creative ways to assist citizens certainly recognized by the membership of ters. However, under current law, SBDCs can in need. NEMA agrees that the SBA needs to NSBA, and we greatly appreciate common- only assist businesses in their prescribed ge- be equipped with the flexibility and author- sense, bipartisan reform measures like the ographic region, even though often times ity to adequately assist disaster victims and Small Business Disaster Reform Act, espe- after major disasters like hurricanes, SBDCs we believe this legislation accomplishes such cially when they come at no cost to the are affected right along with businesses. Fol- an objective. American taxpayer. lowing a Presidential declaration of a dis- The images of homes and businesses af- On behalf of the NSBA and our over 65,000 aster, effected regions need aid quickly and fected by flooding and wind damage fol- members across the country, I would like to SBDCs in surrounding regions, including lowing Hurricane Irene and Tropical Storm thank you and the cosponsors of this legisla- across state lines, should be able to help Lee painted a devastating picture in Sep- tion for your tireless efforts to promote eco- neighboring effected regions. This bill would tember 2011. In New York State alone, the nomic development and for your endless sup- allow for that. SBA approved over $100 million in loans for port of small businesses impacted by disas- Small businesses are often disproportion- citizens affected by the storms. More re- ters. We look forward to working with you ately damaged by natural disasters due to cently, Hurricane Sandy reminded us of the and your staffs to help enact this critical loss of customer base, thin profit margins, critical role SBA has in the disaster commu- piece of legislation. diminished access to capital and difficulty nity. Ninety days after Hurricane Sandy Sincerely, with relocation. The reforms proposed would struck the Northeast, the SBA crossed the $1 TODD O. MCCRACKEN, help business owners take full advantage of billion threshold of approved loans to more President. available resources and accelerate their re- than 16,800 homeowners, renters and busi- covery by cutting bureaucratic red tape and nesses. This makes Hurricane Sandy, in MARCH 5, 2013. providing businesses with the tools needed to terms of SBA disaster lending, the third Hon. MARY LANDRIEU, resume normal business as quickly as pos- largest natural disaster in U.S. history, be- Chair, Committee on Small Business and Entre- sible—putting people back to work. hind Hurricanes Katrina/Rita/Wilma ($10.8 preneurship, U.S. Senate, Russell Senate We appreciate the Committee’s work on billion), and the Northridge Earthquake ($4 Office Building, Washington, DC. this critically important issue and urge the billion). Hon. JAMES RISCH, Senate to work together to deliver these The continued challenge of protecting the Ranking Member, Committee on Small Business much needed reforms. Thank you in advance nation from a variety of hazards within the and Entrepreneurship, U.S. Senate, Russell for your work towards strengthening the reality of fiscal uncertainty elevates the im- Senate Office Building, Washington, DC. economy. portance of cooperation throughout the DEAR CHAIR LANDRIEU AND RANKING MEM- Sincerely, emergency management community. BER RISCH: We write to you today in strong MICHAEL HECHT, Leveraging resources from across the federal support of the Small Business Disaster Re- President & CEO, family imperative following a disaster and form Act of 2013. Greater New Orleans, Inc. is Greater New Orle- the communication and outreach by essen- a regional economic development alliance ans, Inc. tial agencies is just the first step to commu- serving the 10-parish region of Southeast KATHRYN S. WYLDE, nity recovery. Positive relationships be- Louisiana. The Partnership for New York President & CEO, tween federal, state, and local government City is a nonprofit organization of the city’s Partnership for New stakeholders are the lynchpin to coordinated business leaders. We represent very different York City. recovery efforts that support resilient indi- regions of the country, but we are both viduals, prosperous businesses, and thriving strong contributors to the national economy ST. TAMMANY ECONOMIC economies. and we have been seriously impacted by nat- DEVELOPMENT FOUNDATION, NEMA believes SBA deserves adequate ural disasters that caused huge economic Mandeville, LA, February 19, 2013. flexibility. Legislation such as this helps damage. Hon. MARY LANDRIEU, achieve that end. We remain available as a The overall economic impact of Hurricane Chair, Committee on Small Business and Entre- resource for you and your staff as this effort Katrina was estimated to be $150B—the cost- preneurship, U.S. Senate, Russell Senate continues. Should you need any additional liest natural disaster in U.S. history. Simi- Building, Washington, DC. information or have questions regarding larly, the disruption and damage inflicted by DEAR SENATOR LANDRIEU: The St. Tam- NEMA’s policy positions, please do not hesi- Super Storm Sandy—the second costliest many Economic Development Foundation tate to contact Matt Cowles, Director of natural disaster—is estimated at over $80 bil- thanks you for the opportunity to comment Government Relations at (202) 624–5459. lion and resulted in daily loss of billions of on the proposed amendments to the disaster Sincerely, dollars in economic output, not only locally assistance provisions in the Small Business JOHN W. MADDEN, but across the country. The impact of these Act (15 US 6 31 et seq). As we learned from President, National storms has been particularly serious for Hurricanes Katrina, Rita and most recently Emergency Manage- small businesses, forcing some to close shop Isaac, the sooner our small businesses are ment Association, entirely and many to reduce services. The able to recover, the better it is for the re- Director, Alaska Di- Federal government has programs that were gion, the state and the nation. vision of Homeland intended to insure that small businesses and We fully endorse the proposed amendment Security and Emer- local economies can quickly recover from to Section 1 of the bill regarding collateral gency Management. such disasters, but in our experience these on business disaster loans. If approved, no programs are not working as effectively as longer would small business owners have to NATIONAL SMALL they should be and require legislative use their primary personal residence for col- BUSINESS ASSOCIATION, amendment. That is why we are very inter- lateral towards SBA disaster business loans Washington, DC, March 22, 2013. ested in prompt action on the Small Busi- less than $200,000 if other assets are available Hon. MARY LANDRIEU, ness Disaster Reform Act. of equal or greater value than the amount of U.S. Senate, Hart Senate Office Building, Here are some examples of what needs to the loan. In times of crisis, affected business Washington, DC. change: owners are understandably reluctant to Hon. THAD COCHRAN, Small business owners are currently re- place their personal homes up as collateral U.S. Senate, Dirksen Senate Office Building, quired by the Small Business Administration in order to obtain a much needed loan to re- Washington, DC. (SBA) to put up their primary residence as build their business. Allowing business as- DEAR SENATORS LANDRIEU AND COCHRAN: collateral for SBA disaster loans of less than sets to act as collateral will promote greater The National Small Business Association $200,000, even though the value of their home utilization of the loans; leading to faster eco- (NSBA) is pleased to support the bipartisan often exceeds the value of the loan. The nomic recovery. Small Business Disaster Reform Act of 2013 Small Business Disaster Reform Act of 2013 Under Section 2 of the bill, Small Business (S. 415), which will make it much easier on would put in place a common sense solution Development Centers (SBDCs) are limited in small businesses impacted by and recovering that requires the SBA to collateralize small their ability to provide services across state

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.050 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4580 CONGRESSIONAL RECORD — SENATE June 18, 2013 lines. This prevents SBDCs in affected areas tion office here locally, as this region re- fully appreciate all they had received from being able to draw upon the resources ceived fewer small business loans than any from their citizenship. Some of them available from their colleagues nationwide. other area of the country. Since opening the just did not realize how blessed they Louisiana SBDCs have great experience in U.S. Small Business Administration office were to be Americans. disaster recovery assistance and should not here in Mobile, small business loans have Here in the Senate, we begin each be prevented from providing assistance to risen significantly. their colleagues outside of Louisiana in the As it relates to disaster assistance, the session by joining together to recite event of disaster. Therefore, we fully support U.S. Small Business Administration office the Pledge of Allegiance. As we do, we this provision. here in Mobile was ‘‘on the ground’’ and very pledge our loyalty to our country, our We applaud your efforts to protect small helpful to area businesses in the aftermath determination to do everything we can businesses in the wake of disasters and of Hurricane Katrina and the December 2012 to make this a better place for us all to thank you for continuing to be a strong ad- tornados. live, and most specifically, we pledge vocate on their behalf. After all, small busi- The Mobile Area Chamber of Commerce’s our love and appreciation for this ‘‘one nesses are the lifeblood of our great nation. mission is to serve as a progressive advocate Nation, under God, with liberty and Sincerely, for business needs to promote the Mobile BRENDA BERTUS, area’s economic well-being. Our program justice for all.’’ Executive Director, St. structure and small business agenda reflect Over the years, our flags have in- Tammany Economic that as we offer disaster planning, survival spired works of art of all kinds, most Development Foun- and recovery workshops. Most all of these especially a song with a remarkable dation. training sessions were done in conjunction story behind its origin. Every Amer- with the local U.S. Small Business Adminis- ican knows what happened on that day CHARLESTON METRO tration office. when our young Nation was in the CHAMBER OF COMMERCE, Thank you for your hard work and leader- midst of a great war. We were fighting North Charleston, SC, March 21, 2013. ship, as we share the common goal of sup- for our very right to be free. As the Hon. MARY LANDRIEU, porting the small business community. We Chair, Committee on Small Business and Entre- appreciate the opportunity to show our sup- battle waged, a young man, Francis preneurship, U.S. Senate, Russell Senate port for your tremendous effort on behalf of Scott Key, mesmerized by the action of Building, Washington, DC. small businesses in the Mobile Bay region. the battle, suddenly caught sight of DEAR SENATOR LANDRIEU: As President and Sincerely, our Flag, still flying proudly over the CEO of the Charleston Metro Chamber of DARRELL W. RANDLE, fort in the midst of all the gunshot, Commerce, I would like to offer our support Vice President, flame and fire around him. The words of the Small Business Disaster Reform Act of Small Business Development. 2013. As the region’s largest private sector he wrote became another symbol of our organization, the Chamber represents more f Nation as he took up his pen to tell us about the sight. From where he stood than 1,750 businesses and represents more FLAG DAY than 75,000 employees in our region. Small he could see ‘‘the rocket’s red glare, businesses are the backbone of the American Mr. ENZI. Madam President, for the bombs bursting in air, which, gave economy and, not surprisingly, the Charles- Americans all across the country, June proof through the night, that our Flag ton Metro Chamber’s largest customer 14 is a very special day—Flag Day. On was still there’’—the same Flag that group. More than 80 percent of our members that day, we all join together to cele- still proudly flies ‘‘o’er the land of the employ 50 or fewer employees. brate our shared heritage and our his- Your committee’s proposed changes on the free and the home of the brave.’’ The collateral requirements and allowing small tory as a Nation as represented by our Flag that helped to inspire those words business development centers to work across American flag. is still on display, one of the most pop- state lines following disasters are necessary. We each have our own way of show- ular attractions at the Smithsonian In- Anything that can be done after a major dis- ing our respect and our great love for stitution just down the street from us. aster to help speed-up the rebuilding efforts this symbol of our land. Down through On Flag Day, and every other day, I should be top priority. the years it has been given many would encourage all Americans to fly I want to commend you on your leadership names, from the Stars and Stripes to with this critical piece of legislation. Please their flag and to talk to their children let me know if our team can ever be of serv- Old Glory—to the Grand Old Flag that and grandchildren about the meaning ice to you or your committee. was memorialized in song. It has so of the flag and the history of our Na- BRYAN S. DERREBERRY, many names because of all that it rep- tion. The great gifts we have received President and CEO. resents. The story of our Flag reminds of ‘‘life, liberty and the pursuit of hap- us of all the sacrifices that have been piness’’ should never become just words MOBILE AREA CHAMBER OF COMMERCE, made over the years so that our Nation to us. They are our birthright as Amer- Mobile, AL, March 20, 2013. would always be strong and free. icans and they should encourage us to Hon. MARY LANDRIEU, Chair, Committee on Small Business and Entre- Each of us has our own favorite mem- continue to remember the sacrifices preneurship, U.S. Senate, Washington, DC. ory of the flag. There are some that we that have been made in our name. In a Hon. JAMES RISCH, recall from the pictures of the wars very real sense, Flag Day is a call to Ranking Member, Committee on Small Business that we have seen, or from our remem- express the great pride we feel for this and Entrepreneurship, U.S. Senate, Wash- brance of all the veterans who proudly country and those who served in our ington, DC fought, especially those who died in the Armed Forces—our great heroes of the DEAR SENATOR LANDRIEU AND SENATOR service of our Nation. Anyone who has past—and those who continue to serve RISCH: The Mobile Area Chamber of Com- seen a picture of the Marines raising merce would like to thank you for this op- our Nation all over the world—our he- portunity to voice our support of the pro- the American flag during the battle of roes of the present. posed changes to federal disaster assistance Iwo Jima will never forget that iconic I have often mentioned here on the program legislation as it relates to programs image. It held such meaning to us we floor what it means to me to be a offered by the U.S. Small Business Adminis- created a statue to memorialize that grandfather and the thrill of holding tration. We offer our support for two provi- moment. It stands just a short distance the next generation of your family in sions in the ‘‘Small Business Disaster Re- from the Capitol, a reminder to us all your arms. Well, my granddaughter form Act of 2013,’’ S–115. We support section that freedom is not free. It comes to us continues to share with us one of those 2 which modifies the collateral requirements at great cost. special moments we all need to experi- of Business Disaster Loans. We also support section 3 which authorizes the U.S. Small Although we celebrate our American ence so we do not forget the legacy we Business Administration to allow out-of- flag’s proudest moments on this day, have received from our citizenship. state small business development centers to we should also remember those days Every time she sees an American Flag provide assistance in Presidentially-declared when we did not treat the Stars and she pauses, looks at it with an under- disaster areas. Stripes so kindly. There were those standing that surpasses her years, and The Mobile Area Chamber has 2087 member who thought to use the flag to promote with a smile of pride and admiration, businesses, and ninety percent of these busi- their own agenda by burning it in the says ‘‘God bless America!’’ As she says nesses can be classified as small businesses. We have worked closely with the U.S. Small streets. Fortunately, those moments those special words she looks around at Business Administration office here in Mo- were few and far between and were usu- everyone near her, expecting them to bile for over five years. We petitioned heav- ally done by people who did not under- join her in expressing that sentiment— ily to get a U.S. Small Business Administra- stand the symbolism of the flag or which we do. She is only 2 years old

VerDate Mar 15 2010 03:39 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.051 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4581 and she is already learned to do that Among the heroes of that battle was Located in northern Wyoming, and all by herself—which makes her twos a young woman named Hannah Weston. nestled in the Big Horn Basin, Hot not so terrible after all. As the plans to seize the Margaretta Springs County is an incredible place Friday morning, as I reflected about were taking shape, this 17-year-old wife to live and work. Nearly 5,000 residents Flag Day I found myself reading the of militiaman Josiah Weston went reside in the communities of Kirby, words of Lloyd Ogilvie who served as house to house throughout the sparsely East Thermopolis, and Thermopolis, our Senate Chaplain for many, many settled region collecting gunpowder the county seat. The county boasts a years. In his book, One Quiet Moment, and shot, and lugging the heavy load wide range of recreational opportuni- he wrote ‘‘Thomas Jefferson inscribed through the wilderness to the front ties, and its residents share the beauty in his memorial God, who gave us life, lines. Today, the Hannah Weston Chap- of the Big Horn River, the Owl Creek gave us liberty. Can the liberties of a ter of the Daughters of the American Mountains, and the Wind River Canyon Nation be secure when we have re- Revolution keeps her memory alive. with visitors from around the country. moved a conviction that these liberties The Passamaquoddy gave Machias Hot Springs County has a storied are the gift of God?’’ more than a name. By 1777, the town past and a promising future. The coun- On Flag Day and throughout the had become a center of revolutionary ty is aptly named for the natural min- year, those are good words of advice to activity and the British sent an inva- eral hot springs in the area. For thou- consider and put into practice. We sion fleet to crush the rebellion. Some sands of years, Big Spring has produced must never forget that all we have re- 40 or 50 Passamaquoddy, led by Chief millions of gallons of mineral water at ceived from our citizenship ultimately Joseph Neeala, joined the militia and a constant temperature of 135 degrees comes from God. Then it is up to us to the invaders were turned back. Fahrenheit. Northern Arapahoe and share those great blessings with all Just outside of Machias stands Fort Eastern Shoshone Native Americans those we meet as we work together to O’Brien, one of just a few forts to have relied on the spiritual and physical make our Nation a better place not been active in the American Revolu- healing powers of the hot springs years only for us, but for our children and tion, the War of 1812, and the Civil War. before the first settlers arrived. In 1896, our grandchildren so they will never On the road to that historic site, on the under the guidance of Chief Washakie, lose their fondness and appreciation for banks of a small stream, there is a the tribal leaders transferred owner- this great land of ours. plaque that wonderfully describes the ship of the land surrounding the I can think of no better way to cele- spirit of this community. springs to the U.S. Government. The brate Flag Day than to join with my It was at that place in June of 1775, treaty opened the natural beauty of granddaughter in her recognition of when the Margaretta’s cannons threat- the area to the public to be enjoyed in the flag with an exuberant ‘‘God bless ened Machias, that the townspeople perpetuity. Today, this historic treaty America!’’ Yes! God bless America and met in open air to choose between a is celebrated every August with the God bless us all. May our future be as humiliating peace and a likely hopeless Gift of the Waters Pageant. This cele- blessed as our past. war. The words on the plaque tell the bration recreates the treaty ceremony f story: ‘‘After some hours of fruitless of 1896 and is a truly special attraction. discussion, Benjamin Foster, a man of In the past 100 years, Hot Springs MACHIAS, MAINE action rather than words, leaped across County has benefitted from a variety of Ms. COLLINS. Madam President. I this brook and called all those to fol- industries and has enjoyed great eco- rise today to commemorate the 250th low him who would, whatever the risk, nomic success. The county played a anniversary of the founding of stand by their countrymen and their key role in supplying oil to support the Machias, ME, a remarkable town on country’s cause. Almost to a man the war effort during World War II. The the Downeast Coast that exemplifies assembly followed and, without further communities of Grass Creek and Ham- the determination, resiliency, and formality, the settlement was com- ilton Dome were especially efficient courage of our Nation. It was there, in mitted to the Revolution.’’ producers of oil during this period. In 1775, just 12 years after the village was Today, that settlement is a thriving addition, a portion of the Burlington established, that the first naval battle community. Machias is the shiretown Northern and Santa Fe Railroad trav- of the American Revolution was fought of Washington County and, as the els through the county. The Railroad and won. home of the University of Maine at connects the State to important sup- The word ‘‘Machias’’ translates from Machias, it is a center for education plies and goods from around the coun- the language of the Passamaquoddy In- and the arts in the region. Located in try. dians as ‘‘bad little falls.’’ The rushing the heart of the blueberry industry, Tourism is arguably the county’s water where the Machias River plunges Machias hosts the Maine Wild Blue- most successful industry. In to the sea and the vast stands of virgin berry Festival, one of our State’s great Thermopolis, Hot Springs State Park pine drew the first settlers in 1763, who summer events. Beautifully restored attracts thousands of guests every built a successful sawmill and a thriv- Burnham Tavern, where the valiant year. Created from the land purchased ing community. militiamen met to plan their attack on in the Treaty of 1896, the Park provides In early June of 1775, word reached the Margaretta, is a National Historic year-round recreation opportunities, Machias of the Battles at Lexington Site, so designated for its significance including hiking, picnicking, and soak- and Concord in April, the first military in America’s independence. ing in the world-famous hot springs. engagements of the American Revolu- In his marvelous history of the town Just 20 miles away, folks can visit the tion. When two British cargo ships, es- published in 1904, George W. Drisko, a Legend Rock Petroglyph Site, which is corted by the warship Margaretta, ar- descendant of one of the heroes of the home to some to the best-preserved ex- rived at Machiasport to take on a ship- Revolution wrote this: ‘‘The pioneers amples of Dinwoody rock art in the ment of lumber to build barracks for of Machias believed in destiny. They world. The Wyoming Dinosaur Center British troops under siege in Boston, had faith in vitality. In their rough celebrates Wyoming’s incredibly rich they were met by patriots eager to join homes were courageous souls who be- natural history. It is one of the few the fight for freedom. lieved they had a future.’’ Those beliefs centers in the world that has an active On June 12, with the town under and that faith helped America achieve excavation site within driving dis- threat of bombardment if it did not co- the freedom we cherish today, and all tance. Visitors can see active dig sites, operate with the lumber shipment, a Americans congratulate the people of explore modern preparation labora- militia of 30 men under the command Machias on their 250th anniversary. tories, and admire dozens of fossilized of CPT Jeremiah O’Brien stormed the f dinosaurs and specimens. Folks in the Margaretta. Armed with muskets, county have done an incredible job of pitchforks, and axes, the militia cap- HOT SPRINGS COUNTY, WYOMING preserving the county’s rich history tured the warship and sailed it trium- Mr. BARRASSO. Madam President, and sharing with its visitors. phantly into harbor. The battle known it is my pleasure to honor the residents Hot Springs County is a very special as the ‘‘Lexington of the Seas’’ was a of Hot Springs County, WY as they cel- place to all of us in Wyoming. In addi- stunning American victory. ebrate their centennial. tion to being the hometown of my wife,

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.042 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4582 CONGRESSIONAL RECORD — SENATE June 18, 2013 Bobbi Brown Barrasso, Thermopolis is Though The Nehemian is a small 605 wins and 12 State titles. If we were also the hometown of former Wyoming company, they have learned to manage to ask him which one was sweeter—the Governor Dave Freudenthal. The fine their resources well and expand their first win or the last—I have a feeling folks of the county are incredible lead- products. Nancy Tyrrell’s business has he would tell us that they were all spe- ers and greatly contribute to the suc- achieved a reputation of quality, as cial because each one was made pos- cess of the entire State. well as that of a unique Idaho gem. I sible by a team of young men com- It is an honor to recognize the resi- would like to recognize The Nehemian mitted to winning and to each other. dents of Hot Springs County as they as an Idaho Small Business of the Day For my family, we will always re- celebrate their 100th anniversary. This based on their resiliency through hard member Coach Curry for the impact he year, the Hot Springs County Centen- times, their willingness to take a risk had on our son, Brad. He also touched nial Committee has planned a county- and their creative spirit. the rest of our family as we watched wide celebration on June 22nd to com- f the Camels play for and learn from a memorate this milestone. I invite my very strong, steady coach. For the colleagues to visit the communities of ADDITIONAL STATEMENTS community of Gillette, we will always Hot Springs County. The county’s rich remember the key role Coach Curry heritage, geological wonders, and gen- played in strengthening Gillette’s TRIBUTE TO MIKE CURRY uine cowboy hospitality provide a truly sense of community and increasing our wonderful experience to visitors from ∑ Mr. ENZI. Madam President, I wish sense of pride in our school and those all over the world. to take a moment of the Senate’s time who wore its colors. f to call your attention to the retire- Congratulations and good luck, ment of one of the true heroes of my Coach Curry. You did a great job and RECOGNIZING THE NEHEMIAN home town of Gillette, WY. For 30 you can now look back on your coach- Mr. RISCH. Madam President, during years our local basketball team, the ing career with the satisfaction that Small Business Week it is important to Camels, has been coached by one of the comes from a job well done. You can recognize the ingenuity of small busi- finest high school coaches of all time— also look ahead to some new adven- ness owners who take a leap of faith Mike Curry. tures as this chapter of your life comes and invest in an idea in order to make Mike has been doing a good job for so to a close and you begin a new one. God their dream of being an entrepreneur a long we thought he would be on the bless.∑ reality. I rise today to honor The bench on the Camels’ side of the court f Nehemian of Buhl, ID, a small business forever. That is why it took us all by TRIBUTE TO JOHN J. SWEENEY that has shown over the course of 25 surprise when Coach Curry decided to years in business that they can take retire from coaching at the end of this ∑ Mr. CARDIN. Madam President, I chances and survive in this economic past season. rise today to recognize the contribu- climate. Over the years Coach Curry has been tions that John J. Sweeney, AFL–CIO Over 26 years ago, Nancy Tyrrell and more than our coach—he’s been a Wyo- president emeritus, has made to im- her husband, Ed, opened The ming tradition. Ask anyone who is a prove the lives of working men and Nehemian, a shop that sold antiques Camels fan who has been responsible women and their families across Amer- and offered custom picture framing. for their success and every one will tell ica and around the world. The labor But after years of being in business, you our secret advantage has been the movement is the foundation of Amer- the Tyrrells wanted to expand their coaching ability and basketball knowl- ica’s middle class, and John Sweeney services and increase their sales. edge of Coach Curry. understands that fact. He has devoted Tyrrell began designing custom key His concern for each of his players, his life to fighting for workers so that fobs which depict Idaho points of pride, and his great love of Campbell County they have safe working conditions, including the Boise State Broncos and good benefits, and a paycheck big the University of Idaho Vandals. As a High School, has been evident for all the years of his service to the people of enough to support a family. result of this risk to produce and mar- John Sweeney’s life is an inspira- Gillette. It shows itself in the hearts of ket new product, The Nehemian found tional one. He was born in the Bronx, those he has coached and in the lives of great success in the sale of these local NY—the son of Irish immigrants. His those he has worked with as their treasures. parents knew the value of hard work. teacher. He has always been one to lead Tyrrell has faced her share of entre- His father was a New York City bus by quiet but focused example and that preneurial challenges. After a $25,000 driver and his mother worked as a do- loss on a project, Tyrrell considered important quality of his has made him mestic for wealthy families. John going back to teaching instead of con- a role model that has helped to provide Sweeney’s father was a member of the tinuing as a small business owner. But guidance and direction to all those union and it was that union member- her love for the creative opportunities with whom he has worked. ship and steady income that made it her business provided convinced her If you ask the members of all those possible for Sweeney to attend Iona that she wouldn’t be happy doing any- championship teams that played for College in New Rochelle, N.Y. and thing else. Instead of giving up, Tyrrell Coach Curry, they will tell you that graduate with a degree in economics. rededicated herself to her store and they learned some important lessons He also holds honorary degrees from sought to expand into an untapped from him that helped to shape their Georgetown University, Oberlin Col- market. Her custom key fobs are man- lives. Thanks to him they came to real- lege, University of Massachusetts at ufactured by Silver Creek Mint, an- ize what high expectations, teamwork, Amherst, the University of Baltimore, other local business located in Buhl making good, thoughtful decisions and Catholic University Law School, the and where her son is employed. Tyrrell refusing to ever give up on a goal can University of Toledo’s College of Law, licensed both the Boise State Bronco mean to the pursuit of a difficult chal- Iona College and the College of New and University of Idaho Vandal key fob lenge. Ask his current players and they Rochelle. with Collegiate Licensing Co. in order will tell you what it has meant to play Sweeney’s first job in the labor to sell to a market in which she recog- for Coach Curry and to receive the leg- movement was with the International nized a demand for her product. After acy of success from his past efforts Ladies’ Garment Workers, which later only 6 weeks of selling her custom key that helped to get them inspired and merged with the Clothing and Textile fobs, Tyrrell had recouped two thirds of motivated right from the start. They Workers Union. He joined SEIU Local her investment. Currently, The knew before they even made the team 32B in New York City in 1961 as a union Nehemian sells 12 different variations how successful Coach Curry’s Camels representative. Sweeney was elected of key fobs. There is even a Great Seal had been and that made them ask more president of Local 32B in 1976 and led of Idaho key fob which is sold at the from themselves than anyone else two citywide strikes of apartment Idaho State Capitol gift shop. Tyrrell would have ever thought was possible maintenance workers during the 1970s. also offers key fob design services to for them to achieve. John Sweeney was first elected presi- large companies to commemorate spe- Coach Curry is now ending a remark- dent of the AFL–CIO in 1995 on a plat- cial milestones. able career. In 30 years he has collected form of revitalizing the federation,

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G18JN6.037 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4583 which has 57 affiliated unions and 12 H.R. 253. An act to provide for the convey- EC–1939. A communication from the Direc- million members, including 3 million ance of approximately 80 acres of National tor, Office of Sustainable Fisheries, Depart- members in Working America, its new Forest System land in the Uinta-Wasatch- ment of Commerce, transmitting, pursuant community affiliate. At the time of his Cache National Forest in Utah to Brigham to law, the report of a rule entitled ‘‘Fish- Young University, and for other purposes; to eries of the Exclusive Economic Zone Off election as president of the AFL–CIO, the Committee on Energy and Natural Re- Alaska; Revise Maximum Retainable Sweeney was serving as president of sources. Amounts of Groundfish Bering Sea and Aleu- the Service Employees International H.R. 674. An act to authorize the Secretary tian Islands’’ (RIN0648–BA43) received in the Union—SEIU. He became president of the Interior to study the suitability and Office of the President of the Senate on June emeritus of the AFL–CIO at the federa- feasibility of designating prehistoric, his- 5, 2013; to the Committee on Commerce, tion’s constitutional convention in toric, and limestone forest sites on Rota, Science, and Transportation. September 2009, stepping down after 4 Commonwealth of the Northern Mariana Is- EC–1940. A communication from the Acting lands, as a unit of the National Park Sys- Deputy Director, Office of Sustainable Fish- terms as president. tem; to the Committee on Energy and Nat- There is no denying that the past few eries, Department of Commerce, transmit- ural Resources. ting, pursuant to law, the report of a rule en- years have been difficult ones for the H.R. 862. An act to authorize the convey- titled ‘‘Fisheries of the Exclusive Economic American labor movement, but John ance of two small parcels of land within the Zone Off Alaska; Atka Mackerel in the Ber- Sweeney continues to stand strong in boundaries of the Coconino National Forest ing Sea and Aleutian Islands Management the fight for American workers. The containing private improvements that were Area’’ (RIN0648–XC654) received during ad- American workforce is the best trained developed based upon the reliance of the journment of the Senate in the Office of the and most efficient in the world. John landowners in an erroneous survey con- President of the Senate on May 29, 2013; to ducted in May 1960; to the Committee on En- the Committee on Commerce, Science, and Sweeney has been a big part of that ergy and Natural Resources. success and I hope my colleagues will Transportation. H.R. 876. An act to authorize the continued EC–1941. A communication from the Acting join me in thanking him for his life- use of certain water diversions located on Deputy Director, Office of Sustainable Fish- long commitment to American workers National Forest System land in the Frank eries, Department of Commerce, transmit- and their families.∑ Church-River of No Return Wilderness and ting, pursuant to law, the report of a rule en- the Selway-Bitterroot Wilderness in the f titled ‘‘Fisheries of the Exclusive Economic State of Idaho, and for other purposes; to the Zone Off Alaska; Greenland Turbot in the MESSAGES FROM THE HOUSE Committee on Energy and Natural Re- Aleutian Islands Subarea of the Bering Sea At 12:32 p.m., a message from the sources. and Aleutian Islands Management Area’’ House of Representatives, delivered by f (RIN0648–XC369) received during adjourn- Mr. Novotny, one of its reading clerks, EXECUTIVE AND OTHER ment of the Senate in the Office of the Presi- announced that the House has passed dent of the Senate on May 29, 2013; to the COMMUNICATIONS Committee on Commerce, Science, and the following bills, in which it requests The following communications were Transportation. the concurrence of the Senate: laid before the Senate, together with EC–1942. A communication from the Acting H.R. 253. An act to provide for the convey- accompanying papers, reports, and doc- Deputy Director, Office of Sustainable Fish- ance of approximately 80 acres of National uments, and were referred as indicated: eries, Department of Commerce, transmit- Forest System land in the Uinta-Wasatch- EC–1935. A communication from the Direc- ting, pursuant to law, the report of a rule en- Cache National Forest in Utah to Brigham titled ‘‘Fisheries of the Northeastern United Young University, and for other purposes. tor, Office of Sustainable Fisheries, Depart- ment of Commerce, transmitting, pursuant States; Summer Flounder Fishery; Quota H.R. 520. An act to authorize the Secretary Transfer’’ (RIN0648–XC634) received during of the Interior to conduct a study of alter- to law, the report of a rule entitled ‘‘Fish- eries Off West Coast States; West Coast adjournment of the Senate in the Office of natives for commemorating and interpreting the President of the Senate on May 29, 2013; the role of the Buffalo Soldiers in the early Salmon Fisheries; 2013 Management Meas- ures’’ (RIN0648–XC438) received during ad- to the Committee on Commerce, Science, years of the National Parks, and for other and Transportation. purposes. journment of the Senate in the Office of the President of the Senate on May 29, 2013; to EC–1943. A communication from the Dep- H.R. 674. An act to authorize the Secretary uty Assistant Administrator for Regulatory of the Interior to study the suitability and the Committee on Commerce, Science, and Transportation. Programs, Office of Sustainable Fisheries, feasibility of designating prehistoric, his- Department of Commerce, transmitting, pur- toric, and limestone forest sites on Rota, EC–1936. A communication from the Direc- tor, Office of Sustainable Fisheries, Depart- suant to law, the report of a rule entitled Commonwealth of the Northern Mariana Is- ‘‘Magnuson-Stevens Act Provisions; Fish- lands, as a unit of the National Park Sys- ment of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Magnu- eries of the Northeastern United States; tem. Northeast Multispecies Fishery; 2013 Sector H.R. 862. An act to authorize the convey- son-Stevens Fishery Conservation and Man- Operations Plans and Contracts and Alloca- ance of two small parcels of land within the agement Act Provisions; Fisheries of the tion of Northeast Multispecies Annual Catch boundaries of the Coconino National Forest Northeastern United States; Monkfish Fish- Entitlements’’ (RIN0648–XC240) received dur- containing private improvements that were ery; Emergency Action’’ (RIN0648–BC79) re- ing adjournment of the Senate in the Office developed based upon the reliance of the ceived during adjournment of the Senate in of the President of the Senate on May 29, landowners in an erroneous survey con- the Office of the President of the Senate on 2013; to the Committee on Commerce, ducted in May 1960. May 29, 2013; to the Committee on Com- Science, and Transportation. H.R. 876. An act to authorize the continued merce, Science, and Transportation. use of certain water diversions located on EC–1937. A communication from the Direc- EC–1944. A communication from the Direc- National Forest System land in the Frank tor, Office of Sustainable Fisheries, Depart- tor, Office of Sustainable Fisheries, Depart- Church-River of No Return Wilderness and ment of Commerce, transmitting, pursuant ment of Commerce, transmitting, pursuant the Selway-Bitterroot Wilderness in the to law, the report of a rule entitled ‘‘Fish- to law, the report of a rule entitled ‘‘Western State of Idaho, and for other purposes. eries of the Caribbean, Gulf of Mexico, and Pacific Fisheries; Fishing in the Marianas South Atlantic; Snapper-Grouper Fishery off Trench, Pacific Remote Islands, and Rose At 2:18 p.m., a message from the the Southern Atlantic States; Amendment Atoll Marine National Monuments’’ House of Representatives, delivered by 18B’’ (RIN0648–BB58) received during ad- (RIN0648–BA98) received in the Office of the journment of the Senate in the Office of the President of the Senate on June 12, 2013; to Mrs. Cole, one of its reading clerks, an- the Committee on Commerce, Science, and nounced that the House agrees to the President of the Senate on May 29, 2013; to the Committee on Commerce, Science, and Transportation. amendment of the Senate to the bill Transportation. EC–1945. A communication from the Dep- (H.R. 588) to provide for donor con- EC–1938. A communication from the Direc- uty Director, Office of Sustainable Fisheries, tribution acknowledgements to be dis- tor, Office of Sustainable Fisheries, Depart- Department of Commerce, transmitting, pur- played at the Vietnam Veterans Memo- ment of Commerce, transmitting, pursuant suant to law, the report of a rule entitled rial Visitor Center, and for other pur- to law, the report of a rule entitled ‘‘Fish- ‘‘Snapper-Grouper Fishery of the South At- poses, with an amendment, in which it eries of the Northeastern United States; At- lantic; 2013 Recreational Accountability requests the concurrence of the Senate. lantic Sea Scallop Fishery and Northeast Measure and Closure for South Atlantic Multispecies Fishery; Framework Adjust- Snowy Grouper’’ (RIN0648–XC672) received in f ment 24 and Framework Adjustment 49’’ the Office of the President of the Senate on MEASURES REFERRED (RIN0648–BC81) received during adjournment June 12, 2013; to the Committee on Com- of the Senate in the Office of the President merce, Science, and Transportation. The following bills were read the first of the Senate on June 5, 2013; to the Com- EC–1946. A communication from the Direc- and the second times by unanimous mittee on Commerce, Science, and Transpor- tor, Office of Sustainable Fisheries, Depart- consent, and referred as indicated: tation. ment of Commerce, transmitting, pursuant

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A communication from the Acting section 777; to the Committee on Armed EC–1947. A communication from the Direc- Deputy Director, Office of Sustainable Fish- Services. tor, Office of Sustainable Fisheries, Depart- eries, Department of Commerce, transmit- EC–1965. A communication from the Under ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a rule en- Secretary of Defense (Acquisition, Tech- to law, the report of a rule entitled ‘‘Atlan- titled ‘‘Fisheries of the Exclusive Economic nology and Logistics), transmitting, pursu- tic Highly Migratory Species; North and Zone Off Alaska; Big Skate in the Central ant to law, the Fiscal Year 2011 Report on South Atlantic 2013 Commercial Swordfish Regulatory Area of the Gulf of Alaska’’ Department of Defense (DoD) Operation and Quotas’’ (RIN0648–XC334) received in the Of- (RIN0648–XC673) received in the Office of the Financial Support for Military Museums; to fice of the President of the Senate on June President of the Senate on June 12, 2013; to the Committee on Armed Services. 12, 2013; to the Committee on Commerce, the Committee on Commerce, Science, and EC–1966. A communication from the Chair- Science, and Transportation. Transportation. man and President of the Export-Import EC–1948. A communication from the Direc- EC–1956. A communication from the Acting Bank, transmitting, pursuant to law, a re- tor, Office of Sustainable Fisheries, Depart- Deputy Director, Office of Sustainable Fish- port relative to transactions involving U.S. ment of Commerce, transmitting, pursuant eries, Department of Commerce, transmit- exports to Norway; to the Committee on to law, the report of a rule entitled ‘‘Inter- ting, pursuant to law, the report of a rule en- Banking, Housing, and Urban Affairs. national Fisheries; Pacific Tuna Fisheries; titled ‘‘Fisheries of the Exclusive Economic EC–1967. A communication from the Chair- Fishing Restrictions in the Eastern Pacific Zone Off Alaska; Alaska Plaice in the Bering man and President of the Export-Import Ocean’’ (RIN0648–BC44) received in the Office Sea and Aleutian Islands Management Area’’ Bank, transmitting, pursuant to law, a re- of the President of the Senate on June 12, (RIN0648–XC687) received in the Office of the port relative to transactions involving U.S. 2013; to the Committee on Commerce, President of the Senate on June 12, 2013; to exports to Canada; to the Committee on Science, and Transportation. the Committee on Commerce, Science, and Banking, Housing, and Urban Affairs. EC–1949. A communication from the Direc- Transportation. EC–1968. A communication from the Chief tor, Office of Sustainable Fisheries, Depart- EC–1957. A communication from the Dep- Counsel, Federal Emergency Management ment of Commerce, transmitting, pursuant uty Assistant Administrator for Regulatory Agency, Department of Homeland Security, to law, the report of a rule entitled ‘‘Fish- Programs, National Marine Fisheries Serv- transmitting, pursuant to law, the report of eries of the Exclusive Economic Zone Off ice, Department of Commerce, transmitting, a rule entitled ‘‘Final Flood Elevation Deter- Alaska; Bering Sea and Aleutian Islands pursuant to law, a report relative to the ap- minations’’ ((44 CFR Part 67) (Docket No. Crab Rationalization Program’’ (RIN0648– portionment of membership on the regional FEMA–2013–0002)) received in the Office of BA82) received in the Office of the President fishery management councils; to the Com- the President of the Senate on June 12, 2013; of the Senate on June 12, 2013; to the Com- mittee on Commerce, Science, and Transpor- to the Committee on Banking, Housing, and mittee on Commerce, Science, and Transpor- tation. Urban Affairs. EC–1958. A communication from the Dep- tation. EC–1969. A communication from the Chief uty Bureau Chief, Wireline Competition Bu- EC–1950. A communication from the Direc- Counsel, Federal Emergency Management reau, Federal Communications Commission, tor, Office of Sustainable Fisheries, Depart- Agency, Department of Homeland Security, transmitting, pursuant to law, the report of ment of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of a rule entitled ‘‘Connect America Fund’’ to law, the report of a rule entitled ‘‘Fish- a rule entitled ‘‘Suspension of Community ((RIN3060–AF85) (DA 13–1113)) received in the eries of the Caribbean, Gulf of Mexico, and Eligibility’’ ((44 CFR Part 64) (Docket No. Office of the President of the Senate on June South Atlantic; Reef Fish Fishery of the FEMA–2013–0002)) received in the Office of 11, 2013; to the Committee on Commerce, Gulf of Mexico; Amendment 37’’ (RIN0648– the President of the Senate on June 12, 2013; Science, and Transportation. BC66) received in the Office of the President EC–1959. A communication from the Attor- to the Committee on Banking, Housing, and of the Senate on June 12, 2013; to the Com- ney-Advisor, U.S. Coast Guard, Department Urban Affairs. mittee on Commerce, Science, and Transpor- of Homeland Security, transmitting, pursu- EC–1970. A communication from the Presi- tation. ant to law, the report of a rule entitled dent and Chief Executive Officer, Federal EC–1951. A communication from the Direc- ‘‘Safety Zone, Atlantic Intracoastal Water- Home Loan Bank of Cincinnati, transmit- tor, Office of Sustainable Fisheries, Depart- way; Wrightsville Beach, NC’’ ((RIN1625– ting, pursuant to law, Bank’s 2012 Manage- ment of Commerce, transmitting, pursuant AA00) (Docket No. USCG–2013–0174)) received ment Report and statement on system of in- to law, the report of a rule entitled ‘‘Inter- in the Office of the President of the Senate ternal controls; to the Committee on Bank- national Fisheries; Western and Central Pa- on June 12, 2013; to the Committee on Com- ing, Housing, and Urban Affairs. cific Fisheries for Highly Migratory Species; merce, Science, and Transportation. EC–1971. A communication from the Assist- Fishing Restrictions and Observer Require- EC–1960. A communication from the Attor- ant Director of the Legal Processing Divi- ments in Purse Seine Fisheries for 2013–2014’’ ney-Advisor, Office of General Counsel, De- sion, Internal Revenue Service, Department (RIN0648–BC87) received in the Office of the partment of Transportation, transmitting, of the Treasury, transmitting, pursuant to President of the Senate on June 12, 2013; to pursuant to law, a report relative to a va- law, the report of a rule entitled ‘‘Update for the Committee on Commerce, Science, and cancy in the position of Maritime Adminis- Weighted Average Interest Rates, Yield Transportation. trator, Department of Transportation, re- Curves, and Segment Rates’’ (Notice 2013–37) EC–1952. A communication from the Acting ceived in the Office of the President of the received in the Office of the President of the Director, Office of Sustainable Fisheries, De- Senate on June 13, 2013; to the Committee on Senate on June 12, 2013; to the Committee on partment of Commerce, transmitting, pursu- Commerce, Science, and Transportation. Finance. ant to law, the report of a rule entitled EC–1961. A communication from the Acting EC–1972. A communication from the Chair ‘‘Fisheries Off West Coast States; Modifica- Under Secretary of Defense (Personnel and of the Medicaid and CHIP Payment and Ac- tions of the West Coast Commercial Salmon Readiness), transmitting a report on the ap- cess Commission, transmitting, pursuant to Fisheries; Inseason Action #3’’ (RIN0648– proved retirement of Lieutenant General law, a report entitled ‘‘Report to Congress on XC686) received in the Office of the President Robert R. Allardice, United States Air Medicaid and CHIP’’; to the Committee on of the Senate on June 12, 2013; to the Com- Force, and his advancement to the grade of Finance. mittee on Commerce, Science, and Transpor- lieutenant general on the retired list; to the EC–1973. A communication from the Assist- tation. Committee on Armed Services. ant Legal Adviser for Treaty Affairs, Depart- EC–1953. A communication from the Acting EC–1962. A communication from the Acting ment of State, transmitting, pursuant to the Deputy Director, Office of Sustainable Fish- Under Secretary of Defense (Personnel and Case-Zablocki Act, 1 U.S.C. 112b, as amended, eries, Department of Commerce, transmit- Readiness), transmitting a report on the ap- the report of the texts and background state- ting, pursuant to law, the report of a rule en- proved retirement of Lieutenant General ments of international agreements, other titled ‘‘Fisheries of the Exclusive Economic Frank J. Kisner, United States Air Force, than treaties (List 2013–0099–2013–0107); to the Zone Off Alaska; Deep-Water Species Fishery and his advancement to the grade of lieuten- Committee on Foreign Relations. by Vessels Using Trawl Gear in the Gulf of ant general on the retired list; to the Com- EC–1974. A communication from the Assist- Alaska’’ (RIN0648–XC675) received in the Of- mittee on Armed Services. ant Secretary, Office of Special Education fice of the President of the Senate on June EC–1963. A communication from the Acting and Rehabilitative Services, Department of 12, 2013; to the Committee on Commerce, Under Secretary of Defense (Personnel and Education, transmitting, pursuant to law, Science, and Transportation. Readiness), transmitting a report on the ap- the report of a rule entitled ‘‘Final Pri- EC–1954. A communication from the Acting proved retirement of Lieutenant General ority—National Institute on Disability and Deputy Director, Office of Sustainable Fish- Douglas H. Owens, United States Air Force, Rehabilitation Research—Rehabilitation Re- eries, Department of Commerce, transmit- and his advancement to the grade of lieuten- search and Training Centers’’ (CFDA No. ting, pursuant to law, the report of a rule en- ant general on the retired list; to the Com- 84.133B–10) received in the Office of the Presi- titled ‘‘Fisheries of the Caribbean, Gulf of mittee on Armed Services. dent of the Senate on June 11, 2013; to the

