Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

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

Vol. 152 WASHINGTON, THURSDAY, MARCH 30, 2006 No. 38 House of Representatives The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER YUCCA MOUNTAIN AND NUCLEAR The Chaplain, the Reverend Daniel P. The SPEAKER. The Chair will enter- WASTE Coughlin, offered the following prayer: tain 10 one-minutes on each side. (Ms. BERKLEY asked and was given Eternal Beauty and Everlasting Lord permission to address the House for 1 of all, cherry blossoms in Washington f minute and to revise and extend her re- are a true sign of the new life of spring. marks.) They bring tourists from across the LONE STAR VOICE: GARY Ms. BERKLEY. Mr. Speaker, just Nation and from around the world to SPURGER when I think the Department of En- marvel at fragile beauty and seek last- ergy couldn’t become more incoming promise here in the Nation’s cap- (Mr. POE asked and was given per- petent or dangerous, they do some- ital of these United States. mission to address the House for 1 thing that proves me wrong. Lord, bless the work of Congress dur- minute.) You will find this cartoon character ing these days of grace. May the Mr. POE. Mr. Speaker, Gary Spurger on a taxpayer-funded Web site run by freshness of new ideas and bold under- of Humble, Texas has written me about the Department of Energy. His job, takings bolster the vigor of the Nation unlawful entry into the United States. Yucca Mountain Johnny, is to convince while the hard work of all Americans, He says: kids in Nevada that nuclear waste is the steadfast perseverance of military ‘‘I am writing you as I sit here and okay and that the State of Nevada is a forces and the stability of family life listen to the news and watch on TV the safe place to store nuclear waste. sustain a climate of creativity and protests against immigration policy re- What really bothers me is the mes- prosperity for all Your people. form. I am tired of seeing those pro- sage that Yucca Mountain Johnny is While the hidden roots of faith pene- testers walking the streets that we giving to our school children. This is trate the landscape upon which we taxpayers pay for, using our school akin to Joe Camel telling our school walk and the far reaching branches of buses and resources and then waving kids that smoking is healthy. charity draw strength from the sky Mexican flags and chanting ‘Mexico, The Department of Energy ought to above, it is You who produce blossoms Mexico.’ dump Yucca Johnny and his slanted, of hope in human hearts, living in an ‘‘Please do not be blinded by the pro- one-sided view of how our Nation anxious yet cold world, and you do this tests supporting illegal immigrants. If should address the issue of nuclear here, now, and forever. we don’t take care of us then we will waste disposal. We should stop using Amen. not have the ability to help others less taxpayers’ money to spread this mes- fortunate. Allowing illegal immigrants f sage. It is despicable. to siphon off resources that they pro- The Las Vegas Sun wrote in an edi- THE JOURNAL vide no compensation to will in the end torial on March 25, ‘‘Children don’t The SPEAKER. The Chair has exam- be the fall of our society. need a cartoon character to tell them ined the Journal of the last day’s pro- ‘‘We need to take heed of the lessons what is easily understood by most peo- ceedings and announces to the House of history such as Rome. It fell from ple: nuclear waste is dangerous. Don’t his approval thereof. the inside by allowing fractured and let anyone bury it in your backyard.’’ Pursuant to clause 1, rule I, the Jour- discordant groups to maintain their Save the people of the State of Ne- nal stands approved. own unique identity to the extent that vada, the school children, and get rid of it caused Rome to no longer be Rome f Yucca Mountain Johnny. It is dis- but nothing more than a bunch of little gusting. PLEDGE OF ALLEGIANCE other countries. Recent history is f The SPEAKER. Will the gentle- teaching us just by looking at France, IMMIGRATION REFORM woman from Nevada (Ms. BERKLEY) it is no longer French but so inclusive come forward and lead the House in the to the point that France is nothing (Mr. FLAKE asked and was given Pledge of Allegiance. more than a hodgepodge of other cul- permission to address the House for 1 Ms. BERKLEY led the Pledge of Alle- tures, not French.’’ minute and to revise and extend his re- giance as follows: Mr. Speaker, people that come to the marks.) I pledge allegiance to the Flag of the United States must do so legally and Mr. FLAKE. Mr. Speaker, as Mem- United States of America, and to the Repub- they must expect to assimilate into bers of the House of Representatives, lic for which it stands, one nation under God, this country and become Americans. we are aware of the awesome power indivisible, with liberty and justice for all. And that’s just the way it is. that we have to make laws under which

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

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VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.000 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1324 CONGRESSIONAL RECORD — HOUSE March 30, 2006 we all are governed, but we are also atomic bomb gets put in there and we get on their private plane with a ham uniquely acquainted with our own limi- know about it before it gets on the sandwich. That is what they are al- tations. Polls may indeed show that a ship, not after. lowed to do. You could drive a truck majority of our constituents today If we want to make our country safe, through those types of reforms. The would simply like to see our current we better elect some Democrats. House Ethics Committee hasn’t even immigration laws enforced, but we are f met in more than a year when one in a position to know that such is un- Member here has pled guilty and three CONGRATULATING OHIO GIRLS’ reasonable. others are under investigation. STATE HIGH SCHOOL BASKET- Deciding whether our role is to lead Mr. Speaker, the American people BALL CHAMPION MOUNT NOTRE or to follow is not a new conundrum. won’t accept the continuation of busi- DAME COUGARS During the Constitutional Convention ness as usual under the guise of real rein 1787, George Washington counseled: (Mr. CHABOT asked and was given form. When that gavel comes down, it ‘‘If to please the people we do what we permission to address the House for 1 is intended to open the people’s House, ourselves disprove, how can we after- minute.) not the auction house. wards defend our work?’’ It might be Mr. CHABOT. Mr. Speaker, while I It is time for new priorities in Amer- comfortable in an election year to was at home last week in Ohio’s First ica. warm ourselves by the populist fire Congressional District, I had the honor f that we ourselves have stoked, but it is of attending a pep rally at Mount HIGHER EDUCATION not leadership. Notre Dame High School. The school Leaders appeal to the better angels of spirit in that gym was really some- REAUTHORIZATION our nature rather than bow to the thing to behold. Of course there was (Mr. KELLER asked and was given manifestations of our baser instincts. cause for celebration, since the Cou- permission to address the House for 1 The standard bearer of the modern con- gars captured their second Ohio girls’ minute.) servative movement, Ronald Reagan, State basketball championship in the Mr. KELLER. Mr. Speaker, I rise understood this very well when he last 3 years with an overall record of today to give the American people talked about the shining city on the 25–3. The Cougars faced a difficult road some straight talk on higher edu- hill. In his farewell address he de- to the championship, including a re- cation. The Higher Education Act be- scribed this, ‘‘a city with free ports gional final victory over a tough Oak fore Congress today will strengthen the that hummed with commerce and cre- Hills Lady Scots team, which also hap- Pell Grant program, expand Perkins ativity, and if there had to be city pens to be in my congressional district. student loans, and increase access to walls,’’ he said, ‘‘the walls had doors Mount Notre Dame basketball has college for millions of worthy Amer- and the doors were open to anyone with become synonymous with success ican students. the will to enter.’’ throughout the State of Ohio. Not only The Democrat substitute is called, I hope that that is how we see it have they appeared in the State finals quote, reverse the raid on student aid. today. 3 years in a row, but this victory made Don’t believe the hype. Not one stu- f the Cougars the first Cincinnati girls’ dent in America will receive less finan- basketball program to capture two cial aid under our bill. Not one. DEMOCRATS UNVEIL PLAN FOR State titles. It is also important to The heart of our bill is the Pell Grant REAL SECURITY note that Mount Notre Dame excels in program. Let’s look at this chart to (Mr. NADLER asked and was given academics. show the history of Pell Grant funding permission to address the House for 1 It is a great honor for me to recog- over 20 years. The yellow represents minute and to revise and extend his re- nize the success and achievements of when the Democrats were in control of marks.) these outstanding young women, their Congress. The red represents when Re- Mr. NADLER. Mr. Speaker, yester- head coach Scott Rogers, his staff and publicans were in control of Congress. day the Democrats in the House, the the entire student body. Their hard Does that look like we have raided stu- Senate and our Governors unveiled the work and dedication makes all Cincin- dent aid to you? The last 3 years Demo- Democratic plan for real security. This natians proud. crats were in control of Congress, they plan reveals the difference between the Go Cougars. had a Democrat House and a Democrat Democrats and the Republicans and f President and they cut Pell Grants the Bush administration in protecting every single year in a row. LOBBYING REFORM our country. Mr. Speaker, the American people Among the differences, the greatest (Mr. EMANUEL asked and was given are sick and tired of partisan slogans danger we face is that al Qaeda gets permission to address the House for 1 and election-year double talk. This is a nuclear weapons. The problem with minute.) good bill. I urge my colleagues to vote getting nuclear weapons is how to find Mr. EMANUEL. Mr. Speaker, it is ‘‘yes’’ on H.R. 609. fissionable material. There is enough time for a spring clean at both ends of f fissionable material lying around not Pennsylvania Avenue. In the wake of properly guarded in the former Soviet the Jack Abramoff scandal, public ap- DEMOCRATIC REAL SECURITY Union for thousands of bombs. The proval for this Congress is at an all- PLAN: REAL SECURITY STARTS Bush administration wants to get it time low and voters are demanding new AT HOME out of there—in 30 years. Democrats priorities for America. But rather than (Mr. PASCRELL asked and was given say, Get it now, all of it, by 2010 before working to restore the public’s trust, permission to address the House for 1 it is smuggled to al Qaeda to make nu- some are more interested in protecting minute.) clear weapons to use against American the culture of business as usual. They Mr. PASCRELL. Mr. Speaker, yester- citizens. are perfectly happy with their cozy re- day congressional Democrats unveiled We are rightly concerned about the lationships where highly paid lobbyists our detailed agenda to fully secure our Dubai Ports deal, who controls our serve as their ‘‘back office,’’ writing Nation. Since 9/11, we have worked to ports, but more important is what legislation, providing jobs to Members make America safer, and we have at- comes into our ports. Eleven million and relatives, and lavishing them with tempted to work in a nonpartisan way, shipping containers a year, 40-foot expensive dinners and trips. the record will show. Immediately boxes, come into American ports. The Yesterday, for instance, the Senate after 9/11, myself and some Democrats Republicans, the Bush administration, missed an opportunity for real reform were given the assignment to structure inspects 5 percent of them. Democrats when it rejected new restrictions on ways of improving our intelligence, say, no shipping container, not one, lobbyist-sponsored travel, presidential aiding our first responders, and secur- should be put on a ship bound to an libraries, and, most importantly, an ing our infrastructure. American port till it is electronically independent office of public integrity. And really it is unconscionable that scanned and inspected by the United Think about it. You can’t take a ham some Republicans, some, have said that States in the foreign port so that no sandwich from a lobbyist but you can this party had to wait till yesterday to