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.015 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4585 Committee on Health, Education, Labor, and cies, and for other purposes; to the Com- United States to clarify the authority of Pensions. mittee on Homeland Security and Govern- Congress and the States to regulate corpora- EC–1975. A communication from the Direc- mental Affairs. tions, limited liability companies or other tor of the Division of Coal Mine Workers’ By Mr. BLUMENTHAL (for himself, corporate entities established by the laws of Compensation, Office of Workers’ Compensa- Mr. CHAMBLISS, Ms. WARREN, Mr. any State, the United States, or any foreign tion Programs, Department of Labor, trans- RUBIO, Mr. NELSON, Mr. MENENDEZ, state; to the Committee on the Judiciary. mitting, pursuant to law, the report of a rule Mr. SCHUMER, and Mr. CASEY): By Mr. UDALL of New Mexico (for entitled ‘‘Black Lung Benefits Act: Stand- S. 1174. A bill to award a Congressional himself, Mr. BENNET, Mr. HARKIN, Mr. ards for Chest Radiographs’’ (RIN1240–AA07) Gold Medal to the 65th Infantry Regiment, SCHUMER, Mrs. SHAHEEN, Mr. WHITE- received in the Office of the President of the known as the Borinqueneers; to the Com- HOUSE, Mr. TESTER, Mrs. BOXER, Mr. Senate on June 13, 2013; to the Committee on mittee on Banking, Housing, and Urban Af- COONS, Mr. KING, Mr. MURPHY, Mr. Health, Education, Labor, and Pensions. fairs. WYDEN, Mr. FRANKEN, Ms. KLO- EC–1976. A communication from the Acting By Mrs. FEINSTEIN: BUCHAR, and Mr. UDALL of Colorado): Chief Policy Officer, Legislative and Regu- S. 1175. A bill to require the Secretary of S.J. Res. 19. A joint resolution proposing latory Department, Pension Benefit Guar- the Treasury to establish a program to pro- an amendment to the Constitution of the anty Corporation, transmitting, pursuant to vide loans and loan guarantees to enable eli- United States relating to contributions and law, the report of a rule entitled ‘‘Benefits gible public entities to acquire interests in expenditures intended to affect elections; to real property that are in compliance with Payable in Terminated Single-Employer the Committee on the Judiciary. habitat conservation plans approved by the Plans; Interest Assumptions for Valuing and f Secretary of the Interior under the Endan- Paying Benefits’’ (29 CFR Part 4022) received gered Species Act of 1973, and for other pur- SUBMISSION OF CONCURRENT AND in the Office of the President of the Senate poses; to the Committee on Environment and on June 13, 2013; to the Committee on SENATE RESOLUTIONS Public Works. Health, Education, Labor, and Pensions. By Mr. VITTER: The following concurrent resolutions EC–1977. A communication from the Direc- S. 1176. A bill to impose a fine with respect and Senate resolutions were read, and tor of the Regulatory Management Division, to international remittance transfers if the referred (or acted upon), as indicated: Environmental Protection Agency, transmit- sender is unable to verify legal status in the By Mrs. FEINSTEIN (for herself, Mr. ting, pursuant to law, the report of a rule en- United States, and for other purposes; to the BURR, Mr. COBURN, Mrs. MURRAY, Mr. titled ‘‘Fenpyroximate; Pesticide Toler- Committee on Banking, Housing, and Urban ENZI, and Mr. DURBIN): ances’’ (FRL No. 9388–2) received in the Of- Affairs. S. Res. 173. A resolution designating Sep- fice of the President of the Senate on June By Mr. VITTER: tember 2013 as ‘‘National Child Awareness 12, 2013; to the Committee on Agriculture, S. 1177. A bill to authorize the Moving to Month’’ to promote awareness of charities Nutrition, and Forestry. Work Charter program to enable public hous- benefitting children and youth-serving orga- EC–1978. A communication from the Direc- ing agencies to improve the effectiveness of nizations throughout the United States and tor of the Regulatory Management Division, Federal housing assistance, and for other recognizing efforts made by those charities Environmental Protection Agency, transmit- purposes; to the Committee on Banking, and organizations on behalf of children and ting, pursuant to law, the report of a rule en- Housing, and Urban Affairs. youth as critical contributions to the future titled ‘‘Bacillus pumilus strain BU F–33; Ex- By Mrs. GILLIBRAND: of the United States; considered and agreed emption from the Requirement of a Toler- S. 1178. A bill to better integrate engineer- to. ance’’ (FRL No. 9389–2) received in the Office ing education into kindergarten through By Mr. ALEXANDER (for himself, Mr. of the President of the Senate on June 12, grade 12 instruction and curriculum and to DURBIN, Mr. SESSIONS, Mrs. FEIN- 2013; to the Committee on Agriculture, Nu- support research on engineering education; STEIN, Mr. COCHRAN, Mr. SCHATZ, Mr. trition, and Forestry. to the Committee on Health, Education, ROBERTS, and Mr. CORKER): EC–1979. A communication from the Acting Labor, and Pensions. S. Res. 174. A resolution designating June Director of the Office of Regulatory Affairs By Mrs. SHAHEEN (for herself and Ms. 20, 2013, as ‘‘American Eagle Day’’, and cele- and Collaborative Action, Policy, Manage- AYOTTE): brating the recovery and restoration of the ment and Budget, Department of the Inte- S. 1179. A bill to improve the coordination bald eagle, the national symbol of the United rior, transmitting, pursuant to law, the re- of export promotion programs and to facili- States; considered and agreed to. port of a rule entitled ‘‘Acquisition Regula- tate export opportunities for small busi- f tions; Buy Indian Act; Procedures for Con- nesses, and for other purposes; to the Com- tracting’’ (RIN1090–AB03) received on June mittee on Banking, Housing, and Urban Af- ADDITIONAL COSPONSORS 13, 2013; to the Committee on Indian Affairs. fairs. S. 132 EC–1980. A communication from the Direc- By Mr. GRASSLEY (for himself, Mr. At the request of Mr. REID, his name tor, Office of National Drug Control Policy, WYDEN, and Mr. BENNET): Executive Office of the President, transmit- S. 1180. A bill to amend title XI of the So- was added as a cosponsor of S. 132, a ting, pursuant to law, a report entitled cial Security Act to provide for the public bill to provide for the admission of the ‘‘High Intensity Drug Trafficking Areas Pro- availability of Medicare claims data; to the State of New Columbia into the Union. gram 2013 Report to Congress’’; to the Com- Committee on Finance. S. 313 By Mr. MENENDEZ (for himself, Mr. mittee on the Judiciary. At the request of Mr. CASEY, the ENZI, Mr. SCHUMER, Mr. BARRASSO, EC–1981. A communication from the Presi- name of the Senator from New Mexico dent of the United States, transmitting, con- Mr. BEGICH, Mr. BOOZMAN, Mr. BEN- NET, Mr. CORNYN, Mrs. BOXER, Mr. (Mr. UDALL) was added as a cosponsor sistent with the War Powers Act, a report of S. 313, a bill to amend the Internal relative to deployments of U.S. Armed CRAPO, Ms. CANTWELL, Mr. ISAKSON, Forces for combat (OSS–2013–0859); to the Mr. CARDIN, Mr. ROBERTS, Mr. CAR- Revenue Code of 1986 to provide for the Committee on Foreign Relations. PER, Mr. THUNE, Mr. COONS, Mrs. tax treatment of ABLE accounts estab- GILLIBRAND, Mrs. HAGAN, Mr. NEL- lished under State programs for the f SON, Mrs. SHAHEEN, Ms. STABENOW, care of family members with disabil- INTRODUCTION OF BILLS AND Mr. TESTER, and Mr. WYDEN): ities, and for other purposes. JOINT RESOLUTIONS S. 1181. A bill to amend the Internal Rev- enue Code of 1986 to exempt certain stock of S. 316 The following bills and joint resolu- real estate investment trusts from the tax At the request of Ms. HIRONO, her tions were introduced, read the first on foreign investments in United States real name was added as a cosponsor of S. and second times by unanimous con- property interests, and for other purposes; to 316, a bill to recalculate and restore re- sent, and referred as indicated: the Committee on Finance. tirement annuity obligations of the By Mr. UDALL of Colorado (for him- United States Postal Service, to elimi- By Ms. MIKULSKI: self, Mr. WYDEN, Ms. MURKOWSKI, Mr. S. 1172. A bill to amend the definition of a nate the requirement that the United UDALL of New Mexico, Mr. BEGICH, States Postal Service prefund the Post- law enforcement officer under subchapter III Mr. MERKLEY, and Mr. LEE): of chapter 83 and chapter 84 of title 5, United S. 1182. A bill to modify the Foreign Intel- al Service Retiree Health Benefits States Code, respectively, to ensure the in- ligence Surveillance Act of 1978 to require Fund, to place restrictions on the clo- clusion of certain positions; to the Com- specific evidence for access to business sure of postal facilities, to create in- mittee on Homeland Security and Govern- records and other tangible things, and pro- centives for innovation for the United mental Affairs. vide appropriate transition procedures, and States Postal Service, to maintain lev- By Mr. PORTMAN (for himself, Mr. for other purposes; to the Committee on the els of postal service, and for other pur- WARNER, and Ms. COLLINS): Judiciary. poses. S. 1173. A bill to affirm the authority of the By Mr. TESTER (for himself and Mr. S. 367 President to require independent regulatory MURPHY): agencies to comply with regulatory analysis S.J. Res. 18. A joint resolution proposing At the request of Mr. CARDIN, the requirements applicable to executive agen- an amendment to the Constitution of the name of the Senator from Maine (Mr.

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S. 623 prohibit the employment discrimina- 367, a bill to amend title XVIII of the At the request of Mr. CARDIN, the tion on the basis of sexual orientation Social Security Act to repeal the Medi- name of the Senator from Tennessee or gender identity. care outpatient rehabilitation therapy (Mr. ALEXANDER) was added as a co- S. 842 caps. sponsor of S. 623, a bill to amend title At the request of Mr. SCHUMER, the S. 403 XVIII of the Social Security Act to en- name of the Senator from Connecticut At the request of Mr. CASEY, the sure the continued access of Medicare (Mr. BLUMENTHAL) was added as a co- names of the Senator from Oregon (Mr. beneficiaries to diagnostic imaging sponsor of S. 842, a bill to amend title MERKLEY) and the Senator from New services. XVIII of the Social Security Act to Mexico (Mr. UDALL) were added as co- S. 635 provide for an extension of the Medi- sponsors of S. 403, a bill to amend the At the request of Mr. BROWN, the care-dependent hospital (MDH) pro- Elementary and Secondary Education names of the Senator from South Da- gram and the increased payments Act of 1965 to address and take action kota (Mr. THUNE) and the Senator from under the Medicare low-volume hos- to prevent bullying and harassment of Wisconsin (Mr. JOHNSON) were added as pital program. students. cosponsors of S. 635, a bill to amend the S. 852 S. 528 Gramm-Leach-Bliley Act to provide an At the request of Mr. SANDERS, the At the request of Mrs. HAGAN, the exception to the annual written pri- name of the Senator from Montana name of the Senator from Washington vacy notice requirement. (Mr. TESTER) was added as a cosponsor (Mrs. MURRAY) was added as a cospon- S. 650 of S. 852, a bill to improve health care sor of S. 528, a bill to amend the Higher At the request of Ms. LANDRIEU, the furnished by the Department of Vet- Education Opportunity Act to restrict name of the Senator from New Hamp- erans Affairs by increasing access to institutions of higher education from shire (Ms. AYOTTE) was added as a co- complementary and alternative medi- using revenues derived from Federal sponsor of S. 650, a bill to amend title cine and other approaches to wellness educational assistance funds for adver- XXVII of the Public Health Service Act and preventive care, and for other pur- tising, marketing, or recruiting pur- to preserve consumer and employer ac- poses. poses. cess to licensed independent insurance S. 896 S. 554 producers. At the request of Mr. BEGICH, the At the request of Mr. ISAKSON, the S. 676 name of the Senator from South Da- names of the Senator from Wyoming At the request of Mr. NELSON, the kota (Mr. JOHNSON) was added as a co- (Mr. BARRASSO) and the Senator from name of the Senator from New York sponsor of S. 896, a bill to amend title Georgia (Mr. CHAMBLISS) were added as (Mrs. GILLIBRAND) was added as a co- II of the Social Security Act to repeal cosponsors of S. 554, a bill to provide sponsor of S. 676, a bill to prevent tax- the Government pension offset and for a biennial budget process and a bi- related identity theft and tax fraud. windfall elimination provisions. ennial appropriations process and to S. 717 S. 913 enhance oversight and the performance At the request of Ms. KLOBUCHAR, the At the request of Mrs. SHAHEEN, the of the Federal Government. names of the Senator from Michigan name of the Senator from North Caro- S. 557 (Ms. STABENOW) and the Senator from lina (Mr. BURR) was added as a cospon- At the request of Mrs. HAGAN, the Arkansas (Mr. PRYOR) were added as sor of S. 913, a bill to amend the Na- name of the Senator from Massachu- cosponsors of S. 717, a bill to direct the tional Oilheat Research Alliance Act of setts (Ms. WARREN) was added as a co- Secretary of Energy to establish a pilot 2000 to reauthorize and improve that sponsor of S. 557, a bill to amend title program to award grants to nonprofit Act, and for other purposes. XVIII of the Social Security Act to im- organizations for the purpose of retro- prove access to medication therapy S. 942 fitting nonprofit buildings with energy- management under part D of the Medi- At the request of Mr. CASEY, the efficiency improvements. care program. name of the Senator from Oregon (Mr. S. 742 MERKLEY) was added as a cosponsor of S. 562 At the request of Mr. CARDIN, the S. 942, a bill to eliminate discrimina- At the request of Mr. WYDEN, the names of the Senator from Maine (Mr. name of the Senator from Kansas (Mr. tion and promote women’s health and MORAN) was added as a cosponsor of S. economic security by ensuring reason- KING) and the Senator from South Da- 742, a bill to amend the Internal Rev- able workplace accommodations for kota (Mr. JOHNSON) were added as co- sponsors of S. 562, a bill to amend title enue Code of 1986 and the Small Busi- workers whose ability to perform the XVIII of the Social Security Act to ness Act to expand the availability of functions of a job are limited by preg- provide for the coverage of marriage employee stock ownership plans in S nancy, childbirth, or a related medical and family therapist services and men- corporations, and for other purposes. condition. tal health counselor services under S. 765 S. 967 part B of the Medicare program, and At the request of Mr. BENNET, the At the request of Mrs. GILLIBRAND, for other purposes. name of the Senator from Alaska (Mr. the names of the Senator from Massa- S. 569 BEGICH) was added as a cosponsor of S. chusetts (Mr. COWAN) and the Senator At the request of Mr. BROWN, the 765, a bill to help provide relief to State from Washington (Ms. CANTWELL) were name of the Senator from Vermont education budgets during a recovering added as cosponsors of S. 967, a bill to (Mr. LEAHY) was added as a cosponsor economy, to help fulfill the Federal amend title 10, United States Code, to of S. 569, a bill to amend title XVIII of mandate to provide higher educational modify various authorities relating to the Social Security Act to count a pe- opportunities for Native American In- procedures for courts-martial under riod of receipt of outpatient observa- dians, and for other purposes. the Uniform Code of Military Justice, tion services in a hospital toward satis- S. 783 and for other purposes. fying the 3-day inpatient hospital re- At the request of Mr. WYDEN, the S. 1009 quirement for coverage of skilled nurs- name of the Senator from Oregon (Mr. At the request of Mr. VITTER, the ing facility services under Medicare. MERKLEY) was added as a cosponsor of names of the Senator from Georgia S. 579 S. 783, a bill to amend the Helium Act (Mr. CHAMBLISS) and the Senator from At the request of Mr. GRASSLEY, his to improve helium stewardship, and for Georgia (Mr. ISAKSON) were added as name was added as a cosponsor of S. other purposes. cosponsors of S. 1009, a bill to reauthor- 579, a bill to direct the Secretary of S. 815 ize and modernize the Toxic Sub- State to develop a strategy to obtain At the request of Mr. MERKLEY, the stances Control Act, and for other pur- observer status for Taiwan at the tri- names of the Senator from West Vir- poses. ennial International Civil Aviation Or- ginia (Mr. ROCKEFELLER) and the Sen- S. 1091 ganization Assembly, and for other ator from Nevada (Mr. REID) were At the request of Ms. MIKULSKI, the purposes. added as cosponsors of S. 815, a bill to name of the Senator from Minnesota

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.018 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4587 (Ms. KLOBUCHAR) was added as a co- KIRK) was added as a cosponsor of S. (Mr. BLUNT) was added as a cosponsor sponsor of S. 1091, a bill to provide for Res. 151, a resolution urging the Gov- of amendment No. 1261 intended to be the issuance of an Alzheimer’s Disease ernment of Afghanistan to ensure proposed to S. 744, a bill to provide for Research Semipostal Stamp. transparent and credible presidential comprehensive immigration reform S. 1106 and provincial elections in April 2014 and for other purposes. At the request of Mr. BENNET, the by adhering to internationally accept- AMENDMENT NO. 1262 names of the Senator from Colorado ed democratic standards, establishing a At the request of Ms. KLOBUCHAR, the (Mr. UDALL), the Senator from Alaska transparent electoral process, and en- name of the Senator from Missouri (Mr. BEGICH) and the Senator from suring security for voters and can- (Mr. BLUNT) was added as a cosponsor California (Mrs. BOXER) were added as didates. of amendment No. 1262 intended to be cosponsors of S. 1106, a bill to improve S. RES. 172 proposed to S. 744, a bill to provide for the accuracy of mortgage underwriting At the request of Mr. BLUNT, the comprehensive immigration reform used by Federal mortgage agencies by names of the Senator from Maryland and for other purposes. ensuring that energy costs are included (Mr. CARDIN) and the Senator from AMENDMENT NO. 1278 in the underwriting process, to reduce Florida (Mr. RUBIO) were added as co- At the request of Mr. BLUMENTHAL, the amount of energy consumed by sponsors of S. Res. 172, a resolution homes, to facilitate the creation of en- the name of the Senator from Maine designating the first Wednesday in Sep- ergy efficiency retrofit and construc- (Mr. KING) was added as a cosponsor of tember 2013 as ‘‘National Polycystic tion jobs, and for other purposes. amendment No. 1278 intended to be pro- Kidney Disease Awareness Day’’ and posed to S. 744, a bill to provide for S. 1117 raising awareness and understanding of comprehensive immigration reform At the request of Ms. STABENOW, the polycystic kidney disease. name of the Senator from Minnesota and for other purposes. AMENDMENT NO. 1196 (Ms. KLOBUCHAR) was added as a co- AMENDMENT NO. 1295 sponsor of S. 1117, a bill to prepare dis- At the request of Mr. JOHANNS, his At the request of Mr. CRUZ, the connected youth for a competitive fu- name was added as a cosponsor of names of the Senator from Texas (Mr. ture. amendment No. 1196 intended to be pro- CORNYN) and the Senator from Utah S. 1143 posed to S. 744, a bill to provide for (Mr. LEE) were added as cosponsors of At the request of Mr. TESTER, the comprehensive immigration reform amendment No. 1295 intended to be pro- name of the Senator from Minnesota and for other purposes. posed to S. 744, a bill to provide for (Mr. FRANKEN) was added as a cospon- AMENDMENT NO. 1197 comprehensive immigration reform sor of S. 1143, a bill to amend title At the request of Mr. JOHANNS, his and for other purposes. XVIII of the Social Security Act with name was added as a cosponsor of AMENDMENT NO. 1297 respect to physician supervision of amendment No. 1197 proposed to S. 744, At the request of Ms. KLOBUCHAR, the therapeutic hospital outpatient serv- a bill to provide for comprehensive im- name of the Senator from Missouri ices. migration reform and for other pur- (Mr. BLUNT) was added as a cosponsor S. 1159 poses. of amendment No. 1297 intended to be At the request of Mrs. MURRAY, the AMENDMENT NO. 1228 proposed to S. 744, a bill to provide for name of the Senator from Minnesota At the request of Mr. JOHANNS, his comprehensive immigration reform (Mr. FRANKEN) was added as a cospon- name was added as a cosponsor of and for other purposes. sor of S. 1159, a bill to amend the Equal amendment No. 1228 proposed to S. 744, f Credit Opportunity Act to prohibit dis- a bill to provide for comprehensive im- STATEMENTS ON INTRODUCED crimination on account of sexual ori- migration reform and for other pur- BILLS AND JOINT RESOLUTIONS entation or gender identity when ex- poses. tending credit. At the request of Mr. VITTER, the By Mrs. FEINSTEIN: S. 1166 names of the Senator from Oklahoma S. 1175. A bill to require the Sec- At the request of Mr. ISAKSON, the (Mr. INHOFE) and the Senator from Wis- retary of the Treasury to establish a names of the Senator from Georgia consin (Mr. JOHNSON) were added as co- program to provide loans and loan (Mr. CHAMBLISS) and the Senator from sponsors of amendment No. 1228 pro- guarantees to enable eligible public en- Wisconsin (Mr. JOHNSON) were added as posed to S. 744, supra. tities to acquire interests in real prop- cosponsors of S. 1166, a bill to amend AMENDMENT NO. 1239 erty that are in compliance with habi- the National Labor Relations Act to At the request of Mr. KIRK, the name tat conservation plans approved by the provide for appropriate designation of of the Senator from Nebraska (Mrs. Secretary of the Interior under the En- collective bargaining units. FISCHER) was added as a cosponsor of dangered Species Act of 1973, and for S.J. RES. 16 amendment No. 1239 intended to be pro- other purposes; to the Committee on At the request of Mr. RUBIO, the posed to S. 744, a bill to provide for Environment and Public Works. name of the Senator from Louisiana comprehensive immigration reform Mrs. FEINSTEIN. Mr. President, I (Mr. VITTER) was added as a cosponsor and for other purposes. rise today to introduce the Infrastruc- of S.J. Res. 16, a joint resolution pro- ture Facilitation and Habitat Con- AMENDMENT NO. 1240 posing an amendment to the Constitu- servation Act of 2013. tion of the United States to limit the At the request of Mrs. BOXER, the This legislation will make it easier power of Congress to impose a tax on a name of the Senator from Washington for communities across the Nation to failure to purchase goods or services. (Mrs. MURRAY) was added as a cospon- improve their public infrastructure by sor of amendment No. 1240 intended to S. CON. RES. 6 providing access to cost-effective Fed- be proposed to S. 744, a bill to provide At the request of Mr. BARRASSO, the eral loan guarantees to mitigate the name of the Senator from Louisiana for comprehensive immigration reform impacts of growth on the environment and for other purposes. (Mr. VITTER) was added as a cosponsor and endangered species. of S. Con. Res. 6, a concurrent resolu- AMENDMENT NO. 1251 This bill authorizes a 10-year pilot tion supporting the Local Radio Free- At the request of Mr. CORNYN, the program, to be administered jointly by dom Act. names of the Senator from Mississippi the Secretaries of the Interior and S. RES. 60 (Mr. WICKER) and the Senator from Treasury, making credit more readily At the request of Mrs. BOXER, the North Dakota (Mr. HOEVEN) were added available to eligible public entities name of the Senator from New Mexico as cosponsors of amendment No. 1251 which are sponsors of Habitat Con- (Mr. HEINRICH) was added as a cospon- intended to be proposed to S. 744, a bill servation Plans, HCPs, under section 10 sor of S. Res. 60, a resolution sup- to provide for comprehensive immigra- of the Endangered Species Act of 1973. porting women’s reproductive health. tion reform and for other purposes. Habitat Conservation Plans were au- S. RES. 151 AMENDMENT NO. 1261 thorized by an amendment to the En- At the request of Mr. CASEY, the At the request of Ms. KLOBUCHAR, the dangered Species Act in 1982 as a name of the Senator from Illinois (Mr. name of the Senator from Missouri means to permanently protect the

VerDate Mar 15 2010 06:13 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.019 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4588 CONGRESSIONAL RECORD — SENATE June 18, 2013 habitat of threatened and endangered rates of interest, enabling partici- (2) APPLICATION; APPROVAL PROCESS.— species, while facilitating the develop- pating communities to take advantage (A) APPLICATION.— ment of infrastructure, through of temporarily low prices for habitat. (i) IN GENERAL.—To be eligible to receive a issuance of a long-term ‘‘incidental Prompt enactment of this legislation loan or loan guarantee under the program, an eligible public entity shall submit to the take permit’’. will provide multiple benefits at very Secretary an application at such time, in Equally important, HCPs can be very low cost to the Federal taxpayer: pro- such form and manner, and including such effective in avoiding, minimizing and tection of more habitat more quickly, information as the Secretary may require. mitigating the effects of development accelerated development of infrastruc- (ii) SOLICITATION OF APPLICATIONS.—Not on endangered species and their habi- ture with minimum environmental im- less frequently than once per calendar year, tats. HCPs are an essential tool, as pact, and reduction in the total cost of the Secretary shall solicit from eligible pub- Congress intended, in balancing the re- HCP land acquisition. lic entities applications for loans and loan quirements of the Endangered Species A broad coalition of conservation or- guarantees in accordance with this section. Act with on-going construction and de- ganizations and infrastructure devel- (B) APPROVAL PROCESS.— velopment activity. opers supports this legislation. In fact, (i) SUBMISSION OF APPLICATIONS TO SEC- In California, the Western Riverside RETARY OF THE INTERIOR.—As soon as prac- the Senate also expressed support for ticable after the date on which the Secretary County multiple-species HCP is a this concept when it approved a simi- receives an application under subparagraph prime example of effective habitat lar, albeit more narrowly defined inno- (A), the Secretary shall submit the applica- management. The Western Riverside vative financing program as part of the tion to the Secretary of the Interior for re- MSHCP covers an area of 1.26 million Water Resources Development Act, view. acres, of which 500,000 will be perma- WRDA, last month. But where the (ii) REVIEW BY SECRETARY OF THE INTE- nently protected for the benefit of 146 WRDA provisions would be applicable RIOR.— species of plants and animals. To date, to mitigate the environmental impacts (I) REVIEW.—As soon as practicable after more than 347,000 acres of public land the date of receipt of an application by the related to the development of water in- Secretary under clause (i), the Secretary of and 45,000 acres of private land have frastructure, this legislation would the Interior shall conduct a review of the ap- been protected, at a cost of $420 mil- broaden that eligibility to transpor- plication to determine whether— lion. In the case of the Western River- tation and other public infrastructure. (aa) the eligible public entity is imple- side MSHCP, as with other HCPs na- I urge my colleagues to support this menting a habitat conservation plan that tionwide, this strategy for advance legislation. I believe it will encourage has been approved by the Secretary of the mitigation of environmental impacts infrastructure development and habi- Interior under section 10 of the Endangered has facilitated the development of tat conservation at minimal Federal Species Act of 1973 (16 U.S.C. 1539); much-needed transportation infra- risk. It is exactly the kind of partner- (bb) the habitat acquisition program of the eligible public entity would very likely be structure. To date, the Western River- ship with local government that should completed; and side MSHCP has resulted in expedited be utilized to maximize efficient use of (cc) the eligible public entity has adopted environmental approval of 25 transpor- Federal dollars. a complementary plan for sustainable infra- tation infrastructure projects, which Mr. President, I ask unanimous con- structure development that provides for the have contributed 32,411 jobs and $2.2 sent that the text of the bill be printed mitigation of environmental impacts. billion to the county’s economy. in the RECORD. (II) REPORT TO SECRETARY.—Not later than Riverside has been one of the Na- There being no objection, the text of 60 days after the date on which the Secretary tion’s fastest growing counties, with a the bill was ordered to be printed in of the Interior receives an application under subclause (I), the Secretary of the Interior rate of growth during the last decade of the RECORD, as follows: shall submit to the Secretary a report that 42 percent. Unless the development of S. 1175 contains— infrastructure can be made to keep Be it enacted by the Senate and House of Rep- (aa) an assessment of each factor described pace with this explosive population resentatives of the United States of America in in subclause (I); and growth, neither environmental or liv- Congress assembled, (bb) a recommendation regarding the ap- ability goals will be attained. SECTION 1. SHORT TITLE. proval or disapproval of a loan or loan guar- In recent years, the economic down- This Act may be cited as the ‘‘Infrastruc- antee to the eligible public entity that is the turn has slowed the pace of habitat ac- ture Facilitation and Habitat Conservation subject of the application. quisition in Western Riverside and Act of 2013’’. (III) CONSULTATION WITH SECRETARY OF COMMERCE.—To the extent that the Sec- other similarly-situated communities. SEC. 2. CONSERVATION LOAN AND LOAN GUAR- ANTEE PROGRAM. retary of the Interior considers to be appro- Revenue which had been generated by (a) DEFINITIONS.—In this section: priate to carry out this clause, the Secretary development fees to finance acquisition (1) ELIGIBLE PUBLIC ENTITY.—The term ‘‘eli- of the Interior may consult with the Sec- of habitat has also slowed. gible public entity’’ means a political sub- retary of Commerce. Now, ironically, signs of economic re- division of a State, including— (iii) APPROVAL BY SECRETARY.— covery in the region also signal in- (A) a duly established town, township, or (I) IN GENERAL.—Not later than 120 days creasing real estate prices that will county; after receipt of an application under sub- make the acquisition of mitigation (B) an entity established for the purpose of paragraph (A), the Secretary shall approve lands more challenging. That’s why it regional governance; or disapprove the application. (C) a special purpose entity; and (II) FACTORS.—In approving or dis- is important to provide communities (D) a joint powers authority, or other enti- approving an application of an eligible public like Western Riverside ready access to ty certified by the Governor of a State, to entity under subclause (I), the Secretary capital now to help fund habitat con- have authority to implement a habitat con- may consider— servation projects while real estate servation plan pursuant to section 10(a) of (aa) whether the financial plan of the eligi- costs remain relatively low, saving the Endangered Species Act of 1973 (16 U.S.C. ble public entity for habitat acquisition is them and other communities imple- 1539(a)). sound and sustainable; menting HCP’s billions of dollars. (2) PROGRAM.—The term ‘‘program’’ means (bb) whether the eligible public entity has Under this bill, loan guarantee appli- the conservation loan and loan guarantee the ability to repay a loan or meet the terms of a loan guarantee under the program; cants would have to demonstrate their program established by the Secretary under subsection (b)(1). (cc) any factor that the Secretary deter- credit-worthiness and the likely suc- (3) SECRETARY.—The term ‘‘Secretary’’ mines to be appropriate; and cess of their habitat acquisition pro- means the Secretary of the Treasury. (dd) the recommendation of the Secretary grams. Priority would be given to (b) LOAN AND LOAN GUARANTEE PROGRAM.— of the Interior. HCPs in biologically rich regions whose (1) ESTABLISHMENT.—As soon as practicable (III) PREFERENCE.—In approving or dis- natural attributes are threatened by after the date of enactment of this Act, the approving applications of eligible public en- rapid development. Other than the Secretary shall establish a program to pro- tities under subclause (I), the Secretary shall modest costs of administration, the bill vide loans and loan guarantees to eligible give preference to eligible public entities lo- public entities to enable eligible public enti- cated in biologically rich regions in which would entail no federal expenditure un- ties to acquire interests in real property that rapid growth and development threaten suc- less the local government defaulted—a are acquired pursuant to habitat conserva- cessful implementation of approved habitat very rare occurrence. tion plans approved by the Secretary of the conservation plans, as determined by the These Federal guarantees will assure Interior under section 10 of the Endangered Secretary in cooperation with the Secretary access to commercial credit at reduced Species Act of 1973 (16 U.S.C. 1539). of the Interior.

VerDate Mar 15 2010 03:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.024 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4589 (C) ADMINISTRATION OF LOANS AND LOAN Services to make available a search- release this information, upon request, GUARANTEES.— able Medicare payment database that under the premise that accessibility to (i) REPORT TO SECRETARY OF THE INTE- the public can access at no cost. the source data was in the public inter- RIOR.—Not later than 60 days after the date The second provision in our bill clari- est and therefore should be made avail- on which the Secretary approves or dis- fies that data on Medicare payments to approves an application under subparagraph able for public consumption. An injunc- (B)(iii), the Secretary shall submit to the physicians and suppliers do not fall tion by a Florida court, however, or- Secretary of the Interior a report that con- under a Freedom of Information Act, dered otherwise. tains the decision of the Secretary to ap- FOIA, exemption. I am pleased that the Florida court prove or disapprove the application. In 1979, a U.S. District Court ruled has reevaluated that decision and re- (ii) DUTY OF SECRETARY.—As soon as prac- that Medicare is prohibited from re- cently lifted the injunction. This is a ticable after the date on which the Secretary leasing physicians’ billing information step in the right direction, but the de- approves an application under subparagraph to the public. cision still leaves access to this data (B)(iii), the Secretary shall— For over three decades, third parties (I) establish the loan or loan guarantee ‘‘opaque.’’ Data requests are still sub- that tried to obtain physician specific ject to the Freedom of Information Act with respect to the eligible public entity data through the FOIA process have that is the subject of the application (includ- and can be denied by Health and ing such terms and conditions as the Sec- failed. Taxpayers have been denied Human Services. Passage of the Medi- retary may prescribe); and their right. care DATA Act would put an end to Another recent court decision lifted (II) carry out the administration of the that loophole. loan or loan guarantee. the injunction, but it does not go far Information affecting the American (c) AUTHORIZATION OF APPROPRIATIONS.— enough. taxpayer should be part of the public Our bill would make Congress’ intent There are authorized to be appropriated to domain in a free society. With this the Secretary to carry out this section such clear and provide the public with the principle in mind, I join with Senator sums as are necessary. tools to finally gain access to impor- (d) TERMINATION OF AUTHORITY.—The au- tant Medicare data. GRASSLEY in changing ‘‘business as thority under this section shall terminate on I would like to provide one example usual.’’ the date that is 10 years after the date of en- of how valuable access to Medicare I urge my colleagues to support this actment of this Act. billing data can be. legislation so that Medicare data is fi- nally fully transparent and available to By Mr. GRASSLEY (for himself, In 2011, using only a small portion of Medicare claims data, the Wall Street Medicare beneficiaries and taxpayers Mr. WYDEN, and Mr. BENNET): Journal was able to identify suspicious alike. I look forward to working with S. 1180. A bill to amend title XI of the my colleagues in this effort. Social Security Act to provide for the billing patterns and potential abuses of the Medicare program. public availability of Medicare claims The Wall Street Journal found cases By Mr. UDALL of Colorado (for data; to the Committee on Finance. where Medicare paid millions to a phy- himself, Mr. WYDEN, Ms. MUR- Mr. GRASSLEY. Mr. President, sician sometimes for several years, be- KOWSKI, Mr. UDALL of New Mex- today, Senator WYDEN and I reintro- fore those questionable payments ico, Mr. BEGICH, Mr. MERKLEY, duced the Medicare Data Access for stopped. and Mr. LEE): Transparency and Accountability Act. That was only one organization using S. 1182. A bill to modify the Foreign This collaborative effort includes two a limited set of Medicare data. When it Intelligence Surveillance Act of 1978 to ideas for making Medicare billing and comes to public programs like Medi- require specific evidence for access to spending more transparent. care, the Federal Government needs all business records and other tangible The first provision comes from a bill the help it can get to identify and com- things, and provide appropriate transi- I introduced in 2011 to enhance the gov- bat fraud, waste and abuse, and that is tion procedures, and for other pur- ernment’s ability to combat Medicare why a searchable Medicare claims poses; to the Committee on the Judici- and Medicaid fraud. It would require database should be made available to ary. the Secretary of Health and Human the public. Mr. UDALL of Colorado. Mr. Presi- Services to issue regulations making I have often quoted Justice Brandeis, dent, I rise to speak on an issue that is Medicare claims and payment data who said, ‘‘Sunlight is the best dis- critical to our constitutional rights available to the public, similar to infectant.’’ That is what Senator and our national security. The revela- other federal spending disclosed on WYDEN and I are aiming to accomplish tion and subsequent declassification of www.USAspending.gov. with the Medicare Data Act. the National Security Agency’s intel- That website was created by legisla- Mr. WYDEN. Mr. President, I rise ligence gathering programs have tion sponsored by then-Senator Obama today with Senator GRASSLEY to intro- shocked Americans in ways that I long and Senator COBURN. It lists almost all duce the Medicare Data Access for ago had telegraphed. We are having a federal spending, but it doesn’t include Transparency and Accountability Act. spirited and critical debate about what payments made to Medicare providers. I would like to begin by thanking my the right balance between privacy and That means virtually every other friend and esteemed colleague for his security ought to be. With regards to government program, including some unwavering commitment to greater NSA activity, I am introducing bipar- defense spending, is more transparent transparency and accountability in tisan legislation today, with several than the Medicare program. government. This Medicare DATA Act senators of both parties, designed to Omitting Medicare spending is espe- advances that goal. narrow Section 215 of the USA PA- cially alarming when you consider the Sunshine continues to be the great- TRIOT Act, known also as the ‘‘busi- portion of Federal spending that goes est disinfectant. In that light, the ness records’’ provision, to better bal- through the Medicare program. In 2011, Medicare DATA Act ensures all tax- ance the authorities we give the federal the Federal Government spent $549 bil- payers have access to Medicare Claims government while protecting our con- lion on Medicare. Database, both to aid them in making stitutional rights. More specifically, Taxpayers have a right to see how medical decisions, and in under- my legislation would prevent the fed- their hard-earned dollars are being standing what their money is paying eral government from collecting mil- spent. There should not be a special ex- for in this vital, yet enormous, health lions of law-abiding Americans’ phone ception for hard-earned dollars that program. The Medicare Claims Data- call records without first establishing happen to be spent through Medicare. base is an important resource for pub- some nexus to terrorism. We all expect Transparency will restore that tax- lic and private stakeholders as it cap- the NSA to target terrorists, but the payers’ right. tures healthcare provider payment and revelations in the past few weeks have Also, if doctors know that each claim claims information for roughly one- made clear that the information of they make will be publicly available, it third of the United States healthcare millions of law-abiding Americans is might deter some wasteful practices system. But why isn’t this information being swept up in the process. and overbilling. already available? Let me start by saying that I con- Our bill accomplishes this by requir- In 1978, the Department of Health tinue to feel that a number of the per- ing the Secretary of Health and Human Education and Welfare attempted to manent PATRIOT Act provisions

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But I also believe, our law enforcement agencies to iden- the United States represent the hopes and as I stated two years ago when offering tify a terrorism or espionage investiga- future of the United States; this same legislation as an amendment tion before collecting the private infor- Whereas numerous individuals, charities to the PATRIOT Act reauthorization mation of American citizens. benefitting children, and youth-serving orga- nizations that work with children and youth bill, that Section 215 of this Act fails to Many Coloradans share my belief collaborate to provide invaluable services to strike the right balance between keep- that we need to place common-sense enrich and better the lives of children and ing us safe and protecting the privacy limits on government investigations youth throughout the United States; rights of Americans. Indeed, my con- and link data collection to terrorist- or Whereas raising awareness of, and increas- cerns about this provision of the law espionage-related activities. If we can- ing support for, organizations that provide have only grown since I was first not assert some nexus to terrorism, access to healthcare, social services, edu- briefed on its secret interpretation and then the government should keep its cation, the arts, sports, and other services implementation as a member of the hands off the phone data of law-abiding will result in the development of character Senate Intelligence Committee. and the future success of the children and Americans. youth of the United States; From the recent leaks and informa- Let me be very clear: our government Whereas the month of September, as the tion since declassified about the Sec- must continue to diligently and aggres- school year begins, is a time when parents, tion 215 collection program, we know sively combat terrorism. We all agree families, teachers, school administrators, that the Foreign Intelligence Surveil- with that critically important goal. and communities increase their focus on lance Court has interpreted this provi- But I do not think that it is unreason- children and youth throughout the United sion of the PATRIOT Act to permit the able to ask that collection of phone States; collection of millions of Americans’ data be limited to investigations that Whereas the month of September is a time phone records on a daily, ongoing for the people of the United States to high- are actually related to terrorism or es- light and be mindful of the needs of children basis. As a member of the Senate Intel- pionage. And I do not believe that we and youth; ligence Committee, I have repeatedly need to sacrifice national security to Whereas private corporations and busi- expressed concern that the interpreta- strike this balance. In fact, as a mem- nesses have joined with hundreds of national tion of this provision of the PATRIOT ber of the Intelligence Committee who and local charitable organizations through- Act, which allows the government to has studied our surveillance programs out the United States in support of a month- obtain ‘‘any tangible thing’’ relevant closely, it has not been demonstrated long focus on children and youth; and to a national security investigation, is to me that the bulk phone records col- Whereas designating September 2013 as Na- at odds with the plain meaning of the tional Child Awareness Month recognizes lection program has provided uniquely that a long-term commitment to children law. This secrecy has prevented Ameri- valuable information that has stopped and youth is in the public interest, and will cans from understanding how these terrorist attacks, beyond what is avail- encourage widespread support for charities laws are being implemented in their able through less intrusive means. But and organizations that seek to provide a bet- name. That is unacceptable. if we are going to continue providing ter future for the children and youth of the Even before the nature of the bulk this authority to collect phone data United States: Now, therefore, be it phone records collection program was from Americans’ communications, let’s Resolved, That the Senate designates Sep- declassified, there was support for nar- at least limit it to require a link to tember 2013 as National Child Awareness Month— rowing the language of Section 215 terrorism or espionage. This is a com- from many in Congress and many (1) to promote awareness of charities bene- monsense step that we can take to fitting children and youth-serving organiza- Americans who feel strongly about strike a better balance between keep- tions throughout the United States; and their constitutional right to privacy. ing our country safe and respecting (2) to recognize efforts made by those char- In fact, the PATRIOT Act reauthoriza- constitutional rights. ities and organizations on behalf of children tion that passed the Senate in 2005 by I thank my colleagues who have co- and youth as critical contributions to the fu- unanimous consent included language sponsored this legislation, and ask ture of the United States. that would limit the government’s other colleagues to give it a close look. f ability to collect Americans’ personal I will continue to press for the PA- SENATE RESOLUTION 174—DESIG- information without a demonstrated TRIOT Act to be reopened for debate, NATING JUNE 20, 2013, AS ‘‘AMER- link to terrorism or espionage. While and when that occurs, I will push for ICAN EAGLE DAY’’, AND CELE- that language did not prevail in con- passage of this bipartisan bill that BRATING THE RECOVERY AND ference, it demonstrated that bipar- strikes a better balance between keep- RESTORATION OF THE BALD tisan agreement on reforms to Section ing our nation safe and unduly tram- EAGLE, THE NATIONAL SYMBOL 215 is possible. pling our constitutional rights. OF THE UNITED STATES In 2011, as the Senate took up the ex- f tension of a number of expiring provi- Mr. ALEXANDER (for himself, Mr. sions of the PATRIOT Act, I offered an SUBMITTED RESOLUTIONS DURBIN, Mr. SESSIONS, Mrs. FEINSTEIN, amendment drawn directly from lan- Mr. COCHRAN, Mr. SCHATZ, Mr. ROB- guage in the 2005 Senate-passed bill to ERTS, and Mr. CORKER) submitted the narrow the application of this provi- SENATE RESOLUTION 173—DESIG- following resolution; which was consid- sion. That amendment unfortunately NATING SEPTEMBER 2013 AS ered and agreed to: ‘‘NATIONAL CHILD AWARENESS did not receive a vote. But today, along S. RES. 174 MONTH’’ TO PROMOTE AWARE- with my colleague Sen. WYDEN and Whereas on June 20, 1782, the bald eagle others, I am back at it again—intro- NESS OF CHARITIES BENEFIT- was officially designated as the national em- ducing bipartisan legislation drawn TING CHILDREN AND YOUTH- blem of the United States by the founding fa- from that same language. SERVING ORGANIZATIONS thers in the Congress of the Confederation; Our bipartisan bill would narrow the THROUGHOUT THE UNITED Whereas the bald eagle is the central PATRIOT Act Section 215 collection STATES AND RECOGNIZING EF- image of the Great Seal of the United States; FORTS MADE BY THOSE CHAR- Whereas the image of the bald eagle is dis- authority to make it consistent with played in the official seal of many branches what most Americans believe the law ITIES AND ORGANIZATIONS ON BEHALF OF CHILDREN AND and departments of the Federal Government, allows. While this legislation would including— still allow law enforcement and intel- YOUTH AS CRITICAL CONTRIBU- (1) the Office of the President; ligence agencies to use the PATRIOT TIONS TO THE FUTURE OF THE (2) the Office of the Vice President; Act to obtain a wide range of records in UNITED STATES (3) Congress; the course of terrorism- and espionage- Mrs. FEINSTEIN (for herself, Mr. (4) the Supreme Court; (5) the Department of the Treasury; related investigations, it would require BURR, Mr. COBURN, Mrs. MURRAY, Mr. (6) the Department of Defense; them to demonstrate that the records ENZI, and Mr. DURBIN) submitted the (7) the Department of Justice; are in some way connected to ter- following resolution; which was consid- (8) the Department of State; rorism or clandestine intelligence ac- ered and agreed to: (9) the Department of Commerce;