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.002 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1325 provide an agenda. I don’t know where today, we saw amendments that would stable regions of the world. We will in- they have been for the last 4 years. have extended the Pell Grant to quali- crease production of alternative fuels This is absolutely unacceptable. We fying prisoners. That is an attack on from America’s heartland, including pushed for a Homeland Security De- student aid; an amendment that would bio-fuels, clean oil, geothermal and partment. We wanted a secretary to sit have provided forgiveness for teachers fuel cells. We will also promote hybrid at the table and be part of the Cabinet. who go into rural communities, that is technology and enhance efficiency and The independent 9/11 Commission gave an attack on student aid; amendments conservation incentives. President Bush failing grades on Amer- that would have restored $12 billion to During consideration of an energy ica’s preparedness. Dirty bombs and the student aid pool. bill last year, the Republican majority other deadly materials are still able to If those are not attacks on student rejected many of these proposals when enter the United States through unse- aid, then I need to be educated. they were offered by Democrats. Under a Democratic majority, energy inde- cured ports and airports. The adminis- f tration has failed to meet the basic pendence would finally become a re- CONGRATULATING KRISTINA needs. ality. That is what people want. SLATER Democrats have a plan. We will im- f plement all of the 9/11 Commission rec- (Mr. PRICE of Georgia asked and was TIP FOR DEMOCRATS ON ommendations. We will improve border given permission to address the House IMMIGRATION REFORM security; invest in mass transit secu- for 1 minute.) Mr. PRICE of Georgia. Mr. Speaker, (Ms. FOXX asked and was given per- rity; fully man, train and equip first mission to address the House for 1 responders; and we will screen 100 per- it is a privilege for me to bring to the attention of the U.S. House a wonder- minute and to revise and extend her recent of the containers before they come marks.) ful recognition of one of my constitu- into this country. Ms. FOXX. Mr. Speaker, after many Mr. Speaker, we will make America ents, Kristina Slater, and what she has months, the Democrats have managed safer. just received. Just yesterday she was to release their so-called national secu- honored at the Pentagon with the f rity agenda; and one of the things their Decoration for Exceptional Civilian agenda calls for is improving border se- b 1015 Service Award at the Secretary of the curity. WAR PLANS LEAKED TO SADDAM Army’s annual awards ceremony. Last year, House Republicans passed This award stands for more than a the Border Protection, Anti-Terrorism (Mr. PITTS asked and was given per- certificate or a pin. It stands for supe- and Illegal Immigration Control Act as mission to address the House for 1 rior commitment to excellence. It well as the REAL ID Act. How do these minute and to revise and extend his re- stands for dedication. It stands for re- bills protect our borders? marks.) markable pride in doing one’s job day First, the Border Security Act in- Mr. PITTS. Mr. Speaker, last week a in and day out. creases penalties for illegal immigra- disturbing report was released showing Kristina Slater’s work exemplifies tion and holds violators accountable to evidence of a security breach at U.S. this. She was instrumental in helping restore the integrity of our Nation’s Central Command in Doha, Qatar. transition various information, tech- borders, reestablishes respect for our According to the report, Iraqi docu- nology functions, finances, and man- laws, and helps ensure that terrorists ments now in our possession show that power to meet current and future needs cannot enter the United States. Russian officials provided Saddam Hus- of the Army. The results of this are Second, the REAL ID Act federally sein with intelligence on U.S. strategic being met with strong operational suc- standardizes the requirements for ap- planning during the lead-up to the war cess, vital to everyone involved. plying and issuing State identification in Iraq. The documents say Russians We are all extremely proud of cards because the 19 hijackers respon- provided the intelligence through Kristina Slater and congratulate her sible for the 9/11 terrorist attacks car- ‘‘their sources inside the American on this wonderful honor. As the highest ried between them 13 valid driver’s li- Central Command in Doha,’’ specific honorary award bestowed upon a civil- censes and 21 State-issued ID cards. details 2 weeks before our troops en- ian employee by the Army, this worthy How did the Democrats vote on these tered Iraq. achievement is a testament to Ms. issues? 164 of them opposed the Border Mr. Speaker, this is not a small mat- Slater’s diligent and loyal service to Security Act and 152 opposed the REAL ter. U.S. CENTCOM in Qatar is the our Nation. ID Act. So Democrats now want to im- nerve center of our operations in Iraq. I know the House joins me in thank- prove border security? Here is a tip for That’s why it is absolutely vital that ing Kristina Slater on this award and them: start voting for legislation that we have full confidence in the security her selfless service and dedication to does exactly that. of our operations there. With troops on our Nation. f the ground and in harm’s way, it is es- f SEAL OUR BORDERS sential that we seek to find out how this information was leaked and DEMOCRATIC PLANS FOR ENERGY (Mrs. BLACKBURN asked and was given permission to address the House whether or not such leaks could still be INDEPENDENCE for 1 minute and to revise and extend happening. (Ms. MILLENDER-MCDONALD asked her remarks.) While military officials have been and was given permission to address Mrs. BLACKBURN. Mr. Speaker, the slow to investigate, Congress should the House for 1 minute.) issue is not hard to understand. The not be. Getting to the bottom of this Ms. MILLENDER-MCDONALD. Mr. American people understand this issue should be a top priority of the House Speaker, yesterday the Democrats and we are getting lots of calls into our and Senate Intelligence and Armed rolled out a plan for emergency and en- offices. Services Committees. Nothing less ergy independence by 2020. We have the immigration debate. As than the security of our troops is at Mr. Speaker, as the spring arrives, we talk about illegal immigration, as stake. gas prices are once again on the rise. we discuss the problem of illegal entry f America’s dependence on foreign oil is into this country, we all know that you up to 60 percent. Dependence on foreign have to begin with the very first step. ATTACK ON STUDENT AID sources of energy compromises our na- It has to be a priority and that priority (Mr. DAVIS of Illinois asked and was tional security and makes families and is seal our borders. given permission to address the House businesses less secure because of high We all learned in kindergarten that for 1 minute and to revise and extend energy costs. the beginning is a very good place to his remarks.) To free America from dependence on start. As we have this debate on illegal Mr. DAVIS of Illinois. Mr. Speaker, foreign oil, Democrats pledge to immigration and illegal entry into this student aid is under serious attack. As achieve energy independence for Amer- country, let’s begin at the very begin- I look at the 100 amendments that were ica by 2020 by eliminating reliance on ning by sealing the borders to this blocked from being considered later on oil from the Middle East and other un- great Nation.