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.031 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4591 (10) the Department of Homeland Security; Whereas if not for the vigilant conserva- SA 1322. Mr. CRUZ submitted an amend- (11) the Department of Veterans Affairs; tion efforts of concerned Americans and the ment intended to be proposed by him to the (12) the Department of Labor; enactment of conservation laws (including bill S. 744, supra; which was ordered to lie on (13) the Department of Health and Human regulations), the bald eagle would face ex- the table. Services; tinction; SA 1323. Mr. CRUZ submitted an amend- (14) the Department of Energy; Whereas the American Eagle Foundation ment intended to be proposed by him to the (15) the Department of Housing and Urban has brought substantial public attention to bill S. 744, supra; which was ordered to lie on Development; the cause of the protection and care of the the table. (16) the Central Intelligence Agency; and bald eagle nationally; SA 1324. Mr. CRUZ submitted an amend- (17) the Postal Service; Whereas, November 4, 2010, marked the ment intended to be proposed by him to the Whereas the bald eagle is an inspiring sym- 25th anniversary of the American Eagle bill S. 744, supra; which was ordered to lie on bol of— the table. (1) the spirit of freedom; and Foundation; Whereas facilities around the United SA 1325. Mr. CRUZ submitted an amend- (2) the sovereignty of the United States; ment intended to be proposed by him to the Whereas since the founding of the Nation, States, such as the Southeastern Raptor Center at Auburn University in the State of bill S. 744, supra; which was ordered to lie on the image, meaning, and symbolism of the the table. bald eagle have played a significant role in Alabama, rehabilitate injured eagles for re- lease into the wild; SA 1326. Mr. CRUZ submitted an amend- the art, music, history, commerce, lit- ment intended to be proposed by him to the erature, architecture, and culture of the Whereas the dramatic recovery of the pop- ulation of bald eagles— bill S. 744, supra; which was ordered to lie on United States; the table. Whereas the bald eagle is prominently fea- (1) is an endangered species success story; and SA 1327. Mr. BLUMENTHAL (for himself tured on the stamps, currency, and coinage and Ms. MURKOWSKI) submitted an amend- of the United States; (2) an inspirational example for other wild- life and natural resource conservation efforts ment intended to be proposed by him to the Whereas the habitat of bald eagles exists bill S. 744, supra; which was ordered to lie on only in North America; around the world; Whereas the initial recovery of the popu- the table. Whereas by 1963, the population of bald ea- SA 1328. Mr. WYDEN submitted an amend- lation of bald eagles was accomplished by gles that nested in the lower 48 States had ment intended to be proposed by him to the the concerted efforts of numerous govern- declined to approximately 417 nesting pairs; bill S. 744, supra; which was ordered to lie on ment agencies, corporations, organizations, Whereas due to the dramatic decline in the the table. population of bald eagles in the lower 48 and individuals; and SA 1329. Ms. MURKOWSKI (for herself and Whereas the continuation of recovery, States, the Secretary of the Interior listed Mr. BEGICH) submitted an amendment in- the bald eagle as an endangered species on management, and public awareness programs tended to be proposed by her to the bill S. the list of endangered species published for bald eagles will be necessary to ensure— 744, supra; which was ordered to lie on the (1) the continued progress of the recovery under section 4(c)(1) of the Endangered Spe- table. of bald eagles; and cies Act of 1973 (16 U.S.C. 1533(c)(1)); SA 1330. Mr. VITTER submitted an amend- (2) that the population and habitat of bald Whereas caring and concerned individuals ment intended to be proposed by him to the eagles will remain healthy and secure for fu- from the Federal, State, and private sectors bill S. 744, supra; which was ordered to lie on ture generations: Now, therefore, be it banded together to save, and help ensure the the table. Resolved, That the Senate— recovery and protection of, bald eagles; SA 1331. Mr. CARPER submitted an amend- (1) designates June 20, 2013, as ‘‘American Whereas on July 20, 1969, the first manned ment intended to be proposed by him to the Eagle Day’’; lunar landing occurred in the Apollo 11 bill S. 744, supra; which was ordered to lie on (2) applauds the issuance of bald eagle Lunar Excursion Module, which was named the table. commemorative coins by the Secretary of ‘‘Eagle’’; SA 1332. Mr. PAUL submitted an amend- the Treasury as a means by which to gen- Whereas the ‘‘Eagle’’ played an integral ment intended to be proposed by him to the erate critical funds for the protection of bald role in achieving the goal of the United bill S. 744, supra; which was ordered to lie on eagles; and States of landing a man on the Moon and re- the table. (3) encourages— turning that man safely to Earth; SA 1333. Mr. PAUL submitted an amend- (A) educational entities, organizations, Whereas in 1995, as a result of the efforts of ment intended to be proposed by him to the businesses, conservation groups, and govern- those caring and concerned individuals, the bill S. 744, supra; which was ordered to lie on ment agencies with a shared interest in con- Secretary of the Interior listed the bald the table. serving endangered species to collaborate eagle as a threatened species on the list of SA 1334. Mr. SESSIONS submitted an and develop educational tools for use in the threatened species published under section amendment intended to be proposed by him public schools of the United States; and 4(c)(1) of the Endangered Species Act of 1973 to the bill S. 744, supra; which was ordered to (B) the people of the United States to ob- (16 U.S.C. 1533(c)(1)); lie on the table. serve American Eagle Day with appropriate SA 1335. Mr. HARKIN (for himself and Ms. Whereas by 2007, the population of bald ea- ceremonies and other activities. MIKULSKI) submitted an amendment in- gles that nested in the lower 48 States had tended to be proposed by him to the bill S. increased to approximately 10,000 nesting f 744, supra; which was ordered to lie on the pairs, an increase of approximately 2,500 per- AMENDMENTS SUBMITTED AND table. cent from the preceding 40 years; PROPOSED SA 1336. Mr. GRASSLEY submitted an Whereas in 2007, the population of bald ea- amendment intended to be proposed by him SA 1316. Mrs. GILLIBRAND (for herself and gles that nested in the State of Alaska was to the bill S. 744, supra; which was ordered to Ms. WARREN) submitted an amendment in- approximately 50,000 to 70,000; lie on the table. Whereas on June 28, 2007, the Secretary of tended to be proposed by her to the bill S. SA 1337. Mr. SCHATZ (for himself, Ms. the Interior removed the bald eagle from the 744, to provide for comprehensive immigra- HIRONO, Mrs. BOXER, and Mr. FRANKEN) sub- list of threatened species published under tion reform and for other purposes; which mitted an amendment intended to be pro- section 4(c)(1) of the Endangered Species Act was ordered to lie on the table. posed by him to the bill S. 744, supra; which of 1973 (16 U.S.C. 1533(c)(1)); SA 1317. Ms. HIRONO submitted an amend- was ordered to lie on the table. Whereas bald eagles remain protected in ment intended to be proposed by her to the SA 1338. Ms. LANDRIEU (for herself, Mrs. accordance with— bill S. 744, supra; which was ordered to lie on SHAHEEN, and Mr. FRANKEN) submitted an (1) the Act entitled ‘‘An Act for the protec- the table. amendment intended to be proposed by her tion of the bald eagle’’, approved June 8, 1940 SA 1318. Mr. WYDEN (for himself, Mrs. to the bill S. 744, supra; which was ordered to (16 U.S.C. 668 et seq.) (commonly known as BOXER, Mr. SCHATZ, Mr. WHITEHOUSE, Mr. lie on the table. the ‘‘Bald Eagle Protection Act of 1940’’); and HEINRICH, and Mr. CARDIN) submitted an SA 1339. Mr. WHITEHOUSE (for himself, (2) the Migratory Bird Treaty Act (16 amendment intended to be proposed by him Mr. REED, Mrs. GILLIBRAND, and Mrs. FEIN- U.S.C. 703 et seq.); to the bill S. 744, supra; which was ordered to STEIN) submitted an amendment intended to Whereas on January 15, 2008, the Secretary lie on the table. be proposed by him to the bill S. 744, supra; of the Treasury issued 3 limited edition bald SA 1319. Mr. LEAHY submitted an amend- which was ordered to lie on the table. eagle commemorative coins under the Amer- ment intended to be proposed by him to the SA 1340. Ms. LANDRIEU (for herself, Ms. ican Bald Eagle Recovery and National Em- bill S. 744, supra; which was ordered to lie on HIRONO, and Mr. FRANKEN) submitted an blem Commemorative Coin Act (Public Law the table. amendment intended to be proposed by her 108–486; 118 Stat. 3934); SA 1320. Mr. CRUZ submitted an amend- to the bill S. 744, supra; which was ordered to Whereas the sale of the limited edition ment intended to be proposed by him to the lie on the table. bald eagle commemorative coins issued by bill S. 744, supra; which was ordered to lie on SA 1341. Ms. LANDRIEU submitted an the Secretary of the Treasury has raised ap- the table. amendment intended to be proposed by her proximately $7,800,000 for the nonprofit SA 1321. Mr. CRUZ submitted an amend- to the bill S. 744, supra; which was ordered to American Eagle Foundation of Pigeon Forge, ment intended to be proposed by him to the lie on the table. Tennessee to support efforts to protect the bill S. 744, supra; which was ordered to lie on SA 1342. Mr. HEINRICH (for himself and bald eagle; the table. Mr. UDALL of New Mexico) submitted an

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Mrs. GILLIBRAND (for her- 2006 (Public Law 109–367)) over 100 percent of reform and for other purposes; which self and Ms. WARREN) submitted an the international border between the United was ordered to lie on the table; as fol- States and Mexico. amendment intended to be proposed by lows: (b) TRIGGERS.—The Secretary may not her to the bill S. 744, to provide for commence processing applications for reg- comprehensive immigration reform On page 855, strike lines 13 through 19. Beginning on page 858, strike line 11 and istered provisional immigrant status pursu- and for other purposes; which was or- all that follows through page 859, line 22. ant to section 245B of the Immigration and dered to lie on the table; as follows: On page 864, strike lines 8 through 10 and Nationality Act, as added by section 2101, or In section 2111, strike ‘‘Except’’ and insert insert the following: blue card status under section 2111 until the Secretary has substantially complied with the following: SEC. 5. COMPREHENSIVE SOUTHERN BORDER SE- (a) ELIGIBILITY FOR LEGAL ASSISTANCE.— CURITY STRATEGY. all of the requirements set forth in sub- Section 504(a)(11) of the Departments of Beginning on page 870, strike line 3 and all section (a). (c) BUDGETARY EFFECTS OF NONCOMPLI- Commerce, Justice, and State, the Judiciary that follows through page 871, line 22. and Related Agencies Appropriations Act, On page 877, beginning on line 1, strike ANCE.— 1996 (Public Law 104–134; 110 Stat. 1321–53) ‘‘technology’’ and all that follows through (1) INITIAL REDUCTIONS.—If, on the date may not be construed to prevent a recipient line 6, and insert ‘‘technology;’’. that is 3 years after the date of the enact- of funds under the Legal Services Corpora- Beginning on page 908, strike line 8 and all ment of this Act, the Secretary has failed to tion Act (42 U.S.C. 2996 et seq.) from pro- that follows through page 911, line 3. substantially comply with all of the require- viding legal assistance related to an applica- Beginning on page 1039, strike line 22 and ments set forth in subsection (a)— tion for registered provisional immigrant all that follows through page 1040, line 2. (A) the amount appropriated to the De- (referred to in this subsection as ‘‘RPI’’) sta- partment for the following fiscal year shall tus under section 245B of the Immigration SA 1319. Mr. LEAHY submitted an be automatically reduced by 20 percent; and Nationality Act, legal assistance to an amendment intended to be proposed by (B) an amount equal to the reduction individual who has been granted RPI status, under subparagraph (A) shall be made avail- him to the bill S. 744, to provide for able, in block grants, to the States of Ari- or legal assistance related to an application comprehensive immigration reform for adjustment of status under section 245C zona, California, New Mexico, and Texas for or 245D of that Act. and for other purposes; which was or- securing the international border between (b) RIGHT OR BENEFIT.—Except dered to lie on the table; as follows: the United States and Mexico; and At the appropriate place, insert the fol- (C) the salary of all political appointees at SA 1317. Ms. HIRONO submitted an lowing: the Department shall be reduced by 20 per- amendment intended to be proposed by SEC. ll. PLACEMENT OF SERVICE CENTERS OF cent. her to the bill S. 744, to provide for U.S. CITIZENSHIP AND IMMIGRATION (2) SUBSEQUENT YEARS.—If, on the date that comprehensive immigration reform SERVICES. is 4, 5, 6, or 7 years after the date of the en- and for other purposes; which was or- The Director of U.S. Citizenship and Immi- actment of this Act, the Secretary has failed gration Services, in reviewing the future to substantially comply with all of the re- dered to lie on the table; as follows: space and staffing needs for service centers quirements set forth in subsection (a)— On page 1300, between lines 11 and 12, insert of U.S. Citizenship and Immigration Serv- (A) the reductions and block grants au- the following: ices, shall develop, to the extent practicable, thorized under subparagraphs (A) and (B) of SEC. 2554. TAXPAYER ELIGIBILITY FOR FEDERAL an effective facility model that encourages paragraph (1) shall increase by an additional PROGRAMS. each service center to centralize its oper- 5 percent of the amount appropriated to the (a) IN GENERAL.—Any individual who— ations into a single headquarters campus in Department before the reduction authorized (1) is lawfully present in the United States; the original geographic location of the cen- under paragraph (1)(A); and (2) is employed; and ter. (B) the salary of all political appointees at (3) has satisfied any applicable Federal tax the Department shall be reduced by an addi- liability (as defined in section 245B(c)(2)(B) SA 1320. Mr. CRUZ submitted an tional 5 percent. of the Immigration and Nationality Act), amendment intended to be proposed by (d) AUTHORIZATION OF APPROPRIATIONS.— shall not be ineligible for any federally-fund- (1) IN GENERAL.—Subject to paragraph (2), ed program or tax credit allowed under the him to the bill S. 744, to provide for comprehensive immigration reform there are authorized to be appropriated to Internal Revenue Code of 1986 solely on the carry out this title such sums as may be nec- basis of the individual’s immigration status. and for other purposes; which was or- essary for each of the fiscal year 2014 (b) SATISFACTION OF REQUIREMENTS.—An dered to lie on the table; as follows: through 2018. individual may demonstrate compliance On page 896, strike line 11 and all that fol- (2) OFFSET.— with the requirements described in sub- low through page 942, line 17, and insert the (A) IN GENERAL.—Any amounts appro- section (a) by submitting appropriate docu- following: priated pursuant to paragraph (1) shall be mentation, in accordance with regulations TITLE I—BORDER SECURITY offset by an equal reduction in the amounts promulgated by the Secretary of Homeland appropriated for other purposes. SEC. 1101. BORDER SECURITY REQUIREMENTS. Security, in consultation with the Secretary (B) RESCISSION.—If the reductions required (a) IN GENERAL.—During the 3-year period of the Treasury. For purposes of paragraph under subparagraph (A) are not made during beginning on the date of the enactment of (2) of subsection (a), such regulations shall the 180-day period beginning on the date of this Act, the Secretary shall— allow for brief periods of unemployment last- the enactment of this Act, there shall be re- (1) triple the number of U.S. Border Patrol ing not more than 60 days. scinded, from all unobligated amounts ap- agents stationed along the international bor- (c) APPLICATION TO SPOUSE OR DEPEND- propriated for any Federal agency (other der between the United States and Mexico; ENT.—Subsection (a) shall apply to the than the Department of Defense), on a pro- (2) quadruple the equipment and other as- spouse of an individual described in that sub- portionate basis, an amount equal to the sets stationed along such border, including section and to any dependent (as defined in amount appropriated pursuant to paragraph cameras, sensors, drones, and helicopters, to section 152 of the Internal Revenue Code of (1). 1986) of the individual without regard to enable continuous monitoring of the border; paragraph (2) of that subsection. (3) complete all of the fencing required SA 1321. Mr. CRUZ submitted an under the Secure Fence Act of 2006 (Public (d) APPLICATION OF HEALTH INSURANCE RE- amendment intended to be proposed by QUIREMENTS.—Notwithstanding any provi- Law 109–367); sion of this Act or any amendment made by (4) develop, in cooperation with the De- him to the bill S. 744, to provide for this Act, for purposes of sections 36B(e) and partment of Defense and all Federal law en- comprehensive immigration reform 5000A(d)(3) of the Internal Revenue Code of forcement agencies, a policy ensuring real- and for other purposes; which was or- 1986 and section 1402(e) of the Patient Pro- time sharing of information among all Fed- dered to lie on the table; as follows: tection and Affordable Care Act (42 U.S.C. eral law enforcement agencies regarding— At the appropriate place, insert the fol- 18071(e)), an individual described in sub- (A) smuggling routes for humans and con- lowing: section (a) or (c) of this section shall be traband; SEC. ll. INELIGIBILITY FOR MEANS-BASED BEN- treated as lawfully present in the United (B) patterns in illegal border crossings; EFITS OF ALIENS ENTERING OR RE- States. (C) new techniques or methods used in MAINING IN UNITED STATES WHILE (e) NONAPPLICATION.—This section shall cross-border illegal activity; and NOT IN LAWFUL STATUS. apply notwithstanding any provision of this (D) all other information pertinent to bor- Notwithstanding any provision of this Act Act or any amendment made by this Act. der security; or any other provision of law, no alien who

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ELIMINATION OF ARBITRARY LIMITA- (i) in subparagraph (A)(i), by striking efit under the Patient Protection and Afford- TION OF FOREIGN NATIONALITIES. ‘‘paragraph (1), (3), or (4) of section 203(a)’’ able Care Act (Pub. L. 111–148), regardless of (a) REPEAL.—Section 202 (8 U.S.C. 1152) is and inserting ‘‘section 203(a)’’; and the alien’s legal status at the time of appli- repealed. (ii) in subparagraph (B)— cation for such benefit. (b) CONFORMING AMENDMENT.—Section (I) in clause (i)(I), by striking ‘‘section 203(b) (8 U.S.C. 1153(b)) is amended by strik- 203(a)(2)’’ and inserting ‘‘section 203(a)’’; and SA 1322. Mr. CRUZ submitted an ing paragraph (6). (II) in clause (ii), by striking ‘‘clause (iii) amendment intended to be proposed by SEC. 2304. ELIMINATION OF DIVERSITY VISA LOT- of section 203(a)(2)(A)’’ each place it appears him to the bill S. 744, to provide for TERY. and inserting ‘‘section 203(a)’’; and comprehensive immigration reform (a) REPEAL.—Section 203(c) (8 U.S.C. (III) in clause (iii), by striking ‘‘section and for other purposes; which was or- 1153(c)) is repealed. 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; (b) CONFORMING AMENDMENTS.—Title II (8 and dered to lie on the table; as follows: U.S.C. 1151 et seq.) is amended— (iii) in subparagraph (D)(i)(I), by striking On page 1076, strike line 20 and insert the (1) in section 201— ‘‘paragraph (1), (2), or (3) of section 203(a)’’ following: (A) in subsection (a), by striking paragraph and inserting ‘‘section 203(a)’’; SEC. 2215. IMMIGRANT CATEGORIES INELIGIBLE (3); and (B) in subsection (a)(2)(A), in the undesig- FOR UNITED STATES CITIZENSHIP. (B) by striking subsection (e); and nated matter after clause (ii), by striking Notwithstanding any other provision of (2) in section 204(a)(1), by striking subpara- ‘‘preference status under section 203(a)(2)’’ law, aliens granted registered provisional graph (I). and inserting ‘‘status as an immediate rel- immigrant status under section 245B of the SEC. 2305. FAMILY-SPONSORED IMMIGRANTS. ative under section 201(b)(2)(A)’’; and Immigration and Nationality Act, as added (a) NUMERICAL LIMITATIONS.—Section 201(c) (C) in subsection (k)(1), by striking ‘‘sec- by section 2101, including aliens described in (8 U.S.C. 1151(c)) is amended to read as fol- tion 203(a)(2)(B)’’ and inserting ‘‘section section 245D(b)(1) of such Act, and aliens lows: 203(a)’’. ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- granted blue card status under section 2211 SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS. are permanently ineligible to become natu- SORED IMMIGRANTS.—The maximum world- ralized citizens of the United States, except wide level of family-sponsored immigrants (a) NUMERICAL LIMITATIONS.—Section 201(d) for aliens granted asylum pursuant to sec- for each fiscal year shall be 337,500.’’. (8 U.S.C. 1151(c)) is amended to read as fol- tion 208 of such Act (8 U.S.C. 1158). (b) VISA ALLOCATION FOR FAMILY-SPON- lows: SORED IMMIGRANTS .—Section 203(a) (8 U.S.C. SEC. 2216. AUTHORIZATION OF APPROPRIATIONS. ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- 1153(a)) is amended to read as follows: BASED IMMIGRANTS.—The maximum world- ‘‘(a) VISA ALLOCATION FOR FAMILY-SPON- wide level of employment-based immigrants SA 1323. Mr. CRUZ submitted an SORED IMMIGRANTS.—Qualified immigrants for each fiscal year shall be 1,012,500.’’. amendment intended to be proposed by who are the unmarried sons or unmarried (b) VISA ALLOCATION FOR EMPLOYMENT- daughters (but not children) of a citizen of him to the bill S. 744, to provide for BASED IMMIGRANTS .—Section 203(b) (8 U.S.C. the United States or an alien lawfully admit- comprehensive immigration reform 1153(a)) is amended to read as follows: and for other purposes; which was or- ted for permanent residence shall be allo- cated all of the visas made available under ‘‘(b) VISA ALLOCATION FOR EMPLOYMENT- dered to lie on the table; as follows: section 201(c).’’. BASED IMMIGRANTS.—Aliens subject to the On page 1076, strike line 20 and insert the (c) EXPANSION OF IMMEDIATE RELATIVE worldwide level specified in section 201(d) for following: DEFINITION.—Section 201(b)(2)(A) (8 U.S.C. employment-based immigrants in a fiscal SEC. 2215. INELIGIBILITY FOR MEANS-BASED 1151(b)(2)(A)) is amended to read as follows: year shall be allocated visas as follows: BENEFITS OF ALIENS ENTERING OR ‘‘(A)(i) Immediate relatives. ‘‘(1) HIGHLY-SKILLED WORKERS.—Up to REMAINING IN UNITED STATES ‘‘(ii) Aliens admitted under section 211(a) 607,500 visas shall be allocated each fiscal WHILE NOT IN LAWFUL STATUS. on the basis of a prior issuance of a visa to year to qualified immigrants described in Notwithstanding any provision of this Act their accompanying parent who is an imme- this paragraph, with preference to be given or any other provision of law, any alien who, diate relative. to immigrants described in subparagraph after entering or remaining in the United ‘‘(iii) In this subparagraph the term ‘imme- (A). States while not in lawful status under the diate relatives’ means the children, spouse, ‘‘(A) ADVANCED DEGREES IN STEM FIELD.— Immigration and Nationality Act (8 U.S.C. and parents of a citizen of the United States An alien described in this paragraph holds an 1101 et seq.), was granted legal status under or of a lawful permanent resident. If the im- advanced degree in science, technology, engi- section 245B of the Immigration and Nation- mediate relative is a parent, the citizen or neering, or mathematics from an accredited ality Act, as added by section 2101, including permanent resident shall be at least 21 years institution of higher education in the United aliens described in section 245D(b)(1) of such of age. If the alien was the spouse of a citizen States. Act, or blue card status under section 2211, of the United States or of a lawful perma- ‘‘(B) ALIENS WITH EXTRAORDINARY ABIL- regardless of the alien’s legal status at the nent resident and was not legally separated ITY.—An alien described in this subpara- time the alien applies for a benefit described from the citizen or permanent resident at graph— in paragraph (1) or (2), shall not be eligible the time of the citizen’s or permanent resi- ‘‘(i) has extraordinary ability in the for— dent’s death, the alien (and each child of the sciences, arts, education, business, or ath- (1) any Federal, State, or local government alien) shall be considered, for purposes of letics which has been demonstrated by sus- means-tested benefit; or this subparagraph, to remain an immediate tained national or international acclaim and (2) any benefit under the Patient Protec- relative after the date of the citizen’s or per- whose achievements have been recognized in tion and Affordable Care Act (Pub. L. 111– manent resident’s death and until the date the field through extensive documentation; 148). the spouse remarries if the spouse files a pe- ‘‘(ii) seeks to enter the United States to SEC. 2216. IMMIGRANT CATEGORIES INELIGIBLE tition under section 204(a)(1)(A)(ii) not later continue work in the area of extraordinary FOR UNITED STATES CITIZENSHIP. than 2 years after such death. An alien who ability; and Notwithstanding any other provision of has filed a petition under clause (iii) or (iv) ‘‘(iii) will substantially benefit the United law, aliens granted registered provisional of section 204(a)(1)(A) shall remain an imme- States. immigrant status under section 245B of the diate relative if the United States citizen or ‘‘(C) OUTSTANDING PROFESSORS AND RE- Immigration and Nationality Act, as added lawful permanent resident spouse or parent SEARCHERS.—An alien described in this sub- by section 2101, including aliens described in loses United States citizenship or lawful per- paragraph— section 245D(b)(1) of such Act, and aliens manent resident status on account of the ‘‘(i) is recognized internationally as out- granted blue card status under section 2211 abuse.’’. standing in a specific academic area; are permanently ineligible to become natu- (d) CONFORMING AMENDMENTS.—The Act (8 ‘‘(ii) has at least 3 years of experience in ralized citizens of the United States, except U.S.C. 1101 et seq.) is amended— teaching or research in the academic area; for aliens granted asylum pursuant to sec- (1) in section 101(a)(15)(V), by striking and tion 208 of such Act (8 U.S.C. 1158). ‘‘203(a)(2)(A)’’ each place it appears and in- ‘‘(iii) seeks to enter the United States— SEC. 2217. AUTHORIZATION OF APPROPRIATIONS. serting ‘‘203(a)’’; ‘‘(I) for a tenured position (or tenure-track (2) in section 201(f)— position) within a university or institution (A) in paragraph (2), by striking of higher education to teach in the academic SA 1324. Mr. CRUZ submitted an ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)’’; and area; amendment intended to be proposed by (B) by striking paragraph (3); and ‘‘(II) for a comparable position with a uni- him to the bill S. 744, to provide for (C) by redesignating paragraph (4) as para- versity or institution of higher education to comprehensive immigration reform graph (3); and conduct research in the area; or

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.035 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4594 CONGRESSIONAL RECORD — SENATE June 18, 2013 ‘‘(III) for a comparable position to conduct Secretary may charge individuals who apply ‘‘(i) 60 percent shall be deposited in the H– research in the area with a department, divi- for such status through the online portal es- 1B Nonimmigrant Petitioner Account in ac- sion, or institute of a private employer, if tablished pursuant to subsection (a) a fee in cordance with section 286(s); and the department, division, or institute em- an amount sufficient to pay for the costs of ‘‘(ii) 40 percent shall be deposited in the ploys at least 3 persons full-time in research maintaining the online portal. STEM Education and Training Account es- activities and has achieved documented ac- (d) TIME LIMITATION.—All petitions sub- tablished under section 286(w).’’. complishments in an academic field. mitted through the online portal established (b) STEM EDUCATION AND TRAINING AC- ‘‘(D) CERTAIN MULTINATIONAL EXECUTIVES pursuant to subsection (a) shall be adju- COUNT.—Section 286 (8 U.S.C. 1356) is amend- AND MANAGERS.—An alien described in this dicated in 60 days or less. ed by adding at the end the following: subparagraph, in the 3 years preceding the (e) ‘‘(w) STEM EDUCATION AND TRAINING AC- time of the alien’s application for classifica- COUNT.— tion and admission into the United States SA 1325. Mr. CRUZ submitted an ‘‘(1) IN GENERAL.—There is established in under this subparagraph, has been employed amendment intended to be proposed by the general fund of the Treasury a separate for at least 1 year by a firm or corporation or him to the bill S. 744, to provide for account, which shall be known as the ‘STEM other legal entity or an affiliate or sub- comprehensive immigration reform Education and Training Account’ (referred sidiary thereof and the alien seeks to enter to in this subsection as the ‘Account’). and for other purposes; which was or- the United States in order to continue to ‘‘(2) DEPOSITS.—There shall be deposited as render services to the same employer or to a dered to lie on the table; as follows: offsetting receipts into the Account 40 per- subsidiary or affiliate thereof in a capacity Beginning on page 1629, strike line 7 and cent of the fees collected under section that is managerial or executive. all that follows through page 1714, line 19, 214(c)(9)(B). ‘‘(E) SKILLED WORKERS, PROFESSIONALS, AND and insert the following: ‘‘(3) USE OF FUNDS.—Amounts deposited in OTHER WORKERS.—An alien described in this SEC. 4101. MARKET-BASED H–1B VISA LIMITS. the Account may be used to enhance the eco- subparagraph— (a) IN GENERAL.—Section 214(g)(1) (8 U.S.C. nomic competitiveness of the United States ‘‘(i) is capable, at the time of petitioning 1184(g)(1)) is amended— by— for classification under this paragraph, of (1) in the matter preceding subparagraph ‘‘(A) establishing a block grant program performing skilled labor (requiring at least 2 (A), by striking ‘‘(beginning with fiscal year for States to promote STEM education; and years training or experience), not of a tem- 1992)’’; and ‘‘(B) carrying out programs to bridge porary or seasonal nature, for which quali- (2) by amending subparagraph (A) to read STEM education with employment, such as fied workers are not available in the United as follows: work-study program.’’. States; or ‘‘(A) under section 101(a)(15)(H)(i)(b) may ‘‘(ii) holds a baccalaureate degree and is a not exceed— SA 1326. Mr. CRUZ submitted an members of the professions. ‘‘(i) 65,000 in fiscal year 2013; and amendment intended to be proposed by ‘‘(F) EMPLOYMENT CREATION.—An alien de- ‘‘(ii) 325,000 in each subsequent fiscal year; him to the bill S. 744, to provide for scribed in this subparagraph seeks to enter and’’; comprehensive immigration reform the United States for the purpose of engag- SEC. 4102. WORK AUTHORIZATION FOR DEPEND- and for other purposes; which was or- ing in a new commercial enterprise (includ- ENT SPOUSES OF H–1B NON- dered to lie on the table; as follows: ing a limited partnership)— IMMIGRANTS. ‘‘(i) in which such alien has invested (after Section 214(n) (8 U.S.C. 1184(n)) is amend- Beginning on page 1166, strike line 3 and the date of the enactment of the Immigra- ed— all that follows through ‘‘(d)’’ on page 1217, tion Act of 1990) or, is actively in the process (1) by amending the subsection heading to line 8, and insert the following: of investing, capital in an amount not less read as follows ‘‘EMPLOYMENT AUTHORIZATION SEC. 2303. ELIMINATION OF ARBITRARY LIMITA- TION OF FOREIGN NATIONALITIES. than $1,000,000; and FOR H–1B NONIMMIGRANTS AND THEIR (a) REPEAL.—Section 202 (8 U.S.C. 1152) is ‘‘(ii) which will benefit the United States SPOUSES’’; and economy and create full-time employment (2) by adding at the end the following: repealed. (b) CONFORMING AMENDMENT.—Section for not fewer than 10 United States citizens ‘‘(3) The spouse of an alien provided non- 203(b) (8 U.S.C. 1153(b)) is amended by strik- or aliens lawfully admitted for permanent immigrant status under section ing paragraph (6). residence or other immigrants lawfully au- 101(a)(15)(H)(i)(b) is authorized to accept em- thorized to be employed in the United States ployment in the United States while his or SEC. 2304. ELIMINATION OF DIVERSITY VISA LOT- TERY. (other than the immigrant and the immi- her principal alien spouse lawfully maintains (a) REPEAL.—Section 203(c) (8 U.S.C. grant’s spouse, sons, or daughters). such status while in the United States.’’. 1153(c)) is repealed. ‘‘(2) WORKERS IN DESIGNATED SHORTAGE OC- SEC. 4103. AUTHORIZATION OF DUAL INTENT. (b) CONFORMING AMENDMENTS.—Title II (8 CUPATIONS.—Up to 405,000 visas shall be allo- (a) DEFINITION.—Section 101(a)(15)(F)(i) (8 U.S.C. 1151 et seq.) is amended— cated each fiscal year to qualified immi- U.S.C. 1101(a)(15)(F)(i)) is amended by strik- (1) in section 201— grants who— ing ‘‘which he has no intention of aban- (A) in subsection (a), by striking paragraph ‘‘(A) are not described in paragraph (1); and doning’’ and inserting ‘‘which, if the alien is (3); and ‘‘(B) have at least 2 years experience in an not pursuing a course of study at an accred- (B) by striking subsection (e); and occupation designated by the Bureau of ited institution of higher education (as de- (2) in section 204(a)(1), by striking subpara- Labor Statistics as experiencing a shortage fined in section 101 of the Higher Education graph (I). of labor throughout the United States.’’. Act of 1965 (20 U.S.C. 1001)), the alien has no SEC. 2305. FAMILY-SPONSORED IMMIGRANTS. (c) TREATMENT OF FAMILY MEMBERS.—Sec- intention of abandoning’’. tion 203(d) (8 U.S.C. 1153(d)) is amended— (a) NUMERICAL LIMITATIONS.—Section 201(c) (b) PRESUMPTION OF STATUS; INTENTION TO (1) by striking ‘‘(a), (b), or (c)’’ and insert- (8 U.S.C. 1151(c)) is amended to read as fol- ABANDON FOREIGN RESIDENCE.—Section 214 (8 ing ‘‘(a) or (b)’’; and lows: U.S.C. 1184) is amended— ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- (2) by adding at the end the following: (1) in subsection (b), by striking ‘‘(L) or ‘‘The spouse, children, or parents of an alien SORED IMMIGRANTS.—The maximum world- (V)’’ and inserting ‘‘(F), (L), or (V)’’; and wide level of family-sponsored immigrants receiving a visa under subsection 203(b) who (2) in subsection (h), by striking ‘‘(H)(i)(b) are accompanying or following to join the for each fiscal year shall be 337,500.’’. or (c)’’ and inserting ‘‘(F), (H)(i)(b), (b) VISA ALLOCATION FOR FAMILY-SPON- alien shall be counted against the numerical (H)(i)(c)’’. limitations set forth in subsection (b).’’. SORED IMMIGRANTS .—Section 203(a) (8 U.S.C. SEC. 4104. H–1B FEE INCREASE. SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMA- 1153(a)) is amended to read as follows: NENT RESIDENT APPLICATIONS. (a) IN GENERAL.—Section 214(c)(9) (8 U.S.C. ‘‘(a) VISA ALLOCATION FOR FAMILY-SPON- (a) ESTABLISHMENT.—The Secretary shall 1184(c)(9)) is amended by striking subpara- SORED IMMIGRANTS.—Qualified immigrants establish an online portal through which in- graphs (B) and (C) and inserting the fol- who are the unmarried sons or unmarried dividuals may submit applications for lawful lowing: daughters (but not children) of a citizen of permanent resident status. ‘‘(B) The amount of the fee imposed under the United States or an alien lawfully admit- (b) FEATURES.—The online portal estab- subparagraph (A) shall be— ted for permanent residence shall be allo- lished pursuant to subsection (a) shall pro- ‘‘(i) $2,500 for each such petition by an em- cated all of the visas made available under vide— ployer with more than 25 full-time equiva- section 201(c).’’. (1) step-by-step instructions, in plain lent employees who are employed in the (c) EXPANSION OF IMMEDIATE RELATIVE English, describing what information and United States, including any affiliate or sub- DEFINITION.—Section 201(b)(2)(A) (8 U.S.C. supporting documentation is required to be sidiary of such employer; or 1151(b)(2)(A)) is amended to read as follows: submitted; ‘‘(ii) $1,250 for each such petition by any ‘‘(A)(i) Immediate relatives. (2) an e-mail or text message to notify ap- employer with not more than 25 full-time ‘‘(ii) Aliens admitted under section 211(a) plicants of changes in the status of their ap- equivalent employees who are employed in on the basis of a prior issuance of a visa to plication. the United States , including any affiliate or their accompanying parent who is an imme- (c) USER FEE.—In addition to any other subsidiary of such employer. diate relative. fees required of applicants for lawful perma- ‘‘(C) Of the amounts collected under this ‘‘(iii) In this subparagraph the term ‘imme- nent under any other provision of law, the paragraph— diate relatives’ means the children, spouse,

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.036 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4595 and parents of a citizen of the United States advanced degree in science, technology, engi- ‘‘(A) are not described in paragraph (1); and or of a lawful permanent resident. If the im- neering, or mathematics from an accredited ‘‘(B) have at least 2 years experience in an mediate relative is a parent, the citizen or institution of higher education in the United occupation designated by the Bureau of permanent resident shall be at least 21 years States. Labor Statistics as experiencing a shortage of age. If the alien was the spouse of a citizen ‘‘(B) ALIENS WITH EXTRAORDINARY ABIL- of labor throughout the United States.’’. of the United States or of a lawful perma- ITY.—An alien described in this subpara- (c) TREATMENT OF FAMILY MEMBERS.—Sec- nent resident and was not legally separated graph— tion 203(d) (8 U.S.C. 1153(d)) is amended— from the citizen or permanent resident at ‘‘(i) has extraordinary ability in the (1) by striking ‘‘(a), (b), or (c)’’ and insert- the time of the citizen’s or permanent resi- sciences, arts, education, business, or ath- ing ‘‘(a) or (b)’’; and dent’s death, the alien (and each child of the letics which has been demonstrated by sus- (2) by adding at the end the following: alien) shall be considered, for purposes of tained national or international acclaim and ‘‘The spouse, children, or parents of an alien this subparagraph, to remain an immediate whose achievements have been recognized in receiving a visa under subsection 203(b) who relative after the date of the citizen’s or per- the field through extensive documentation; are accompanying or following to join the manent resident’s death and until the date ‘‘(ii) seeks to enter the United States to alien shall be counted against the numerical the spouse remarries if the spouse files a pe- continue work in the area of extraordinary limitations set forth in subsection (b).’’. tition under section 204(a)(1)(A)(ii) not later ability; and SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMA- than 2 years after such death. An alien who ‘‘(iii) will substantially benefit the United NENT RESIDENT APPLICATIONS. has filed a petition under clause (iii) or (iv) States. (a) ESTABLISHMENT.—The Secretary shall of section 204(a)(1)(A) shall remain an imme- ‘‘(C) OUTSTANDING PROFESSORS AND RE- establish an online portal through which in- diate relative if the United States citizen or SEARCHERS.—An alien described in this sub- dividuals may submit applications for lawful lawful permanent resident spouse or parent paragraph— permanent resident status. (b) FEATURES.—The online portal estab- loses United States citizenship or lawful per- ‘‘(i) is recognized internationally as out- lished pursuant to subsection (a) shall pro- manent resident status on account of the standing in a specific academic area; ‘‘(ii) has at least 3 years of experience in vide— abuse.’’. (1) step-by-step instructions, in plain (d) CONFORMING AMENDMENTS.—The Act (8 teaching or research in the academic area; and English, describing what information and U.S.C. 1101 et seq.) is amended— supporting documentation is required to be (1) in section 101(a)(15)(V), by striking ‘‘(iii) seeks to enter the United States— ‘‘(I) for a tenured position (or tenure-track submitted; ‘‘203(a)(2)(A)’’ each place it appears and in- (2) an e-mail or text message to notify ap- serting ‘‘203(a)’’; position) within a university or institution of higher education to teach in the academic plicants of changes in the status of their ap- (2) in section 201(f)— plication. (A) in paragraph (2), by striking area; ‘‘(II) for a comparable position with a uni- (c) USER FEE.—In addition to any other ‘‘203(a)(2)(A)’’ and inserting ‘‘203(a)’’; and fees required of applicants for lawful perma- (B) by striking paragraph (3); and versity or institution of higher education to conduct research in the area; or nent under any other provision of law, the (C) by redesignating paragraph (4) as para- Secretary may charge individuals who apply graph (3); and ‘‘(III) for a comparable position to conduct research in the area with a department, divi- for such status through the online portal es- (D) in paragraph (3), as redesignated, by sion, or institute of a private employer, if tablished pursuant to subsection (a) a fee in striking ‘‘(1) through (3)’’ and inserting ‘‘(1) the department, division, or institute em- an amount sufficient to pay for the costs of and (2)’’; and ploys at least 3 persons full-time in research maintaining the online portal. (3) in section 204— (d) TIME LIMITATION.—All petitions sub- activities and has achieved documented ac- (A) in subsection (a)(1)— mitted through the online portal established complishments in an academic field. (i) in subparagraph (A)(i), by striking pursuant to subsection (a) shall be adju- ‘‘(D) CERTAIN MULTINATIONAL EXECUTIVES ‘‘paragraph (1), (3), or (4) of section 203(a)’’ dicated in 60 days or less. AND MANAGERS.—An alien described in this and inserting ‘‘section 203(a)’’; and (e) subparagraph, in the 3 years preceding the (ii) in subparagraph (B)— time of the alien’s application for classifica- Beginning on page 1629, strike line 7 and (I) in clause (i)(I), by striking ‘‘section tion and admission into the United States all that follows through page 1714, line 19, and insert the following: 203(a)(2)’’ and inserting ‘‘section 203(a)’’; and under this subparagraph, has been employed (II) in clause (ii), by striking ‘‘clause (iii) for at least 1 year by a firm or corporation or SEC. 4101. MARKET-BASED H–1B VISA LIMITS. of section 203(a)(2)(A)’’ each place it appears other legal entity or an affiliate or sub- (a) IN GENERAL.—Section 214(g)(1) (8 U.S.C. and inserting ‘‘section 203(a)’’; and sidiary thereof and the alien seeks to enter 1184(g)(1)) is amended— (III) in clause (iii), by striking ‘‘section the United States in order to continue to (1) in the matter preceding subparagraph 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; render services to the same employer or to a (A), by striking ‘‘(beginning with fiscal year and subsidiary or affiliate thereof in a capacity 1992)’’; and (iii) in subparagraph (D)(i)(I), by striking that is managerial or executive. (2) by amending subparagraph (A) to read ‘‘paragraph (1), (2), or (3) of section 203(a)’’ ‘‘(E) SKILLED WORKERS, PROFESSIONALS, AND as follows: and inserting ‘‘section 203(a)’’; OTHER WORKERS.—An alien described in this ‘‘(A) under section 101(a)(15)(H)(i)(b) may (B) in subsection (a)(2)(A), in the undesig- subparagraph— not exceed— nated matter after clause (ii), by striking ‘‘(i) is capable, at the time of petitioning ‘‘(i) 65,000 in fiscal year 2013; and ‘‘preference status under section 203(a)(2)’’ for classification under this paragraph, of ‘‘(ii) 325,000 in each subsequent fiscal year; and inserting ‘‘status as an immediate rel- performing skilled labor (requiring at least 2 and’’; ative under section 201(b)(2)(A)’’; and years training or experience), not of a tem- SEC. 4102. WORK AUTHORIZATION FOR DEPEND- (C) in subsection (k)(1), by striking ‘‘sec- porary or seasonal nature, for which quali- ENT SPOUSES OF H–1B NON- tion 203(a)(2)(B)’’ and inserting ‘‘section fied workers are not available in the United IMMIGRANTS. Section 214(n) (8 U.S.C. 1184(n)) is amend- 203(a)’’. States; or ed— SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS. ‘‘(ii) holds a baccalaureate degree and is a (1) by amending the subsection heading to (a) NUMERICAL LIMITATIONS.—Section 201(d) members of the professions. read as follows ‘‘EMPLOYMENT AUTHORIZATION (8 U.S.C. 1151(c)) is amended to read as fol- ‘‘(F) EMPLOYMENT CREATION.—An alien de- FOR H–1B NONIMMIGRANTS AND THEIR lows: scribed in this subparagraph seeks to enter SPOUSES’’; and ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- the United States for the purpose of engag- (2) by adding at the end the following: BASED IMMIGRANTS.—The maximum world- ing in a new commercial enterprise (includ- ‘‘(3) The spouse of an alien provided non- wide level of employment-based immigrants ing a limited partnership)— immigrant status under section for each fiscal year shall be 1,012,500.’’. ‘‘(i) in which such alien has invested (after 101(a)(15)(H)(i)(b) is authorized to accept em- (b) VISA ALLOCATION FOR EMPLOYMENT- the date of the enactment of the Immigra- ployment in the United States while his or BASED IMMIGRANTS .—Section 203(b) (8 U.S.C. tion Act of 1990) or, is actively in the process her principal alien spouse lawfully maintains 1153(a)) is amended to read as follows: of investing, capital in an amount not less such status while in the United States.’’. ‘‘(b) VISA ALLOCATION FOR EMPLOYMENT- than $1,000,000; and SEC. 4103. AUTHORIZATION OF DUAL INTENT. BASED IMMIGRANTS.—Aliens subject to the ‘‘(ii) which will benefit the United States (a) DEFINITION.—Section 101(a)(15)(F)(i) (8 worldwide level specified in section 201(d) for economy and create full-time employment U.S.C. 1101(a)(15)(F)(i)) is amended by strik- employment-based immigrants in a fiscal for not fewer than 10 United States citizens ing ‘‘which he has no intention of aban- year shall be allocated visas as follows: or aliens lawfully admitted for permanent doning’’ and inserting ‘‘which, if the alien is ‘‘(1) HIGHLY-SKILLED WORKERS.—Up to residence or other immigrants lawfully au- not pursuing a course of study at an accred- 607,500 visas shall be allocated each fiscal thorized to be employed in the United States ited institution of higher education (as de- year to qualified immigrants described in (other than the immigrant and the immi- fined in section 101 of the Higher Education this paragraph, with preference to be given grant’s spouse, sons, or daughters). Act of 1965 (20 U.S.C. 1001)), the alien has no to immigrants described in subparagraph ‘‘(2) WORKERS IN DESIGNATED SHORTAGE OC- intention of abandoning’’. (A). CUPATIONS.—Up to 405,000 visas shall be allo- (b) PRESUMPTION OF STATUS; INTENTION TO ‘‘(A) ADVANCED DEGREES IN STEM FIELD.— cated each fiscal year to qualified immi- ABANDON FOREIGN RESIDENCE.—Section 214 (8 An alien described in this paragraph holds an grants who— U.S.C. 1184) is amended—

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.036 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4596 CONGRESSIONAL RECORD — SENATE June 18, 2013 (1) in subsection (b), by striking ‘‘(L) or SEC. ll. IMPROVED COLLECTION AND USE OF SEC. 4408. J VISA ELIGIBILITY. (V)’’ and inserting ‘‘(F), (L), or (V)’’; and LABOR MARKET INFORMATION. (a) SPEAKERS OF CERTAIN FOREIGN LAN- (2) in subsection (h), by striking ‘‘(H)(i)(b) (a) IN GENERAL.—Section 1137 of the Social GUAGES.—Section 101(a)(15)(J) (8 U.S.C. or (c)’’ and inserting ‘‘(F), (H)(i)(b), Security Act (42 U.S.C. 1320b–7) is amended— 1101(a)(15)(J)) is amended to read as follows: (H)(i)(c)’’. (1) in subsection (a)— On page 1744, between lines 16 and 17, insert SEC. 4104. H–1B FEE INCREASE. (A) in paragraph (2), by inserting ‘‘(includ- the following: (a) IN GENERAL.—Section 214(c)(9) (8 U.S.C. ing the occupational information under sub- (c) SUMMER WORK TRAVEL PROGRAM EM- 1184(c)(9)) is amended by striking subpara- section (g))’’ after ‘‘paragraph (3) of this sub- PLOYMENT IN SEAFOOD PROCESSING.—Not- graphs (B) and (C) and inserting the fol- section’’; and withstanding any other provision of law or lowing: (B) in paragraph (3), by striking ‘‘employ- regulation, including part 62 of title 22, Code ‘‘(B) The amount of the fee imposed under ers (as defined’’ and inserting ‘‘subject to of Federal Regulations or any proposed rule, subparagraph (A) shall be— subsection (g), employers (as defined’’; and the Secretary of State shall permit partici- ‘‘(i) $2,500 for each such petition by an em- (2) by adding at the end the following new pants in the Summer Work Travel program ployer with more than 25 full-time equiva- subsection: described in section 62.32 of such title 22 who lent employees who are employed in the ‘‘(g)(1) Beginning January 1, 2016, each are admitted under section 101(a)(15)(J) of United States, including any affiliate or sub- quarterly wage report required to be sub- the Immigration and Nationality Act (8 sidiary of such employer; or mitted by an employer under subsection U.S.C. 1101(a)(15)(J)), as amended by sub- ‘‘(ii) $1,250 for each such petition by any (a)(3) shall include such occupational infor- section (a), to be employed in seafood proc- employer with not more than 25 full-time mation with respect to each employee of the essing positions in Alaska. equivalent employees who are employed in employer that permits the classification of the United States , including any affiliate or such employees into occupational categories SA 1330. Mr. VITTER submitted an subsidiary of such employer. as found in the Standard Occupational Clas- amendment intended to be proposed by ‘‘(C) Of the amounts collected under this sification (SOC) system. him to the bill S. 744, to provide for paragraph— ‘‘(2) The State agency receiving the occu- comprehensive immigration reform ‘‘(i) 60 percent shall be deposited in the H– pational information described in paragraph and for other purposes; which was or- 1B Nonimmigrant Petitioner Account in ac- (1) shall make such information available to dered to lie on the table; as follows: cordance with section 286(s); and the Secretary of Labor pursuant to proce- ‘‘(ii) 40 percent shall be deposited in the dures established by the Secretary of Labor. On page 945, between lines 20 and 21, insert STEM Education and Training Account es- ‘‘(3)(A)(i) The Secretary of Labor shall the following: tablished under section 286(w).’’. make occupational information submitted ‘‘(III) an offense, unless the applicant dem- (b) STEM EDUCATION AND TRAINING AC- under paragraph (2) available to other State onstrates to the Secretary, by clear and con- COUNT.—Section 286 (8 U.S.C. 1356) is amend- and Federal agencies, including the United vincing evidence, that he or she is innocent ed by adding at the end the following: States Census Bureau, the Bureau of Labor of the offense, that he or she is the victim of ‘‘(w) STEM EDUCATION AND TRAINING AC- Statistics, and other State and Federal re- such offense, or that no offense occurred, COUNT.— search agencies. that— ‘‘(1) IN GENERAL.—There is established in ‘‘(ii) Disclosure of occupational informa- ‘‘(aa) is classified as a misdemeanor in the the general fund of the Treasury a separate tion under clause (i) shall be subject to the convicting jurisdiction; and account, which shall be known as the ‘STEM agency having safeguards in place that meet ‘‘(bb) involved— Education and Training Account’ (referred the requirements under paragraph (4). ‘‘(AA) domestic violence (as defined in sec- to in this subsection as the ‘Account’). ‘‘(4) The Secretary of Labor shall establish tion 40002(a) of the Violence Against Women ‘‘(2) DEPOSITS.—There shall be deposited as and implement safeguards for the dissemina- Act of 1994 (42 U.S.C. 13925(a)); or offsetting receipts into the Account 40 per- tion and, subject to paragraph (5), the use of ‘‘(BB) child abuse and neglect (as defined cent of the fees collected under section occupational information received under this in section 40002(a) of the Violence Against 214(c)(9)(B). subsection. Women Act of 1994 (42 U.S.C. 13925(a)); ‘‘(3) USE OF FUNDS.—Amounts deposited in ‘‘(5) Occupational information received the Account may be used to enhance the eco- under this subsection shall only be used to SA 1331. Mr. CARPER submitted an nomic competitiveness of the United States classify employees into occupational cat- amendment intended to be proposed by by— egories as found in the Standard Occupa- him to the bill S. 744, to provide for ‘‘(A) establishing a block grant program tional Classification (SOC) system and to comprehensive immigration reform for States to promote STEM education; and analyze and evaluate occupations in order to improve the labor market for workers and and for other purposes; which was or- ‘‘(B) carrying out programs to bridge dered to lie on the table; as follows: STEM education with employment, such as industries. ‘‘(6) The Secretary of Labor shall establish At the appropriate place, insert the fol- work-study program.’’. procedures to verify the accuracy of informa- lowing: SA 1327. Mr. BLUMENTHAL (for tion received under paragraph (2).’’. SEC. lll. PREVENTING UNAUTHORIZED IMMI- (b) ADVISORY COMMITTEE.— GRATION TRANSITING THROUGH URKOWSKI himself and Ms. M ) submitted (1) ESTABLISHMENT.—Not later than one MEXICO. an amendment intended to be proposed year after the date of the enactment of this (a) IN GENERAL.—The Secretary of State, by him to the bill S. 744, to provide for Act, the Secretary of Labor shall establish in conjunction with the Secretary of Home- comprehensive immigration reform an advisory committee to advise the Sec- land Security, shall develop and submit to and for other purposes; which was or- retary on the implementation of subsection Congress a strategy to address the unauthor- dered to lie on the table; as follows: (g) of section 1137 of the Social Security Act, ized immigration of individuals who transit On page 1004, between lines 4 and 5, insert as added by subsection (a). through Mexico. the following: (2) MEMBERSHIP.—The advisory committee (b) REQUIREMENTS.—The strategy devel- oped under subsection (a) shall include spe- ‘‘(F) SPECIAL RULE FOR CHILDREN.—Not- shall include— withstanding subparagraph (A), the Sec- (A) State government officials, representa- cific steps— retary may adjust the status of a registered tives of small, medium, and large businesses, (1) to enhance the training, resources, and provisional immigrant to the status of an representatives of labor organizations, labor professionalism of border and law enforce- alien lawfully admitted for permanent resi- market analysts, privacy and data experts, ment officials in Mexico, Honduras, El Sal- dence if the alien— and non-profit stakeholders; and vador, Guatemala, and other countries, as ‘‘(i) satisfies the requirements under (B) such other individuals determined ap- appropriate; and clauses (i) and (ii) of subparagraph (A); propriate by the Secretary of Labor. (2) to educate nationals of the countries ‘‘(ii) is under 18 years of age on the date (3) MEETINGS.—The advisory committee described in paragraph (1) about the perils of the alien submits an application for such ad- shall meet no less than annually. the journey to the United States, including justment; and (4) TERMINATION.—The advisory committee how this Act will increase the likelihood of ‘‘(iii) is enrolled in school or has completed shall terminate on the date that is 3 years apprehension, increase criminal penalties as- a general education development certificate after the date of the first meeting of the sociated with illegal entry, and make finding on the date the alien submits an application committee. employment in the United States more dif- for such adjustment. ficult. SA 1329. Ms. MURKOWSKI (for her- (c) IMPLEMENTATION OF STRATEGY.—In car- SA 1328. Mr. WYDEN submitted an self and Mr. BEGICH) submitted an rying out the strategy developed under sub- amendment intended to be proposed by amendment intended to be proposed by section (a)— her to the bill S. 744, to provide for (1) the Secretary of Homeland Security, in him to the bill S. 744, to provide for coordination with the Secretary of State, comprehensive immigration reform comprehensive immigration reform shall produce an educational campaign and and for other purposes; which was or- and for other purposes; which was or- disseminate information about the perils of dered to lie on the table; as follows: dered to lie on the table; as follows: the journey across Mexico, the likelihood of At the appropriate place, insert the fol- On page 1743, strike lines 1 through 4, and apprehension, and the difficulty of finding lowing: insert the following: employment in the United States; and

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.036 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4597 (2) the Secretary of State, in conjunction pended blue card status pursuant to section him to the bill S. 744, to provide for with the Secretary of Homeland Security, 2211 of this Act shall be allowed to file paper- comprehensive immigration reform shall offer— work to adjust status from nonimmigrant to and for other purposes; which was or- immigrant or any work visa status. (A) training to border and law enforcement dered to lie on the table; as follows: officials to enable these officials to operate (i) TIME PERIOD FOR APPLICATION.—Not- more effectively, by using, to the greatest withstanding any other provision of law, all At the appropriate place insert the fol- extent practicable, Department of Homeland persons eligible for the suspended registered lowing: Security personnel to conduct the training; provisional immigrant status pursuant to SEC. lll. PROHIBITION OF A NATIONAL IDEN- and section 245B of the Immigration and Nation- TIFICATION CARD OR A NATIONAL (B) technical assistance and equipment to ality Act, as added by this Act, and all per- CITIZEN REGISTRY. (a) SHORT TITLE.—This section may be border officials, including computers, docu- sons eligible for the suspended blue card sta- cited as the ‘‘Protect Our Privacy Act’’. ment readers, and other forms of technology tus pursuant to section 2211 of this Act shall (b) RULE OF CONSTRUCTION.—Nothing in that may be needed. be and are prima facie eligible for a work this Act, the amendments made by this Act, (d) AVAILABILITY OF FUNDS.—The Secretary visa and may not be removed by the Sec- of Homeland Security may use such sums as retary for a period of 1 year after the date of or any other provision of law may be con- are necessary from the Comprehensive Immi- the enactment of this Act and shall be al- strued as authorizing, directly or indirectly, gration Trust Fund established under section lowed to apply for an existing visa. the issuance, use, or establishment of a na- 6(a)(1) to carry out this section. (j) NO SPECIAL PREFERENCE FOR UNDOCU- tional identification card or system. MENTED INDIVIDUALS PATHWAY TO CITIZEN- (c) LIMITATIONS ON IDENTIFICATION OF SA 1332. Mr. PAUL submitted an SHIP.—Notwithstanding any other provision UNITED STATES CITIZENS.— amendment intended to be proposed by of law, all persons eligible for the suspended (1) BIOMETRIC INFORMATION.—United States registered provisional immigrant status pur- citizens shall not be subject to any Federal him to the bill S. 744, to provide for suant to section 245B of the Immigration and or State law, mandate, or requirement that comprehensive immigration reform Nationality Act, as added by this Act, and they provide photographs or biometric infor- and for other purposes; which was or- all persons eligible for the suspended blue mation without probable cause. dered to lie on the table; as follows: card status pursuant to section 2211 of this (2) PHOTO TOOL.—As used in section 274A of At the appropriate place, insert the fol- Act shall not be granted special preference the Immigration and Nationality Act, as lowing: with regard to permanent resident status or amended by section 3101, the term ‘‘photo SEC. llll. CHANGES TO EXISTING VISA PRO- United States citizenship. tool’’ may not be construed to allow the Fed- GRAMS. (k) APPLICANTS CAN STAY IN UNITED eral Government to require United States (a) SHORT TITLE.—This section may be STATES WHILE APPLYING FOR VISA.—Notwith- citizens to provide a photograph to the Fed- cited as the ‘‘No New Pathway to Citizenship standing any other provision of law, all per- eral Government, other than photographs for Act’’. sons eligible for the suspended registered Federal employment identification docu- (b) REGISTERED PROVISIONAL IMMIGRANT provisional immigrant status pursuant to ments and United States passports. STATUS SUSPENDED.—Notwithstanding any section 245B of the Immigration and Nation- (3) BIOMETRIC SOCIAL SECURITY CARDS.— other provision of law, the Secretary shall ality Act, as added by this Act, and all per- Notwithstanding section 3102, any other pro- not process applications for registered provi- sons eligible for the suspended blue card sta- vision of this Act, the amendments made by sional immigrant status pursuant to section tus pursuant to section 2211 of this Act shall this Act, or any other provision of law, the 245B of the Immigration and Nationality be allowed to apply for immigrant visas si- Federal Government may not require United Act, as added by this Act. multaneously without having to leave the States citizens to carry, or to be issued, a bi- (c) BLUE CARD STATUS SUSPENDED.—Not- country and subject to existing law, as ometric social security card. withstanding any other provision of law, the amended by this Act, to petition for legal (4) CITIZEN REGISTRY.—Notwithstanding Secretary shall not process applications for permanent resident status and citizenship if any provision of this Act, the amendments blue card status pursuant to section 2211 of they qualify under this Act or the Immigra- made by this Act, or any other law, the Fed- this Act. tion and Nationality Act, as amended. eral Government is not authorized to create (l) RULE OF CONSTRUCTION.—Section (d) ALL NUMERICAL CAPS TO EMPLOYMENT- a de facto national registry of citizens. 245C(c)(2) of the Immigration and Nation- BASED IMMIGRANT AND NONIMMIGRANT VISA ality Act, as added by section 2102, shall CATEGORIES SUSPENDED.—Notwithstanding SA 1334. Mr. SESSIONS submitted an apply to all persons eligible for the sus- any other provision of law, all numerical amendment intended to be proposed by pended registered provisional immigrant and caps on the numbers of visas allowed to be suspended blue card status seeking to adjust him to the bill S. 744, to provide for issued in different categories of non- status to that of an alien lawfully admitted comprehensive immigration reform immigrant visas and employment-based im- for permanent residence. and for other purposes; which was or- migrant visas pursuant to the Immigration (m) CAP ON REFUGEES AND ASYLEES.—Not- dered to lie on the table; as follows: and Nationality Act (8 U.S.C. 1101 et seq.), as withstanding any other provision of law, the amended by this Act, are null and void. Strike section 3103 and inserting the fol- total cap on aliens admitted to the United lowing: (e) SUSPENSION OF GOVERNMENT MANDATED States as a refugee under section 207 of the WAGES.—Notwithstanding any other provi- Immigration and Nationality Act (8 U.S.C. SEC. 3103. EXTENSION OF IDENTITY THEFT OF- FENSES. sion of law, all wage requirements and au- 1157) and granted asylum under section 208 of (a) FRAUD AND RELATED ACTIVITIES RELAT- thority in the Immigration and Nationality such Act (8 U.S.C. 1158), as amended by this ING TO IDENTIFICATION DOCUMENTS.—Section Act, as amended by this Act, are null and Act, shall be 50,000 per year. 1028 of title 18, United States Code, is amend- void. (n) REFUGEES AND ASYLEES ELIGIBLE FOR ed in subsection (a)(7), by striking ‘‘of an- (f) EMPLOYERS CERTIFY EMPLOYMENT WELFARE FOR ONE YEAR.—Notwithstanding NEEDS.—Notwithstanding any other provi- any other provision of law, aliens admitted other person’’ and inserting ‘‘that is not his sion of law, in the Immigration and Nation- to the United States as a refugee under sec- or her own’’. ality Act, as amended by this Act, employers tion 207 of the Immigration and Nationality (b) AGGRAVATED IDENTITY THEFT.—Section shall be permitted to certify to the Federal Act (8 U.S.C. 1157) or granted asylum under 1028A(a) of title 18, United States Code, is Government a numerical need for employees section 208 of such Act (8 U.S.C. 1158), as amended by striking ‘‘of another person’’ and shall be allowed visa allocations to fill amended by this Act, shall not be eligible for both places it appears and inserting ‘‘that is the numbers requested by the employer. any assistance, any Federal means tested not his or her own’’. (g) INDIVIDUALS ELIGIBLE FOR REGISTERED welfare benefits, or the earned income tax On page 1452, between lines 21 and 22, insert PROVISIONAL STATUS OR BLUE CARD STATUS credit under section 32 of the Internal Rev- the following: ELIGIBLE FOR WORK VISA.—Notwithstanding enue Code of 1986, after the date that is 1 (8) $300,000,000 to carry out title III and any other provision of law, all persons eligi- year after the date on which the alien is ad- subtitles D and G of title IV and the amend- ble for the suspended registered provisional mitted to the United States under such sec- ments made by title III and such subtitles. immigrant status pursuant to section 245B of tion 207 or granted asylum under such sec- At the end of subtitle C of title III, add the the Immigration and Nationality Act, as tion 208. following: added by this Act, and all persons eligible for (o) REFUGEES AND ASYLEES BARRIERS TO SEC. 3307. WAIVER OF FEDERAL LAWS WITH RE- the suspended blue card status pursuant to WORK.—Notwithstanding any other provision SPECT TO BORDER SECURITY AC- section 2211 of this Act shall be deemed eligi- of law, all Federal legal barriers to work for TIONS ON DEPARTMENT OF THE IN- ble for the existing immigrant and non-im- aliens admitted to the United States as a ref- TERIOR AND DEPARTMENT OF AGRI- migrant visa programs. ugee under section 207 of the Immigration CULTURE LANDS. (h) NO BAR TO EXISTING ADJUSTMENT OF and Nationality Act (8 U.S.C. 1157) and (a) PROHIBITION ON SECRETARIES OF THE IN- STATUS.—Notwithstanding any other provi- granted asylum under section 208 of such Act TERIOR AND AGRICULTURE.—The Secretary of sion of law, all persons eligible for the sus- (8 U.S.C. 1158), as amended by this Act, shall the Interior or the Secretary of Agriculture pended registered provisional immigrant sta- be null and void. shall not impede, prohibit, or restrict activi- tus pursuant to section 245B of the Immigra- ties of U.S. Customs and Border Protection tion and Nationality Act, as added by this SA 1333. Mr. PAUL submitted an on Federal land located within 100 miles of Act, and all persons eligible for the sus- amendment intended to be proposed by an international land border that is under

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.037 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4598 CONGRESSIONAL RECORD — SENATE June 18, 2013 the jurisdiction of the Secretary of the Inte- reational and backcountry airstrips on land SEC. 3703. LISTING OF IMMIGRATION VIOLATORS rior or the Secretary of Agriculture, to exe- under the jurisdiction of the Secretary of the IN THE NATIONAL CRIME INFORMA- cute search and rescue operations and to pre- Interior or the Secretary of Agriculture; or TION CENTER DATABASE. vent all unlawful entries into the United (2) any additional authority to restrict (a) PROVISION OF INFORMATION TO THE States, including entries by terrorists, other legal access to such land. NCIC.—Not later than 180 days after the date unlawful aliens, instruments of terrorism, (e) EFFECT ON STATE AND PRIVATE LAND.— of the enactment of this Act and periodically narcotics, and other contraband through the This Act shall— thereafter as updates may require, the Sec- international land borders of the United (1) have no force or effect on State or pri- retary shall provide the National Crime In- States. vate lands; and formation Center of the Department of Jus- (b) AUTHORIZED ACTIVITIES OF U.S. CUS- (2) not provide authority on or access to tice with all information that the Secretary TOMS AND BORDER PROTECTION.—U.S. Cus- State or private lands. may possess regarding any alien against toms and Border Protection shall have im- (f) TRIBAL SOVEREIGNTY.—Nothing in this whom a final order of removal has been mediate access to Federal land within 100 section supersedes, replaces, negates, or di- issued, any alien who has entered into a vol- miles of the international land border under minishes treaties or other agreements be- untary departure agreement, any alien who the jurisdiction of the Secretary of the Inte- tween the United States and Indian tribes. has overstayed their authorized period of rior or the Secretary of Agriculture for pur- (g) REPORT.—Not later than 1 year after stay, and any alien whose visas has been re- poses of conducting the following activities the date of the enactment of this Act, and voked. The National Crime Information Cen- on such land that prevent all unlawful en- annually thereafter, the Secretary of Home- ter shall enter such information into the Im- tries into the United States, including en- land Security shall submit to the appro- migration Violators File of the National tries by terrorists, other unlawful aliens, in- priate committees of Congress a report de- Crime Information Center database, regard- struments of terrorism, narcotics, and other scribing the extent to which implementation less of whether— contraband through the international land of this section has affected the operations of (1) the alien received notice of a final order borders of the United States: U.S. Customs and Border Protection in the of removal; (1) Construction and maintenance of roads. year preceding the report. (2) the alien has already been removed; or (2) Construction and maintenance of bar- Strike subtitle G of title III and insert the (3) sufficient identifying information is riers. following: available with respect to the alien. (3) Use of vehicles to patrol, apprehend, or (b) INCLUSION OF INFORMATION IN THE NCIC Subtitle G—Interior Enforcement rescue. DATABASE.— (4) Installation, maintenance, and oper- SEC. 3700. SHORT TITLE. (1) IN GENERAL.—Section 534(a) of title 28, ation of communications and surveillance This subtitle may be cited as the United States Code, is amended— equipment and sensors. ‘‘Strengthen and Fortify Enforcement Act’’ (A) in paragraph (3), by striking ‘‘and’’ at (5) Deployment of temporary tactical in- or the ‘‘SAFE Act’’. the end; frastructure. CHAPTER 1—IMMIGRATION LAW EN- (B) by redesignating paragraph (4) as para- (c) CLARIFICATION RELATING TO WAIVER AU- FORCEMENT BY STATES AND LOCAL- graph (5); and THORITY.— ITIES (C) by inserting after paragraph (3) the fol- (1) IN GENERAL.—Notwithstanding any SEC. 3701. DEFINITION AND SEVERABILITY. lowing: other provision of law (including any termi- (a) STATE DEFINED.—For the purposes of ‘‘(4) acquire, collect, classify, and preserve nation date relating to the waiver referred to this chapter, the term ‘‘State’’ has the records of violations by aliens of the immi- in this subsection), the waiver by the Sec- meaning given to such term in section gration laws of the United States, regardless retary of Homeland Security on April 1, 2008, 101(a)(36) of the Immigration and Nationality of whether any such alien has received no- under section 102(c)(1) of the Illegal Immi- Act (8 U.S.C. 1101(a)(36)). tice of the violation or whether sufficient gration Reform and Immigrant Responsi- (b) SEVERABILITY.—If any provision of this identifying information is available with re- bility Act of 1996 (8 U.S.C. 1103 note; Public chapter, or the application of such provision spect to any such alien or whether any such Law 104–208) of the laws described in para- to any person or circumstance, is held in- alien has already been removed from the graph (2) with respect to certain sections of valid, the remainder of this chapter, and the United States; and’’. the international border between the United application of such provision to other per- (2) EFFECTIVE DATE.—The Attorney Gen- States and Mexico and between the United sons not similarly situated or to other cir- eral and the Secretary shall ensure that the States and Canada shall be considered to cumstances, shall not be affected by such in- amendment made by paragraph (1) is imple- apply to all Federal land under the jurisdic- validation. mented by not later than 6 months after the tion of the Secretary of the Interior or the SEC. 3702. IMMIGRATION LAW ENFORCEMENT BY date of the enactment of this Act. Secretary of Agriculture within 100 miles of STATES AND LOCALITIES. SEC. 3704. TECHNOLOGY ACCESS. the international land borders of the United (a) IN GENERAL.—Subject to section States shall have access to Federal pro- States for the activities of U.S. Customs and 274A(h)(2) of the Immigration and Nation- grams or technology directed broadly at Border Protection described in subsection ality Act (8 U.S.C. 1324a(h)(2)), States, or po- identifying inadmissible or deportable (c). litical subdivisions of States, may enact, im- aliens. (2) DESCRIPTION OF LAWS WAIVED.—The laws plement and enforce criminal penalties that SEC. 3705. STATE AND LOCAL LAW ENFORCE- referred to in paragraph (1) are limited to penalize the same conduct that is prohibited MENT PROVISION OF INFORMATION the Wilderness Act (16 U.S.C. 1131 et seq.), in the criminal provisions of immigration ABOUT APPREHENDED ALIENS. the National Environmental Policy Act of laws (as defined in section 101(a)(17) of the (a) PROVISION OF INFORMATION.—In compli- 1969 (42 U.S.C. 4321 et seq.), the Endangered Immigration and Nationality Act (8 U.S.C. ance with section 642(a) of the Illegal Immi- Species Act of 1973 (16 U.S.C. 1531 et seq.), the 1101(a)(17))), as long as the criminal penalties gration Reform and Immigrant Responsi- National Historic Preservation Act (16 U.S.C. do not exceed the relevant Federal criminal bility Act of 1996 (8 U.S.C. 1373) and section 470 et seq.), Public Law 86–523 (16 U.S.C. 469 penalties. States, or political subdivisions of 434 of the Personal Responsibility and Work et seq.), the Act of June 8, 1906 (commonly States, may enact, implement and enforce Opportunity Reconciliation Act of 1996 (8 known as the ‘‘Antiquities Act of 1906’’; 16 civil penalties that penalize the same con- U.S.C. 1644), each State, and each political U.S.C. 431 et seq.), the Wild and Scenic Riv- duct that is prohibited in the civil violations subdivision of a State, shall provide the Sec- ers Act (16 U.S.C. 1271 et seq.), the Federal of immigration laws (as defined in such sec- retary in a timely manner with the informa- Land Policy and Management Act of 1976 (43 tion 101(a)(17)), as long as the civil penalties tion specified in subsection (b) with respect U.S.C. 1701 et seq.), the National Wildlife do not exceed the relevant Federal civil pen- to each alien apprehended in the jurisdiction Refuge System Administration Act of 1966 alties. of the State, or in the political subdivision of (16 U.S.C. 668dd et seq.), the Fish and Wildlife (b) LAW ENFORCEMENT PERSONNEL.—Law the State, who is believed to be inadmissible Act of 1956 (16 U.S.C. 742a et seq.), the Fish enforcement personnel of a State, or of a po- or deportable. and Wildlife Coordination Act (16 U.S.C. 661 litical subdivision of a State, may inves- (b) INFORMATION REQUIRED.—The informa- et seq.), subchapter II of chapter 5, and chap- tigate, identify, apprehend, arrest, detain, or tion referred to in subsection (a) is as fol- ter 7, of title 5, United States Code (com- transfer to Federal custody aliens for the lows: monly known as the ‘‘Administrative Proce- purposes of enforcing the immigration laws (1) The alien’s name. dure Act’’), the National Park Service Or- of the United States to the same extent as (2) The alien’s address or place of resi- ganic Act (16 U.S.C. 1 et seq.), the General Federal law enforcement personnel. Law en- dence. Authorities Act of 1970 (Public Law 91–383) forcement personnel of a State, or of a polit- (3) A physical description of the alien. (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, ical subdivision of a State, may also inves- (4) The date, time, and location of the en- and 404 of the National Parks and Recreation tigate, identify, apprehend, arrest, or detain counter with the alien and reason for stop- Act of 1978 (Public Law 95–625, 92 Stat. 3467), aliens for the purposes of enforcing the im- ping, detaining, apprehending, or arresting and the Arizona Desert Wilderness Act of migration laws of a State or of a political the alien. 1990 (16 U.S.C. 1132 note; Public Law 101–628). subdivision of State, as long as those immi- (5) If applicable, the alien’s driver’s license (d) PROTECTION OF LEGAL USES.—This sec- gration laws are permissible under this sec- number and the State of issuance of such li- tion shall not be construed to provide— tion. Law enforcement personnel of a State, cense. (1) authority to restrict legal uses, such as or of a political subdivision of a State, may (6) If applicable, the type of any other iden- grazing, hunting, mining, or public-use rec- not remove aliens from the United States. tification document issued to the alien, any

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4599 designation number contained on the identi- Each facility shall have a number of beds the point of apprehension to the place of de- fication document, and the issuing entity for necessary to effectuate this purposes of this tention, and to the custody transfer point if the identification document. chapter. the place of detention and place of custody (7) If applicable, the license plate number, (2) DETERMINATIONS.—The location of any are different. make, and model of any automobile reg- detention facility built or acquired in ac- ‘‘(d) SECURE FACILITIES.—The Secretary of istered to, or driven by, the alien. cordance with this subsection shall be deter- Homeland Security shall ensure that aliens (8) A photo of the alien, if available or mined by the Secretary. incarcerated pursuant to this title are held readily obtainable. (b) AUTHORIZATION OF APPROPRIATIONS.— in facilities that provide an appropriate level (9) The alien’s fingerprints, if available or There are authorized to be appropriated such of security. readily obtainable. sums as may be necessary to carry out this ‘‘(e) TRANSFER.— (c) ANNUAL REPORT ON REPORTING.—The section. ‘‘(1) IN GENERAL.—In carrying out this sec- Secretary shall maintain and annually sub- (c) TECHNICAL AND CONFORMING AMEND- tion, the Secretary of Homeland Security mit to the Congress a detailed report listing MENT.—Section 241(g)(1) of the Immigration shall establish a regular circuit and schedule the States, or the political subdivisions of and Nationality Act (8 U.S.C. 1231(g)(1)) is for the prompt transfer of apprehended States, that have provided information amended by striking ‘‘may expend’’ and in- aliens from the custody of States, and polit- under subsection (a) in the preceding year. serting ‘‘shall expend’’. ical subdivisions of a State, to Federal cus- (d) REIMBURSEMENT.—The Secretary shall SEC. 3708. FEDERAL CUSTODY OF INADMISSIBLE tody. reimburse States, and political subdivisions AND DEPORTABLE ALIENS IN THE ‘‘(2) CONTRACTS.—The Secretary may enter of a State, for all reasonable costs, as deter- UNITED STATES APPREHENDED BY into contracts, including appropriate private mined by the Secretary, incurred by the STATE OR LOCAL LAW ENFORCE- contracts, to implement this subsection.’’. State, or the political subdivision of a State, MENT. (2) CLERICAL AMENDMENT.—The table of as a result of providing information under (a) STATE APPREHENSION.— contents of such Act is amended by inserting subsection (a). (1) IN GENERAL.—Title II of the Immigra- after the item relating to section 240C the (e) AUTHORIZATION OF APPROPRIATIONS.— tion and Nationality Act (8 U.S.C. 1151 et following new item: There are authorized to be appropriated such seq.) is amended by inserting after section ‘‘Sec. 240D. Custody of aliens unlawfully sums as may be necessary to carry out this 240C the following: present in the United States.’’. section. ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE (b) GAO AUDIT.—Not later than 3 years (f) CONSTRUCTION.—Nothing in this section ALIENS PRESENT IN THE UNITED STATES after the date of the enactment of this Act, shall require law enforcement officials of a ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY the Comptroller General of the United States State, or of a political subdivision of a State, STATE AND LOCAL OFFICIALS.—If a State, or a shall conduct an audit of compensation to to provide the Secretary with information political subdivision of the State, exercising States, and to political subdivisions of a related to a victim of a crime or witness to authority with respect with respect to the State, for the incarceration of inadmissible a criminal offense. apprehension or arrest of an inadmissible or or deportable aliens under section 240D(a) of (g) EFFECTIVE DATE.—This section shall deportable alien submits to the Secretary of the Immigration and Nationality Act (as take effect on the date that is 120 days after added by subsection (a)(1)). the date of the enactment of this Act and Homeland Security a request that the alien be taken into Federal custody, notwith- (c) EFFECTIVE DATE.—Section 240D of the shall apply with respect to aliens appre- Immigration and Nationality Act, as added hended on or after such date. standing any other provision of law, regula- tion, or policy the Secretary— by subsection (a), shall take effect on the SEC. 3706. FINANCIAL ASSISTANCE TO STATE AND ‘‘(1) shall take the alien into custody not date of the enactment of this Act, except LOCAL POLICE AGENCIES THAT AS- that subsection (e) of such section shall take SIST IN THE ENFORCEMENT OF IM- later than 48 hours after the detainer has been issued following the conclusion of the effect on the date that is 120 day after the MIGRATION LAWS. date of the enactment of this Act. (a) GRANTS FOR SPECIAL EQUIPMENT FOR State or local charging process or dismissal SEC. 3709. TRAINING OF STATE AND LOCAL LAW HOUSING AND PROCESSING CERTAIN ALIENS.— process, or if no State or local charging or dismissal process is required, the Secretary ENFORCEMENT PERSONNEL RELAT- From amounts made available to make ING TO THE ENFORCEMENT OF IM- grants under this section, the Secretary should issue a detainer and take the alien MIGRATION LAWS. shall make grants to States, and to political into custody not later than 48 hours after the (a) ESTABLISHMENT OF TRAINING MANUAL subdivisions of States, for procurement of alien is apprehended; and AND POCKET GUIDE.—Not later than 180 days equipment, technology, facilities, and other ‘‘(2) shall request that the relevant State after the date of the enactment of this Act, products that facilitate and are directly re- or local law enforcement agency temporarily the Secretary shall establish— lated to investigating, apprehending, arrest- hold the alien in their custody or transport (1) a training manual for law enforcement ing, detaining, or transporting aliens who the alien for transfer to Federal custody. personnel of a State, or of a political sub- are inadmissible or deportable, including ad- ‘‘(b) POLICY ON DETENTION IN FEDERAL, division of a State, to train such personnel ditional administrative costs incurred under CONTRACT, STATE, OR LOCAL DETENTION FA- in the investigation, identification, appre- this chapter. CILITIES.—In carrying out section 241(g)(1), hension, arrest, detention, and transfer to (b) ELIGIBILITY.—To be eligible to receive a the Attorney General or Secretary of Home- Federal custody of inadmissible and deport- grant under this section, a State, or a polit- land Security shall ensure that an alien ar- able aliens in the United States (including ical subdivision of a State, must have the au- rested under this title shall be held in cus- the transportation of such aliens across thority to, and shall have a written policy tody, pending the alien’s examination under State lines to detention centers and the and a practice to, assist in the enforcement this section, in a Federal, contract, State, or identification of fraudulent documents); and of the immigration laws of the United States local prison, jail, detention center, or other (2) an immigration enforcement pocket in the course of carrying out the routine law comparable facility. Notwithstanding any guide for law enforcement personnel of a enforcement duties of such State or political other provision of law, regulation or policy, State, or of a political subdivision of a State, subdivision of a State. Entities covered such facility is adequate for detention, if— to provide a quick reference for such per- under this section may not have any policy ‘‘(1) such a facility is the most suitably lo- sonnel in the course of duty. or practice that prevents local law enforce- cated Federal, contract, State, or local facil- (b) AVAILABILITY.—The training manual ment from inquiring about a suspect’s immi- ity available for such purpose under the cir- and pocket guide established in accordance gration status. cumstances; with subsection (a) shall be made available (c) FUNDING.—There is authorized to be ap- ‘‘(2) an appropriate arrangement for such to all State and local law enforcement per- propriated for grants under this section such use of the facility can be made; and sonnel. sums as may be necessary for fiscal year 2014 ‘‘(3) the facility satisfies the standards for (c) APPLICABILITY.—Nothing in this section and each subsequent fiscal year. the housing, care, and security of persons shall be construed to require State or local (d) GAO AUDIT.—Not later than 3 years held in custody by a United States Marshal. law enforcement personnel to carry the after the date of the enactment of this Act, ‘‘(c) REIMBURSEMENT.—The Secretary of training manual or pocket guide with them the Comptroller General of the United States Homeland Security shall reimburse a State, while on duty. shall conduct an audit of funds distributed to and a political subdivision of a State, for all (d) COSTS.—The Secretary shall be respon- States, and to political subdivisions of a reasonable expenses, as determined by the sible for any costs incurred in establishing State, under subsection (a). Secretary, incurred by the State, or political the training manual and pocket guide. SEC. 3707. INCREASED FEDERAL DETENTION subdivision, as a result of the incarceration (e) TRAINING FLEXIBILITY.— SPACE. and transportation of an alien who is inad- (1) IN GENERAL.—The Secretary shall make (a) CONSTRUCTION OR ACQUISITION OF DE- missible or deportable as described in sub- training of State and local law enforcement TENTION FACILITIES.— sections (a) and (b). Compensation provided officers available through as many means as (1) IN GENERAL.—The Secretary shall con- for costs incurred under such subsections possible, including through residential train- struct or acquire, in addition to existing fa- shall be the average cost of incarceration of ing at the Center for Domestic Preparedness, cilities for the detention of aliens, detention a prisoner in the relevant State, as deter- onsite training held at State or local police facilities in the United States, for aliens de- mined by the chief executive officer of a agencies or facilities, online training courses tained pending removal from the United State, or of a political subdivision of a State, by computer, teleconferencing, and video- States or a decision regarding such removal. plus the cost of transporting the alien from tape, or the digital video display (DVD) of a

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4600 CONGRESSIONAL RECORD — SENATE June 18, 2013 training course or courses. E-learning maximum extent practicable in order to ‘‘(6) The Secretary of Homeland Security through a secure, encrypted distributed make the program available in remote loca- shall make training of State and local law learning system that has all its servers based tions. Mobile access to Federal databases of enforcement officers available through as in the United States, is scalable, survivable, aliens and live scan technology shall be used many means as possible, including through and can have a portal in place not later than to the maximum extent practicable in order residential training at the Center for Domes- 30 days after the date of the enactment of to make these resources available to State tic Preparedness and the Federal Law En- this Act, shall be made available by the Fed- and local law enforcement agencies in re- forcement Training Center, onsite training eral Law Enforcement Training Center Dis- mote locations. held at State or local police agencies or fa- tributed Learning Program for State and (d) EFFECTIVE DATE.—This section shall cilities, online training courses by computer, local law enforcement personnel. take effect of the date of the enactment of teleconferencing, and videotape, or the dig- (2) FEDERAL PERSONNEL TRAINING.—The this Act, except that subsection (a)(2) shall ital video display (DVD) of a training course training of State and local law enforcement take effect on the date that is 180 days after or courses. Distance learning through a se- personnel under this section shall not dis- such date. cure, encrypted distributed learning system place the training of Federal personnel. SEC. 3712. CLARIFICATION OF CONGRESSIONAL that has all its servers based in the United (3) CLARIFICATION.—Nothing in this chapter INTENT. States, is scalable, survivable, and can have or any other provision of law shall be con- Section 287(g) of the Immigration and Na- a portal in place not later than 30 days after strued as making any immigration-related tionality Act (8 U.S.C. 1357(g)) is amended— the date of the enactment of this Act, shall training a requirement for, or prerequisite (1) in paragraph (1) by striking ‘‘may be made available by the COPS Office of the to, any State or local law enforcement offi- enter’’ and all that follows through the pe- Department of Justice and the Federal Law cer to assist in the enforcement of Federal riod at the end and inserting the following: Enforcement Training Center Distributed immigration laws. ‘‘shall enter into a written agreement with a Learning Program for State and local law (4) PRIORITY.—In carrying out this sub- State, or any political subdivision of a State, enforcement personnel. Preference shall be section, priority funding shall be given for upon request of the State or political sub- given to private sector-based web-based im- existing web-based immigration enforcement division, pursuant to which an officer or em- migration enforcement training programs training systems. ployee of the State or subdivision, who is de- for which the Federal Government has al- SEC. 3710. IMMUNITY. termined by the Secretary to be qualified to ready provided support to develop.’’. Notwithstanding any other provision of perform a function of an immigration officer SEC. 3713. STATE CRIMINAL ALIEN ASSISTANCE law, a law enforcement officer of a State or in relation to the investigation, apprehen- PROGRAM (SCAAP). local law enforcement agency who is acting sion, or detention of aliens in the United Section 241(i) of the Immigration and Na- within the scope of the officer’s official du- States (including the transportation of such tionality Act (8 U.S.C. 1231(i)) is amended— ties shall be immune, to the same extent as aliens across State lines to detention cen- (1) by striking ‘‘Attorney General’’ the a Federal law enforcement officer, from per- ters), may carry out such function at the ex- first place such term appears and inserting sonal liability arising out of the performance pense of the State or political subdivision ‘‘Secretary of Homeland Security’’; of any duty described in this chapter, includ- and to extent consistent with State and local (2) by striking ‘‘Attorney General’’ each ing the authorities to investigate, identify, law. No request from a bona fide State or po- place such term appears thereafter and in- apprehend, arrest, detain, or transfer to Fed- litical subdivision or bona fide law enforce- serting ‘‘Secretary’’; eral custody, an alien for the purposes of en- ment agency shall be denied absent a com- (3) in paragraph (3)(A), by inserting forcing the immigration laws of the United pelling reason. No limit on the number of ‘‘charged with or’’ before ‘‘convicted’’; and States (as defined in section 101(a)(17) of the agreements under this subsection may be im- (4) by amending paragraph (5) to read as Immigration and Nationality Act (8 U.S.C. posed. The Secretary shall process requests follows: 1101(a)(17)) or the immigration laws of a for such agreements with all due haste, and ‘‘(5) There are authorized to be appro- State or a political subdivision of a State. in no case shall take not more than 90 days priated to carry out this subsection such SEC. 3711. CRIMINAL ALIEN IDENTIFICATION from the date the request is made until the sums as may be necessary for fiscal year 2014 PROGRAM. agreement is consummated.’’; and each subsequent fiscal year.’’. (a) CONTINUATION AND EXPANSION.— (2) by redesignating paragraph (2) as para- (1) IN GENERAL.—The Secretary shall con- SEC. 3714. STATE VIOLATIONS OF ENFORCEMENT graph (5) and paragraphs (3) through (10) as OF IMMIGRATION LAWS. tinue to operate and implement a program paragraphs (7) through (14), respectively; (a) IN GENERAL.—Section 642 of the Illegal that— (3) by inserting after paragraph (1) the fol- (A) identifies removable criminal aliens in Immigration Reform and Immigrant Respon- lowing: sibility Act of 1996 (8 U.S.C. 1373) is amend- Federal and State correctional facilities; ‘‘(2) An agreement under this subsection ed— (B) ensures such aliens are not released shall accommodate a requesting State or po- (1) by striking ‘‘Immigration and Natu- into the community; and litical subdivision with respect to the en- ralization Service’’ in each place it appears (C) removes such aliens from the United forcement model or combination of models, and inserting ‘‘Department of Homeland Se- States after the completion of their sen- and shall accommodate a patrol model, task curity’’; tences. force model, jail model, any combination (2) in subsection (a), by striking ‘‘may’’ (2) EXPANSION.—The program shall be ex- thereof, or any other reasonable model the and inserting ‘‘shall’’; tended to all States. Any State that receives State or political subdivision believes is best (3) in subsection (b)— Federal funds for the incarceration of crimi- suited to the immigration enforcement needs (A) by striking ‘‘no person or agency may’’ nal aliens (pursuant to the State Criminal of its jurisdiction. Alien Assistance Program authorized under ‘‘(3) No Federal program or technology di- and inserting ‘‘a person or agency shall not’’; section 241(i) of the Immigration and Nation- rected broadly at identifying inadmissible or (B) by striking ‘‘doing any of the following ality Act (8 U.S.C. 1231(i)) or other similar deportable aliens shall substitute for such with respect to information’’ and inserting program) shall— agreements, including those establishing a ‘‘undertaking any of the following law en- (A) cooperate with officials of the program; jail model, and shall operate in addition to forcement activities’’; and (B) expeditiously and systematically iden- any agreement under this subsection. (C) by striking paragraphs (1) through (3) tify criminal aliens in its prison and jail pop- ‘‘(4)(A) No agreement under this subsection and inserting the following: ulations; and shall be terminated absent a compelling rea- ‘‘(1) Notifying the Federal Government re- (C) promptly convey such information to son. garding the presence of inadmissible and de- officials of such program as a condition of re- ‘‘(B)(i) The Secretary shall provide a State portable aliens who are encountered by law ceiving such funds. or political subdivision written notice of in- enforcement personnel of a State or political (b) AUTHORIZATION FOR DETENTION AFTER tent to terminate at least 180 days prior to subdivision of a State. COMPLETION OF STATE OR LOCAL PRISON SEN- date of intended termination, and the notice ‘‘(2) Complying with requests for informa- TENCE.—Law enforcement officers of a State, shall fully explain the grounds for termi- tion from Federal law enforcement. or of a political subdivision of a State, are nation, along with providing evidence sub- ‘‘(3) Complying with detainers issued by authorized to— stantiating the Secretary’s allegations. the Department of Homeland Security. (1) hold a criminal alien for a period of up ‘‘(ii) The State or political subdivision ‘‘(4) Issuing policies in the form of a resolu- to 14 days after the alien has completed the shall have the right to a hearing before an tions, ordinances, administrative actions, alien’s sentence under State or local law in administrative law judge and, if the ruling is general or special orders, or departmental order to effectuate the transfer of the alien against the State or political subdivision, to policies that violate Federal law or restrict a to Federal custody when the alien is inad- appeal the ruling to the Federal Circuit State or political subdivision of a State from missible or deportable; or Court of Appeals and, if the ruling is against complying with Federal law or coordinating (2) issue a detainer that would allow aliens the State or political subdivision, to the Su- with Federal law enforcement.’’; and who have served a prison sentence under preme Court. (4) by adding at the end the following: State or local law to be detained by the ‘‘(C) The agreement shall remain in full ef- ‘‘(d) COMPLIANCE.— State or local prison or jail until the Sec- fect during the course of any and all legal ‘‘(1) IN GENERAL.—A State, or a political retary can take the alien into custody. proceedings.’’; and subdivision of a State, that has in effect a (c) TECHNOLOGY USAGE.—Technology, such (4) by inserting after paragraph (5) (as re- statute, policy, or practice that prohibits as video conferencing, shall be used to the designated) the following: law enforcement officers of the State, or of a