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.004 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1326 CONGRESSIONAL RECORD — HOUSE March 30, 2006 DEMOCRATS WILL NOT PROTECT drug expenses. Simply call 1–800–MEDI- it is appropriate to support the cre- AMERICA CARE. ation of at least eight new Federal edu- (Mrs. MILLER of Michigan asked and In conclusion, God bless our troops, cation spending programs which are was given permission to address the and we will never forget September 11. contained in that language. House for 1 minute and to revise and f Mr. Speaker, it seems like only yes- extend her remarks.) terday we were discussing this bill. PROVIDING FOR FURTHER CONSID- And with apologies for using baseball Mrs. MILLER of Michigan. Mr. ERATION OF H.R. 609, COLLEGE Speaker, yesterday congressional analogies; but it is spring training sea- ACCESS AND OPPORTUNITY ACT son and for a Cubs fan, hope looms al- Democrats outlined their agenda to OF 2005 better secure America. I must say I ways eternal. But to quote the great was a bit surprised by what they had to Mr. BISHOP of Utah. Mr. Speaker, by philosopher and relief pitcher for the say. Even though America has not been direction of the Committee on Rules, I Kansas City Royals, Dan Quisenberry: attacked on our soil since September call up House Resolution 742 and ask ‘‘I have seen the future. It is just like 11, 2001, even though the vast majority for its immediate consideration. today, only longer.’’ of the leadership of the al Qaeda has The Clerk read the resolution, as fol- When we are talking today about been killed or captured, even though lows: how we help kids to fulfill their dreams we have toppled two dictatorships and H. RES. 742 of a college education, I think he is brought freedom to 50 million people in Resolved, That at any time after the adop- going to prove not only visionary but Iraq and Afghanistan, even though tion of this resolution the Speaker may, pur- prophetic. What we talk about today I funding has been dramatically in- suant to clause 2(b) of rule XVIII, declare the think will be the future, just longer. creased to aid first responders, the House resolved into the Committee of the This rule today allows eight impor- Democrats are trying to peddle the Whole House on the state of the Union for tant additional amendments to be further consideration of the bill (H.R. 609) to idea that President Bush has failed to brought forth, and they will be debated amend and extend the Higher Education Act on the floor. secure our Nation. of 1965. No further general debate shall be in Even though it was the Democrats I think it is significant of the 117 order. Notwithstanding clause 11 of rule amendments that were filed on this bill who gloated that they ‘‘killed the PA- XVIII, no further amendment shall be in TRIOT Act.’’ Even though it was the order except those printed in the report of for the Rules Committee, 15 were made Democrats under the Clinton adminis- the Committee on Rules accompanying this in order yesterday, another eight tration who gutted our intelligence op- resolution. Each such amendment may be of- today. Half of yesterday’s and half of erations. Even though it was leading fered only in the order printed in the report, today’s will be either Democrat or bi- may be offered only by a Member designated partisan amendments. Democrats who voted against giving in the report, shall be considered as read, our troops the funding and support shall be debatable for the time specified in b 1030 they need to win the war on terror. the report equally divided and controlled by This does not even begin to count the Even though it was the Democrats who the proponent and an opponent, shall not be number of issues which were already advocated a defeat and retreat strategy subject to amendment, and shall not be sub- worked out between the minority and for Iraq. ject to a demand for division of the question in the House or in the Committee of the the Education and Workforce staff and I hope the American people will take chairman in the base text of the bill a good look at the Democrats’ plan and Whole. All points of order against such amendments are waived. At the conclusion over the past several months, or those who is offering it, because they will see of consideration of the bill for amendment items for Democratic Members which once again that it is the Republican the Committee shall rise and report the bill were included in the manager’s amend- Party that is the one that will fight to to the House with such amendments as may ment which was passed by a voice vote the ends of the Earth to protect Amer- have been adopted. Any Member may de- yesterday. ica. mand a separate vote in the House on any I also want to statistically note that amendment adopted in the Committee of the f Whole to the bill or to the amendment in the 44 of the amendments that were filed nature of a substitute made in order as origi- were in violation of our germaneness MEDICARE PRESCRIPTION DRUG rule, including mandatory spending on COVERAGE REMINDER nal text. The previous question shall be considered as ordered on the bill and amend- new programs or invoking jurisdiction (Mr. WILSON of South Carolina ments thereto to final passage without inter- of other committees, including Judici- asked and was given permission to ad- vening motion except one motion to recom- ary and Ways and Means. dress the House for 1 minute and to remit with or without instructions. Twenty-five of the amendments were vise and extend his remarks.) The SPEAKER pro tempore (Mr. filed past the Rules Committee dead- Mr. WILSON of South Carolina. Mr. LATOURETTE). The gentleman from line. Speaker, I greatly appreciate phar- Utah (Mr. BISHOP) is recognized for 1 Members are always advised to be macists, social workers and other care- hour. sure of the procedure and the time givers who are working to help Amer- Mr. BISHOP of Utah. Mr. Speaker, deadlines for submitting amendments, ican seniors realize they have only 6 for the purpose of debate only, I yield and once again, we said yesterday, hav- weeks to take advantage of an oppor- the customary 30 minutes to the gen- ing the additional time before part two tunity to save hundreds of dollars in tlewoman from California (Ms. MAT- would give Members a chance to work the coming year. SUI), pending which I yield myself such out with the Parliamentarian’s Office Although over 27 million Americans time as I may consume. During consid- the details of their particular amend- have registered for the Medicare pre- eration of this resolution, all time ments. scription drug program, additional sen- yielded is for the purpose of debate Eight amendments were withdrawn. iors throughout our Nation are still el- only. Three were duplicative. Four were igible to sign up for this positive plan. House Resolution 742 provides for a taken care of in the manager’s amend- I am glad that independent reports in- structured rule and continued debate ment from yesterday. dicate that those who have registered on several additional amendments to The underlying bill, H.R. 609, still say the total cost of all of their drugs H.R. 609, the College Access and Oppor- strikes a very good balance between re- is often less than the amount they tunity Act of 2005. authorizing important and existing were paying for just one prescription This second rule for H.R. 609 allows higher education assistance programs, benefit in the past. Additionally, sen- for the consideration of the Democratic while steering clear of social engineer- iors who have consulted Medicare ex- substitute bill offered by the ranking ing mandates and massive new spend- perts and insurance counselors are usu- Democratic member of the Education ing programs. At the same time, it really quite happy with their coverage. and Workforce Committee, Mr. MILLER turns the emphasis to the original in- As the May 15 registration deadlines of California, and allows for 30 minutes tent of the 1965 Higher Education As- draws near, I encourage American sen- of debate on that measure alone so the sistance Act, to give students a hand iors to take advantage of this oppor- House will be able to debate and dis- up in helping them to earn their own tunity to significantly decrease their cuss the substitute’s vision of whether higher education.