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4601 political subdivision of the State, from as- (2) by striking ‘‘deportable under’’ and in- moval occurring or existing before, on, or sisting or cooperating with Federal immigra- serting ‘‘described in’’. after the date of the enactment of this Act. tion law enforcement in the course of car- (c) VOLUNTARY DEPARTURE.—Section SEC. 3722. TERRORIST BAR TO GOOD MORAL rying out the officers’ routine law enforce- 240B(b)(1)(C) of such Act (8 U.S.C. CHARACTER. ment duties shall not be eligible to receive— 1229c(b)(1)(C)) is amended by striking ‘‘de- (a) DEFINITION OF GOOD MORAL CHAR- ‘‘(A) any of the funds that would otherwise portable under section 237(a)(2)(A)(iii) or sec- ACTER.—Section 101(f) of the Immigration be allocated to the State or political subdivi- tion 237(a)(4);’’ and inserting ‘‘described in and Nationality Act (8 U.S.C. 1101(f)) is sion under section 241(i) of the Immigration paragraph (2)(A)(iii) or (4) of section 237(a);’’. amended— and Nationality Act (8 U.S.C. 1231(i)) or the (d) RESTRICTION ON REMOVAL.—Section (1) by redesignating paragraphs (1) through ‘Cops on the Beat’ program under part Q of 241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) (9) as paragraphs (2) through (10), respec- title I of the Omnibus Crime Control and is amended— tively; Safe Streets Act of 1968 (42 U.S.C. 3796dd et (1) by inserting ‘‘or the Secretary of Home- (2) by inserting after paragraph (1) the fol- seq.); or land Security’’ after ‘‘Attorney General’’ lowing: ‘‘(B) any other law enforcement or Depart- wherever that term appears; ‘‘(2) one who the Secretary of Homeland ment of Homeland Security grant. (2) in clause (iii), by striking ‘‘or’’ at the Security or Attorney General determines to ‘‘(2) ANNUAL DETERMINATION.—The Sec- end; have been at any time an alien described in retary shall determine annually which State (3) in clause (iv), by striking the period at section 212(a)(3) or 237(a)(4), which deter- or political subdivision of a State are not in the end and inserting ‘‘; or’’; mination may be based upon any relevant in- compliance with section and shall report (4) by inserting after clause (iv) the fol- formation or evidence, including classified, such determinations to Congress on March 1 lowing: sensitive, or national security information;’’; of each year. ‘‘(v) the alien is described in subparagraph (3) in paragraph (9) (as redesignated), by in- ‘‘(3) REPORTS.—The Attorney General shall (B)(i) or (F) of section 212(a)(3), unless, in the serting ‘‘, regardless whether the crime was issue a report concerning the compliance of case of an alien described in subparagraph classified as an aggravated felony at the any particular State or political subdivision (IV), (V), or (IX) of section 212(a)(3)(B)(i), the time of conviction, except that the Sec- at the request of the House or Senate Judici- Secretary of Homeland Security or the At- retary of Homeland Security or Attorney ary Committee. Any jurisdiction that is torney General determines, in discretion of General may, in the unreviewable discretion found to be out of compliance shall be ineli- the Secretary or the Attorney General, that of the Secretary or Attorney General, deter- gible to receive Federal financial assistance there are not reasonable grounds for regard- mine that this paragraph shall not apply in as provided in paragraph (1) for a minimum ing the alien as a danger to the security of the case of a single aggravated felony con- period of 1 year, and shall only become eligi- the United States.’’; and viction (other than murder, manslaughter, ble again after the Attorney General cer- (5) by striking the final sentence. homicide, rape, or any sex offense when the tifies that the jurisdiction is in compliance. (e) RECORD OF ADMISSION.— victim of such sex offense was a minor) for ‘‘(4) REALLOCATION.—Any funds that are (1) IN GENERAL.—Section 249 of such Act (8 which completion of the term of imprison- not allocated to a State or to a political sub- U.S.C. 1259) is amended to read as follows: ment or the sentence (whichever is later) oc- division of a State, due to the failure of the ‘‘RECORD OF ADMISSION FOR PERMANENT RESI- curred 10 or more years prior to the date of State, or of the political subdivision of the DENCE IN THE CASE OF CERTAIN ALIENS WHO application’’ after ‘‘(as defined in subsection State, to comply with subsection (c) shall be ENTERED THE UNITED STATES PRIOR TO JANU- (a)(43))’’; and reallocated to States, or to political subdivi- ARY 1, 1972 (4) by striking the first sentence the fol- sions of States, that comply with such sub- ‘‘SEC. 249. The Secretary of Homeland Se- lows paragraph (10) (as redesignated) and in- section. curity, in the discretion of the Secretary and serting following: ‘‘The fact that any person ‘‘(e) CONSTRUCTION.—Nothing in this sec- under such regulations as the Secretary may is not within any of the foregoing classes tion shall require law enforcement officials prescribe, may enter a record of lawful ad- shall not preclude a discretionary finding for from States, or from political subdivisions of mission for permanent residence in the case other reasons that such a person is or was States, to report or arrest victims or wit- of any alien, if no such record is otherwise not of good moral character. The Secretary nesses of a criminal offense.’’. available and the alien— or the Attorney General shall not be limited (b) EFFECTIVE DATE.—The amendments to the applicant’s conduct during the period made by this section shall take effect on the ‘‘(1) entered the United States before Janu- for which good moral character is required, date of the enactment of this Act, except ary 1, 1972; but may take into consideration as a basis that subsection (d) of section 642 of the Ille- ‘‘(2) has continuously resided in the United for determination the applicant’s conduct gal Immigration Reform and Immigrant Re- States since such entry; sponsibility Act of 1996 (8 U.S.C. 1373), as ‘‘(3) has been a person of good moral char- and acts at any time.’’ added by this section, shall take effect be- acter since such entry; (b) AGGRAVATED FELONS.—Section 509(b) of ginning one year after the date of the enact- ‘‘(4) is not ineligible for citizenship; the Immigration Act of 1990 (8 U.S.C. 1101 ment of this Act. ‘‘(5) is not described in paragraph (1)(A)(iv), note) is amended to read as follows: ‘‘(b) EFFECTIVE DATE.—The amendment SEC. 3715. CLARIFYING THE AUTHORITY OF ICE (2), (3), (6)(C), (6)(E), or (8) of section 212(a); DETAINERS. and made by subsection (a) shall take effect on Except as otherwise provided by Federal ‘‘(6) did not, at any time, without reason- November 29, 1990, and shall apply to convic- law or rule of procedure, the Secretary shall able cause fail or refuse to attend or remain tions occurring before, on or after such execute all lawful writs, process, and orders in attendance at a proceeding to determine date.’’. issued under the authority of the United the alien’s inadmissibility or deportability. (c) TECHNICAL CORRECTION TO THE INTEL- States, and shall command all necessary as- Such recordation shall be effective as of the LIGENCE REFORM ACT.—Section 5504(2) of the sistance to execute the Secretary’s duties. date of approval of the application or as of Intelligence Reform and Terrorism Preven- CHAPTER 2—NATIONAL SECURITY the date of entry if such entry occurred prior tion Act of 2004 (Public Law 108–458) is to July 1, 1924.’’. amended by striking ‘‘adding at the end’’ and SEC. 3721. REMOVAL OF, AND DENIAL OF BENE- inserting ‘‘inserting after paragraph (8)’’. FITS TO, TERRORIST ALIENS. (2) CLERICAL AMENDMENT.—The table of (d) EFFECTIVE DATE.—The amendments (a) ASYLUM.—Section 208(b)(2)(A) of the contents for such Act is amended by amend- Immigration and Nationality Act (8 U.S.C. ing the item relating to section 249 to read made by subsections (a) and (b) shall take ef- 1158(b)(2)(A)) is amended— as follows: fect on the date of enactment of this Act, (1) by inserting ‘‘or the Secretary of Home- ‘‘Sec. 249. Record of admission for perma- shall apply to any act that occurred before, land Security’’ after ‘‘if the Attorney Gen- nent residence in the case of on, or after such date and shall apply to any eral’’; and certain aliens who entered the application for naturalization or any other (2) by amending clause (v) to read as fol- United States prior to January benefit or relief, or any other case or matter lows: 1, 1972.’’. under the immigration laws pending on or ‘‘(v) the alien is described in subparagraph (f) EFFECTIVE DATE.—The amendments filed after such date. The amendments made (B)(i) or (F) of section 212(a)(3), unless, in the made by this section shall take effect on the by subsection (c) shall take effect as if en- case of an alien described in subparagraph date of enactment of this Act and sections acted in the Intelligence Reform and Ter- (IV), (V), or (IX) of section 212(a)(3)(B)(i), the 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and rorism Prevention Act of 2004 (Public Law Secretary of Homeland Security or the At- 249 of the Immigration and Nationality Act, 108–458). torney General determines, in the discretion as so amended, shall apply to— SEC. 3723. TERRORIST BAR TO NATURALIZATION. of the Secretary or the Attorney General, (1) all aliens in removal, deportation, or (a) NATURALIZATION OF PERSONS ENDAN- that there are not reasonable grounds for re- exclusion proceedings; GERING THE NATIONAL SECURITY.—Section 316 garding the alien as a danger to the security (2) all applications pending on, or filed of the Immigration and Nationality Act (8 of the United States; or’’. after, the date of the enactment of this Act; U.S.C. 1426) is amended by adding at the end (b) CANCELLATION OF REMOVAL.—Section and the following: 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is (3) with respect to aliens and applications ‘‘(g) PERSONS ENDANGERING THE NATIONAL amended— described in paragraph (1) or (2) of this sub- SECURITY.—No person shall be naturalized (1) by striking ‘‘inadmissible under’’ and section, acts and conditions constituting a who the Secretary of Homeland Security de- inserting ‘‘described in’’; and ground for exclusion, deportation, or re- termines to have been at any time an alien

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4602 CONGRESSIONAL RECORD — SENATE June 18, 2013 described in section 212(a)(3) or 237(a)(4). an alien is a person of good moral character, manner and circumstances as census infor- Such determination may be based upon any whether the alien understands and is at- mation may be disclosed under section 8 of relevant information or evidence, including tached to the principles of the Constitution title 13, United States Code. classified, sensitive, or national security in- of the United States, or whether an alien is ‘‘(ii) NATIONAL SECURITY PURPOSE.—The formation.’’. well disposed to the good order and happi- Secretary of Homeland Security may pro- (b) CONCURRENT NATURALIZATION AND RE- ness of the United States.’’. vide, in his discretion, for the furnishing, MOVAL PROCEEDINGS.—Section 318 of the Im- (g) EFFECTIVE DATE.—The amendments use, publication, or release of information migration and Nationality Act (8 U.S.C. 1429) made by this section shall take effect on the furnished under this section in any inves- is amended by striking ‘‘other Act;’’ and in- date of enactment of this Act, shall apply to tigation, case, or matter, or for any purpose, serting ‘‘other Act; and no application for any act that occurred before, on, or after relating to terrorism, national intelligence naturalization shall be considered by the such date, and shall apply to any application or the national security.’’; and Secretary of Homeland Security or any court for naturalization or any other case or mat- (5) in subparagraph (D), as redesignated, by if there is pending against the applicant any ter under the immigration laws pending on, striking ‘‘Service’’ and inserting ‘‘Depart- removal proceeding or other proceeding to or filed after, such date. ment of Homeland Security’’. determine the applicant’s inadmissibility or SEC. 3724. DENATURALIZATION FOR TERROR- (b) ADJUSTMENT OF STATUS UNDER THE IM- deportability, or to determine whether the ISTS. MIGRATION REFORM AND CONTROL ACT OF applicant’s lawful permanent resident status (a) IN GENERAL.—Section 340 of the Immi- 1986.—Section 245A(c)(5) of the Immigration should be rescinded, regardless of when such gration and Nationality Act is amended— and Nationality Act (8 U.S.C. 1255a(c)(5)), is proceeding was commenced: Provided, That (1) by redesignating subsections (f) through amended— the findings of the Attorney General in ter- (h) as subsections (g) through (i), respec- (1) by striking ‘‘Attorney General’’ each minating removal proceedings or in can- tively; and place such term appears and inserting ‘‘Sec- celing the removal of an alien pursuant to (2) by inserting after subsection (e) the fol- retary of Homeland Security’’; the provisions of this Act, shall not be lowing: (2) in subparagraph (A), by striking ‘‘De- deemed binding in any way upon the Sec- ‘‘(f)(1) If a person who has been naturalized partment of Justice,’’ and inserting ‘‘Depart- retary of Homeland Security with respect to participates in any act described in para- ment of Homeland Security,’’; the question of whether such person has es- graph (2), the Attorney General is authorized (3) by amending subparagraph (C) to read tablished his eligibility for naturalization as to find that, as of the date of such natu- as follows: required by this title;’’. ralization, such person was not attached to ‘‘(C) AUTHORIZED DISCLOSURES.— (c) PENDING DENATURALIZATION OR RE- the principles of the Constitution of the ‘‘(i) CENSUS PURPOSE.—The Secretary of MOVAL PROCEEDINGS.—Section 204(b) of the United States and was not well disposed to Homeland Security may provide, in his dis- Immigration and Nationality Act (8 U.S.C. the good order and happiness of the United cretion, for the furnishing of information 1154(b)) is amended by adding at the end the States at the time of naturalization, and furnished under this section in the same following: ‘‘No petition shall be approved upon such finding shall set aside the order manner and circumstances as census infor- pursuant to this section if there is any ad- admitting such person to citizenship and mation may be disclosed under section 8 of ministrative or judicial proceeding (whether cancel the certificate of naturalization as title 13, United States Code. civil or criminal) pending against the peti- having been obtained by concealment of a ‘‘(ii) NATIONAL SECURITY PURPOSE.—The tioner that could (whether directly or indi- material fact or by willful misrepresenta- Secretary of Homeland Security may pro- rectly) result in the petitioner’s tion, and such revocation and setting aside vide, in his discretion, for the furnishing, denaturalization or the loss of the peti- of the order admitting such person to citi- use, publication, or release of information tioner’s lawful permanent resident status.’’. zenship and such canceling of certificate of furnished under this section in any inves- (d) CONDITIONAL PERMANENT RESIDENTS.— naturalization shall be effective as of the tigation, case, or matter, or for any purpose, Sections 216(e) and section 216A(e) of the Im- original date of the order and certificate, re- relating to terrorism, national intelligence migration and Nationality Act (8 U.S.C. spectively. or the national security.’’; and 1186a(e) and 1186b(e)) are each amended by ‘‘(2) The acts described in this paragraph (4) in subparagraph (D), striking ‘‘Service’’ striking the period at the end and inserting are the following: and inserting ‘‘Department of Homeland Se- ‘‘, if the alien has had the conditional basis ‘‘(A) Any activity a purpose of which is the curity’’. removed pursuant to this section.’’. opposition to, or the control or overthrow of, (e) DISTRICT COURT JURISDICTION.—Sub- the Government of the United States by SEC. 3726. BACKGROUND AND SECURITY CHECKS. section 336(b) of the Immigration and Na- force, violence, or other unlawful means. (a) REQUIREMENT TO COMPLETE BACK- tionality Act, 8 U.S.C. 1447(b), is amended to ‘‘(B) Engaging in a terrorist activity (as GROUND AND SECURITY CHECKS.—Section 103 read as follows: defined in clauses (iii) and (iv) of section of the Immigration and Nationality Act (8 ‘‘(b) If there is a failure to render a final 212(a)(3)(B)). U.S.C. 1103) is amended by adding at the end administrative decision under section 335 be- ‘‘(C) Incitement of terrorist activity under the following: fore the end of the 180-day period after the circumstances indicating an intention to ‘‘(h) Notwithstanding any other provision date on which the Secretary of Homeland Se- cause death or serious bodily harm. of law (statutory or nonstatutory), including curity completes all examinations and inter- ‘‘(D) Receiving military-type training (as but not limited to section 309 of Public Law views conducted under such section, as such defined in section 2339D(c)(1) of title 18, 107–173, sections 1361 and 1651 of title 28, terms are defined by the Secretary of Home- United States Code) from or on behalf of any United States Code, and section 706(1) of title land Security pursuant to regulations, the organization that, at the time the training 5, United States Code, neither the Secretary applicant may apply to the district court for was received, was a terrorist organization (as of Homeland Security, the Attorney General, the district in which the applicant resides defined in section 212(a)(3)(B)(vi)).’’. nor any court may— for a hearing on the matter. Such court shall (b) EFFECTIVE DATE.—The amendments ‘‘(1) grant, or order the grant of or adju- only have jurisdiction to review the basis for made by subsection (a) shall take effect on dication of an application for adjustment of delay and remand the matter to the Sec- the date of the enactment of this Act and status to that of an alien lawfully admitted retary of Homeland Security for the Sec- shall apply to acts that occur on or after for permanent residence; retary’s determination on the application.’’. such date. ‘‘(2) grant, or order the grant of or adju- (f) CONFORMING AMENDMENT.—Section SEC. 3725. USE OF 1986 IRCA LEGALIZATION IN- dication of an application for United States 310(c) of the Immigration and Nationality FORMATION FOR NATIONAL SECU- citizenship or any other status, relief, pro- Act (8 U.S.C. 1421(c)) is amended— RITY PURPOSES. tection from removal, employment author- (1) by inserting ‘‘, not later than the date (a) SPECIAL AGRICULTURAL WORKERS.—Sec- ization, or other benefit under the immigra- that is 120 days after the Secretary of Home- tion 210(b)(6) of the Immigration and Nation- tion laws; land Security’s final determination,’’ after ality Act (8 U.S.C. 1160(b)(6)) is amended— ‘‘(3) grant, or order the grant of or adju- ‘‘seek’’; and (1) by striking ‘‘Attorney General’’ each dication of, any immigrant or nonimmigrant (2) by striking the second sentence and in- place such term appears and inserting ‘‘Sec- petition; or serting the following: ‘‘The burden shall be retary of Homeland Security’’; ‘‘(4) issue or order the issuance of any doc- upon the petitioner to show that the Sec- (2) in subparagraph (A), by striking ‘‘De- umentation evidencing or related to any retary’s denial of the application was not partment of Justice,’’ and inserting ‘‘Depart- such grant, until such background and secu- supported by facially legitimate and bona ment of Homeland Security,’’; rity checks as the Secretary may in his dis- fide reasons. Except in a proceeding under (3) by redesignating subparagraphs (C) and cretion require have been completed or up- section 340, notwithstanding any other provi- (D) as subparagraphs (D) and (E), respec- dated to the satisfaction of the Secretary. sion of law (statutory or nonstatutory), in- tively; ‘‘(i) Notwithstanding any other provision cluding section 2241 of title 28, United States (4) by inserting after subparagraph (B) the of law (statutory or nonstatutory), including Code, or any other habeas corpus provision, following: but not limited to section 309 of Public Law and sections 1361 and 1651 of such title, no ‘‘(C) AUTHORIZED DISCLOSURES.— 107–173, sections 1361 and 1651 of title 28, court shall have jurisdiction to determine, or ‘‘(i) CENSUS PURPOSE.—The Secretary of United States Code, and section 706(1) of title to review a determination of the Secretary Homeland Security may provide, in his dis- 5, United States Code, neither the Secretary made at any time regarding, whether, for cretion, for the furnishing of information of Homeland Security nor the Attorney Gen- purposes of an application for naturalization, furnished under this section in the same eral may be required to—

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‘‘(1) grant, or order the grant of or adju- ‘‘(d) WITHHOLDING OF REMOVAL AND TOR- conviction for an offense described in an- dication of an application for adjustment of TURE CONVENTION.—This section does not other subparagraph of this paragraph’’ and status to that of an alien lawfully admitted limit or modify the applicability of section inserting ‘‘section 275 or 276 for which the for permanent residence, 241(b)(3) or the United Nations Convention term of imprisonment is at least 1 year’’; ‘‘(2) grant, or order the grant of or adju- Against Torture and Other Cruel, Inhuman (7) in subparagraph (U), by striking ‘‘an at- dication of an application for United States or Degrading Treatment or Punishment, sub- tempt or conspiracy to commit an offense citizenship or any other status, relief, pro- ject to any reservations, understandings, described in this paragraph’’ and inserting tection from removal, employment author- declarations and provisos contained in the ‘‘attempting or conspiring to commit an of- ization, or other benefit under the immigra- United States Senate resolution of ratifica- fense described in this paragraph, or aiding, tion laws, tion of the Convention, as implemented by abetting, counseling, procuring, com- ‘‘(3) grant, or order the grant of or adju- section 2242 of the Foreign Affairs Reform manding, inducing, or soliciting the commis- dication of, any immigrant or nonimmigrant and Restructuring Act of 1998 (Public Law sion of such an offense.’’; and petition, or 105–277) with respect to an alien otherwise el- (8) by striking the undesignated matter ‘‘(4) issue or order the issuance of any doc- igible for protection under such provisions.’’. following subparagraph (U). umentation evidencing or related to any (2) CLERICAL AMENDMENT.—The table of (b) DEFINITION OF CONVICTION.—Section such grant, until any suspected or alleged contents for such Act is amended by insert- 101(a)(48) of such Act (8 U.S.C. 1101(a)(48)) is materially false information, material mis- ing after the item relating to section 361 the amended by adding at the end the following: representation or omission, concealment of a following: ‘‘(C) Any reversal, vacatur, expungement, material fact, fraud or forgery, counter- ‘‘362. Construction.’’. or modification to a conviction, sentence, or conviction record that was granted to ame- feiting, or alteration, or falsification of a (c) EFFECTIVE DATE.—The amendments document, as determined by the Secretary, made by this section shall take effect on the liorate the consequences of the conviction, relating to the adjudication of an applica- date of the enactment of this Act and shall sentence, or conviction record, or was grant- tion or petition for any status (including the apply to applications for immigration bene- ed for rehabilitative purposes, or for failure to advise the alien of the immigration con- granting of adjustment of status), relief, pro- fits pending on or after such date. tection from removal, or other benefit under sequences of a determination of guilt or of a SEC. 3727. TECHNICAL AMENDMENTS RELATING guilty plea (except in the case of a guilty this subsection has been investigated and re- TO THE INTELLIGENCE REFORM solved to the Secretary’s satisfaction. AND TERRORISM PREVENTION ACT plea that was made on or after March 31, ‘‘(j) Notwithstanding any other provision OF 2004. 2010, shall have no effect on the immigration of law (statutory or nonstatutory), including (a) TRANSIT WITHOUT VISA PROGRAM.—Sec- consequences resulting from the original section 309 of the Enhanced Border Security tion 7209(d) of the Intelligence Reform and conviction. The alien shall have the burden and Visa Entry Reform Act (8 U.S.C. 1738), Terrorism Prevention Act of 2004 (8 U.S.C. of demonstrating that any reversal, vacatur, sections 1361 and 1651 of title 28, United 1185 note) is amended by striking ‘‘the Sec- expungement, or modification was not grant- States Code, and section 706(1) of title 5, retary, in conjunction with the Secretary of ed to ameliorate the consequences of the United States Code, no court shall have ju- Homeland Security,’’ and inserting ‘‘the Sec- conviction, sentence, or conviction record, risdiction to require any of the acts in sub- retary of Homeland Security, in consultation for rehabilitative purposes, or for failure to section (h) or (i) to be completed by a certain with the Secretary of State,’’. advise the alien of the immigration con- time or award any relief for failure to com- (b) TECHNOLOGY ACQUISITION AND DISSEMI- sequences of a determination of guilt or of a plete or delay in completing such acts.’’. NATION PLAN.—Section 7201(c)(1) of such Act guilty plea (except in the case of a guilty (b) CONSTRUCTION.— is amended by inserting ‘‘and the Depart- plea that was made on or after March 31, (1) IN GENERAL.—Chapter 4 of title III of ment of State’’ after ‘‘used by the Depart- 2010), except where the alien establishes a the Immigration and Nationality Act (8 ment of Homeland Security’’. pardon consistent with section U.S.C. 1501 et seq.) is amended by adding at 237(a)(2)(A)(vi).’’. CHAPTER 3—REMOVAL OF CRIMINAL the end the following: (c) EFFECTIVE DATE; APPLICATION OF ALIENS ‘‘CONSTRUCTION AMENDMENTS.— SEC. 3731. DEFINITION OF AGGRAVATED FELONY (1) IN GENERAL.—The amendments made by ‘‘SEC. 362. (a) IN GENERAL.—Nothing in this AND CONVICTION. Act or any other law, except as provided in subsection (a)— (a) DEFINITION OF AGGRAVATED FELONY.— subsection (d), shall be construed to require (A) shall take effect on the date of the en- Section 101(a)(43) of the Immigration and Na- the Secretary of Homeland Security, the At- actment of this Act; and tionality Act (8 U.S.C. 1101(a)(43)) is amend- torney General, the Secretary of State, the (B) shall apply to any act or conviction ed— Secretary of Labor, or a consular officer to that occurred before, on, or after such date. (1) by striking ‘‘The term ‘aggravated fel- grant any application, approve any petition, (2) APPLICATION OF IIRIRA AMENDMENTS.— ony’ means—’’ and inserting ‘‘Notwith- or grant or continue any relief, protection The amendments to section 101(a)(43) of the standing any other provision of law, the from removal, employment authorization, or Immigration and Nationality Act (8 U.S.C. term ‘aggravated felony’ applies to an of- any other status or benefit under the immi- 1101(a)(43)) made by section 321 of the Illegal gration laws by, to, or on behalf of— fense described in this paragraph, whether in Immigration Reform and Immigrant Respon- ‘‘(1) any alien deemed by the Secretary to violation of Federal or State law, or in viola- sibility Act of 1996 (division C of Public Law be described in section 212(a)(3) or section tion of the law of a foreign country for which 104-208; 110 Stat. 3009-627) shall continue to 237(a)(4); or the term of imprisonment was completed apply, whether the conviction was entered ‘‘(2) any alien with respect to whom a within the previous 15 years, even if the before, on, or after September 30, 1996. length of the term of imprisonment for the criminal or other proceeding or investiga- SEC. 3732. PRECLUDING ADMISSIBILITY OF tion is open or pending (including, but not offense is based on recidivist or other en- ALIENS CONVICTED OF AGGRA- limited to, issuance of an arrest warrant, de- hancements and regardless of whether the VATED FELONIES OR OTHER SERI- tainer, or indictment), where such pro- conviction was entered before, on, or after OUS OFFENSES. (a) INADMISSIBILITY ON CRIMINAL AND RE- ceeding or investigation is deemed by the of- September 30, 1996, and means—’’; LATED GROUNDS; WAIVERS.—Section 212 of ficial described in subsection (a) to be mate- (2) in subparagraph (A), by striking ‘‘mur- the Immigration and Nationality Act (8 rial to the alien’s eligibility for the status or der, rape, or sexual abuse of a minor;’’ and U.S.C. 1182) is amended— benefit sought. inserting ‘‘murder, manslaughter, homicide, ‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICA- rape (whether the victim was conscious or (1) in subparagraph (a)(2)(A)(i)— TION.—An official described in subsection (a) unconscious), or any offense of a sexual na- (A) in subclause (I), by striking ‘‘or’’ at the may, in the discretion of the official, deny ture involving a victim under the age of 18 end; (with respect to an alien described in para- years;’’; (B) in subclause (II), by adding ‘‘or’’ at the graph (1) or (2) of subsection (a)) or withhold (3) in subparagraph (I), by striking ‘‘or end; and adjudication of pending resolution of the in- 2252’’ and inserting ‘‘2252, or 2252A’’. (C) by inserting after subclause (II) the fol- vestigation or case (with respect to an alien (4) in subparagraph (F), by striking ‘‘at lowing: described in subsection (a)(2) of this section) least one year;’’ and inserting ‘‘is at least ‘‘(III) a violation of (or a conspiracy or at- any application, petition, relief, protection one year, except that if the conviction tempt to violate) an offense described in sec- from removal, employment authorization, records do not conclusively establish wheth- tion 408 of title 42, United States Code (relat- status or benefit. er a crime constitutes a crime of violence, ing to social security account numbers or so- ‘‘(c) JURISDICTION.—Notwithstanding any the Attorney General may consider other cial security cards) or section 1028 of title 18, other provision of law (statutory or non- evidence related to the conviction that United States Code (relating to fraud and re- statutory), including section 309 of the En- clearly establishes that the conduct for lated activity in connection with identifica- hanced Border Security and Visa Entry Re- which the alien was engaged constitutes a tion documents, authentication features, and form Act (8 U.S.C. 1738), sections 1361 and crime of violence;’’ information);’’. 1651 of title 28, United States Code, and sec- (5) in subparagraph (N), by striking para- (2) by adding at the end of subsection (a)(2) tion 706(1) of title 5, United States Code, no graph ‘‘(1)(A) or (2) of’’; the following : court shall have jurisdiction to review a de- (6) in subparagraph (O), by striking ‘‘sec- ‘‘(J) PROCUREMENT OF CITIZENSHIP OR NATU- cision to deny or withhold adjudication pur- tion 275(a) or 276 committed by an alien who RALIZATION UNLAWFULLY.—Any alien con- suant to subsection (b) of this section. was previously deported on the basis of a victed of, or who admits having committed,

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UNIFORM STATUTE OF LIMITATIONS of, or an attempt or a conspiracy to violate, of subparagraphs (A)(i)(I), (B), (D), and (E) of FOR CERTAIN IMMIGRATION, NATU- subsection (a) or (b) of section 1425 of title 18, subsection (a)(2)’’ and inserting ‘‘The Attor- RALIZATION, AND PEONAGE OF- United States Code (relating to the procure- ney General or the Secretary of Homeland FENSES. ment of citizenship or naturalization unlaw- Security may, in the discretion of the Attor- Section 3291 of title 18, United States Code, fully) is inadmissible. ney General or the Secretary, waive the ap- is amended by striking ‘‘No person’’ through the period at the end and inserting the fol- ‘‘(K) CERTAIN FIREARM OFFENSES.—Any plication of subparagraphs (A)(i)(I), (III), (B), lowing: ‘‘No person shall be prosecuted, alien who at any time has been convicted (D), (E), (K), and (M) of subsection (a)(2)’’; tried, or punished for a violation of any sec- under any law of, or who admits having com- (B) by striking ‘‘a criminal act involving torture.’’ and inserting ‘‘a criminal act in- tion of chapters 69 (relating to nationality mitted or admits committing acts which and citizenship offenses) and 75 (relating to volving torture, or has been convicted of an constitute the essential elements of, pur- passport, visa, and immigration offenses), or aggravated felony.’’; chasing, selling, offering for sale, exchang- for a violation of any criminal provision of (C) by striking ‘‘if either since the date of ing, using, owning, possessing, or carrying, sections 243, 266, 274, 275, 276, 277, or 278 of the such admission the alien has been convicted or of attempting or conspiring to purchase, Immigration and Nationality Act, or for an sell, offer for sale, exchange, use, own, pos- of an aggravated felony or the alien’’ and in- attempt or conspiracy to violate any such sess, or carry, any weapon, part, or accessory serting ‘‘if since the date of such admission section, unless the indictment is returned or which is a firearm or destructive device (as the alien’’; and the information is filed within ten years defined in section 921(a) of title 18, United (D) by inserting ‘‘or Secretary of Homeland after the commission of the offense.’’. Security’’ after ‘‘the Attorney General’’ States Code) in violation of any law is inad- SEC. 3735. CONFORMING AMENDMENT TO THE missible. wherever that phrase appears. DEFINITION OF RACKETEERING AC- (b) DEPORTABILITY; CRIMINAL OFFENSES.— ‘‘(L) AGGRAVATED FELONS.—Any alien who TIVITY. has been convicted of an aggravated felony Section 237(a)(3)(B) of the Immigration and Section 1961(1) of title 18, United States at any time is inadmissible. Nationality Act (8 U.S.C. 1227(a)(3)(B)) is Code, is amended by striking ‘‘section 1542’’ amended— ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, STALK- through ‘‘section 1546 (relating to fraud and (1) in clause (ii), by striking ‘‘or’’ at the ING, OR VIOLATION OF PROTECTION ORDERS, misuse of visas, permits, and other docu- end; CRIMES AGAINST CHILDREN.— ments)’’ and inserting ‘‘sections 1541-1548 (re- (2) in clause (iii), by inserting ‘‘or’’ at the ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND lating to passports and visas)’’. end; and CHILD ABUSE.—Any alien who at any time is SEC. 3736. CONFORMING AMENDMENTS FOR THE (3) by inserting after clause (iii) the fol- convicted of, or who admits having com- AGGRAVATED FELONY DEFINITION. lowing: mitted or admits committing acts which (a) IN GENERAL.—Subparagraph (P) of sec- ‘‘(iv) of a violation of, or an attempt or a constitute the essential elements of, a crime tion 101(a)(43) of the Immigration and Na- conspiracy to violate, section 1425(a) or (b) of of domestic violence, a crime of stalking, or tionality Act (8 U.S.C. 1101(a)(43)) is amend- Title 18 (relating to the procurement of citi- a crime of child abuse, child neglect, or child ed— zenship or naturalization unlawfully),’’. abandonment is inadmissible. For purposes (1) by striking ‘‘(i) which either is falsely (c) DEPORTABILITY; CRIMINAL OFFENSES.— making, forging, counterfeiting, mutilating, of this clause, the term ‘crime of domestic Section 237(a)(2) of the Immigration and Na- violence’ means any crime of violence (as de- or altering a passport or instrument in viola- tionality Act (8 U.S.C. 1227(a)(2)) is amended tion of section 1543 of title 18, United States fined in section 16 of title 18, United States by adding at the end the following: Code) against a person committed by a cur- Code, or is described in section 1546(a) of ‘‘(G) Any alien who at any time after ad- such title (relating to document fraud) and rent or former spouse of the person, by an in- mission has been convicted of a violation of dividual with whom the person shares a child (ii)’’ and inserting ‘‘which is described in any (or a conspiracy or attempt to violate) sec- section of chapter 75 of title 18, United in common, by an individual who is cohab- tion 408 of title 42, United States Code (relat- iting with or has cohabited with the person States Code,’’; and ing to social security account numbers or so- (2) by inserting after ‘‘first offense’’ the as a spouse, by an individual similarly situ- cial security cards) or section 1028 of title 18, ated to a spouse of the person under the do- following: ‘‘(i) that is not described in sec- United States Code (relating to fraud and re- tion 1548 of such title (relating to increased mestic or family violence laws of the juris- lated activity in connection with identifica- diction where the offense occurs, or by any penalties), and (ii)’’. tion) is deportable.’’. (b) EFFECTIVE DATE.—The amendment other individual against a person who is pro- (d) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on tected from that individual’s acts under the made by this section shall apply— the date of the enactment of this Act and domestic or family violence laws of the (1) to any act that occurred before, on, or shall apply to acts that occur before, on, or United States or any State, Indian tribal after the date of the enactment of this Act; after the date of the enactment of this Act. government, or unit of local or foreign gov- and ernment. SEC. 3737. PRECLUDING REFUGEE OR ASYLEE (2) to all aliens who are required to estab- ADJUSTMENT OF STATUS FOR AG- ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— lish admissibility on or after such date, and GRAVATED FELONS. Any alien who at any time is enjoined under in all removal, deportation, or exclusion pro- (a) IN GENERAL.—Section 209(c) of the Im- a protection order issued by a court and ceedings that are filed, pending, or reopened, migration and Nationality Act (8 U.S.C. whom the court determines has engaged in on or after such date. 1159(c)) is amended by adding at the end conduct that violates the portion of a protec- (e) CONSTRUCTION.—The amendments made thereof the following: ‘‘However, an alien tion order that involves protection against by subsection (a) shall not be construed to who is convicted of an aggravated felony is credible threats of violence, repeated harass- create eligibility for relief from removal not eligible for a waiver or for adjustment of ment, or bodily injury to the person or per- under former section 212(c) of the Immigra- status under this section.’’. sons for whom the protection order was tion and Nationality Act where such eligi- (b) EFFECTIVE DATE.—The amendment issued is inadmissible. For purposes of this bility did not exist before these amendments made by subsection (a) shall apply— clause, the term ‘protection order’ means became effective. (1) to any act that occurred before, on, or any injunction issued for the purpose of pre- SEC. 3733. ESPIONAGE CLARIFICATION. after the date of the enactment of this Act; venting violent or threatening acts of domes- Section 212(a)(3)(A) of the Immigration and and tic violence, including temporary or final or- Nationality Act (8 U.S.C. 1182(a)(3)(A)), is (2) to all aliens who are required to estab- ders issued by civil or criminal courts (other amended to read as follows: lish admissibility on or after such date, and than support or child custody orders or pro- ‘‘(A) Any alien who a consular officer, the in all removal, deportation, or exclusion pro- visions) whether obtained by filing an inde- Attorney General, or the Secretary of Home- ceedings that are filed, pending, or reopened, pendent action or as a independent order in land Security knows, or has reasonable on or after such date. another proceeding. ground to believe, seeks to enter the United SEC. 3738. INADMISSIBILITY AND DEPORT- ‘‘(iii) WAIVER AUTHORIZED.—The waiver au- States to engage solely, principally, or inci- ABILITY OF DRUNK DRIVERS. thority available under section 237(a)(7) with dentally in, or who is engaged in, or with re- (a) IN GENERAL.—Section 101(a)(43) of the respect to section 237(a)(2)(E)(i) shall be spect to clauses (i) and (iii) of this subpara- Immigration and Nationality Act (8 U.S.C. available on a comparable basis with respect graph has engaged in— 1101(a)(43)) is amended— to this subparagraph. ‘‘(i) any activity— (1) in subparagraph (T), by striking ‘‘and’’; ‘‘(iv) CLARIFICATION.—If the conviction ‘‘(I) to violate any law of the United States (2) in subparagraph (U); by striking the pe- records do not conclusively establish wheth- relating to espionage or sabotage; or riod at the end and inserting ‘‘; and’’; and er a crime of domestic violence constitutes a ‘‘(II) to violate or evade any law prohib- (3) by inserting after subparagraph (U) the crime of violence (as defined in section 16 of iting the export from the United States of following:. title 18, United States Code), the Attorney goods, technology, or sensitive information; ‘‘(V) A second conviction for driving while General may consider other evidence related ‘‘(ii) any other unlawful activity; or intoxicated (including a conviction for driv- to the conviction that clearly establishes ‘‘(iii) any activity a purpose of which is the ing while under the influence of or impaired that the conduct for which the alien was en- opposition to, or the control or overthrow of, by alcohol or drugs) without regard to gaged constitutes a crime of violence.’’; and the Government of the United States by whether the conviction is classified as a mis- (3) in subsection (h)— force, violence, or other unlawful means; demeanor or felony under State law.’’.

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(b) EFFECTIVE DATE.—The amendments writ of habeas corpus in accordance with ‘‘(II) until the alien is removed, if the Sec- made by subsection (a) shall take effect on chapter 153 of title 28, United States Code. retary of Homeland Security certifies in the date of the enactment of this Act and No alien whose period of detention is ex- writing— apply to convictions entered on or after such tended under this subparagraph shall have ‘‘(aa) in consultation with the Secretary of date. the right to seek release on bond.’’; Health and Human Services, that the alien SEC. 3739. DETENTION OF DANGEROUS ALIENS. (4) in paragraph (3)— has a highly contagious disease that poses a (a) IN GENERAL.—Section 241(a) of the Im- (A) by adding after ‘‘If the alien does not threat to public safety; migration and Nationality Act (8 U.S.C. leave or is not removed within the removal ‘‘(bb) after receipt of a written rec- 1231(a)) is amended— period’’ the following: ‘‘or is not detained ommendation from the Secretary of State, (1) by striking ‘‘Attorney General’’ each pursuant to paragraph (6) of this sub- that release of the alien is likely to have se- place it appears, except for the first ref- section’’; and rious adverse foreign policy consequences for erence in paragraph (4)(B)(i), and inserting (B) by striking subparagraph (D) and in- the United States; ‘‘Secretary of Homeland Security’’; serting the following: ‘‘(cc) based on information available to the (2) in paragraph (1), by amending subpara- ‘‘(D) to obey reasonable restrictions on the Secretary of Homeland Security (including graph (B) to read as follows: alien’s conduct or activities that the Sec- classified, sensitive, or national security in- ‘‘(B) BEGINNING OF PERIOD.—The removal retary prescribes for the alien, in order to formation, and without regard to the period begins on the latest of the following: prevent the alien from absconding, for the grounds upon which the alien was ordered re- ‘‘(i) The date the order of removal becomes protection of the community, or for other moved), that there is reason to believe that administratively final. purposes related to the enforcement of the the release of the alien would threaten the ‘‘(ii) If the alien is not in the custody of immigration laws.’’; national security of the United States; or the Secretary on the date the order of re- (5) in paragraph (4)(A), by striking ‘‘para- ‘‘(dd) that the release of the alien will moval becomes administratively final, the graph (2)’’ and inserting ‘‘subparagraph (B)’’; threaten the safety of the community or any date the alien is taken into such custody. and person, conditions of release cannot reason- ‘‘(iii) If the alien is detained or confined (6) by striking paragraph (6) and inserting ably be expected to ensure the safety of the (except under an immigration process) on the following: community or any person, and either (AA) the date the order of removal becomes ad- ‘‘(6) ADDITIONAL RULES FOR DETENTION OR the alien has been convicted of one or more ministratively final, the date the alien is RELEASE OF CERTAIN ALIENS.— aggravated felonies (as defined in section taken into the custody of the Secretary, ‘‘(A) DETENTION REVIEW PROCESS FOR COOP- 101(a)(43)(A)) or of one or more crimes identi- after the alien is released from such deten- ERATIVE ALIENS ESTABLISHED.—For an alien fied by the Secretary of Homeland Security tion or confinement.’’; who is not otherwise subject to mandatory by regulation, or of one or more attempts or (3) in paragraph (1), by amending subpara- detention, who has made all reasonable ef- conspiracies to commit any such aggravated graph (C) to read as follows: forts to comply with a removal order and to felonies or such identified crimes, if the ag- ‘‘(C) SUSPENSION OF PERIOD.— cooperate fully with the Secretary of Home- gregate term of imprisonment for such at- ‘‘(i) EXTENSION.—The removal period shall land Security’s efforts to establish the tempts or conspiracies is at least 5 years; or be extended beyond a period of 90 days and alien’s identity and carry out the removal (BB) the alien has committed one or more the Secretary may, in the Secretary’s sole order, including making timely application crimes of violence (as defined in section 16 of discretion, keep the alien in detention dur- in good faith for travel or other documents title 18, United States Code, but not includ- ing such extended period if— necessary to the alien’s departure, and who ing a purely political offense) and, because of ‘‘(I) the alien fails or refuses to make all has not conspired or acted to prevent re- a mental condition or personality disorder reasonable efforts to comply with the re- moval, the Secretary shall establish an ad- and behavior associated with that condition moval order, or to fully cooperate with the ministrative review process to determine or disorder, the alien is likely to engage in Secretary’s efforts to establish the alien’s whether the alien should be detained or re- acts of violence in the future; or identity and carry out the removal order, in- leased on conditions. The Secretary shall ‘‘(III) pending a certification under sub- cluding making timely application in good make a determination whether to release an clause (II), so long as the Secretary of Home- faith for travel or other documents nec- alien after the removal period in accordance land Security has initiated the administra- essary to the alien’s departure or conspires with subparagraph (B). The determination tive review process not later than 30 days or acts to prevent the alien’s removal that is shall include consideration of any evidence after the expiration of the removal period subject to an order of removal; submitted by the alien, and may include con- (including any extension of the removal pe- ‘‘(II) a court, the Board of Immigration Ap- sideration of any other evidence, including riod, as provided in paragraph (1)(C)). peals, or an immigration judge orders a stay any information or assistance provided by ‘‘(iii) NO RIGHT TO BOND HEARING.—An alien of removal of an alien who is subject to an the Secretary of State or other Federal offi- whose detention is extended under this sub- administratively final order of removal; cial and any other information available to paragraph shall have no right to seek release ‘‘(III) the Secretary transfers custody of the Secretary of Homeland Security per- on bond, including by reason of a certifi- the alien pursuant to law to another Federal taining to the ability to remove the alien. cation under clause (ii)(II). agency or a State or local government agen- ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- cy in connection with the official duties of MOVAL PERIOD.— CATION.— such agency; or ‘‘(i) IN GENERAL.—The Secretary of Home- ‘‘(i) RENEWAL.—The Secretary of Homeland ‘‘(IV) a court or the Board of Immigration land Security, in the exercise of the Sec- Security may renew a certification under Appeals orders a remand to an immigration retary’s sole discretion, may continue to de- subparagraph (B)(ii)(II) every 6 months, after judge or the Board of Immigration Appeals, tain an alien for 90 days beyond the removal providing an opportunity for the alien to re- during the time period when the case is period (including any extension of the re- quest reconsideration of the certification pending a decision on remand (with the re- moval period as provided in paragraph and to submit documents or other evidence moval period beginning anew on the date (1)(C)). An alien whose detention is extended in support of that request. If the Secretary that the alien is ordered removed on re- under this subparagraph shall have no right does not renew a certification, the Secretary mand). to seek release on bond. may not continue to detain the alien under ‘‘(ii) RENEWAL.—If the removal period has ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- subparagraph (B)(ii)(II). been extended under clause (C)(i), a new re- retary of Homeland Security, in the exercise ‘‘(ii) DELEGATION.—Notwithstanding sec- moval period shall be deemed to have begun of the Secretary’s sole discretion, may con- tion 103, the Secretary of Homeland Security on the date— tinue to detain an alien beyond the 90 days may not delegate the authority to make or ‘‘(I) the alien makes all reasonable efforts authorized in clause (i)— renew a certification described in item (bb), to comply with the removal order, or to fully ‘‘(I) until the alien is removed, if the Sec- (cc), or (dd) of subparagraph (B)(ii)(II) below cooperate with the Secretary’s efforts to es- retary, in the Secretary’s sole discretion, de- the level of the Assistant Secretary for Im- tablish the alien’s identity and carry out the termines that there is a significant likeli- migration and Customs Enforcement. removal order; hood that the alien— ‘‘(iii) HEARING.—The Secretary of Home- ‘‘(II) the stay of removal is no longer in ef- ‘‘(aa) will be removed in the reasonably land Security may request that the Attorney fect; or foreseeable future; or General or the Attorney General’s designee ‘‘(III) the alien is returned to the custody ‘‘(bb) would be removed in the reasonably provide for a hearing to make the determina- of the Secretary. foreseeable future, or would have been re- tion described in item (dd)(BB) of subpara- ‘‘(iii) MANDATORY DETENTION FOR CERTAIN moved, but for the alien’s failure or refusal graph (B)(ii)(II). ALIENS.—In the case of an alien described in to make all reasonable efforts to comply ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- subparagraphs (A) through (D) of section with the removal order, or to cooperate fully mined that an alien should be released from 236(c)(1), the Secretary shall keep that alien with the Secretary’s efforts to establish the detention by a Federal court, the Board of in detention during the extended period de- alien’s identity and carry out the removal Immigration Appeals, or if an immigration scribed in clause (i). order, including making timely application judge orders a stay of removal, the Secretary ‘‘(iv) SOLE FORM OF RELIEF.—An alien may in good faith for travel or other documents of Homeland Security, in the exercise of the seek relief from detention under this sub- necessary to the alien’s departure, or con- Secretary’s discretion, may impose condi- paragraph only by filing an application for a spires or acts to prevent removal; tions on release as provided in paragraph (3).

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‘‘(E) REDETENTION.—The Secretary of ‘‘(B) Aliens described in section 212(a)(3) or section 277 (relating to aiding or assisting Homeland Security, in the exercise of the 237(a)(4). certain aliens to enter the United States), or Secretary’s discretion, without any limita- ‘‘(C) Aliens described in subsection (c). section 278 (relating to importation of alien tions other than those specified in this sec- ‘‘(2) SPECIAL RULE.—The Attorney Gen- for immoral purpose). tion, may again detain any alien subject to eral’s review of the Secretary’s custody de- ‘‘(iii) A crime of violence (as defined in sec- a final removal order who is released from terminations under subsection (a) for aliens tion 16 of title 18, United States Code). custody, if removal becomes likely in the in deportation proceedings subject to section ‘‘(iv) A crime involving obstruction of jus- reasonably foreseeable future, the alien fails 242(a)(2) of the Act (as in effect prior to April tice, tampering with or retaliating against a to comply with the conditions of release, or 1, 1997, and as amended by section 440(c) of witness, victim, or informant, or burglary. to continue to satisfy the conditions de- Public Law 104–132) shall be limited to a de- ‘‘(v) Any conduct punishable under sec- scribed in subparagraph (A), or if, upon re- termination of whether the alien is properly tions 1028 and 1029 of title 18, United States consideration, the Secretary, in the Sec- included in such category. Code (relating to fraud and related activity retary’s sole discretion, determines that the ‘‘(h) RELEASE ON BOND.— in connection with identification documents alien can be detained under subparagraph ‘‘(1) IN GENERAL.—An alien detained under or access devices), sections 1581 through 1594 (B). This section shall apply to any alien re- subsection (a) may seek release on bond. No of such title (relating to peonage, slavery turned to custody pursuant to this subpara- bond may be granted except to an alien who and trafficking in persons), section 1952 of graph, as if the removal period terminated establishes by clear and convincing evidence such title (relating to interstate and foreign on the day of the redetention. that the alien is not a flight risk or a risk to travel or transportation in aid of racket- ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- another person or the community. eering enterprises), section 1956 of such title RETARY.—A determination by the Secretary ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien (relating to the laundering of monetary in- under this paragraph shall not be subject to detained under subsection (c) may seek re- struments), section 1957 of such title (relat- review by any other agency.’’. lease on bond.’’. ing to engaging in monetary transactions in (b) DETENTION OF ALIENS DURING REMOVAL (5) CLERICAL AMENDMENTS.—(A) Section property derived from specified unlawful ac- PROCEEDINGS.— 236(a)(2)(B) of the Immigration and Nation- tivity), or sections 2312 through 2315 of such (1) CLERICAL AMENDMENT.—(A) Section 236 ality Act (8 U.S.C. 1226(a)(2)(B)) is amended title (relating to interstate transportation of of the Immigration and Nationality Act (8 by striking ‘‘conditional parole’’ and insert- stolen motor vehicles or stolen property). U.S.C. 1226) is amended by striking ‘‘Attor- ing ‘‘recognizance’’. ‘‘(vi) A conspiracy to commit an offense ney General’’ each place it appears (except in (B) Section 236(b) of such Act (8 U.S.C. described in clauses (i) through (v). the second place that term appears in sec- 1226(b)) is amended by striking ‘‘parole’’ and ‘‘(B) Notwithstanding any other provision tion 236(a)) and inserting ‘‘Secretary of inserting ‘‘recognizance’’. of law (including any effective date), the Homeland Security’’. (c) SEVERABILITY.—If any of the provisions term applies regardless of whether the con- (B) Section 236(a) of such Act (8 U.S.C. of this section or any amendment by this duct occurred before, on, or after the date of 1226(a)) is amended by inserting ‘‘the Sec- section, or the application of any such provi- the enactment of this paragraph.’’. retary of Homeland Security or’’ before ‘‘the sion to any person or circumstance, is held (b) INADMISSIBILITY.—Section 212(a)(2) of Attorney General—’’. to be invalid for any reason, the remainder such Act (8 U.S.C. 1182(a)(2)), as amended by (C) Section 236(e) of such Act (8 U.S.C. of this section and of amendments made by section 302(a)(2) of this Act, is further 1226(e)) is amended by striking ‘‘Attorney this section, and the application of the provi- amended by adding at the end the following: General’s’’ and inserting ‘‘Secretary of sions and of the amendments made by this ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL Homeland Security’s’’. section to any other person or circumstance GANGS.—Any alien is inadmissible who a con- shall not be affected by such holding. (2) LENGTH OF DETENTION.—Section 236 of sular officer, the Secretary of Homeland Se- (d) EFFECTIVE DATES.— such Act (8 U.S.C. 1226) is amended by adding curity, or the Attorney General knows or has (1) The amendments made by subsection at the end the following: reason to believe— (a) shall take effect upon the date of enact- ‘‘(f) LENGTH OF DETENTION.— ‘‘(i) to be or to have been a member of a ment of this Act, and section 241 of the Im- criminal gang (as defined in section ‘‘(1) IN GENERAL.—Notwithstanding any migration and Nationality Act, as so amend- other provision of this section, an alien may 101(a)(53)); or ed, shall in addition apply to— ‘‘(ii) to have participated in the activities be detained under this section for any period, (A) all aliens subject to a final administra- without limitation, except as provided in of a criminal gang (as defined in section tive removal, deportation, or exclusion order 101(a)(53)), knowing or having reason to subsection (h), until the alien is subject to a that was issued before, on, or after the date final order of removal. know that such activities will promote, fur- of the enactment of this Act; and ther, aid, or support the illegal activity of ‘‘(2) CONSTRUCTION.—The length of deten- (B) acts and conditions occurring or exist- tion under this section shall not affect de- the criminal gang.’’. ing before, on, or after such date. (c) DEPORTABILITY.—Section 237(a)(2) of the tention under section 241.’’. (2) The amendments made by subsection (3) DETENTION OF CRIMINAL ALIENS.—Sec- Immigration and Nationality Act (8 U.S.C. (b) shall take effect upon the date of the en- 1227(a)(2)), as amended by section 302(c) of tion 236(c)(1) of the Immigration and Nation- actment of this Act, and section 236 of the ality Act (8 U.S.C. 1226(c)(1)) is amended, in this Act, is further amended by adding at the Immigration and Nationality Act, as so end the following: the matter following subparagraph (D) to amended, shall in addition apply to any alien read as follows: ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL in detention under provisions of such section GANGS.—Any alien is deportable who the Sec- ‘‘any time after the alien is released, with- on or after such date. out regard to whether an alien is released re- retary of Homeland Security or the Attorney SEC. 3740. GROUNDS OF INADMISSIBILITY AND lated to any activity, offense, or conviction General knows or has reason to believe— DEPORTABILITY FOR ALIEN GANG ‘‘(i) is or has been a member of a criminal described in this paragraph; to whether the MEMBERS. gang (as defined in section 101(a)(53)); or alien is released on parole, supervised re- (a) DEFINITION OF GANG MEMBER.—Section ‘‘(ii) has participated in the activities of a lease, or probation; or to whether the alien 101(a) of the Immigration and Nationality criminal gang (as so defined), knowing or may be arrested or imprisoned again for the Act (8 U.S.C. 1101(a)) is amended by adding at having reason to know that such activities same offense. If the activity described in this the end the following: paragraph does not result in the alien being ‘‘(53)(A) The term ‘criminal gang’ means an will promote, further, aid, or support the il- taken into custody by any person other than ongoing group, club, organization, or asso- legal activity of the criminal gang.’’. the Secretary, then when the alien is ciation of 5 or more persons that has as one (d) DESIGNATION.— brought to the attention of the Secretary or of its primary purposes the commission of 1 (1) IN GENERAL.—Chapter 2 of title II of the when the Secretary determines it is prac- or more of the following criminal offenses Immigration and Nationality Act (8 U.S.C. tical to take such alien into custody, the and the members of which engage, or have 1182) is amended by inserting after section Secretary shall take such alien into cus- engaged within the past 5 years, in a con- 219 the following: tody.’’. tinuing series of such offenses, or that has ‘‘DESIGNATION (4) ADMINISTRATIVE REVIEW.—Section 236 of been designated as a criminal gang by the ‘‘SEC. 220. (a) IN GENERAL.—The Secretary the Immigration and Nationality Act (8 Secretary of Homeland Security, in con- of Homeland Security, in consultation with U.S.C. 1226), as amended by paragraph (2), is sultation with the Attorney General, as the Attorney General, and the Secretary of further amended by adding at the end the meeting these criteria. The offenses de- State may designate a groups or association following: scribed, whether in violation of Federal or as a criminal street gangs if their conduct is ‘‘(g) ADMINISTRATIVE REVIEW.— State law or foreign law and regardless of described in section 101(a)(53) or if the group ‘‘(1) IN GENERAL.—The Attorney General’s whether the offenses occurred before, on, or or association conduct poses a significant review of the Secretary’s custody determina- after the date of the enactment of this para- risk that threatens the security and the pub- tions under subsection (a) for the following graph, are the following: lic safety of United States nationals or the classes of aliens shall be limited to whether ‘‘(i) A ‘felony drug offense’ (as defined in national security, homeland security, for- the alien may be detained, released on bond section 102 of the Controlled Substances Act eign policy, or economy of the United States. (of at least $1,500 with security approved by (21 U.S.C. 802)). ‘‘(b) EFFECTIVE DATE.—Designations under the Secretary), or released with no bond: ‘‘(ii) An offense under section 274 (relating subsection (a) shall remain in effect until ‘‘(A) Aliens in exclusion proceedings. to bringing in and harboring certain aliens), the designation is revoked after consultation

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Designation.’’. (B) reads as follows: shall, for each alien in respect to whom a (e) MANDATORY DETENTION OF CRIMINAL ‘‘(B) knowing that the transaction— violation of paragraph (1) occurs— STREET GANG MEMBERS.— ‘‘(i) conceals or disguises, or is intended to ‘‘(A) except as provided in subparagraphs (1) IN GENERAL.—Section 236(c)(1)(D) of the conceal or disguise, the nature, source, loca- (C) through (G), if the violation was not com- Immigration and Nationality Act (8 U.S.C. tion, ownership, or control of the proceeds of mitted for commercial advantage, profit, or 1226(c)(1)(D)) is amended— some form of unlawful activity; or private financial gain, be fined under title 18, (A) by inserting ‘‘or 212(a)(2)(N)’’ after ‘‘(ii) avoids, or is intended to avoid, a United States Code, imprisoned for not more ‘‘212(a)(3)(B)’’; and transaction reporting requirement under than 5 years, or both; (B) by inserting ‘‘or 237(a)(2)(H)’’ before State or Federal law,’’; and ‘‘(B) except as provided in subparagraphs ‘‘237(a)(4)(B)’’. (2) in paragraph (2) so that subparagraph (C) through (G), if the violation was com- (2) ANNUAL REPORT.—Not later than March (B) reads as follows: mitted for commercial advantage, profit, or 1 of each year (beginning 1 year after the ‘‘(B) knowing that the monetary instru- private financial gain— date of the enactment of this Act), the Sec- ment or funds involved in the transpor- ‘‘(i) be fined under such title, imprisoned retary of Homeland Security, after consulta- tation, transmission, or transfer represent for not more than 20 years, or both, if the tion with the appropriate Federal agencies, the proceeds of some form of unlawful activ- violation is the offender’s first violation shall submit a report to the Committees on ity, and knowing that such transportation, under this subparagraph; or the Judiciary of the House of Representa- transmission, or transfer— ‘‘(ii) be fined under such title, imprisoned tives and of the Senate on the number of ‘‘(i) conceals or disguises, or is intended to for not more than 25 years, or both, if the aliens detained under the amendments made conceal or disguise, the nature, source, loca- violation is the offender’s second or subse- by paragraph (1). tion, ownership, or control of the proceeds of quent violation of this subparagraph; (f) ASYLUM CLAIMS BASED ON GANG AFFILI- some form of unlawful activity; or ‘‘(C) if the violation furthered or aided the ATION.— ‘‘(ii) avoids, or is intended to avoid, a commission of any other offense against the (1) INAPPLICABILITY OF RESTRICTION ON RE- transaction reporting requirement under United States or any State that is punish- MOVAL TO CERTAIN COUNTRIES.—Section State or Federal law,’’. able by imprisonment for more than 1 year, 241(b)(3)(B) of the Immigration and Nation- SEC. 3742. INCREASED CRIMINAL PENALTIES RE- be fined under such title, imprisoned for not ality Act (8 U.S.C. 1251(b)(3)(B)) is amended, LATING TO ALIEN SMUGGLING AND more than 20 years, or both; in the matter preceding clause (i), by insert- RELATED OFFENSES. ‘‘(D) be fined under such title, imprisoned ing ‘‘who is described in section (a) IN GENERAL.—Section 274 of the Immi- not more than 20 years, or both, if the viola- 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who gration and Nationality Act (8 U.S.C. 1324), is tion created a substantial and foreseeable is’’ after ‘‘to an alien’’. amended to read as follows: risk of death, a substantial and foreseeable (2) INELIGIBILITY FOR ASYLUM.—Section ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OF- risk of serious bodily injury (as defined in 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) FENSES. section 2119(2) of title 18, United States ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— is amended— Code), or inhumane conditions to another ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro- (A) in clause (v), by striking ‘‘or’’ at the person, including— vided in paragraph (3), a person shall be pun- end; ‘‘(i) transporting the person in an engine ished as provided under paragraph (2), if the (B) by redesignating clause (vi) as clause compartment, storage compartment, or person— (vii); and other confined space; ‘‘(A) facilitates, encourages, directs, or in- (C) by inserting after clause (v) the fol- ‘‘(ii) transporting the person at an exces- duces a person to come to or enter the lowing: sive speed or in excess of the rated capacity United States, or to cross the border to the ‘‘(vi) the alien is described in section of the means of transportation; or United States, knowing or in reckless dis- 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) (relat- ‘‘(iii) transporting the person in, harboring regard of the fact that such person is an ing to participation in criminal street the person in, or otherwise subjecting the alien who lacks lawful authority to come to, gangs); or’’. person to crowded or dangerous conditions; enter, or cross the border to the United (g) TEMPORARY PROTECTED STATUS.—Sec- ‘‘(E) if the violation caused serious bodily tion 244 of such Act (8 U.S.C. 1254a) is amend- States; injury (as defined in section 2119(2) of title ed— ‘‘(B) facilitates, encourages, directs, or in- 18, United States Code) to any person, be (1) by striking ‘‘Attorney General’’ each duces a person to come to or enter the fined under such title, imprisoned for not place it appears and inserting ‘‘Secretary of United States, or to cross the border to the more than 30 years, or both; Homeland Security’’; United States, at a place other than a des- ‘‘(F) be fined under such title and impris- (2) in subparagraph (c)(2)(B), by adding at ignated port of entry or place other than as oned for not more than 30 years if the viola- the end the following: designated by the Secretary of Homeland Se- tion involved an alien who the offender knew ‘‘(iii) the alien is, or at any time after ad- curity, knowing or in reckless disregard of or had reason to believe was— mission has been, a member of a criminal the fact that such person is an alien and re- ‘‘(i) engaged in terrorist activity (as de- gang (as defined in section 101(a)(53)).’’; and gardless of whether such alien has official fined in section 212(a)(3)(B)); or (3) in subsection (d)—— permission or lawful authority to be in the ‘‘(ii) intending to engage in terrorist activ- (A) by striking paragraph (3); and United States; ity; (B) in paragraph (4), by adding at the end ‘‘(C) transports, moves, harbors, conceals, ‘‘(G) if the violation caused or resulted in the following: ‘‘The Secretary of Homeland or shields from detection a person outside of the death of any person, be punished by Security may detain an alien provided tem- the United States knowing or in reckless dis- death or imprisoned for a term of years up to porary protected status under this section regard of the fact that such person is an life, and fined under title 18, United States whenever appropriate under any other provi- alien in unlawful transit from one country to Code. sion of law.’’. another or on the high seas, under cir- ‘‘(3) LIMITATION.—It is not a violation of (h) EFFECTIVE DATE.—The amendments cumstances in which the alien is seeking to subparagraph (D), (E), or (F) of paragraph (1) made by this section shall take effect on the enter the United States without official per- for a religious denomination having a bona date of the enactment of this Act and shall mission or lawful authority; fide nonprofit, religious organization in the apply to acts that occur before, on, or after ‘‘(D) encourages or induces a person to re- United States, or the agents or officers of the date of the enactment of this Act. side in the United States, knowing or in such denomination or organization, to en- SEC. 3741. LAUNDERING OF MONETARY INSTRU- reckless disregard of the fact that such per- courage, invite, call, allow, or enable an MENTS. son is an alien who lacks lawful authority to alien who is present in the United States to (a) ADDITIONAL PREDICATE OFFENSES.—Sec- reside in the United States; perform the vocation of a minister or mis- tion 1956(c)(7)(D) of title 18, United States ‘‘(E) transports or moves a person in the sionary for the denomination or organization Code, is amended— United States, knowing or in reckless dis- in the United States as a volunteer who is (1) by inserting ‘‘section 1590 (relating to regard of the fact that such person is an not compensated as an employee, notwith- trafficking with respect to peonage, slavery, alien who lacks lawful authority to enter or standing the provision of room, board, trav- involuntary servitude, or forced labor),’’ be in the United States, if the transportation el, medical assistance, and other basic living after ‘‘section 1363 (relating to destruction of or movement will further the alien’s illegal expenses, provided the minister or mis- property within the special maritime and entry into or illegal presence in the United sionary has been a member of the denomina- territorial jurisdiction),’’; and States; tion for at least 1 year. (2) by inserting ‘‘section 274(a) of the Im- ‘‘(F) harbors, conceals, or shields from de- ‘‘(4) EXTRATERRITORIAL JURISDICTION.— migration and Nationality Act (8 tection a person in the United States, know- There is extraterritorial Federal jurisdiction

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over the offenses described in this sub- ‘‘(3) PROCEEDS.—The term ‘proceeds’ in- which the alien received a term of imprison- section. cludes any property or interest in property ment of not less than 30 months, shall be ‘‘(b) SEIZURE AND FORFEITURE.— obtained or retained as a consequence of an fined under such title, imprisoned not more ‘‘(1) IN GENERAL.—Any real or personal act or omission in violation of this section. than 15 years, or both; and property used to commit or facilitate the ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlaw- ‘‘(E) if the violation occurred after the commission of a violation of this section, the ful transit’ means travel, movement, or tem- alien had been convicted of a felony for gross proceeds of such violation, and any porary presence that violates the laws of any which the alien received a term of imprison- property traceable to such property or pro- country in which the alien is present or any ment of not less than 60 months, such alien ceeds, shall be subject to forfeiture. country from which or to which the alien is shall be fined under such title, imprisoned ‘‘(2) APPLICABLE PROCEDURES.—Seizures traveling or moving.’’. not more than 20 years, or both. and forfeitures under this subsection shall be (b) CLERICAL AMENDMENT.—The table of ‘‘(3) PRIOR CONVICTIONS.—The prior convic- governed by the provisions of chapter 46 of contents for the Immigration and Nation- tions described in subparagraphs (C) through title 18, United States Code, relating to civil ality Act is amended by striking the item re- (E) of paragraph (2) are elements of the of- forfeitures, except that such duties as are lating to section 274 and inserting the fol- fenses described and the penalties in such imposed upon the Secretary of the Treasury lowing: subparagraphs shall apply only in cases in under the customs laws described in section ‘‘Sec. 274. Alien smuggling and related of- which the conviction or convictions that 981(d) shall be performed by such officers, fenses.’’. form the basis for the additional penalty agents, and other persons as may be des- (c) PROHIBITING CARRYING OR USING A FIRE- are— ignated for that purpose by the Secretary of ARM DURING AND IN RELATION TO AN ALIEN ‘‘(A) alleged in the indictment or informa- Homeland Security. SMUGGLING CRIME.—Section 924(c) of title 18, tion; and ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA- United States Code, is amended— ‘‘(B) proven beyond a reasonable doubt at TIONS OF VIOLATIONS.—In determining wheth- (1) in paragraph (1)— trial or admitted by the defendant. er a violation of subsection (a) has occurred, (A) in subparagraph (A)—— ‘‘(4) DURATION OF OFFENSE.—An offense prima facie evidence that an alien involved (i) by inserting ‘‘, alien smuggling crime,’’ under this subsection continues until the in the alleged violation lacks lawful author- after ‘‘any crime of violence’’; and alien is discovered within the United States ity to come to, enter, reside in, remain in, or (ii) by inserting ‘‘, alien smuggling crime,’’ by an immigration, customs, or agriculture be in the United States or that such alien after ‘‘such crime of violence’’; and officer. had come to, entered, resided in, remained (B) in subparagraph (D)(ii), by inserting ‘‘, ‘‘(5) ATTEMPT.—Whoever attempts to com- in, or been present in the United States in alien smuggling crime,’’ after ‘‘crime of vio- mit any offense under this section shall be violation of law may include: lence’’; and punished in the same manner as for a com- ‘‘(A) any order, finding, or determination (2) by adding at the end the following: pletion of such offense. concerning the alien’s status or lack of sta- ‘‘(6) For purposes of this subsection, the ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- tus made by a Federal judge or administra- term ‘alien smuggling crime’ means any fel- ALTIES.— tive adjudicator (including an immigration ony punishable under section 274(a), 277, or ‘‘(1) IN GENERAL.—Any alien who is appre- judge or immigration officer) during any ju- 278 of the Immigration and Nationality Act hended while entering, attempting to enter, dicial or administrative proceeding author- (8 U.S.C. 1324(a), 1327, and 1328).’’. or knowingly crossing or attempting to cross ized under Federal immigration law; SEC. 3743. PENALTIES FOR ILLEGAL ENTRY OR the border to the United States at a time or ‘‘(B) official records of the Department of PRESENCE. place other than as designated by immigra- (a) IN GENERAL.—Section 275 of the Immi- Homeland Security, the Department of Jus- tion officers shall be subject to a civil pen- gration and Nationality Act (8 U.S.C. 1325) is tice, or the Department of State concerning alty, in addition to any criminal or other amended to read as follows: the alien’s status or lack of status; and civil penalties that may be imposed under ‘‘(C) testimony by an immigration officer ‘‘ILLEGAL ENTRY any other provision of law, in an amount having personal knowledge of the facts con- ‘‘SEC. 275. (a) IN GENERAL.— equal to— cerning the alien’s status or lack of status. ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien ‘‘(A) not less than $50 or more than $250 for ‘‘(c) AUTHORITY TO ARREST.—No officer or shall be subject to the penalties set forth in each such entry, crossing, attempted entry, person shall have authority to make any ar- paragraph (2) if the alien— or attempted crossing; or rests for a violation of any provision of this ‘‘(A) knowingly enters or crosses the bor- ‘‘(B) twice the amount specified in para- section except: der into the United States at any time or graph (1) if the alien had previously been ‘‘(1) officers and employees designated by place other than as designated by the Sec- subject to a civil penalty under this sub- the Secretary of Homeland Security, either retary of Homeland Security; section.’’. individually or as a member of a class; and ‘‘(B) knowingly eludes, at any time or (b) CLERICAL AMENDMENT.—The table of ‘‘(2) other officers responsible for the en- place, examination or inspection by an au- contents for the Immigration and Nation- forcement of Federal criminal laws. thorized immigration, customs, or agri- ality Act is amended by striking the item re- ‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS culture officer (including by failing to stop lating to section 275 and inserting the fol- TESTIMONY.—Notwithstanding any provision at the command of such officer); lowing: of the Federal Rules of Evidence, the ‘‘(C) knowingly enters or crosses the bor- ‘‘275. Illegal entry.’’. videotaped or otherwise audiovisually pre- der to the United States and, upon examina- SEC. 3744. ILLEGAL REENTRY. served deposition of a witness to a violation tion or inspection, knowingly makes a false Section 276 of the Immigration and Nation- of subsection (a) who has been deported or or misleading representation or the knowing ality Act (8 U.S.C. 1326) is amended to read otherwise expelled from the United States, concealment of a material fact (including as follows: or is otherwise unavailable to testify, may such representation or concealment in the ‘‘REENTRY OF REMOVED ALIEN be admitted into evidence in an action context of arrival, reporting, entry, or clear- ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.— brought for that violation if: ance requirements of the customs laws, im- Any alien who has been denied admission, ‘‘(1) the witness was available for cross ex- migration laws, agriculture laws, or shipping excluded, deported, or removed, or who has amination at the deposition by the party, if laws); departed the United States while an order of any, opposing admission of the testimony; ‘‘(D) knowingly violates the terms or con- exclusion, deportation, or removal is out- and ditions of the alien’s admission or parole standing, and subsequently enters, attempts ‘‘(2) the deposition otherwise complies with into the United States; or to enter, crosses the border to, attempts to the Federal Rules of Evidence. ‘‘(E) knowingly is unlawfully present in cross the border to, or is at any time found ‘‘(e) DEFINITIONS.—In this section: the United States (as defined in section in the United States, shall be fined under ‘‘(1) CROSS THE BORDER TO THE UNITED 212(a)(9)(B)(ii) subject to the exceptions set title 18, United States Code, imprisoned not STATES.—The term ‘cross the border’ refers forth in section 212(a)(9)(B)(iii)). more than 2 years, or both. to the physical act of crossing the border, re- ‘‘(2) CRIMINAL PENALTIES.—Any alien who ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— gardless of whether the alien is free from of- violates any provision under paragraph (1): Notwithstanding the penalty provided in ficial restraint. ‘‘(A) shall, for the first violation, be fined subsection (a), if an alien described in that ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful under title 18, United States Code, impris- subsection was convicted before such re- authority’ means permission, authorization, oned not more than 6 months, or both; moval or departure: or license that is expressly provided for in ‘‘(B) shall, for a second or subsequent vio- ‘‘(1) for 3 or more misdemeanors or for a the immigration laws of the United States or lation, or following an order of voluntary de- felony, the alien shall be fined under title 18, accompanying regulations. The term does parture, be fined under such title, impris- United States Code, imprisoned not more not include any such authority secured by oned not more than 2 years, or both; than 10 years, or both; fraud or otherwise obtained in violation of ‘‘(C) if the violation occurred after the ‘‘(2) for a felony for which the alien was law or authority sought, but not approved. alien had been convicted of 3 or more mis- sentenced to a term of imprisonment of not No alien shall be deemed to have lawful au- demeanors or for a felony, shall be fined less than 30 months, the alien shall be fined thority to come to, enter, reside in, remain under such title, imprisoned not more than under such title, imprisoned not more than in, or be in the United States if such coming 10 years, or both; 15 years, or both; to, entry, residence, remaining, or presence ‘‘(D) if the violation occurred after the ‘‘(3) for a felony for which the alien was was, is, or would be in violation of law. alien had been convicted of a felony for sentenced to a term of imprisonment of not

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4609 less than 60 months, the alien shall be fined by which an alien stipulates or agrees to ex- made, procured by fraud, stolen, or produced under such title, imprisoned not more than clusion, deportation, or removal. or issued without lawful authority; or 20 years, or both; ‘‘(5) STATE.—The term ‘State’ means a ‘‘(4) violates the terms and conditions of ‘‘(4) for murder, rape, kidnapping, or a fel- State of the United States, the District of any safe conduct duly obtained and issued ony offense described in chapter 77 (relating Columbia, and any commonwealth, territory, under the authority of the United States; to peonage and slavery) or 113B (relating to or possession of the United States.’’. shall be fined under this title, imprisoned terrorism) of such title, or for 3 or more felo- SEC. 3745. REFORM OF PASSPORT, VISA, AND IM- not more than 15 years, or both. nies of any kind, the alien shall be fined MIGRATION FRAUD OFFENSES. ‘‘§ 1545. Schemes to defraud aliens under such title, imprisoned not more than Chapter 75 of title 18, United States Code, 25 years, or both. is amended to read as follows: ‘‘Whoever inside the United States, or in or ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— ‘‘CHAPTER 75—PASSPORTS AND VISAS affecting interstate or foreign commerce, in Any alien who has been denied admission, ‘‘Sec. connection with any matter that is author- excluded, deported, or removed 3 or more ‘‘1541. Issuance without authority. ized by or arises under the immigration laws times and thereafter enters, attempts to ‘‘1542. False statement in application and of the United States or any matter the of- enter, crosses the border to, attempts to use of passport. fender claims or represents is authorized by cross the border to, or is at any time found ‘‘1543. Forgery or false use of passport. or arises under the immigration laws of the in the United States, shall be fined under ‘‘1544. Misuse of a passport. United States, knowingly executes a scheme title 18, United States Code, imprisoned not ‘‘1545. Schemes to defraud aliens. or artifice— more than 10 years, or both. ‘‘1546. Immigration and visa fraud. ‘‘(1) to defraud any person, or ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The ‘‘1547. Attempts and conspiracies. ‘‘(2) to obtain or receive money or any- ‘‘1548. Alternative penalties for certain of- prior convictions described in subsection (b) thing else of value from any person by means are elements of the crimes described, and the fenses. ‘‘1549. Definitions. of false or fraudulent pretenses, representa- penalties in that subsection shall apply only tions, or promises; in cases in which the conviction or convic- ‘‘§ 1541. Issuance without authority tions that form the basis for the additional ‘‘(a) IN GENERAL.—Whoever— shall be fined under this title, imprisoned penalty are— ‘‘(1) acting or claiming to act in any office not more than 15 years, or both. ‘‘(1) alleged in the indictment or informa- or capacity under the United States, or a ‘‘§ 1546. Immigration and visa fraud tion; and State, without lawful authority grants, ‘‘Whoever knowingly— ‘‘(2) proven beyond a reasonable doubt at issues, or verifies any passport or other in- ‘‘(1) uses any immigration document issued trial or admitted by the defendant. strument in the nature of a passport to or for or designed for the use of another; ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an any person; or affirmative defense to a violation of this sec- ‘‘(2) forges, counterfeits, alters, or falsely ‘‘(2) being a consular officer authorized to makes any immigration document; tion that— grant, issue, or verify passports, knowingly ‘‘(1) prior to the alleged violation, the alien ‘‘(3) mails, prepares, presents, or signs any grants, issues, or verifies any such passport immigration document knowing it to con- had sought and received the express consent to or for any person not owing allegiance, to of the Secretary of Homeland Security to re- tain any materially false statement or rep- the United States, whether a citizen or not; resentation; apply for admission into the United States; shall be fined under this title or imprisoned ‘‘(4) secures, possesses, uses, transfers, re- or not more than 15 years, or both. ‘‘(2) with respect to an alien previously de- ‘‘(b) DEFINITION.—In this section, the term ceives, buys, sells, or distributes any immi- nied admission and removed, the alien— ‘State’ means a State of the United States, gration document knowing it to be forged, ‘‘(A) was not required to obtain such ad- the District of Columbia, and any common- counterfeited, altered, falsely made, stolen, vance consent under the Immigration and wealth, territory, or possession of the United procured by fraud, or produced or issued Nationality Act or any prior Act; and States. without lawful authority; ‘‘(5) adopts or uses a false or fictitious ‘‘(B) had complied with all other laws and ‘‘§ 1542. False statement in application and name to evade or to attempt to evade the regulations governing the alien’s admission use of passport immigration laws; into the United States. ‘‘Whoever knowingly— ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON ‘‘(6) transfers or furnishes, without lawful ‘‘(1) makes any false statement in an appli- UNDERLYING REMOVAL ORDER.—In a criminal authority, an immigration document to an- cation for passport with intent to induce or proceeding under this section, an alien may other person for use by a person other than secure the issuance of a passport under the not challenge the validity of any prior re- the person for whom the immigration docu- authority of the United States, either for his moval order concerning the alien. ment was issued or designed; or ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO own use or the use of another, contrary to ‘‘(7) produces, issues, authorizes, or COMPLETION OF TERM OF IMPRISONMENT.—Any the laws regulating the issuance of passports verifies, without lawful authority, an immi- alien removed pursuant to section 241(a)(4) or the rules prescribed pursuant to such gration document; who enters, attempts to enter, crosses the laws; or shall be fined under this title, imprisoned border to, attempts to cross the border to, or ‘‘(2) uses or attempts to use, or furnishes to not more than 15 years, or both. is at any time found in, the United States another for use any passport the issue of shall be incarcerated for the remainder of which was secured in any way by reason of ‘‘§ 1547. Attempts and conspiracies any false statement; the sentence of imprisonment which was ‘‘Whoever attempts or conspires to violate pending at the time of deportation without shall be fined under this title or imprisoned this chapter shall be punished in the same any reduction for parole or supervised re- not more than 15 years, or both. manner as a person who completes that vio- lease unless the alien affirmatively dem- ‘‘§ 1543. Forgery or false use of passport lation. onstrates that the Secretary of Homeland ‘‘Whoever— Security has expressly consented to the ‘‘§ 1548. Alternative penalties for certain of- ‘‘(1) falsely makes, forges, counterfeits, fenses alien’s reentry. Such alien shall be subject to mutilates, or alters any passport or instru- such other penalties relating to the reentry ment purporting to be a passport, with in- ‘‘(a) TERRORISM.—Whoever violates any of removed aliens as may be available under tent that the same may be used; or section in this chapter to facilitate an act of this section or any other provision of law. ‘‘(2) knowingly uses, or attempts to use, or international terrorism or domestic ter- ‘‘(h) DEFINITIONS.—For purposes of this sec- furnishes to another for use any such false, rorism (as such terms are defined in section tion and section 275, the following defini- 2331), shall be fined under this title or im- tions shall apply: forged, counterfeited, mutilated, or altered passport or instrument purporting to be a prisoned not more than 25 years, or both. ‘‘(1) CROSSES THE BORDER TO THE UNITED passport, or any passport validly issued ‘‘(b) DRUG TRAFFICKING OFFENSES.—Who- STATES.—The term ‘crosses the border’ refers ever violates any section in this chapter to to the physical act of crossing the border, re- which has become void by the occurrence of any condition therein prescribed invali- facilitate a drug trafficking crime (as de- gardless of whether the alien is free from of- fined in section 929(a)) shall be fined under ficial restraint. dating the same; shall be fined under this title or imprisoned this title or imprisoned not more than 20 ‘‘(2) FELONY.—The term ‘felony’ means any years, or both. criminal offense punishable by a term of im- not more than 15 years, or both. prisonment of more than 1 year under the ‘‘§ 1544. Misuse of a passport ‘‘§ 1549. Definitions laws of the United States, any State, or a ‘‘Whoever knowingly— ‘‘In this chapter: foreign government. ‘‘(1) uses any passport issued or designed ‘‘(1) An ‘application for a United States ‘‘(3) MISDEMEANOR.—The term ‘mis- for the use of another; passport’ includes any document, photo- demeanor’ means any criminal offense pun- ‘‘(2) uses any passport in violation of the graph, or other piece of evidence attached to ishable by a term of imprisonment of not conditions or restrictions therein contained, or submitted in support of the application. more than 1 year under the applicable laws or in violation of the laws, regulations, or ‘‘(2) The term ‘immigration document’ of the United States, any State, or a foreign rules governing the issuance and use of the means any instrument on which is recorded, government. passport; by means of letters, figures, or marks, mat- ‘‘(4) REMOVAL.—The term ‘removal’ in- ‘‘(3) secures, possesses, uses, receives, buys, ters which may be used to fulfill any require- cludes any denial of admission, exclusion, sells, or distributes any passport knowing it ment of the Immigration and Nationality deportation, or removal, or any agreement to be forged, counterfeited, altered, falsely Act.’’.

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SEC. 3746. FORFEITURE. (1) in subparagraph (A), by striking clause ‘‘(iii) CRIMES OF VIOLENCE.—If the convic- Section 981(a)(1) of title 18, United States (v); and tion records do not conclusively establish Code, is amended by adding at the end the (2) by adding at the end the following: whether a crime of domestic violence con- following: ‘‘(I) Any alien convicted of, or who admits stitutes a crime of violence (as defined in ‘‘(I) Any property, real or personal, that having committed, or who admits commit- section 16 of title 18, United States Code), has been used to commit or facilitate the ting acts which constitute the essential ele- the Attorney General may consider other commission of a violation of chapter 75, the ments of a violation of section 2250 of title evidence related to the conviction that gross proceeds of such violation, and any 18, United States Code (relating to failure to clearly establishes that the conduct for property traceable to any such property or register as a sex offender) is deportable.’’. which the alien was engaged constitutes a proceeds.’’. (c) EFFECTIVE DATE.—The amendments crime of violence.’’. SEC. 3747. EXPEDITED REMOVAL FOR ALIENS IN- made by this section shall take effect on the (c) EFFECTIVE DATE.—The amendments ADMISSIBLE ON CRIMINAL OR SECU- date of the enactment of this Act and shall made by this section shall take effect on the RITY GROUNDS. apply to acts that occur before, on, or after date of the enactment of this Act and shall (a) IN GENERAL.—Section 238(b) of the Im- the date of the enactment of this Act. apply to acts that occur before, on, or after migration and Nationality Act (8 U.S.C. SEC. 3749. PROTECTING IMMIGRANTS FROM CON- the date of the enactment of this Act. 1228(b)) is amended– VICTED SEX OFFENDERS. SEC. 3751. PENALTIES FOR FAILURE TO OBEY RE- (1) in paragraph (1)— (a) IMMIGRANTS.—Section 204(a)(1) of the MOVAL ORDERS. (A) by striking ‘‘Attorney General’’ and in- Immigration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Section 243(a)(1) of the serting ‘‘Secretary of Homeland Security in 1154(a)(1)), is amended— Immigration and Nationality Act (8 U.S.C. the exercise of discretion’’; and (1) in subparagraph (A), by amending 1253(a)(1)) is amended— (B) by striking ‘‘set forth in this sub- clause (viii) to read as follows: (1) by inserting ‘‘212(a) or’’ before ‘‘237(a),’’; section or’’ and inserting ‘‘set forth in this ‘‘(viii) Clause (i) shall not apply to a cit- and subsection, in lieu of removal proceedings izen of the United States who has been con- (2) by striking paragraph (3). victed of an offense described in subpara- under’’; (b) EFFECTIVE DATE.—The amendments (2) in paragraph (3), by striking ‘‘paragraph graph (A), (I), or (K) of section 101(a)(43), un- made by subsection (a) shall take effect on less the Secretary of Homeland Security, in (1) until 14 calendar days’’ and inserting the date of the enactment of this Act and the Secretary’s sole and unreviewable discre- ‘‘paragraph (1) or (3) until 7 calendar days’’; shall apply to acts that are described in sub- tion, determines that the citizen poses no (3) by striking ‘‘Attorney General’’ each paragraphs (A) through (D) of section risk to the alien with respect to whom a pe- place it appears in paragraphs (3) and (4) and 243(a)(1) of the Immigration and Nationality tition described in clause (i) is filed.’’; and inserting ‘‘Secretary of Homeland Security’’; Act (8 U.S.C. 1253(a)(1)) that occur on or after (2) in subparagraph (B)(i)— (4) in paragraph (5)— the date of the enactment of this Act. (A) by redesignating the second subclause (A) by striking ‘‘described in this section’’ (I) as subclause (II); and SEC. 3752. PARDONS. and inserting ‘‘described in paragraph (1) or (B) by amending such subclause (II) to read (a) DEFINITION.—Section 101(a) of the Im- (2)’’; and as follows: migration and Nationality Act (8 U.S.C. (B) by striking ‘‘the Attorney General may ‘‘(II) Subclause (I) shall not apply in the 1101(a)), as amended by section 311(a) of this grant in the Attorney General’s discretion’’ case of an alien admitted for permanent resi- Act, is further amended by adding at the end and inserting ‘‘the Secretary of Homeland dence who has been convicted of an offense the following: Security or the Attorney General may grant, described in subparagraph (A), (I), or (K) of ‘‘(54) The term ‘pardon’ means a full and in the discretion of the Secretary or Attor- section 101(a)(43), unless the Secretary of unconditional pardon granted by the Presi- ney General, in any proceeding’’; Homeland Security, in the Secretary’s sole dent of the United States, Governor of any of (5) by redesignating paragraphs (3), (4), and and unreviewable discretion, determines that the several States or constitutionally recog- (5) as paragraphs (4), (5), and (6), respec- the alien lawfully admitted for permanent nized body.’’. tively; and residence poses no risk to the alien with re- (b) DEPORTABILITY.—Section 237(a) of such (6) by inserting after paragraph (2) the fol- spect to whom a petition described in sub- Act (8 U.S.C. 1227(a)) is amended— lowing new paragraph: clause (I) is filed.’’. (1) in paragraph (2)(A), by striking clause ‘‘(3) The Secretary of Homeland Security (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (vi); and in the exercise of discretion may determine of such Act (8 U.S.C. 1101(a)(15)(K)), is (2) by adding at the end the following: inadmissibility under section 212(a)(2) (relat- amended by striking ‘‘204(a)(1)(A)(viii)(I))’’ ‘‘(8) PARDONS.— ing to criminal offenses) and issue an order each place such term appears and inserting ‘‘(A) IN GENERAL.—In the case of an alien of removal pursuant to the procedures set ‘‘204(a)(1)(A)(viii))’’. who has been convicted of a crime and is sub- forth in this subsection, in lieu of removal (c) EFFECTIVE DATE.—The amendments ject to removal due to that conviction, if the proceedings under section 240, with respect made by this section shall take effect on the alien, subsequent to receiving the criminal to an alien who date of the enactment of this Act and shall conviction, is granted a pardon, the alien ‘‘(A) has not been admitted or paroled; apply to petitions filed on or after such date. shall not be deportable by reason of that ‘‘(B) has not been found to have a credible SEC. 3750. CLARIFICATION TO CRIMES OF VIO- criminal conviction. LENCE AND CRIMES INVOLVING fear of persecution pursuant to the proce- ‘‘(B) EXCEPTION.—Subparagraph (A) shall MORAL TURPITUDE. dures set forth in section 235(b)(1)(B); and not apply in the case of an alien granted a (a) INADMISSIBLE ALIENS.—Section ‘‘(C) is not eligible for a waiver of inadmis- pardon if the pardon is granted in whole or sibility or relief from removal.’’. 212(a)(2)(A) of the Immigration and Nation- ality Act (8 U.S.C. 1182(a)(2)(A)) is amended in part to eliminate that alien’s condition of (b) EFFECTIVE DATE.—The amendments by adding at the end the following: deportability.’’. made by subsection (a) shall take effect on (c) EFFECTIVE DATE.—The amendments ‘‘(iii) CLARIFICATION.—If the conviction the date of the enactment of this Act but made by this section shall take effect on the records do not conclusively establish wheth- shall not apply to aliens who are in removal date of the enactment of this Act and shall er a crime constitutes a crime involving proceedings under section 240 of the Immi- apply to a pardon granted before, on, or after moral turpitude, the Attorney General may gration and Nationality Act as of such date. such date. consider other evidence related to the con- SEC. 3748. INCREASED PENALTIES BARRING THE viction that clearly establishes that the con- CHAPTER 4—AID TO U.S. IMMIGRATION ADMISSION OF CONVICTED SEX OF- AND CUSTOMS ENFORCEMENT OFFICERS FENDERS FAILING TO REGISTER duct for which the alien was engaged con- AND REQUIRING DEPORTATION OF stitutes a crime involving moral turpitude.’’. SEC. 3761. ICE IMMIGRATION ENFORCEMENT SEX OFFENDERS FAILING TO REG- (b) DEPORTABLE ALIENS.— AGENTS. ISTER. (1) GENERAL CRIMES.—Section 237(a)(2)(A) (a) IN GENERAL.—The Secretary shall au- (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of such Act (8 U.S.C. 1227(a)(2)(A)), as amend- thorize all immigration enforcement agents of the Immigration and Nationality Act (8 ed by section 320(b) of this Act, is further and deportation officers of the Department U.S.C. 1182(a)(2)(A)(i)), as amended by sec- amended by inserting after clause (iv) the who have successfully completed basic immi- tion 302(a) of this Act, is further amended— following: gration law enforcement training to exercise (1) in subclause (II), by striking ‘‘or’’ at the ‘‘(v) CRIMES INVOLVING MORAL TURPITUDE.— the powers conferred by— end; If the conviction records do not conclusively (1) section 287(a)(5)(A) of the Immigration (2) in subclause (III), by adding ‘‘or’’ at the establish whether a crime constitutes a and Nationality Act to arrest for any offense end; and crime involving moral turpitude, the Attor- against the United States; (3) by inserting after subclause (III) the fol- ney General may consider other evidence re- (2) section 287(a)(5)(B) of such Act to arrest lowing: lated to the conviction that clearly estab- for any felony; ‘‘(IV) a violation of section 2250 of title 18, lishes that the conduct for which the alien (3) section 274(a) of such Act to arrest for United States Code (relating to failure to was engaged constitutes a crime involving bringing in, transporting, or harboring cer- register as a sex offender);’’. moral turpitude.’’. tain aliens, or inducing them to enter; (b) DEPORTABILITY.—Section 237(a)(2) of (2) DOMESTIC VIOLENCE.—Section (4) section 287(a) of such Act to execute such Act (8 U.S.C. 1227(a)(2)), as amended by 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) warrants of arrest for administrative immi- sections 302(c) and 311(c) of this Act, is fur- is amended by adding at the end the fol- gration violations issued under section 236 of ther amended— lowing: the Act or to execute warrants of criminal