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.006 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1327 Once again, the goal of this bill is number of thoughtful amendments never been more important. Yet, col- still simply to help more kids achieve that would help substantially increase lege enrollment rates in the United their dream of a college education and our investment in student loan pro- States are stagnant. As more and more not to try and funnel the money that grams, recruit teachers and develop a baby boomers begin to retire, we will can be used for them into other kinds high-skilled workforce. However, fewer be facing a crisis in the employment of projects and programs. This is still a than one in five amendments was made market if we cannot develop a highly good bill and, more importantly, a fair in order. skilled and trained workforce. This rule, and it allows the minority to offer Take, for example, the amendment must be a national priority, but appar- its comprehensive vision of the future offered by Representative INSLEE to re- ently not for this Congress. with regard to these issues in the Mil- cruit Head Start teachers. I remember Mr. Speaker, I reserve the balance of ler substitute. visiting the Nedra Court and Whis- my time. In conclusion, I ask that all Members pering Pines Head Start program in my Mr. BISHOP of Utah. Mr. Speaker, I support and to vote in favor of this rule district. The 60 students at each site yield 5 minutes to the gentleman from so that we can complete our work on definitely kept those teachers busy. Texas (Mr. GOHMERT). this important legislation and move This is a challenging job for which the Mr. GOHMERT. Mr. Speaker, I want closer to ensuring that more individ- $20,000 salary really is not much of an to thank my colleague for the time. uals and students than ever wanting a incentive. I had concerns about this bill as well. college education can indeed receive Yet, last year, the House passed H.R. As Republicans, we are not in favor of the help they need to do that. 2123, the School Readiness Act, to reau- increasing government but decreasing Mr. Speaker, I reserve the balance of thorize the Head Start program. Con- the amount of restrictions that addi- my time. tained in that legislation was an un- tional bureaucracy creates, and I saw Ms. MATSUI. Mr. Speaker, I yield funded mandate requiring Head Start part of this that created additional bu- myself such time as I may consume. teachers to obtain a bachelor’s degree. reaucracy by allowing States to start (Ms. MATSUI asked and was given Representative INSLEE offered a accrediting. permission to revise and extend her re- straightforward amendment to in- But before I say anything else, there marks.) crease student loan forgiveness pro- has been a great deal of misinforma- Ms. MATSUI. Mr. Speaker, I thank grams to $17,500, which is the same tion about what the Deficit Reduction the gentleman from Utah for yielding level allowed for other targeted for- Act did. Having two children in college me this time as we continue into part giveness programs for high-need profes- right now myself and another about to two. Today, we are considering a second sions. However, we will not be allowed start next year, I have been particu- rule to make in order amendments to to debate this amendment because the larly sensitive about this issue. I have the Republican majority’s version of Republican majority are limiting the had bankers and other educators say- the higher education reauthorization. I democratic process. ing, we understood you cut $12 billion had hoped we would have had the op- And those $12 billion in cuts from the in the Deficit Reduction Act for money portunity to continue a meaningful de- Deficit Reduction Act, Representative that was available for students, and bate about how to best assist families EMANUEL had an amendment that that is not right. and students across this Nation trying would restore the $12 billion to student What occurred was there was a reduc- to pursue the college dream because a aid programs cut in the Deficit Reduc- tion by about $12 billion of subsidies college education plays such a critical tion Act. I think I hear about the nega- that were going to banks for making part in our lives. tive impacts of these student aid cuts the student loans, but the fact is there As children, we all play at grown-up at least every other day, whether I am was around $9.5 billion increased in the roles, dreaming of what we may be home in Sacramento or here in Wash- amount available for student loans and when we grow up, a teacher, an astro- ington, D.C. I find it hard to believe grants and funding. So we increased, naut, a doctor, a scientist, an under- every other Member is not hearing this not decreased, by about $9.5 billion the water adventurer or perhaps even a as well. But that amendment was not amount available for students. Member of Congress. Well, an edu- made in order. So it was a good thing, and we recog- cation is what turns those dreams into Nor was the bipartisan Student Aid nize the importance of education, and reality, and with the reauthorization of Reward amendment. At no additional we are trying to help them. So that ad- the Higher Education Act, we could cost to taxpayers, the STAR amend- dresses that comment from my col- have had an opportunity to play a role ment would generate more than $12 bil- league. in encouraging these children’s futures. lion in additional college scholarship But with regard to the bill, I have But to do that, we need to be looking aid. grave concerns about it, especially to at a reauthorization that reinforces Representatives HOLT and KIND also allow the States to start accrediting. our Nation’s longstanding commitment crafted an exceptional amendment to Governments have done enough dam- to providing educational opportunities promote students to study and enter age to education in K–12 over the last for all Americans, but alas, at the start into careers focused on math, science, 30 years. I was very concerned about of this year, my colleagues across the engineering and technology. At a time that, but I appreciate Chairman aisle pushed through the budget rec- of increasing concern about America’s MCKEON working with me, and I appre- onciliation package that cuts student competitiveness in the world, these are ciate his staff working with us. loan programs by $12 billion, the single fields we must promote to develop an They have agreed to support an largest cut to the Nation’s Federal stu- engaged workforce. amendment which strikes out the pro- dent aid programs ever. I recently toured the UC Davis Cen- vision that allows States to apply to Middle-income families are hard- ter for Biophotonics in my district. the Federal Government which creates pressed to keep up with rising tuition This center explores how light and la- more Federal Government, to allow costs. Due to record high financial bar- sers can be applied to medical proce- them to start accrediting, and that riers, high school graduates who are dures, making for less invasive treat- provision, under my amendment, will fully prepared to attend a 4-year col- ments and better diagnoses of cancer. be struck. There will be no additional lege are unable to do so. The center has dozens of math and State agencies accrediting universities While college tuition has continued science graduate students assisting and colleges, and I am hopeful that to rise far faster than the cost of liv- with research alongside the Nation’s that will be passed with the chairman’s ing, the maximum Pell Grant level has leading biophotonics experts. support of that. remained virtually constant, thus forc- Unfortunately, today we are sending Also, we share a very strong concern ing many qualified students to post- a mixed message to students: We need about the increases in college tuition pone or cancel their dreams of a col- you to pursue math and sciences, but and fees. They have dramatically gone lege degree or to incur significant debt we will not ensure that you can afford up over the last 30 years. In fact, I was in the form of loans. the education to enter these fields. asking, when I went to law school, if it Clearly, this bill has room for im- Today, the economic, social and civic was still $500 a semester for tuition, provement. We could be debating a importance of a college education has and they said, yeah, that much an hour