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arrest issued under the authority of the protected from retaliation by their super- (f) ADVISORY COUNCIL.—The ICE Advisory United States; and visors, managers, and other Department em- Council established by section 3764 shall in- (5) section 287(a) of such Act to carry fire- ployees for their participation on the Coun- clude an recommendations on how the pilot arms, provided that they are individually cil. program should work in the first quarterly qualified by training and experience to han- (g) PURPOSE.—The purpose of the Council report of the Council, and shall include as- dle and safely operate the firearms they are is to advise Congress and the Secretary on sessments of the program and recommenda- permitted to carry, maintain proficiency in issues including the following: tions for improvement in each subsequent re- the use of such firearms, and adhere to the (1) The current status of immigration en- port. provisions of the enforcement standard gov- forcement efforts, including prosecutions (g) EFFECTIVE DATE.—This section shall erning the use of force. and removals, the effectiveness of such ef- take effect 180 days after the date of the en- (b) PAY.—Immigration enforcement agents forts, and how enforcement could be im- actment of this Act. shall be paid on the same scale as Immigra- proved; SEC. 3766. ADDITIONAL ICE DEPORTATION OFFI- tion and Customs Enforcement deportation (2) The effectiveness of cooperative efforts CERS AND SUPPORT STAFF. officers and shall receive the same benefits. between the Secretary and other law en- (a) IN GENERAL.—The Secretary shall, sub- forcement agencies, including additional ject to the availability of appropriations for SEC. 3762. ICE DETENTION ENFORCEMENT OFFI- such purpose, increase the number of posi- CERS. types of enforcement activities that the Sec- retary should be engaged in, such as State tions for full-time active-duty Immigration (a) AUTHORIZATION.—The Secretary is au- and Customs Enforcement deportation offi- thorized to hire 2,500 Immigration and Cus- and local criminal task forces; (3) Personnel, equipment, and other re- cers by 5,000 above the number of full-time toms Enforcement detention enforcement of- positions for which funds were appropriated ficers. source needs of field personnel; (4) Improvements that should be made to for fiscal year 2013. (b) DUTIES.—Immigration and Customs En- the organizational structure of the Depart- (b) SUPPORT STAFF.—The Secretary shall, forcement detention enforcement officers subject to the availability of appropriations who have successfully completed detention ment, including whether the position of im- migration enforcement agent should be for such purpose, increase the number of po- enforcement officers’ basic training shall be sitions for full-time support staff for Immi- responsible for— merged into the deportation officer position; and gration and Customs Enforcement deporta- (1) taking and maintaining custody of any tion officers by 700 above the number of full- (5) The effectiveness of specific enforce- person who has been arrested by an immigra- time positions for which funds were appro- ment policies and regulations promulgated tion officer; priated for fiscal year 2013. by the Secretary, and whether other enforce- (2) transporting and guarding immigration SEC. 3767. ADDITIONAL ICE PROSECUTORS. detainees; ment priorities should be considered. (h) REPORTS.—The Council shall provide The Secretary shall increase by 60 the (3) securing Department detention facili- quarterly reports to the Chairmen and Rank- number of full-time trial attorneys working ties; and ing Members of the Judiciary Committees of for the Immigration and Customs Enforce- (4) assisting in the processing of detainees. the Senate and the House of Representatives ment Office of the Principal Legal Advisor. SEC. 3763. ENSURING THE SAFETY OF ICE OFFI- and to the Secretary. The Council members CHAPTER 5—MISCELLANEOUS CERS AND AGENTS. shall meet directly with the Chairmen and ENFORCEMENT PROVISIONS (a) BODY ARMOR.—The Secretary shall en- Ranking Members (or their designated rep- SEC. 3771. ENCOURAGING ALIENS TO DEPART sure that every Immigration and Customs resentatives) and with the Secretary to dis- VOLUNTARILY. Enforcement deportation officer and immi- cuss their reports every 6 months. (a) IN GENERAL.—Section 240B of the Immi- gration enforcement agent on duty is issued SEC. 3765. PILOT PROGRAM FOR ELECTRONIC gration and Nationality Act (8 U.S.C. 1229c) high-quality body armor that is appropriate FIELD PROCESSING. is amended— for the climate and risks faced by the agent. (a) IN GENERAL.—The Secretary shall es- (1) in subsection (a)— Enough body armor must be purchased to tablish a pilot program in at least five of the (A) by amending paragraph (1) to read as cover every agent in the field. 10 Immigration and Customs Enforcement follows: (b) WEAPONS.—Such Secretary shall ensure field offices with the largest removal case- ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If that Immigration and Customs Enforcement loads to allow Immigration and Customs de- an alien is not described in paragraph deportation officers and immigration en- portation officers and immigration enforce- (2)(A)(iii) or (4) of section 237(a), the Sec- forcement agents are equipped with weapons ment agents to— retary of Homeland Security may permit the that are reliable and effective to protect (1) electronically process and serve charg- alien to voluntarily depart the United States themselves, their fellow agents, and innocent ing documents, including Notices to Appear, at the alien’s own expense under this sub- third parties from the threats posed by while in the field; and section instead of being subject to pro- armed criminals. Such weapons shall in- (2) electronically process and place detain- ceedings under section 240.’’; clude, at a minimum, standard-issue hand- ers while in the field. (B) by striking paragraph (3); guns, M–4 (or equivalent) rifles, and Tasers. (b) DUTIES.—The pilot program described (C) by redesignating paragraph (2) as para- (c) EFFECTIVE DATE.—This section shall in subsection (a) shall be designed to allow graph (3); take effect 90 days after the date of the en- deportation officers and immigration en- (D) by adding after paragraph (1) the fol- actment of this Act. forcement agents to use handheld or vehicle- lowing: SEC. 3764. ICE ADVISORY COUNCIL. mounted computers to— ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL (1) enter any required data, including per- (a) ESTABLISHMENT.—An ICE Advisory PROCEEDINGS.—If an alien is not described in Council shall be established not later than 3 sonal information about the alien subject paragraph (2)(A)(iii) or (4) of section 237(a), months after the date of the enactment of and the reason for issuing the document; the Attorney General may permit the alien this Act. (2) apply the electronic signature of the to voluntarily depart the United States at issuing officer or agent; (b) MEMBERSHIP.—The ICE Advisory Coun- the alien’s own expense under this sub- cil shall be comprised of 7 members. (3) set the date the alien is required to ap- section after the initiation of removal pro- pear before an immigration judge, in the (c) APPOINTMENT.—Members shall to be ap- ceedings under section 240 and before the pointed in the following manner: case of Notices to Appear; conclusion of such proceedings before an im- (1) One member shall be appointed by the (4) print any documents the alien subject migration judge.’’; President; may be required to sign, along with addi- (E) in paragraph (3), as redesignated— (2) One member shall be appointed by the tional copies of documents to be served on (i) by amending subparagraph (A) to read Chairman of the Judiciary Committee of the the alien; and as follows: House of Representatives; (5) interface with the ENFORCE database ‘‘(A) INSTEAD OF REMOVAL.—Subject to sub- (3) One member shall be appointed by the so that all data is stored and retrievable. paragraph (C), permission to voluntarily de- (c) CONSTRUCTION.—The pilot program de- Chairman of the Judiciary Committee of the part under paragraph (1) shall not be valid scribed in subsection (a) shall be designed to Senate; for any period in excess of 120 days. The Sec- replace, to the extent possible, the current retary may require an alien permitted to (4) One member shall be appointed by the paperwork and data-entry process used for voluntarily depart under paragraph (1) to Local 511, the ICE prosecutor’s union; and issuing such charging documents and detain- (5) Three members shall be appointed by ers. post a voluntary departure bond, to be sur- the National Immigration and Customs En- (d) DEADLINE.—The Secretary shall initiate rendered upon proof that the alien has de- forcement Council. the pilot program described in subsection (a) parted the United States within the time (d) TERM.—Members shall serve renewable, within 6 months of the date of enactment of specified.’’; 2-year terms. this Act. (ii) by redesignating subparagraphs (B), (e) VOLUNTARY.—Membership shall be vol- (e) REPORT.—The Government Account- (C), and (D) as paragraphs (C), (D), and (E), untary and non-remunerated, except that ability Office shall report to the Judiciary respectively; members will receive reimbursement from Committee of the Senate and the House of (iii) by adding after subparagraph (A) the the Secretary for travel and other related ex- Representatives no later than 18 months following: penses. after the date of enactment of this Act on ‘‘(B) BEFORE THE CONCLUSION OF REMOVAL (f) RETALIATION PROTECTION.—Members the effectiveness of the pilot program and PROCEEDINGS.—Permission to voluntarily de- who are employed by the Secretary shall be provide recommendations for improving it. part under paragraph (2) shall not be valid

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4612 CONGRESSIONAL RECORD — SENATE June 18, 2013 for any period in excess of 60 days, and may sequences of such agreement, but precludes 242(a)(2)(D) of this Act, sections 1361, 1651, be granted only after a finding that the alien the alien from another grant of voluntary and 2241 of title 28, United States Code, any has the means to depart the United States departure while the alien remains in the other habeas corpus provision, and any other and intends to do so. An alien permitted to United States. provision of law (statutory or nonstatutory), voluntarily depart under paragraph (2) shall ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF- no court shall have jurisdiction to affect, re- post a voluntary departure bond, in an FECTED.—Except as expressly agreed to by instate, enjoin, delay, stay, or toll the period amount necessary to ensure that the alien the Secretary in writing in the exercise of allowed for voluntary departure under this will depart, to be surrendered upon proof the Secretary’s discretion before the expira- section.’’. that the alien has departed the United tion of the period allowed for voluntary de- (b) RULEMAKING.—The Secretary shall States within the time specified. An immi- parture, no motion, appeal, application, peti- within one year of the date of enactment of gration judge may waive the requirement to tion, or petition for review shall affect, rein- this Act promulgate regulations to provide post a voluntary departure bond in indi- state, enjoin, delay, stay, or toll the alien’s for the imposition and collection of penalties vidual cases upon a finding that the alien obligation to depart from the United States for failure to depart under section 240B(d) of has presented compelling evidence that the during the period agreed to by the alien and the Immigration and Nationality Act (8 posting of a bond will pose a serious finan- the Secretary.’’; U.S.C. 1229c(d)). cial hardship and the alien has presented (4) by amending subsection (d) to read as (c) EFFECTIVE DATES.— credible evidence that such a bond is unnec- follows: (1) IN GENERAL.—Except as provided in essary to guarantee timely departure.’’. ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— paragraph (2), the amendments made by this (iv) in subparagraph (C), as redesignated, If an alien is permitted to voluntarily depart section shall apply with respect to all orders by striking ‘‘subparagraphs (C) and(D)(ii)’’ under this section and fails to voluntarily granting voluntary departure under section and inserting ‘‘subparagraphs (D) and depart from the United States within the 240B of the Immigration and Nationality Act (E)(ii)’’; time period specified or otherwise violates (8 U.S.C. 1229c) made on or after the date (v) in subparagraph (D), as redesignated, by the terms of a voluntary departure agree- that is 180 days after the enactment of this striking ‘‘subparagraph (B)’’ each place that ment, the alien will be subject to the fol- Act. term appears and inserting ‘‘subparagraph lowing penalties: (2) EXCEPTION.—The amendment made by (C)’’; ‘‘(1) CIVIL PENALTY.—The alien shall be lia- subsection (a)(6) shall take effect on the date (vi) in subparagraph (E), as redesignated, ble for a civil penalty of $3,000. The order al- of the enactment of this Act and shall apply by striking ‘‘subparagraph (B)’’ each place lowing voluntary departure shall specify the with respect to any petition for review which that term appears and inserting ‘‘subpara- amount of the penalty, which shall be ac- is filed on or after such date. graph (C)’’; knowledged by the alien on the record. If the SEC. 3772. DETERRING ALIENS ORDERED RE- (F) in paragraph (4), by striking ‘‘para- Secretary thereafter establishes that the MOVED FROM REMAINING IN THE graph (1)’’ and inserting ‘‘paragraphs (1) and alien failed to depart voluntarily within the UNITED STATES UNLAWFULLY. (2)’’; time allowed, no further procedure will be (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) of the Immigration and Nation- (2) in subsection (b)(2), by striking ‘‘a pe- necessary to establish the amount of the ality Act (8 U.S.C. 1182(a)(9)(A)) is amended— riod exceeding 60 days’’ and inserting ‘‘any penalty, and the Secretary may collect the (1) in clause (i), by striking ‘‘seeks admis- period in excess of 45 days’’; civil penalty at any time thereafter and by sion within 5 years of the date of such re- (3) by amending subsection (c) to read as whatever means provided by law. An alien moval (or within 20 years’’ and inserting follows: will be ineligible for any benefits under this ‘‘(c) CONDITIONS ON VOLUNTARY DEPAR- chapter until this civil penalty is paid. ‘‘seeks admission not later than 5 years after TURE.— ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien the date of the alien’s removal (or not later ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— shall be ineligible during the time the alien than 20 years after the alien’s removal’’; and Voluntary departure may only be granted as remains in the United States and for a period (2) in clause (ii), by striking ‘‘seeks admis- part of an affirmative agreement by the of 10 years after the alien’s departure for any sion within 10 years of the date of such alien. A voluntary departure agreement further relief under this section and sections alien’s departure or removal (or within 20 under subsection (b) shall include a waiver of 240A, 245, 248, and 249. The order permitting years of’’ and inserting ‘‘seeks admission not the right to any further motion, appeal, ap- the alien to depart voluntarily shall inform later than 10 years after the date of the plication, petition, or petition for review re- the alien of the penalties under this sub- alien’s departure or removal (or not later lating to removal or relief or protection section. than 20 years after’’. (b) BAR ON DISCRETIONARY RELIEF.—Sec- from removal. ‘‘(3) REOPENING.—The alien shall be ineli- tion 274D of such Act (8 U.S.C. 324d) is ‘‘(2) CONCESSIONS BY THE SECRETARY.—In gible to reopen the final order of removal amended— connection with the alien’s agreement to de- that took effect upon the alien’s failure to (1) in subsection (a), by striking ‘‘Commis- part voluntarily under paragraph (1), the depart, or upon the alien’s other violations sioner’’ and inserting ‘‘Secretary of Home- Secretary of Homeland Security may agree of the conditions for voluntary departure, land Security’’; and to a reduction in the period of inadmis- during the period described in paragraph (2). (2) by adding at the end the following: sibility under subparagraph (A) or (B)(i) of This paragraph does not preclude a motion ‘‘(c) INELIGIBILITY FOR RELIEF.— section 212(a)(9). to reopen to seek withholding of removal ‘‘(1) IN GENERAL.—Unless a timely motion ‘‘(3) ADVISALS.—Agreements relating to under section 241(b)(3) or protection against to reopen is granted under section 240(c)(6), voluntary departure granted during removal torture, if the motion— an alien described in subsection (a) shall be proceedings under section 240, or at the con- ‘‘(A) presents material evidence of changed ineligible for any discretionary relief from clusion of such proceedings, shall be pre- country conditions arising after the date of removal (including cancellation of removal sented on the record before the immigration the order granting voluntary departure in and adjustment of status) during the time judge. The immigration judge shall advise the country to which the alien would be re- the alien remains in the United States and the alien of the consequences of a voluntary moved; and for a period of 10 years after the alien’s de- departure agreement before accepting such ‘‘(B) makes a sufficient showing to the sat- parture from the United States. agreement. isfaction of the Attorney General that the ‘‘(2) SAVINGS PROVISION.—Nothing in para- ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— alien is otherwise eligible for such protec- graph (1) shall preclude a motion to reopen ‘‘(A) IN GENERAL.—If an alien agrees to vol- tion.’’; and to seek withholding of removal under section untary departure under this section and fails (5) by amending subsection (e) to read as 241(b)(3) or protection against torture, if the to depart the United States within the time follows: motion— allowed for voluntary departure or fails to ‘‘(e) ELIGIBILITY.— ‘‘(A) presents material evidence of changed comply with any other terms of the agree- ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR- country conditions arising after the date of ment (including failure to timely post any TURE.—An alien shall not be permitted to the final order of removal in the country to required bond), the alien is— voluntarily depart under this section if the which the alien would be removed; and ‘‘(i) ineligible for the benefits of the agree- Secretary of Homeland Security or the At- ‘‘(B) makes a sufficient showing to the sat- ment; torney General previously permitted the isfaction of the Attorney General that the ‘‘(ii) subject to the penalties described in alien to depart voluntarily. alien is otherwise eligible for such protec- subsection (d); and ‘‘(2) RULEMAKING.—The Secretary may pro- tion.’’. ‘‘(iii) subject to an alternate order of re- mulgate regulations to limit eligibility or (c) EFFECTIVE DATES.—The amendments moval if voluntary departure was granted impose additional conditions for voluntary made by this section shall take effect on the under subsection (a)(2) or (b). departure under subsection (a)(1) for any date of the enactment of this Act with re- ‘‘(B) EFFECT OF FILING TIMELY APPEAL.—If, class of aliens. The Secretary or Attorney spect to aliens who are subject to a final after agreeing to voluntary departure, the General may by regulation limit eligibility order of removal entered before, on, or after alien files a timely appeal of the immigra- or impose additional conditions for vol- such date. tion judge’s decision granting voluntary de- untary departure under subsections (a)(2) or SEC. 3773. REINSTATEMENT OF REMOVAL OR- parture, the alien may pursue the appeal in- (b) of this section for any class or classes of DERS. stead of the voluntary departure agreement. aliens.’’. (a) IN GENERAL.—Section 241(a)(5) of the Such appeal operates to void the alien’s vol- (6) in subsection (f), by adding at the end Immigration and Nationality Act (8 U.S.C. untary departure agreement and the con- the following: ‘‘Notwithstanding section 1231(a)(5)) is amended to read as follows:

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‘‘(5) REINSTATEMENT OF REMOVAL ORDERS (3) Aliens who in the previous fiscal year nection with the granting and refusal of a AGAINST ALIENS ILLEGALLY REENTERING.—If were found by Department officials per- visa; and the Secretary of Homeland Security finds forming duties related to the adjudication of ‘‘(B) may refuse or revoke any visa to any that an alien has entered the United States applications for immigration benefits or the alien or class of aliens if the Secretary, or illegally after having been removed, de- enforcement of the immigration laws to be designee, determines that such refusal or ported, or excluded or having departed vol- inadmissible or deportable who were not revocation is necessary or advisable in the untarily, under an order of removal, deporta- issued notices to appear pursuant to section security interests of the United States. tion, or exclusion, regardless of the date of 239 of such Act (8 U.S.C. 1229) or placed into ‘‘(2) EFFECT OF REVOCATION.—The revoca- the original order or the date of the illegal removal proceedings pursuant to section 240 tion of any visa under paragraph (1)(B)— entry— (8 U.S.C. 1229a), unless the aliens were placed ‘‘(A) shall take effect immediately; and ‘‘(A) the order of removal, deportation, or into expedited removal proceedings pursuant ‘‘(B) shall automatically cancel any other exclusion is reinstated from its original date to section 235(b)(1)(A)(i) (8 U.S.C. valid visa that is in the alien’s possession. and is not subject to being reopened or re- 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), ‘‘(3) JUDICIAL REVIEW.—Notwithstanding viewed notwithstanding section 242(a)(2)(D); were granted voluntary departure pursuant any other provision of law, including section ‘‘(B) the alien is not eligible and may not to section 240B, were granted relief from re- 2241 of title 28, United States Code, or any apply for any relief under this Act, regard- moval pursuant to statute, were granted other habeas corpus provision, and sections less of the date that an application or re- legal nonimmigrant or immigrant status 1361 and 1651 of such title, no court shall quest for such relief may have been filed or pursuant to statute, or were determined not have jurisdiction to review a decision by the made; and to be inadmissible or deportable. Secretary of Homeland Security to refuse or ‘‘(C) the alien shall be removed under the (4) Aliens issued notices to appear that revoke a visa, and no court shall have juris- order of removal, deportation, or exclusion were cancelled in the previous fiscal year de- diction to hear any claim arising from, or at any time after the illegal entry. spite the Department’s findings that the any challenge to, such a refusal or revoca- Reinstatement under this paragraph shall aliens were inadmissible or deportable, un- tion. not require proceedings under section 240 or less the aliens were granted relief from re- ‘‘(c) AUTHORITY OF THE SECRETARY OF other proceedings before an immigration moval pursuant to statute, were granted vol- STATE.— judge’’. untary departure pursuant to section 240B of ‘‘(1) IN GENERAL.—The Secretary of State (b) JUDICIAL REVIEW.—Section 242 of the such Act (8 U.S.C. 1229c), or were granted may direct a consular officer to refuse a visa Immigration and Nationality Act (8 U.S.C. legal nonimmigrant or immigrant status requested by an alien if the Secretary of 1252) is amended by adding at the end the fol- pursuant to statute. State determines such refusal to be nec- lowing: (5) Aliens who were placed into removal essary or advisable in the interests of the ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT proceedings, whose removal proceedings United States. UNDER SECTION 241(A)(5).— were terminated in the previous fiscal year ‘‘(2) LIMITATION.—No decision by the Sec- ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial prior to their conclusion, unless the aliens retary of State to approve a visa may over- review of determinations under section were granted relief from removal pursuant to ride a decision by the Secretary of Homeland 241(a)(5) is available in an action under sub- statute, were granted voluntary departure Security under subsection (b).’’. section (a). pursuant to section 240B, were granted legal (2) CONFORMING AMENDMENT.—Section ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not- nonimmigrant or immigrant status pursuant 237(a)(1)(B) of the Immigration and Nation- withstanding any other provision of law to statute, or were determined not to be in- ality Act (8 U.S.C. 1227(a)(1)(B)) is amended (statutory or nonstatutory), including sec- admissible or deportable. by striking ‘‘under section 221(i)’’. tion 2241 of title 28, United States Code, any (6) Aliens granted parole pursuant to sec- (3) EFFECTIVE DATE.—The amendment other habeas corpus provision, or sections tion 212(d)(5)(A) of such Act (8 U.S.C. made by paragraph (1) shall take effect on 1361 and 1651 of such title, no court shall 1182(d)(5)(A)). the date of the enactment of this Act and have jurisdiction to review any cause or (7) Aliens granted deferred action, ex- shall apply to visa refusals and revocations claim, arising from, or relating to, any chal- tended voluntary departure or any other occurring before, on, or after such date. lenge to the original order.’’. type of relief from removal not specified in (c) TECHNICAL CORRECTIONS TO THE HOME- (c) EFFECTIVE DATE.—The amendments the Immigration and Nationality Act or LAND SECURITY ACT.—Section 428(a) of the made by subsections (a) and (b) shall take ef- where determined not to be inadmissible or Homeland Security Act of 2002 (6 U.S.C. 236) fect as if enacted on April 1, 1997, and shall deportable. is amended by— apply to all orders reinstated or after that (b) CONTENTS OF REPORT.—The report shall (1) striking ‘‘subsection’’ and inserting date by the Secretary (or by the Attorney include a listing of each alien described in ‘‘section’’; and General prior to March 1, 2003), regardless of each paragraph of subsection (a), including (2) striking ‘‘consular office’’ and inserting the date of the original order. when in the possession of the Department ‘‘consular officer’’. SEC. 3774. CLARIFICATION WITH RESPECT TO their names, fingerprint identification num- At the end of subtitle D of title IV, add the DEFINITION OF ADMISSION. bers, alien registration numbers, and reason following: Section 101(a)(13)(A) of the Immigration why each was granted the type of prosecu- and Nationality Act (8 U.S.C. 1101(a)(13)(A)) SEC. 4416. CANCELLATION OF ADDITIONAL VISAS. torial discretion received. The report shall (a) IN GENERAL.—Section 222(g) of the Im- is amended by adding at the end the fol- also include current criminal histories on lowing: ‘‘An alien’s adjustment of status to migration and Nationality Act (8 U.S.C. each alien from the Federal Bureau of Inves- 1202(g)) is amended— that of lawful permanent resident status tigation. under any provision of this Act, or under any (1) in paragraph (1)— other provision of law, shall be considered an On page 1748, strike lines 5 and 21. (A) by striking ‘‘Attorney General’’ and in- ‘admission’ for any purpose under this Act, At the end of section 4412, insert the fol- serting ‘‘Secretary’’; and even if the adjustment of status occurred lowing: (B) by inserting ‘‘and any other non- while the alien was present in the United (b) AUTHORITY OF THE SECRETARY OF HOME- immigrant visa issued by the United States States.’’. LAND SECURITY AND THE SECRETARY OF that is in the possession of the alien’’ after SEC. 3775. REPORTS TO CONGRESS ON THE EXER- STATE.— ‘‘such visa’’; and CISE AND ABUSE OF PROSECU- (1) IN GENERAL.—Section 428 of the Home- (2) in paragraph (2)(A), by striking ‘‘(other TORIAL DISCRETION. land Security Act of 2002 (6 U.S.C. 236) is than the visa described in paragraph (1)) (a) IN GENERAL.—Not later than 180 days amended by striking subsections (b) and (c) issued in a consular office located in the after the end of each fiscal year, the Sec- and inserting the following: country of the alien’s nationality’’ and in- retary and the Attorney General shall each ‘‘(b) AUTHORITY OF THE SECRETARY OF serting ‘‘(other than a visa described in para- provide to the Committees on the Judiciary HOMELAND SECURITY.— graph (1)) issued in a consular office located of the House of Representatives and of the ‘‘(1) IN GENERAL.—Notwithstanding section in the country of the alien’s nationality or Senate a report on the following: 104(a) of the Immigration and Nationality foreign residence’’. (1) Aliens apprehended or arrested by State Act (8 U.S.C. 1104(a)) or any other provision (b) EFFECTIVE DATE.—The amendment or local law enforcement agencies who were of law, and except as provided in subsection made by subsection (a) shall take effect on identified by the Department in the previous (c) and except for the authority of the Sec- the date of the enactment of this Act and fiscal year and for whom the Department did retary of State under subparagraphs (A) and shall apply to a visa issued before, on, or not issue detainers and did not take into cus- (G) of section 101(a)(15) of the Immigration after such date. tody despite the Department’s findings that and Nationality Act (8 U.S.C. 1101(a)(15)), the SEC. 4417. VISA INFORMATION SHARING. the aliens were inadmissible or deportable. Secretary— (a) IN GENERAL.—Section 222(f) of the Im- (2) Aliens who were applicants for admis- ‘‘(A) shall have exclusive authority to migration and Nationality Act (8 U.S.C. sion in the previous fiscal year but not clear- issue regulations, establish policy, and ad- 1202(f)(2)) is amended— ly and beyond a doubt entitled to be admit- minister and enforce the provisions of the (1) by striking ‘‘issuance or refusal’’ and ted by an immigration officer and who were Immigration and Nationality Act (8 U.S.C. inserting ‘‘issuance, refusal, or revocation’’; not detained as required pursuant to section 1101 et seq.) and all other immigration or na- (2) in paragraph (2), by striking ‘‘and on 235(b)(2)(A) of the Immigration and Nation- tionality laws relating to the functions of the basis of reciprocity’’; ality Act (8 U.S.C. 1225(b)(2)(A)). consular officers of the United States in con- (3) in paragraph (2)(A)—

VerDate Mar 15 2010 03:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.047 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4614 CONGRESSIONAL RECORD — SENATE June 18, 2013 (A) by inserting ‘‘ (i)’’ after ‘‘for the pur- SEC. 4420. EXPEDITIOUS EXPANSION OF VISA SE- the institution’s certification under the Stu- pose of’’; and CURITY PROGRAM TO HIGH-RISK dent and Exchange Visitor Program.’’. (B) by striking ‘‘illicit weapons; or’’ and POSTS. (b) EFFECT OF CONVICTION FOR VISA inserting ‘‘illicit weapons, or (ii) deter- (a) IN GENERAL.—Section 428(i) of the FRAUD.—Such section 641(d), as amended by mining a person’s deportability or eligibility Homeland Security Act of 2002 (6 U.S.C. subsection (a)(2), is further amended by add- for a visa, admission, or other immigration 236(i)) is amended to read as follows: ing at the end the following: benefit;’’; ‘‘(i) VISA ISSUANCE AT DESIGNATED HIGH- ‘‘(4) PERMANENT DISQUALIFICATION FOR (4) in paragraph (2)(B)— RISK POSTS.—Notwithstanding any other pro- FRAUD.—A designated school official at, or (A) by striking ‘‘for the purposes’’ and in- vision of law, the Secretary of Homeland Se- an owner of, an approved institution of high- serting ‘‘for one of the purposes’’; and curity shall conduct an on-site review of all er education, an other approved educational (B) by striking ‘‘or to deny visas to persons visa applications and supporting documenta- institution, or a designated exchange visitor who would be inadmissible to the United tion before adjudication at the top 30 visa- program who is convicted for fraud relating States’’ and inserting ‘‘; or’’; and issuing posts designated jointly by the Sec- to any aspect of the Student and Exchange (5) by adding before the period at the end retaries of State and Homeland Security as Visitor Program shall be permanently dis- the following: high-risk posts.’’. qualified from filing future petitions and (b) ASSIGNMENT OF PERSONNEL.—Not later ‘‘(C) with regard to any or all aliens in the from having an ownership interest or a man- than one year after the date of enactment of database specified data elements from each agement role, including serving as a prin- this section, the Secretary of Homeland Se- record, if the Secretary of State determines cipal, owner, officer, board member, general curity shall assign personnel to the visa- that it is in the national interest to provide partner, designated school official, or any issuing posts referenced in section 428(i) of such information to a foreign government.’’. other position of substantive authority for the Homeland Security Act of 2002 (6 U.S.C. (b) EFFECTIVE DATE.—The amendments the operations or management of the institu- made by subsection (a) shall take effect 60 236(i)), as amended by this section, and com- tion, in any United States educational insti- days after the date of the enactment of the municate such assignments to the Secretary tution that enrolls nonimmigrant alien stu- Act. of State. dents described in subparagraph (F) or (M) of (c) APPROPRIATIONS.—There is authorized SEC. 4418. AUTHORIZING THE DEPARTMENT OF section 101(a)(15) the Immigration and Na- to be appropriated $60,000,000 for each of the STATE TO NOT INTERVIEW CERTAIN tionality Act (8 U.S.C. 1101(a)(15)).’’. INELIGIBLE VISA APPLICANTS. fiscal years 2014 and 2015, which shall be used SEC. 4424. BACKGROUND CHECKS. (a) IN GENERAL.—Section 222(h)(1) of the to expedite the implementation of section (a) IN GENERAL.—Section 641(d) of the Ille- Immigration and Nationality Act (8 U.S.C. 428(i) of the Homeland Security Act, as gal Immigration Reform and Immigrant Re- 1202(h)(1)) is amended by inserting ‘‘ the amended by this section. sponsibility Act of 1996 (8 U.S.C. 1372(d)), as alien is determined by the Secretary of State SEC. 4421. EXPEDITED CLEARANCE AND PLACE- amended by section 411(b) of this Act, is fur- to be ineligible for a visa based upon review MENT OF DEPARTMENT OF HOME- ther amended by adding at the end the fol- of the application or’’ after ‘‘unless’’. LAND SECURITY PERSONNEL AT (b) GUIDANCE.—Not later than 90 days after OVERSEAS EMBASSIES AND CON- lowing: the date of the enactment of this Act, the SULAR POSTS. ‘‘(5) BACKGROUND CHECK REQUIREMENT.— Secretary of State shall issue guidance to Section 428 of the Homeland Security Act ‘‘(A) IN GENERAL.—An individual may not consular officers on the standards and proc- of 2002 (6 U.S.C. 236) is amended by adding at serve as a designated school official or be esses for implementing the authority to deny the end the following: granted access to SEVIS unless the indi- ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT visa applications without interview in cases vidual is a national of the United States or OF DEPARTMENT OF HOMELAND SECURITY PER- where the alien is determined by the Sec- an alien lawfully admitted for permanent SONNEL AT OVERSEAS EMBASSIES AND CON- retary of State to be ineligible for a visa residence and during the most recent 3-year SULAR POSTS.—Notwithstanding any other based upon review of the application. period— (c) REPORTS.—Not less frequently than provision of law, and the processes set forth ‘‘(i) the Secretary of Homeland Security once each quarter, the Secretary of State in National Security Defense Directive 38 has— shall submit to the Congress a report on the (dated June 2, 1982) or any successor Direc- ‘‘(I) conducted a thorough background denial of visa applications without inter- tive, the Chief of Mission of a post to which check on the individual, including a review view, including— the Secretary of Homeland Security has as- of the individual’s criminal and sex offender (1) the number of such denials; and signed personnel under subsection (e) or (i) history and the verification of the individ- (2) a post-by-post breakdown of such deni- shall ensure, not later than one year after ual’s immigration status; and als. the date on which the Secretary of Homeland ‘‘(II) determined that the individual has Security communicates such assignment to SEC. 4419. FUNDING FOR THE VISA SECURITY not been convicted of any violation of United PROGRAM. the Secretary of State, that such personnel States immigration law and is not a risk to (a) IN GENERAL.—The Department of State have been stationed and accommodated at national security of the United States; and and Related Agency Appropriations Act, 2005 post and are able to carry out their duties.’’. ‘‘(ii) the individual has successfully com- (title IV of division B of Public Law 108-447) SEC. 4422. INCREASED CRIMINAL PENALTIES FOR pleted an on-line training course on SEVP is amended, in the fourth paragraph under STUDENT VISA INTEGRITY. and SEVIS, which has been developed by the the heading ‘‘Diplomatic and Consular Pro- Section 1546 of title 18, United States Code, Secretary. grams’’, by striking ‘‘Beginning’’ through is amended by striking ‘‘10 years’’ and in- ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI- the period at the end and inserting the fol- serting ‘‘15 years (if the offense was com- CIAL.— lowing: ‘‘Beginning in fiscal year 2005 and mitted by an owner, official, or employee of ‘‘(i) IN GENERAL.—An individual may serve thereafter, the Secretary of State is author- an educational institution with respect to as an interim designated school official dur- ized to charge surcharges related to consular such institution’s participation in the Stu- ing the period that the Secretary is con- services in support of enhanced border secu- dent and exchange Visitor Program), 10 ducting the background check required by rity that are in addition to the immigrant years’’. subparagraph (A)(i)(I). visa fees in effect on January 1, 2004: Pro- SEC. 4423. VISA FRAUD. ‘‘(ii) REVIEWS BY THE SECRETARY.—If an in- vided, That funds collected pursuant to this (a) TEMPORARY SUSPENSION OF SEVIS AC- dividual serving as an interim designated authority shall be credited to the appropria- CESS.—Section 641(d) of the Illegal Immigra- school official under clause (i) does not suc- tion for U.S. Immigration and Customs En- tion Reform and Immigrant Responsibility cessfully complete the background check re- forcement for the fiscal year in which the Act of 1996 (8 U.S.C. 1372(d)) is amended— quired by subparagraph (A)(i)(I), the Sec- fees were collected, and shall be available (1) in paragraph (1)(A), by striking ‘‘insti- retary shall review each Form I–20 issued by until expended for the funding of the Visa tution,,’’ and inserting ‘‘institution,’’; and such interim designated school official. Security Program established by the Sec- (2) by adding at the end the following: ‘‘(6) FEE.—The Secretary is authorized to retary of Homeland Security under section ‘‘(3) EFFECT OF REASONABLE SUSPICION OF collect a fee from an approved school for 428(e) of the Homeland Security Act of 2002 FRAUD.—If the Secretary of Homeland Secu- each background check conducted under (Public Law 107–296): Provided further, That rity has reasonable suspicion that an owner paragraph (6)(A)(i). The amount of such fee such surcharges shall be 10 percent of the fee of, or a designated school official at, an ap- shall be equal to the average amount ex- assessed on immigrant visa applications.’’. proved institution of higher education, an pended by the Secretary to conducted such (b) REPAYMENT OF APPROPRIATED FUNDS.— other approved educational institution, or a background checks.’’. Twenty percent of the funds collected each designated exchange visitor program has (b) EFFECTIVE DATE.—The amendment fiscal year under the heading ‘‘Diplomatic committed fraud or attempted to commit made by subsection (a) shall take effect on and Consular Programs’’ in the Department fraud relating to any aspect of the Student the date that is 1 year after the date of the of State and Related Agency Appropriations and Exchange Visitor Program, the Sec- enactment of this Act. Act, 2005 (title IV of division B of Public Law retary may immediately suspend, without SEC. 4425. FLIGHT SCHOOLS NOT CERTIFIED BY 108-447), as amended by subsection (a), shall notice, such official’s or such school’s access FAA. be deposited into the general fund of the to the Student and Exchange Visitor Infor- (a) IN GENERAL.—Except as provided in Treasury as repayment of funds appropriated mation System (SEVIS), including the abil- subsection (b), the Secretary of Homeland pursuant to section 407(c) of this Act until ity to issue Form I–20s, pending a final deter- Security shall prohibit any flight school in the entire appropriated sum has been repaid. mination by the Secretary with respect to the United States from accessing SEVIS or

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issuing a Form I–20 to an alien seeking a stu- (8) the established criteria for referring (2) TEMPORARY EXCEPTION.—During the 3- dent visa pursuant to subparagraph (F)(i) or cases of a potentially criminal nature from year period beginning on the effective date (M)(i) of section 101(a)(15) of the Immigration SEVP to the counterterrorism and intel- described in paragraph (1)(A), an institution and Nationality Act (8 U.S.C. 1101(a)(15)) if ligence community. that is newly required to be accredited under the flight school has not been certified to the SEC. 4429. IMPLEMENTATION OF SEVIS II. this section may continue to participate in satisfaction of the Secretary and by the Fed- Not later than 2 years after the date of the the Student and Exchange Visitor Program eral Aviation Administration pursuant to enactment of this Act, the Secretary of notwithstanding the institution’s lack of ac- part 141 or part 142 of title 14, Code of Fed- Homeland Security shall complete the de- creditation if the institution— eral Regulations (or similar successor regu- ployment of both phases of the 2nd genera- (A) was certified under the Student and lations). tion Student and Exchange Visitor Informa- Exchange Visitor Program on such date; (b) TEMPORARY EXCEPTION.—During the 5- tion System (commonly known as ‘‘SEVIS (B) submitted an application for accredita- year period beginning on the date of the en- II’’). tion to an accrediting agency recognized by actment of this Act, the Secretary may SEC. 4430. DEFINITIONS. the Secretary of Education during the 6- waive the requirement under subsection (a) (a) DEFINITIONS.—For purposes of this sub- month period ending on such date; and that a flight school be certified by the Fed- title: (C) continues to progress toward accredita- eral Aviation Administration if such flight (1) SEVIS.—The term ‘‘SEVIS’’ means the tion by such accrediting agency. school— Student and Exchange Visitor Information Strike section 4907 and insert the fol- (1) was certified under the Student and Ex- System of the Department. lowing: (2) SEVP.—The term ‘‘SEVP’’ means the change Visitor Program on the date of the SEC. 4907. VISA FRAUD. enactment of this Act; Student and Exchange Visitor Program of (a) TEMPORARY SUSPENSION OF SEVIS AC- (2) submitted an application for certifi- the Department. CESS.—Section 641(d) of the Illegal Immigra- cation with the Federal Aviation Adminis- Strike section 4904 and insert the fol- tion Reform and Immigrant Responsibility tration during the 1-year period beginning on lowing: Act of 1996 (8 U.S.C. 1372(d)) is amended— such date; and SEC. 4904. ACCREDITATION REQUIREMENTS. (1) in paragraph (1)(A), by striking ‘‘insti- (3) continues to progress toward certifi- (a) COLLEGES, UNIVERSITIES, AND LANGUAGE tution,,’’ and inserting ‘‘institution,’’; and cation by the Federal Aviation Administra- TRAINING PROGRAMS.—Section 101(a) of the (2) by adding at the end the following: tion. Immigration and Nationality Act (8 U.S.C. ‘‘(3) EFFECT OF REASONABLE SUSPICION OF 1101(a)) is amended— SEC. 4426. REVOCATION OF ACCREDITATION. FRAUD.—If the Secretary of Homeland Secu- At the time an accrediting agency or asso- (1) in paragraph (15)(F)(i)— rity has reasonable suspicion that an owner ciation is required to notify the Secretary of (A) by striking ‘‘section 214(1) at an estab- of, or a designated school official at, an ap- Education and the appropriate State licens- lished college, university, seminary, conserv- proved institution of higher education, an atory or in an accredited language training ing or authorizing agency of the final denial, other approved educational institution, or a program in the United States’’ and inserting withdrawal, suspension, or termination of designated exchange visitor program has ‘‘section 214(m) at an accredited college, uni- accreditation of an institution pursuant to committed fraud or attempted to commit versity, or language training program, or at section 496 of the Higher Education Act of fraud relating to any aspect of the Student an established seminary, conservatory, aca- 1965 (20 U.S.C. 1099b), such accrediting agen- and Exchange Visitor Program, the Sec- demic high school, elementary school, or cy or association shall notify the Secretary retary may immediately suspend, without other academic institution in the United of Homeland Security of such determination notice, such official’s or such school’s access States’’; and and the Secretary of Homeland Security to the Student and Exchange Visitor Infor- shall immediately withdraw the school from (B) by striking ‘‘Attorney General’’ each place such term appears and inserting ‘‘Sec- mation System (SEVIS), including the abil- the SEVP and prohibit the school from ac- ity to issue Form I–20s, pending a final deter- cessing SEVIS. retary of Homeland Security’’; and (C) by amending paragraph (52) to read as mination by the Secretary with respect to SEC. 4427. REPORT ON RISK ASSESSMENT. follows: the institution’s certification under the Stu- Not later than 180 days after the date of ‘‘(52) Except as provided in section dent and Exchange Visitor Program.’’. the enactment of this Act, the Secretary FFECT OF CONVICTION FOR VISA 214(m)(4), the term ‘accredited college, uni- (b) E shall submit to the Committee on the Judici- versity, or language training program’ FRAUD.—Such section 641(d), as amended by ary of the Senate and the Committee on the means a college, university, or language subsection (a)(2), is further amended by add- Judiciary of the House of Representatives a training program that is accredited by an ac- ing at the end the following: report that contains the risk assessment crediting agency recognized by the Secretary ‘‘(4) PERMANENT DISQUALIFICATION FOR strategy that will be employed by the Sec- of Education.’’. FRAUD.—A designated school official at, or retary to identify, investigate, and take ap- (b) OTHER ACADEMIC INSTITUTIONS.—Sec- an owner of, an approved institution of high- propriate action against schools and school tion 214(m) of the Immigration and Nation- er education, an other approved educational officials that are facilitating the issuance of ality Act (8 U.S.C. 1184(m)) is amended by institution, or a designated exchange visitor Form I–20 and the maintenance of student adding at the end the following: program who is convicted for fraud relating visa status in violation of the immigration ‘‘(3) The Secretary of Homeland Security to any aspect of the Student and Exchange laws of the United States. shall require accreditation of an academic Visitor Program shall be permanently dis- SEC. 4428. IMPLEMENTATION OF GAO REC- institution (except for seminaries or other qualified from filing future petitions and OMMENDATIONS. religious institutions) for purposes of section from having an ownership interest or a man- Not later than 180 days after the date of 101(a)(15)(F) if— agement role, including serving as a prin- the enactment of this act, the Secretary of ‘‘(A) that institution is not already re- cipal, owner, officer, board member, general Homeland Security shall submit to the Com- quired to be accredited under section partner, designated school official, or any mittee on the Judiciary of the Senate and 101(a)(15)(F)(i); and other position of substantive authority for the Committee on the Judiciary of the House ‘‘(B) an appropriate accrediting agency the operations or management of the institu- of Representatives a report that describes— recognized by the Secretary of Education is tion, in any United States educational insti- (1) the process in place to identify and as- able to provide such accreditation. tution that enrolls nonimmigrant alien stu- sess risks in the SEVP; ‘‘(4) The Secretary of Homeland Security, dents described in subparagraph (F) or (M) of (2) a risk assessment process to allocate in the Secretary’s discretion, may waive the section 101(a)(15) the Immigration and Na- SEVP’s resources based on risk; accreditation requirement in paragraph (3) tionality Act (8 U.S.C. 1101(a)(15)).’’. (3) the procedures in place for consistently or section 101(a)(15)(F)(i) with respect to an ensuring a school’s eligibility, including con- institution if such institution— SA 1335. Mr. HARKIN (for himself sistently verifying in lieu of letters; ‘‘(A) is otherwise in compliance with the and Ms. MIKULSKI) submitted an (4) how SEVP identified and addressed requirements of section 101(a)(15)(F)(i); and amendment intended to be proposed by missing school case files; ‘‘(B) has been a candidate for accreditation him to the bill S. 744, to provide for (5) a plan to develop and implement a proc- for at least 1 year and continues to progress comprehensive immigration reform ess to monitor state licensing and accredita- toward accreditation by an accrediting agen- and for other purposes; which was or- tion status of all SEVP-certified schools; cy recognized by the Secretary of Edu- (6) whether all flight schools that have not cation.’’. dered to lie on the table; as follows: been certified to the satisfaction of the Sec- (c) EFFECTIVE DATE.— On page 1788, between lines 19 and 20, insert retary and by the Federal Aviation Adminis- (1) IN GENERAL.—Except as provided in the following: tration have been removed from the program paragraph (2), the amendments made by this SEC. 4602A. CLARIFICATION OF AUTHORITY. and have been restricted from accessing section shall— (a) AMENDMENTS.— SEVIS; (A) take effect on the date that is 180 days (1) CONSULTATION AUTHORITY.—Section (7) the standard operating procedures that after the date of enactment of this Act; and 214(c)(1) (8 U.S.C. 1184(c)(1)), as amended by govern coordination among SEVP, Counter- (B) apply with respect to applications for sections 2233(b)(3)(A) and 4102, is further terrorism and Criminal Exploitation Unit, nonimmigrant visas that are filed on or after amended by adding at the end the following: and U.S. Immigration and Customs Enforce- the effective date described in subparagraph ‘‘For purposes of this subsection with respect ment field offices; and (A). to nonimmigrants described in section