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.008 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1328 CONGRESSIONAL RECORD — HOUSE March 30, 2006 now, but anyway, over a 30-year time, ments that I had hoped to have made leges in creating opportunity and ac- things have just gone up dramatically. in order. One of them would have recess to college, especially for middle- In balancing the difficulty of not in- stored Pell Grants to thousands of indi- and lower-income students. But today, creasing government, which naturally viduals who are currently incarcerated just 2 months after the Republicans requires an increasing cost to univer- with little skill, little training, and lit- voted to raid Federal student aid by $12 sities but at the same time requiring tle possibility without the additional billion, a vote which passed by only some accountability, I think the chair- education. And yet that amendment, two votes, Republicans once again are man’s bill, if my two provisions are and we are the most incarcerated Na- pushing through a higher education passed, that this is a good bill because tion on the face of the Earth, with bill that does not help American fami- it balances those things. more than 2 million people languishing lies pay for college. Why? Well, it is be- The task force that is created in the in jails and prisons, knowing full well cause the Republican Party is appar- top five most abusive colleges in rais- that most of them will return within a ently more interested in tax cuts for ing tuition over a 3-year period and short period of time if they do not ac- corporations and for oil companies. costs of the college, they will have to quire some of this great opportunity Traditionally, the Higher Education set up their own task force to figure that we call education, that amend- Act has enjoyed widespread bipartisan out why their institution has gotten so ment, unfortunately, was shot down. support. But today, instead of mean- abusive in its costs. So it will be its The second one would have provided ingful debate about the future of our own people looking at its own institu- a modest sum of money, only $25 mil- students and our country, a debate tion. It will not set up more bureauc- lion, for predominantly black student- that would provide accountability and racy. It will not set up more govern- serving institutions that are serving a access and opportunity, we find that ment, and this will push and provide low-income population, most of them debate has been blocked by the Repub- pressure on institutions and have some being the first in their family to have lican majority. accountability, even though it is by a chance to go to college. The schools The Higher Education Act should be people in their own community, as the they attend do not qualify as part of about creating access to vocational bill sets out, as amended, if my amend- the historically black college and uni- training and college for millions of ment is allowed to pass. versity network, and yet they will not America’s students and adults who find So I applaud the bill if my amend- be allowed to get the little additional themselves having to get reeducated in ment, those two provisions, pass. I resources. this tough economy. The reauthoriza- think it will be helpful in controlling I do want to thank Mr. PICKERING for tion law should serve as an opportunity costs without increasing bureaucracies his cosponsorship of this amendment. to improve the current law and make in government, and I appreciate very Hopefully, if it didn’t make it this college more accessible. much Mr. BISHOP and the chairman and round, of course we will be back and Unfortunately, the underlying bill his staff in working with us on this. hopefully, eventually, it will happen. does nothing to make college more af- Ms. MATSUI. Mr. Speaker, I yield 6 I did have one amendment, and I am fordable, and in fact it raids student minutes to the gentleman from Illinois grateful to the majority for including aid. And it does this at a time when (Mr. DAVIS). that idea in the manager’s amendment, tuition is rising faster than the rate of Mr. DAVIS of Illinois. Mr. Speaker, I to have the Secretary of Education inflation; at a time when financial aid want to thank the gentlewoman from take a hard look at why there is such for America’s families is not keeping California for yielding. a heavy disparity between African up with the rising cost of a college edu- Mr. Speaker, I rise in strong opposi- American males, for example, who are cation; and at a time when this Con- tion to the rule and in strong opposi- attending colleges and universities and gress will be voting for tax giveaways tion to H.R. 609, the underlying bill. other parts of the American popu- for the Nation’s wealthiest. In other As a matter of fact, I had hoped when lation. words, as a former teacher, I give this we started the process that we were When we look at the bill in every higher education bill a failing grade. going to see a bipartisan effort because way that we can, and I know that I And it gets a failing grade because it all of us talk about how great and how have heard my colleagues come to the misses the opportunity to promote stu- important education is, and I do not floor and say that this is not a raid on dents’ abilities to afford college and to think that there is a single person in student aid; that this is expanding op- make America more economically se- this House who would not agree with portunity; that this is making edu- cure. that. But oftentimes I am afraid that cation more affordable, I know that This dramatic rise in tuition that I our conversations are different than they believe what they are saying. I spoke about earlier over the past dec- our actions. just can’t figure out which playbook ade can only be explained by our lack When I look at this restrictive rule, they are reading from when you take a of participating and making college it prevents us from discussing and de- government that takes away money more affordable at a Federal level, but bating at least 100 amendments, 100 and gives back tax dollars to the also many of our States also get a fail- ideas, perhaps even 100 programs at dif- wealthy. ing grade for their participation in ferent ways to look at and try to im- Education is so vitally important making higher education affordable for prove access to college education for that we do ourselves and we do this Na- all students. When we put the dream of thousands and thousands of individuals tion a disservice when we prevent any a college education out of reach for in our country who will be left out and individual from having an opportunity Americans, America suffers. When we left behind, with no, or virtually no, to acquire it. put the dream of being able to afford a hope of ever reaching mainstream soci- Mr. BISHOP of Utah. Mr. Speaker, I college education out of reach for ety because they would not have had reserve the balance of my time. Americans, our students suffer. the chance. Ms. MATSUI. Mr. Speaker, I yield 4 In the Rules Committee, I offered an Yet, philosophically, when we think minutes to the gentlewoman from Min- amendment, along with Mr. TIERNEY, of education, I was thinking of some- nesota (Ms. MCCOLLUM). that would have presented a real solu- thing that Abraham Lincoln was sup- Ms. MCCOLLUM of Minnesota. Mr. tion to the college affordability issue, posed to have said at one time, and Speaker, it is with great disappoint- offering an achievable goal for the Fed- that is, that education makes a man ment today that I rise to voice my op- eral Government to work in partner- easy to lead but difficult to drive, easy position to the rule and the underlying ship with States to have account- to govern but impossible to enslave. bill. Higher education has become more So we should have been trying to pro- important than ever in ensuring Amer- ability, to provide the opportunity for vide the highest level of opportunity ica’s economic prosperity, national se- the American Dream for millions more for every individual in our country to curity, and health. A quality college families. Unfortunately, this oppor- grasp for that great opportunity. degree is the cornerstone of the Amer- tunity was missed when our amend- ican Dream, opening the doors of opment was ruled out of order. We would b 1045 portunity and professional fulfillment. have ensured that students and col- I had two amendments that I con- For decades, the Federal Government leges in my district and districts all sider to be very minor, meager amend- has been a partner with States and col- over this country would have invested

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.009 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1329 in a competitive fashion in order to to pay for the tax cuts. They want to b 1100 make our students and our country say it is for deficit reduction. It wasn’t In fact, if you look at the last 3 years more able to compete in the future. for deficit reduction. It was to pay for when Democrats were the majority in Why has Congress backed away from the tax cuts, either the tax cuts for the Congress, you see something pretty in- their future? Well, the answer is sim- oil companies or the tax cuts for the teresting. You see, in 1992, they had ple. Congress backed away because wealthiest people in this country. funded Pell Grants at $2,400, and then they wanted to take $12 billion that So it is very important that all Mem- they got a Democrat President in the could have been put back into the high- bers give very serious consideration to White House, Bill Clinton. And with a er education bill. They raided that $12 this substitute. It will be offered by Democrat President and a Democrat billion and gave it to corporations. myself and Mr. KILDEE, Mr. BOBBY House of Representatives, what hap- Mr. BISHOP of Utah. Mr. Speaker, I SCOTT, DANNY DAVIS, and Mr. GRIJALVA pened next? They cut Pell Grants 3 reserve the balance of my time. as a way of doing this. It also provides years in a row. Ms. MATSUI. Mr. Speaker, I yield 4 for establishing a new predominantly And then they come before us today minutes to the distinguished gen- black-serving institutions program to with this partisan slogan and election- tleman from California (Mr. GEORGE boost college preparation rates among year double talk saying we have raided MILLER). low-income black students, and it also financial aid. Don’t believe the hype. Mr. GEORGE MILLER of California. provides for increasing the tribal col- Not one student in America will re- I thank the gentlewoman for yielding. lege minimum grants. It stabilizes ceive less financial aid under this bill, Mr. Speaker and Members of the tribal college construction to ensure not one. House, later today this House will have that the funds for construction under They say, well, tell you what, instead an opportunity to reverse one of the the Higher Education Act are guaran- of the 6.8 percent that all of the Demo- more egregious things that we have teed. crats agreed to back in 2002 as part of done, or those who voted for it have It takes a number of the provisions a bipartisan compromise that fixes the done, against the interest of America’s that are in the underlying bill that interest rate, let’s now for the first economy, of America’s institutions of help Hispanic teaching institutions and time in the interest of election year higher education, for the students who gets rid of the single-lender rule so politics say we will give students a 3.4 are attending them, and the families that people can have an option about percent interest rate which will cost that are supporting them. And that where they go to refinance and renego- $2.7 billion for 1 year. How do they pay was when earlier this year in the budg- tiate their college loans. for it? They don’t tell us. They don’t et reconciliation bill, this Congress, But it is a very important substitute. have any way to pay for it. Why not under Republican leadership, cut $12 It is, in fact, a down payment on behalf just say zero percent? That sounds billion out of the student aid accounts of American students, on behalf of even better, but it is irresponsible, and and foisted a higher cost onto students America’s families, and on behalf of it breaks an agreement they made that and their families at the exact time America’s economy. It is about eco- was bipartisan and was in compliance when the increased cost of college edu- nomic and national security because it with what student groups said. cation is outstripping the ability of ensures that young Americans with a Now, let me show how we have fared those families to afford that education. lot of talent will not be shut out of col- with the Pell Grant program since We are starting to see an increasing lege because of the increased cost im- President Bush has been in office. Ac- number of young people who are fully posed upon them by the Republicans’ tually, I need another chart, if I can qualified, who would fully benefit from actions earlier this year in the Budget have it. While they are pulling that a college education who are now decid- Reconciliation Act. chart, I will just tell Members what it ing maybe they can’t do it because is. they can’t afford it. The exact purpose Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume to In the year 2000, when I was elected of the Federal Government’s involve- and President Bush was elected, we the gentleman from Florida (Mr. KEL- ment in helping to finance higher edu- funded Pell Grants at $7.6 billion. This LER), the subcommittee chairman. cation for America’s students is to past year, we funded Pell Grants at $13 Mr. KELLER. I thank the gentleman make sure that no qualified student is billion, a 71 percent increase in Pell for yielding. turned away from that opportunity be- Grant funding. Yet what slogan do we The Higher Education Act that will cause of cost. hear from the other side? Reverse the be reauthorized today by this House is So today, in our substitute, we will raid on financial aid. It is crazy. have the opportunity to make a down a good bill because it strengthens the The next figure, I will show, if my payment on reversing those costs for Pell Grant program, it expands Perkins chart were here, that, in 2000, the max- those families and those students most loans, and it increases access to college imum award was worth $3,300 per stu- in need. And what we will do is we will for millions of people. dent. This year, it is $4,050, and under cut the new interest rate that is going Now, we have just heard from the this bill, we provide an additional to go into place in July at 6.8 percent other side that they have a substitute $1,000 taking up to $5,050 for those high on these loans. We would reduce that that is better, called Reverse the Raid achieving, low-income students. to 3.4 percent, and this would be a down on Financial Aid. Now, let’s just take a Finally, since 2000, we have seen a 36 payment for 1 year. We obviously hope look at whether this is an actual true percent increase in the number of stu- that the Congress would follow on and statement, whether the Republican dents able to get Pell Grants. In 2000, continue that effort so that these stu- Party has been raiding financial aid. we had 3.9 million students. This year, dents can afford that