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101(a)(15)(H)(ii)(b) of this Act, the term ‘con- On page 1200, strike lines 1 through 4, and ‘‘(1) EMPLOYMENT AUTHORIZATION.—The sultation’ includes the authority of the Sec- insert the following: Secretary shall— retary of Labor to issue labor market deter- (3) PREFERENCE ALLOCATION OF FAMILY- ‘‘(A) authorize a nonimmigrant admitted minations, including temporary labor cer- SPONSORED IMMIGRANT VISAS.—Section 203(a) pursuant to section 101(a)(15)(V) to engage in tifications, and establish regulations and (8 U.S.C. 1153(a)), as amended by section employment in the United States during the policies for such issuance, including deter- 2305(b) and paragraphs (1) and (2), is further period of such nonimmigrant’s authorized mining the appropriate prevailing wage rates amended to read as follows: admission; and for occupations covered by section ‘‘(a) PREFERENCE ALLOCATION FOR FAMILY- ‘‘(B) provide such a nonimmigrant with an 101(a)(15)(H)(ii)(b)’’. SPONSORED IMMIGRANTS.—Aliens subject to ‘employment authorized’ endorsement or (2) DELEGATION.—Section 214(c)(14)(B) (8 the worldwide level specified in section 201(c) other appropriate document signifying au- U.S.C. 1184(c)(14)(B)) is amended by striking for family-sponsored immigrants shall be al- thorization of employment. ‘‘subparagraph (A)(i)’’ and inserting ‘‘sub- lotted visas as follows: ‘‘(2) TERMINATION OF ADMISSION.—The pe- paragraph (A)’’. ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF riod of authorized admission for such a non- (b) EFFECTIVE DATE.—The amendment CITIZENS.—Qualified immigrants who are the immigrant shall terminate 30 days after the made by subsection (a)(1) shall apply to the unmarried sons or daughters of citizens of date on which— promulgation of regulations, issuance of the United States shall be allocated visas in ‘‘(A) such nonimmigrant’s application for labor market determinations, and other ac- a number not to exceed 20 percent of the an immigrant visa pursuant to the approval tions of the Secretary of Labor and the Sec- worldwide level of family-sponsored immi- of a petition under subsection (a) or (c) of retary of Homeland Security before, on, or grants under section 201(c), plus any visas section 203 is denied; or after the date of enactment of this Act. not required for the class specified in para- ‘‘(B) such nonimmigrant’s application for (c) RULE OF CONSTRUCTION.—Nothing in the graph (4). adjustment of status under section 245 pursu- amendments made by this section shall be ‘‘(2) UNMARRIED SONS AND DAUGHTERS OF ant to the approval of such a petition is de- construed to limit or modify any other au- PERMANENT RESIDENTS.—Qualified immi- nied.’’. thority provided or exercised under section grants who are the unmarried sons or daugh- (e) EFFECTIVE DATES.— 214(c)(1) of the Immigration and Nationality ters, but not a child (as defined in section (1) IN GENERAL.—The amendments made by Act (8 U.S.C. 1184(c)(1)) or any other law gov- 101(b)(1)), of an alien lawfully admitted for subsections (a), (b), and (c) shall take effect erning the authority of the Secretary of permanent residence shall be allocated visas on the first day of the first fiscal year begin- Homeland Security, the Secretary of Labor, in a number not to exceed the sum of— ning after the date of the enactment of this or any other officer or employee of the Fed- ‘‘(A) 20 percent of the worldwide level of Act. eral Government. family-sponsored immigrants under section (2) RESTORATION OF FAMILY-SPONSORED IM- 201(c); and MIGRANT CATEGORIES.—The amendments SA 1336. Mr. GRASSLEY submitted ‘‘(B) any visas not required for the class made by subsection (d) shall take effect on an amendment intended to be proposed specified in paragraph (1). the date that is 10 years after the date of the by him to the bill S. 744, to provide for ‘‘(3) MARRIED SONS AND MARRIED DAUGHTERS enactment of this Act. comprehensive immigration reform OF CITIZENS.—Qualified immigrants who are the married sons or married daughters of SA 1338. Ms. LANDRIEU (for herself, and for other purposes; which was or- citizens of the United States shall be allo- dered to lie on the table; as follows: Mrs. SHAHEEN, and Mr. FRANKEN) sub- cated visas in a number not to exceed 20 per- mitted an amendment intended to be On page 857, line 19, strike the period and cent of the worldwide level of family-spon- insert the following: ‘‘; and sored immigrants under section 201(c), plus proposed by her to the bill S. 744, to (v) the Secretary of the Treasury certifies any visas not required for the classes speci- provide for comprehensive immigration that the Secretary has collected and depos- fied in paragraphs (1) and (2). reform and for other purposes; which ited into the Treasury pursuant to section ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— was ordered to lie on the table; as fol- 6(b)(3)(B) of this Act an amount equal to the Qualified immigrants who are the brothers lows: amount transferred from the general fund of or sisters of citizens of the United States, if On page 1409, line 1, insert ‘‘, in consulta- the Treasury to the Comprehensive Immigra- such citizens are at least 21 years of age, tion with the Chief Counsel of the Office of tion Reform Trust Fund pursuant to section shall be allocated visas in a number not to Advocacy of the Small Business Administra- 6(a)(2)(A) of this Act. exceed 40 percent of the worldwide level of tion,’’ after ‘‘Secretary’’. family-sponsored immigrants under section On page 1410, line 23, insert ‘‘, conducted in SA 1337. Mr. SCHATZ (for himself, 201(c), plus any visas not required for the consultation with the Chief Counsel of the Ms. HIRONO, Mrs. BOXER, and Mr. classes specified in paragraphs (1) through Office of Advocacy of the Small Business Ad- FRANKEN) submitted an amendment in- (3).’’. ministration,’’ after ‘‘assessment’’. tended to be proposed by him to the (4) EFFECTIVE DATE.— On page 1411, between lines 12 and 13, insert bill S. 744, to provide for comprehen- (A) PARAGRAPHS (1) AND (2).—The amend- the following: sive immigration reform and for other ments made by paragraphs (1) and (2) shall (e) EARLY ADOPTION FOR SMALL EMPLOY- purposes; which was ordered to lie on take effect on the first day of the first fiscal ERS.— year that begins at least 18 months after the (1) IN GENERAL.—Not later than 1 year after the table; as follows: date of the enactment of this Act. the date of enactment of this Act, the Sec- On page 1160, strike lines 6 through 13, and (B) PARAGRAPH (3).—The amendment made retary shall create a mobile application and insert the following: by paragraph (3) shall take effect on the date utilize other available smart-phone tech- (b) MODIFICATION OF POINTS.— that is 10 years after the date of the enact- nology for employers utilizing the System, (1) PROPOSAL.—The Secretary may submit ment of this Act. to encourage small employers to utilize the to Congress a proposal to modify the number On page 1221, strike lines 6 through 8, and System prior to the time at which utiliza- of points allocated under of section 203(c) of insert the following: tion becomes mandatory for all employers. the Immigration and Nationality Act (8 (d) RESTORATION OF CERTAIN FAMILY-SPON- (2) MARKETING.—Not later than 1 year after U.S.C. 1153(c)), as amended by subsection (a). SORED IMMIGRANT CATEGORIES.— the date of enactment of this Act, the Sec- (2) ELIMINATION OF FAMILY-BASED POINTS.— (1) NONIMMIGRANT ELIGIBILITY.—Section retary shall, in consultation with the Ad- Section 203(c) (8 U.S.C. 1153(c)), as amended 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is ministrator of the Small Business Adminis- by subsection (a), is further amended— amended to read as follows: tration, make available marketing and other (A) in paragraph (4)— ‘‘(V) subject to section 214(q) and section incentives to small business concerns to en- (i) by striking subparagraph (H); and 212(a)(4), an alien who is the beneficiary of courage small employers to utilize the Sys- (ii) by redesignating subparagraphs (I) and an approved petition under section 203(a) tem prior to the time at which utilization of (J) as subparagraph (H) and (I), respectively; as— the System becomes mandatory for all em- and ‘‘(i) the unmarried son or unmarried ployers. (B) in paragraph (5)— daughter of a citizen of the United States; On page 1411, line 13, strike ‘‘(e)’’ and in- (i) by striking subparagraph (G); and ‘‘(ii) the unmarried son or unmarried sert ‘‘(f)’’. (ii) by redesignating subparagraphs (H) and daughter of an alien lawfully admitted for On page 1413, line 3, strike ‘‘(f)’’ and insert (I) as subparagraphs (G) and (H), respec- permanent residence; ‘‘(g)’’. tively. ‘‘(iii) the married son or married daughter (c) EFFECTIVE DATE.— of a citizen of the United States; or SA 1339. Mr. WHITEHOUSE (for him- (1) IN GENERAL.—The amendments made by ‘‘(iv) the sibling of a citizen of the United self, Mr. REED, Mrs. GILLIBRAND, and subsection (a) shall take effect on the first States.’’. Mrs. FEINSTEIN) submitted an amend- day of the first fiscal year beginning after (2) EMPLOYMENT AND PERIOD OF ADMISSION ment intended to be proposed by him the date of the enactment of this Act. OF NONIMMIGRANTS DESCRIBED IN SECTION to the bill S. 744, to provide for com- (2) ELIMINATION OF FAMILY-BASED POINTS.— 101(A)(15)(V).—Section 214(q) (8 U.S.C. 1184(q)) The amendments made by subsection (b)(2) is amended to read as follows: prehensive immigration reform and for shall take effect on the date that is 10 years ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION other purposes; which was ordered to after the date of the enactment of this Act. 101(A)(15)(V).— lie on the table; as follows:

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.039 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4617 At the appropriate place, insert the fol- (A) in subparagraph (A)— pected) to be or have been engaged in con- lowing: (i) in clause (i)— duct constituting, in preparation for, in aid SEC. lll. GRANTING THE ATTORNEY GENERAL (I) in subclause (I), by striking ‘‘and’’ at of, or related to terrorism or providing mate- THE AUTHORITY TO DENY THE SALE, the end; and rial support or resources for terrorism, and DELIVERY, OR TRANSFER OF A FIRE- (II) by adding at the end the following: the Attorney General has a reasonable belief ARM OR THE ISSUANCE OF A FIRE- ‘‘(III) was issued after a check of the sys- that the applicant may use a firearm in con- ARMS OR EXPLOSIVES LICENSE OR tem established pursuant to paragraph (1);’’; nection with terrorism. PERMIT TO DANGEROUS TERROR- ‘‘(2) The Attorney General’s action’’. ISTS. (ii) in clause (ii), by inserting ‘‘and’’ after the semicolon; and (g) ATTORNEY GENERAL’S ABILITY TO WITH- (a) STANDARD FOR EXERCISING ATTORNEY (iii) by adding at the end the following: HOLD INFORMATION IN FIREARMS LICENSE DE- GENERAL DISCRETION REGARDING TRANSFER- ‘‘(iii) the State issuing the permit agrees NIAL AND REVOCATION SUIT.— RING FIREARMS OR ISSUING FIREARMS PER- to deny the permit application if such other (1) IN GENERAL.—Section 923(f)(1) of title 18, MITS TO DANGEROUS TERRORISTS.—Chapter 44 United States Code, is amended by inserting of title 18, United States Code, is amended— person is the subject of a determination by the Attorney General pursuant to section after the first sentence the following: ‘‘How- (1) by inserting after section 922 the fol- ever, if the denial or revocation is pursuant lowing: 922B of this title;’’; (4) in paragraph (4), by inserting ‘‘, or if to subsection (d)(3) or (e)(1)(C), any informa- ‘‘§ 922A. Attorney General’s discretion to deny the Attorney General has not determined to tion upon which the Attorney General relied transfer of a firearm. deny the transfer of a firearm pursuant to for this determination may be withheld from ‘‘The Attorney General may deny the section 922A of this title’’ after ‘‘or State the petitioner, if the Attorney General deter- transfer of a firearm under section law’’; and mines that disclosure of the information 922(t)(1)(B)(ii) of this title if the Attorney (5) in paragraph (5), by inserting ‘‘, or if would likely compromise national secu- General— the Attorney General has determined to rity.’’. ‘‘(1) determines that the transferee is deny the transfer of a firearm pursuant to (2) SUMMARIES.—Section 923(f)(3) of title 18, known (or appropriately suspected) to be or section 922A of this title’’ after ‘‘or State United States Code, is amended by inserting have been engaged in conduct constituting, law’’. after the third sentence the following: ‘‘With in preparation for, in aid of, or related to (c) UNLAWFUL SALE OR DISPOSITION OF respect to any information withheld from terrorism, or providing material support or FIREARM BASED UPON ATTORNEY GENERAL the aggrieved party under paragraph (1), the resources for terrorism; and DISCRETIONARY DENIAL.—Section 922(d) of United States may submit, and the court ‘‘(2) has a reasonable belief that the pro- title 18, United States Code, is amended— may rely upon, summaries or redacted spective transferee may use a firearm in con- (1) in paragraph (8), by striking ‘‘or’’ at the versions of documents containing informa- nection with terrorism. end; tion the disclosure of which the Attorney ‘‘§ 922B. Attorney General’s discretion regard- (2) in paragraph (9), by striking the period General has determined would likely com- ing applicants for firearm permits which at the end and inserting ‘‘; or’’; and promise national security.’’. would qualify for the exemption provided (3) by adding at the end the following: (h) ATTORNEY GENERAL’S ABILITY TO WITH- under section 922(t)(3). ‘‘(10) has been the subject of a determina- HOLD INFORMATION IN RELIEF FROM DISABIL- ITIES LAWSUITS.—Section 925(c) of title 18, ‘‘The Attorney General may determine tion by the Attorney General under section United States Code, is amended by inserting that— 922A, 922B, 923(d)(3), or 923(e) of this title.’’. after the third sentence the following: ‘‘If ‘‘(1) an applicant for a firearm permit (d) ATTORNEY GENERAL DISCRETIONARY DE- the person is subject to a disability under which would qualify for an exemption under NIAL AS PROHIBITOR.—Section 922(g) of title section 922(g)(10) of this title, any informa- section 922(t) is known (or appropriately sus- 18, United States Code, is amended— tion which the Attorney General relied on pected) to be or have been engaged in con- (1) in paragraph (8), by striking ‘‘or’’ at the for this determination may be withheld from duct constituting, in preparation for, in aid end; the applicant if the Attorney General deter- of, or related to terrorism, or providing ma- (2) in paragraph (9), by striking the comma mines that disclosure of the information terial support or resources for terrorism; and at the end and inserting ‘‘; or’’; and would likely compromise national security. ‘‘(2) the Attorney General has a reasonable (3) by inserting after paragraph (9) the fol- In responding to the petition, the United belief that the applicant may use a firearm lowing: States may submit, and the court may rely in connection with terrorism.’’; ‘‘(10) who has received actual notice of the upon, summaries or redacted versions of doc- (2) in section 921(a), by adding at the end Attorney General’s determination made uments containing information the disclo- the following: under section 922A, 922B, 923(d)(3) or 923(e) of sure of which the Attorney General has de- ‘‘(36) The term ‘terrorism’ includes inter- this title,’’. (e) ATTORNEY GENERAL DISCRETIONARY DE- termined would likely compromise national national terrorism and domestic terrorism, NIAL OF FEDERAL FIREARMS LICENSES.—Sec- security.’’. as defined in section 2331 of this title. tion 923(d) of title 18, United States Code, is (i) PENALTIES.—Section 924(k) of title 18, ‘‘(37) The term ‘material support or re- amended— United States Code, is amended— sources’ has the meaning given the term in (1) in paragraph (1), in the matter pre- (1) in paragraph (2), by striking ‘‘or’’ at the section 2339A of this title. ceding subparagraph (A), by striking ‘‘Any’’ end; ‘‘(38) The term ‘responsible person’ means and inserting ‘‘Except as provided in para- (2) in paragraph (3), by striking the comma an individual who has the power, directly or graph (3), any’’; and at the end and inserting ‘‘; or’’; and indirectly, to direct or cause the direction of (2) by adding at the end the following: (3) by inserting after paragraph (3) the fol- the management and policies of the appli- ‘‘(3) The Attorney General may deny a li- lowing: cant or licensee pertaining to firearms.’’; and cense application if the Attorney General de- ‘‘(4) constitutes an act of terrorism, or pro- (3) in the table of sections, by inserting termines that the applicant (including any viding material support or resources for ter- after the item relating to section 922 the fol- responsible person) is known (or appro- rorism,’’. lowing: priately suspected) to be or have been en- (j) REMEDY FOR ERRONEOUS DENIAL OF ‘‘922A. Attorney General’s discretion to deny gaged in conduct constituting, in prepara- FIREARM OR FIREARM PERMIT EXEMPTION.— transfer of a firearm. tion for, in aid of, or related to terrorism, or (1) IN GENERAL.—Section 925A of title 18, ‘‘922B. Attorney General’s discretion regard- providing material support or resources for United States Code, is amended— ing applicants for firearm per- terrorism, and the Attorney General has a (A) in the section heading, by striking mits which would qualify for reasonable belief that the applicant may use ‘‘Remedy for erroneous denial of firearm’’ the exemption provided under a firearm in connection with terrorism.’’. and inserting ‘‘Remedies’’; section 922(t)(3).’’. (f) DISCRETIONARY REVOCATION OF FEDERAL (B) by striking ‘‘Any person denied a fire- (b) EFFECT OF ATTORNEY GENERAL DISCRE- FIREARMS LICENSES.—Section 923(e) of title arm pursuant to subsection (s) or (t) of sec- TIONARY DENIAL THROUGH THE NATIONAL IN- 18, United States Code, is amended— tion 922’’ and inserting the following: STANT CRIMINAL BACKGROUND CHECK SYSTEM (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; ‘‘(a) Except as provided in subsection (b), (NICS) ON FIREARMS PERMITS.—Section 922(t) (2) by striking ‘‘revoke any license’’ and any person denied a firearm pursuant to sub- of title 18, United States Code, is amended— inserting the following: ‘‘revoke— section (t) of section 922 or a firearm permit (1) in paragraph (1)(B)(ii), by inserting ‘‘or ‘‘(A) any license’’; pursuant to a determination made under sec- State law, or that the Attorney General has (3) by striking ‘‘. The Attorney General tion 922B’’; and determined to deny the transfer of a firearm may, after notice and opportunity for hear- (C) by adding at the end the following: pursuant to section 922A of this title’’ before ing, revoke the license’’ and inserting the ‘‘(b) In any case in which the Attorney the semicolon; following: ‘‘; General has denied the transfer of a firearm (2) in paragraph (2), in the matter pre- ‘‘(B) the license’’; and to a prospective transferee pursuant to sec- ceding subparagraph (A), by inserting ‘‘, or if (4) by striking ‘‘. The Secretary’s action’’ tion 922A of this title or has made a deter- the Attorney General has not determined to and inserting the following: ‘‘; or mination regarding a firearm permit appli- deny the transfer of a firearm pursuant to ‘‘(C) any license issued under this section if cant pursuant to section 922B of this title, an section 922A of this title’’ after ‘‘or State the Attorney General determines that the action challenging the determination may be law’’; holder of such license (including any respon- brought against the United States. The peti- (3) in paragraph (3)— sible person) is known (or appropriately sus- tion shall be filed not later than 60 days

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after the petitioner has received actual no- (n) ATTORNEY GENERAL DISCRETIONARY DE- 101(a)(43)(E)(ii) of the Immigration and Na- tice of the Attorney General’s determination NIAL OF FEDERAL EXPLOSIVES LICENSES AND tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is under section 922A or 922B of this title. The PERMITS.—Section 843 of title 18, United amended by striking ‘‘or (5)’’ and inserting court shall sustain the Attorney General’s States Code, is amended— ‘‘(5), or (10)’’. determination upon a showing by the United (1) in subsection (b), by striking ‘‘Upon’’ (s) GUIDELINES.— States by a preponderance of evidence that and inserting ‘‘Except as provided in sub- (1) IN GENERAL.—The Attorney General the Attorney General’s determination satis- section (j), upon’’; and shall issue guidelines describing the cir- fied the requirements of section 922A or 922B, (2) by adding at the end the following: cumstances under which the Attorney Gen- as the case may be. To make this showing, ‘‘(j) The Attorney General may deny the eral will exercise the authority and make de- the United States may submit, and the court issuance of a permit or license to an appli- terminations under subsections (d)(1)(B) and may rely upon, summaries or redacted cant if the Attorney General determines that (j) of section 843 and sections 922A and 922B versions of documents containing informa- the applicant or a responsible person or em- of title 18, United States Code, as amended tion the disclosure of which the Attorney ployee possessor thereof is known (or appro- by this Act. General has determined would likely com- priately suspected) to be or have been en- (2) CONTENTS.—The guidelines issued under promise national security. Upon request of gaged in conduct constituting, in prepara- paragraph (1) shall— the petitioner or the court’s own motion, the tion of, in aid of, or related to terrorism, or (A) provide accountability and a basis for court may review the full, undisclosed docu- providing material support or resources for monitoring to ensure that the intended goals ments ex parte and in camera. The court terrorism, and the Attorney General has a for, and expected results of, the grant of au- shall determine whether the summaries or reasonable belief that the person may use ex- thority under subsections (d)(1)(B) and (j) of redacted versions, as the case may be, are plosives in connection with terrorism.’’. section 843 and sections 922A and 922B of title fair and accurate representations of the un- (o) ATTORNEY GENERAL DISCRETIONARY 18, United States Code, as amended by this derlying documents. The court shall not con- REVOCATION OF FEDERAL EXPLOSIVES LI- Act, are being achieved; and sider the full, undisclosed documents in de- CENSES AND PERMITS.—Section 843(d) of title (B) ensure that terrorist watch list records ciding whether the Attorney General’s deter- 18, United States Code, is amended— are used in a manner that safeguards privacy mination satisfies the requirements of sec- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and civil liberties protections, in accordance tion 922A or 922B.’’. (2) by striking ‘‘if in the opinion’’ and in- with requirements outlines in Homeland Se- (2) TECHNICAL AND CONFORMING AMEND- serting the following: ‘‘if— curity Presidential Directive 11 (dated Au- MENT.—The table of sections for chapter 44 of ‘‘(A) in the opinion’’; and gust 27, 2004). title 18, United States Code, is amended by (3) by striking ‘‘. The Secretary’s action’’ striking the item relating to section 925A and inserting the following: ‘‘; or SA 1340. Ms. LANDRIEU (for herself, and inserting the following: ‘‘(B) the Attorney General determines that Ms. HIRONO, and Mr. FRANKEN) sub- the licensee or holder (or any responsible ‘‘925A. Remedies.’’. mitted an amendment intended to be person or employee possessor thereof) is proposed by her to the bill S. 744, to (k) PROVISION OF GROUNDS UNDERLYING IN- known (or appropriately suspected) to be or ELIGIBILITY DETERMINATION BY THE NATIONAL have been engaged in conduct constituting, provide for comprehensive immigration INSTANT CRIMINAL BACKGROUND CHECK SYS- in preparation for, in aid of, or related to reform and for other purposes; which TEM.—Section 103 of the Brady Handgun Vio- terrorism, or providing material support or was ordered to lie on the table; as fol- lence Prevention Act (18 U.S.C. 922 note) is resources for terrorism, and that the Attor- lows: amended— ney General has a reasonable belief that the (1) in subsection (f)— At the appropriate place, insert the fol- person may use explosives in connection lowing: (A) by inserting ‘‘or the Attorney General with terrorism. has made a determination regarding an ap- SEC. lll. BEST INTEREST OF THE CHILD. ‘‘(2) The Attorney General’s action’’. (a) IN GENERAL.—In all procedures and de- plicant for a firearm permit pursuant to sec- (p) ATTORNEY GENERAL’S ABILITY TO WITH- cisions concerning unaccompanied alien chil- tion 922B of title 18, United States Code,’’ HOLD INFORMATION IN EXPLOSIVES LICENSE dren that are made by a Federal agency or a after ‘‘is ineligible to receive a firearm’’; and AND PERMIT DENIAL AND REVOCATION SUITS.— Federal court pursuant to the Immigration (B) by inserting ‘‘except any information Section 843(e) of title 18, United States Code, and Nationality Act (8 U.S.C. 1101 et seq.) or for which the Attorney General has deter- is amended— regulations implementing the Act, the best mined that disclosure would likely com- (1) in paragraph (1), by inserting after the interests of the child shall be a primary con- promise national security,’’ after ‘‘reasons to first sentence the following: ‘‘However, if the the individual,’’; and sideration. denial or revocation is based upon an Attor- (b) DETERMINATIONS RELATED TO SECTION (2) in subsection (g)— ney General determination under subsection 101(A)(27)(J) OF THE IMMIGRATION AND NATION- (A) the first sentence— (j) or (d)(1)(B), any information which the ALITY ACT.—Best interests determinations (i) by inserting ‘‘or if the Attorney General Attorney General relied on for this deter- made in administrative or judicial pro- has made a determination pursuant to sec- mination may be withheld from the peti- ceedings described in section 101(a)(27)(J) of tion 922A or 922B of title 18, United States tioner if the Attorney General determines the Immigration and Nationality Act (8 Code,’’ after ‘‘or State law,’’; and that disclosure of the information would U.S.C. 1101(a)(27)(J)) shall be conclusive in (ii) by inserting ‘‘, except any information likely compromise national security.’’; and assessing the best interests of the child for which the Attorney General has deter- (2) in paragraph (2), by adding at the end under this section. mined that disclosure would likely com- the following: ‘‘In responding to any petition (c) FACTORS.—In assessing the best inter- promise national security’’ before the period for review of a denial or revocation based ests of the child, the entities referred to in at the end; and upon an Attorney General determination subsection (a) shall consider, in the context (B) by adding at the end the following: under subsection (j) or (d)(1)(B), the United of the child’s age and maturity, the fol- ‘‘Any petition for review of information States may submit, and the court may rely lowing factors: withheld by the Attorney General under this upon, summaries or redacted versions of doc- (1) The views of the child. subsection shall be made in accordance with uments containing information the disclo- (2) The safety and security considerations section 925A of title 18, United States Code.’’. sure of which the Attorney General has de- of the child. (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES termined would likely compromise national (3) The mental and physical health of the BASED UPON ATTORNEY GENERAL DISCRE- security.’’. child. TIONARY DENIAL.—Section 842(d) of title 18, (q) ABILITY TO WITHHOLD INFORMATION IN (4) The parent-child relationship and fam- United States Code, is amended— COMMUNICATIONS TO EMPLOYERS.—Section ily unity, and the potential effect of sepa- (1) in paragraph (9), by striking the period 843(h)(2) of title 18, United States Code, is rating the child from the child’s parent or and inserting ‘‘; or’’; and amended— legal guardian, siblings, and other members (2) by adding at the end the following: (1) in subparagraph (A), by inserting ‘‘or in of the child’s extended biological family. ‘‘(10) has received actual notice of the At- subsection (j) of this section (on grounds of (5) The child’s sense of security, famili- torney General’s determination made pursu- terrorism)’’ after ‘‘section 842(i)’’; and arity, and attachments. ant to subsection (j) or (d)(1)(B) of section 843 (2) in subparagraph (B)— (6) The child’s well-being, including the of this title.’’. (A) in the matter preceding clause (i), by need of the child for education and support (m) ATTORNEY GENERAL DISCRETIONARY DE- inserting ‘‘or in subsection (j) of this sec- related to child development. NIAL AS PROHIBITOR.—Section 842(i) of title tion,’’ after ‘‘section 842(i),’’; and (7) The child’s ethnic, religious, and cul- 18, United States Code, is amended— (B) in clause (ii), by inserting ‘‘, except tural and linguistic background. (1) in paragraph (7), by inserting ‘‘; or’’ at that any information that the Attorney Gen- the end; and eral relied on for a determination pursuant SA 1341. Ms. LANDRIEU submitted (2) by inserting after paragraph (7) the fol- to subsection (j) may be withheld if the At- an amendment intended to be proposed lowing: torney General concludes that disclosure of by her to the bill S. 744, to provide for ‘‘(8) who has received actual notice of the the information would likely compromise Attorney General’s determination made pur- national security’’ after ‘‘determination’’. comprehensive immigration reform suant to subsection (j) or (d)(1)(B) of section (r) CONFORMING AMENDMENT TO IMMIGRA- and for other purposes; which was or- 843 of this title,’’. TION AND NATIONALITY ACT.—Section dered to lie on the table; as follows:

VerDate Mar 15 2010 02:50 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.040 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE June 18, 2013 CONGRESSIONAL RECORD — SENATE S4619 After section 3716, insert the following: The purpose of this oversight hearing SELECT COMMITTEE ON INTELLIGENCE SEC. 3717. COST EFFECTIVENESS IN DETENTION is to receive testimony on S. 1084, S. Mr. DURBIN. Mr. President, I ask FACILITY CONTRACTING. 717 and other pending energy efficiency unanimous consent that the Select The Director of U.S. Immigration and Cus- legislation. Committee on Intelligence be author- toms Enforcement shall take appropriate Because of the limited time available ized to meet during the session of the measures to minimize, and if possible reduce, the daily bed rate charged to the Federal for the hearing, witnesses may testify Senate on June 18, 2013, at 2:30 p.m. Government through a competitive process by invitation only. However, those The PRESIDING OFFICER. Without in contracting for or otherwise obtaining de- wishing to submit written testimony objection, it is so ordered. tention beds while ensuring that the most for the hearing record may do so by SUBCOMMITTEE ON HOUSING, TRANSPORTATION, recent detention standards, including health sending it to the Committee on Energy AND COMMUNITY DEVELOPMENT standards, and management practices em- and Natural Resources, United States Mr. DURBIN. Mr. President, I ask ployed by the agency are met. Senate, Washington, DC 20510–6150, or unanimous consent that the Com- by e-mail to Danielle_Deraneyenergy SA 1342. Mr. HEINRICH (for himself mittee on Banking, Housing, and .senate.gov. and Mr. UDALL of New Mexico) sub- Urban Affairs Subcommittee on Hous- For further information, please con- mitted an amendment intended to be ing, Transportation, and Community tact Lara Pierpoint at (202) 224–6689 or proposed by him to the bill S. 744, to Development be authorized to meet Danielle Deraney at (202) 224–1219. provide for comprehensive immigration during the session of the Senate on reform and for other purposes; which f June 18, 2013, at 10 a.m., to conduct a hearing entitled ‘‘Long Term Sustain- was ordered to lie on the table; as fol- AUTHORITY FOR COMMITTEES TO ability for Reverse Mortgages: HECM’s lows: MEET Impact on the Mutual Mortgage Insur- At the end of title I, add the following: AFRICAN AFFAIRS SUBCOMMITTEE ance Fund.’’ SEC. 1122. TRADE FACILITATION AND SECURITY Mr. DURBIN. Mr. President, I ask ENHANCEMENT. The PRESIDING OFFICER. Without The Secretary shall extend the hours of op- unanimous consent that the Com- objection, it is so ordered. eration at the port of entry in Santa Teresa, mittee on Foreign Relations be author- WESTERN HEMISPHERE AND GLOBAL NARCOTICS New Mexico, to 24 hours a day— ized to meet during the session of the AFFAIRS SUBCOMMITTEE (1) for private vehicles, not later than 180 Senate on June 18, 2013, at 10 a.m., to Mr. DURBIN. Mr. President, I ask days after the date of the enactment of this hold an African Affairs subcommittee unanimous consent that the Com- Act; and hearing entitled, ‘‘Examining Pros- mittee on Foreign Relations be author- (2) for commercial vehicles, not later than pects for Democratic Reform and Eco- ized to meet during the session of the 1 year after the date of the enactment of this nomic Recovery in Zimbabwe.’’ Act. Senate on June 18, 2013, at 2:30 p.m., to The PRESIDING OFFICER. Without hold a Western Hemisphere and Global f objection, it is so ordered. Narcotics Affairs subcommittee hear- NOTICES OF HEARINGS COMMITTEE ON COMMERCE, SCIENCE, AND ing entitled, ‘‘Security Cooperation in TRANSPORTATION COMMITTEE ON HEALTH, EDUCATION, LABOR, Mexico: Examining the Next Steps in AND PENSIONS Mr. DURBIN. Mr. President, I ask the U.S.-Mexico Security Relation- Mr. HARKIN. Mr. President, I wish to unanimous consent that the Com- ship.’’ announce that the Committee on mittee on Commerce, Science, and The PRESIDING OFFICER. Without Health, Education, Labor, and Pen- Transportation be authorized to meet objection, it is so ordered. sions will meet in open session on during the session of the Senate on Wednesday, June 19, 2013, at 10 a.m. in June 18, 2013, at 2:30 p.m., in room 253 f of the Russell Senate Office Building. room 430 of the Dirksen Senate Office REAFFIRMING FREEDOM OF THE The PRESIDING OFFICER. Without Building to conduct a hearing entitled PRESS ‘‘Reducing Senior Poverty and Hunger: objection, it is so ordered. The Role of the Older Americans Act.’’ COMMITTEE ON ENERGY AND NATURAL Mr. KAINE. Madam President, I ask For further information regarding RESOURCES unanimous consent that the Senate this meeting, please contact Sophie Mr. DURBIN. Mr. President, I ask proceed to the immediate consider- Kasimow of the committee staff on unanimous consent that the Com- ation of Calendar No. 79, S. Res. 143. (202) 224–2831. mittee on Energy and Natural Re- The PRESIDING OFFICER. The clerk will report the resolution by COMMITTEE ON HEALTH, EDUCATION, LABOR, sources be authorized to meet during AND PENSIONS the session of the Senate on June 18, title. Mr. HARKIN. Mr. President, I wish to 2013, at 10 a.m., in room 366 of the Dirk- The assistant legislative clerk read announce that the Committee on sen Senate Office Building. as follows: Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without A resolution (S. Res. 143) recognizing the sions will meet in open session on objection, it is so ordered. threats to freedom of the press and expres- sion around the world and reaffirming free- COMMITTEE ON FINANCE Thursday, June 20, 2013, at 2:30 p.m. in dom of the press as a priority in the efforts room 430 of the Dirksen Senate Office Mr. DURBIN. Mr. President, I ask of the United States Government to promote Building to conduct a hearing entitled unanimous consent that the Com- democracy and good governance on the occa- ‘‘Developing a Skilled Workforce for a mittee on Finance be authorized to sion of World Press Freedom Day on May 3, Competitive Economy: Reauthorizing meet during the session of the Senate 2013. the Workforce Investment Act.’’ on June 18, 2013, at 10 a.m., in room 215 There being no objection, the Senate For further information regarding of the Dirksen Senate Office Building, proceeded to consider the resolution. this meeting, please contact Leanne to conduct a hearing entitled ‘‘High Mr. KAINE. I further ask unanimous Hotek of the committee staff on (202) Prices, Low Transparency: The Bitter consent the resolution be agreed to, 224–5501. Pill of Health Care Costs.’’ the preamble be agreed to, and the mo- COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without tions to reconsider be considered made RESOURCES objection, it is so ordered. and laid upon the table, with no inter- Mr. WYDEN. Mr. President, I would COMMITTEE ON HOMELAND SECURITY AND vening action or debate. like to announce for the information of GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without the Senate and the public that a hear- Mr. DURBIN. Mr. President, I ask objection, it is so ordered. ing has been scheduled before the Sub- unanimous consent that the Com- The resolution (S. Res. 143) was committee on Energy of the Senate mittee on Homeland Security and Gov- agreed to. Committee on Energy and Natural Re- ernmental Affairs be authorized to The preamble was agreed to. sources. The hearing will be held on meet during the session of the Senate (The resolution, with its preamble, is Tuesday, June 25, 2013, at 2:30 p.m., in on June 18, 2013, at 10:30 a.m. printed in the RECORD of Thursday, room 366 of the Dirksen Senate Office The PRESIDING OFFICER. Without May 16, 2013, under ‘‘Submitted Resolu- Building. objection, it is so ordered. tions.’’)

VerDate Mar 15 2010 03:57 Jun 19, 2013 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A18JN6.040 S18JNPT1 pwalker on DSK7TPTVN1PROD with SENATE S4620 CONGRESSIONAL RECORD — SENATE June 18, 2013 NATIONAL CHILD AWARENESS and pledge, the morning hour be lion. This would also lead to a substan- MONTH deemed expired, the Journal of pro- tial decrease in the illegal population Mr. KAINE. Madam President, I ask ceedings be approved to date, and the obviously coming across. So we are unanimous consent that the Senate time for the two leaders be reserved for looking at an increased population of proceed to consideration of S. Res. 173, their use later in the day; that fol- about 10.4 million over 10 years, decid- which was submitted earlier today. lowing any leader remarks, the Senate edly lower than some of the estimates The PRESIDING OFFICER. The be in a period of morning business for that are being thrown around. clerk will report the resolution by 1 hour with Senators permitted to Let’s talk about a few of the fiscal title. speak therein for up to 10 minutes numbers. We are told it would be ex- The assistant legislative clerk read each, with the time equally divided and tremely costly to enact this legisla- as follows: controlled between the two leaders or tion. CBO says the following: This will their designees with the Republicans lead to an increase in Federal direct A resolution (S. Res. 173) designating Sep- spending of $262 billion over the 2014– tember 2013 as ‘‘National Child Awareness controlling the first half and the ma- Month’’ to promote awareness of charities jority controlling the final half; that 2033 period. Most of these outlays will benefiting children and youth-serving orga- following morning business, the Senate be for increases in refundable tax cred- nizations throughout the United States and resume consideration of S. 744, the its, and on and on. So $262 billion in in- recognizing efforts made by those charities comprehensive immigration reform creased spending sounds significant, and organizations on behalf of children and bill. until you consider that this legislation youth as critical contributions to the future The PRESIDING OFFICER. Without will increase Federal revenues by $459 of the United States. objection, it is so ordered. billion over the 2014–2033 period. So $459 There being no objection, the Senate billion in increased revenue compared f proceeded to consider the resolution. against $262 billion in increased spend- Mr. KAINE. Madam President, I ask PROGRAM ing. That is a $197 billion surplus—or unanimous consent that the resolution Mr. KAINE. We will continue to work decrease in the deficit—over the 10- be agreed to, the preamble be agreed through the amendments to the immi- year budget window. to, and the motions to reconsider be gration bill tomorrow. Senators will be We often hear: That is OK for the laid upon the table, with no inter- notified when votes are scheduled. first 10 years, but what happens after vening action or debate. that? CBO looked at that as well, and The PRESIDING OFFICER. Without f they said this: On balance, CBO and objection, it is so ordered. ORDER FOR ADJOURNMENT JCT—Joint Committee on Taxation— The resolution (S. Res. 173) was estimate that the changes in direct Mr. KAINE. Madam President, if agreed to. spending in revenue would decrease there is no further business to come be- The preamble was agreed to. Federal budget deficits by about $700 fore the Senate, I ask unanimous con- (The resolution, with its preamble, is billion, or 0.02 percent, of the gross do- sent that it adjourn under the previous printed in today’s RECORD under ‘‘Sub- mestic product, over the period 2024 to order following the remarks of the Sen- mitted Resolutions.’’) 2033. Again, CBO and JCT estimate the ator from Arizona. changes in direct spending revenue will f The PRESIDING OFFICER. Without decrease Federal spending deficits by objection, it is so ordered. AMERICAN EAGLE DAY about $700 billion over the second 10- The PRESIDING OFFICER. The Sen- Mr. KAINE. Madam President, I ask year budget window. unanimous consent that the Senate ator from Arizona. I know we often point out on this now proceed to the consideration of S. f side of the aisle and the other side of Res. 174, submitted earlier today. the aisle as well these reports are only IMMIGRATION REFORM The PRESIDING OFFICER. The as good as the assumptions you make clerk will report the resolution by Mr. FLAKE. Madam President, there when you do these reports. Duly noted. title. are many reasons given to enact immi- But I think it is still instructive to The assistant legislative clerk read gration reform. Being from Arizona, we look at this and dispel some of the wild as follows: bear a disproportionate burden in the rumors that are out there about the A resolution (S. Res. 174) designating June State from the Federal Government’s cost of this legislation, when CBO actu- 20, 2013, as ‘‘American Eagle Day,’’ and cele- failure to have a secure border and to ally comes forward and says over a 20- brating the recovery and restoration of the have a rational immigration system. year budget window, there will be a bald eagle, the national symbol of the United There are many reasons, but the fis- $700 billion decrease in Federal deficits. States. cal reason isn’t often brought up. We That is significant. There being no objection, the Senate were just given good fiscal reason Let me also say CBO looked at how proceeded to consider the resolution. today by the Congressional Budget Of- this legislation would affect the econ- Mr. KAINE. Madam President, I ask fice that came forward with their esti- omy going forward. They looked at a unanimous consent that the resolution mate for the cost of the legislation. further budget window. They say S. 744 be agreed to, the preamble be agreed Just a few minutes ago we heard the would boost economic output, taking to, and the motions to reconsider be ‘‘glass half empty’’ speech, and I want into account all economic effects in- laid upon the table, with no inter- to give the ‘‘glass half full’’—or actu- cluding those reflected in the cost esti- vening action or debate. ally, decidedly more than that. Let me mates. Again, they are talking about The PRESIDING OFFICER. Without take a few of the top-line numbers. the direct spending that would increase objection, it is so ordered. First, we are often told that if we through parts of this legislation as The resolution (S. Res. 174) was enact this legislation, the increase in well. If you take that into account, agreed to. population of those who come across— still this bill would increase real infla- The preamble was agreed to. illegally or legally—in the next 10 tion-adjusted GDP relative to the (The resolution, with its preamble, is years will be some 30 million people. amount CBO projects under current printed in today’s RECORD under ‘‘Sub- That is disputed by the facts on the law by 3.3 percent in 2023 and 5.4 per- mitted Resolutions.’’) ground. But also CBO points out in cent in 2033—again, increasing eco- f their estimate that by 2023, enacting S. nomic activity by 3.3 percent in 2023 744 would lead to a net increase of 10.4 and by 5.4 percent in 2033. That is sub- ORDERS FOR WEDNESDAY, JUNE million in the number of people resid- stantial. 19, 2013 ing in the United States compared to When you look at the legislation and Mr. KAINE. Madam President, I ask the number of people projected under you look at what will happen when we unanimous consent that when the Sen- current law. So it is significantly increase legal immigration in ways ate completes its business today, it ad- lower. that help the economy, particularly on journ until 9:30 a.m. on Wednesday, The best estimate we have of the ille- the H–1B side—high-tech STEM visas— June 19, 2013; that following the prayer gal population here is around 11 mil- we all know intuitively that will help

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