education. I have here a chart that shows the we have 5.3 million students. So not It is just incredible what was done in history of Pell Grants for the past 20 only have we dramatically increased that budget reconciliation. Over 70 per- years. And of course Pell Grants are the funding for Pell Grants, we have cent of the net savings that comes the heart of this higher education reau- been able to do it despite the dramatic from excessive fees that we identify, thorization bill. Shown here in yellow increase in the number of students. and excessive interest rates that are are the Pell Grant funding levels when For Members to appreciate how big a charged to families and to students, the Democrats were in control of the jump this is to go from $3,300 to $4,050, rather than return what are identified Congress. Shown here in red are when let me explain it. Every $100 that we as excessive rates to those families so Republicans have been in control in increase the maximum Pell Grant they can help pay for their college edu- Congress. award costs us $420 million. We have cation, we took those, the Congress Looking at this over the past 20 made the most historic and largest in- took those, the Republicans took those years, does it really look like Repub- creases in the history of the Pell Grant and gave them in tax cuts to the licans have raided financial aid? Are program; and the other side has noth- wealthiest people in the country. you kidding me? You can easily see ing to say except ‘‘reverse the raid on So these people will continue to pay from these figures that under a Repub- financial aid.’’ excessive interest rates, but they will lican Congress financial aid has in- Mr. Speaker, this is a darn good bill. not get it returned to them. It will go creased dramatically. It increases funding for Pell Grants. It

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.011 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1330 CONGRESSIONAL RECORD — HOUSE March 30, 2006 expands the Perkins Student Loan Pro- families with incomes that are within 150% Emanuel (IL)—No. 19—Restores the $12 bil- gram, and it is going to help millions of the poverty line. lion to student aid programs that the Deficit of students go to college who otherwise Andrews (NJ)/Price (GA)—No. 117—(Late) Reduction Act cut. Requires IHEs to distribute materials on Engell (NY)—No. 88—(Late) Expresses the would not have the opportunity. I urge meningitis to new students along with the sense of the House of Representatives that, my colleagues to vote ‘‘yes’’ on this other general disclosures they are required in an effort to raise awareness about sexual fair rule and vote ‘‘yes’’ on this excel- to provide. assault, all colleges and universities should lent bill. Berman (CA)/Bono (CA)/Goodlatte (VA)/ provide a training course to incoming stu- Ms. MATSUI. Mr. Speaker, I yield Hoyer (MD)—No. 61—Requires colleges and dents to educate them on sexual assault. myself the balance of my time. universities to report whether they are tak- Etheridge (NC)—No. 47—Adds Fayetteville Mr. Speaker, we are here this morning steps to prevent illegal downloading of State University to the list of schools eligi- copyrighted material on their campus infor- ing to continue debate on a bill that ble for funding under Title III B of HEA. mation technology systems. Fattah (PA)—No. 107—(Late) Establishes a forms the backbone of the opportuni- Bishop (UT)—No. 32—(Withdrawn) Ensures new and distinct Dual Emollment Section as ties our Nation’s students may have at that state and local education officials, as an addendum to the current GEAR UP pro- our Nation’s colleges and universities. well as private schools and parents of home gram. This section is essentially an addi- We must get it right which is precisely schooled students, retain control over sec- tional programmatic element that would why this House must reject the rule be- ondary school curriculum for purposes of eli- specifically target resources and services to- fore us. gibility under the new Academic Competi- wards the promotion of dual enrollment tiveness Pell Grants program. Potential con- As I reminded my colleagues yester- among low income students participating in trol over this curriculum was improperly GEAR UP programs throughout the country. day, the House reauthorized the Higher given in-part to the Secretary of Education Education Act in 1992 and in 1998 in a The language was drafted in a manner that by the portion of the Deficit Reduction Act adds a new section to GEAR UP, and at- very different way than we have seen of 2005 which created this program. taches a separate appropriation for this sec- in the 109th Congress. Historically, any Bishop (NY)—No. 34—Increases oversight tion, $50,000,000 for fiscal year 2007 and such on the administration of the ability to ben- amendment to the Higher Education sums as may be necessary for each of the efit test. succeeding five years. In short, dual/concur- Act that was printed in the CONGRES- Bishop (NY)—No. 36—Blocks any Depart- SIONAL RECORD ahead of time could be ment of Education funds from being used to rent enrollment is defined as the practice by offered on the floor. recall Perkins loan funds. which high school students may enroll in The broad consideration those rules Bishop (NY)—No. 37—Extends the Tuition college courses while still enrolled in high provided yielded reauthorization meas- Deduction for Higher Education through 12/ school. Students receive college credits but 31/2011. are not required to apply for admission to ures with broad support in the House. the college in order to participate. Each of those years, the rules, the bills Cole (OK)/Payne (NJ)—No. 2—(Withdrawn) Strikes Section 402(c) from the bill to elimi- Fattah (PA)—No. 108—(Late) Adjusts the and the conference reports passed ei- nate the 10 percent set aside for novice TRIO minimum scholarship amount in which ther by voice vote or by overwhelming applicants.’ grantees are required by law to distribute in margins. Davis (IL)/Owens (NY)/Pickering (MS)—No. accordance with the requirements of the pro- So my colleagues will forgive me 80—Includes predominantly black institu- gram from the maximum Federal Pell Grant when I place the historical record on tions into existing higher education efforts to the minimum Federal Pell grant awarded. to strengthen the ability of minority-serving Fattah (PA)—No. 109—(Late) Creates legis- reauthorization next to this year’s bill lative action to take precedence over current and ask: What happened? institutions to attract, retain, and graduate low-income students. agency regulations which prevent new funds Instead of a bipartisan bill, we see Davis (IL)—No.81—Re-extends Pell eligi- appropriated under new authorizing legisla- the Higher Education Act torn in two bility to individuals in prison in an effort to tion to be used to provide services under old by the majority, solely so some of its increase successful transitions into the com- authorizing legislation. With this amend- provisions could be used to cut more munity and reduce recidivism. ment, funds will be permitted for use with than $12 billion from student aid par- Davis (IL)—No.82—(Withdrawn) Revises current GEAR UP students who have not yet tially to finance the majority’s tax the study on minority graduation rates that graduated from high school. Gingrey (GA)—No. 104—(Withdrawn) En- cuts. Instead of careful floor consider- was included in H.R. 609 as reported by Com- mittee to be consistent with recommenda- sures economically eligible students enrolled ation of several different policy ap- tions made by the Department of Education in a full-time, university level, academically proaches, we saw 118 amendments sub- and the National Center for Education Sta- gifted program, but are of traditional high mitted to the Committee on Rules but tistics. school age, qualify for Pell Grants. Students only 23 amendments were made in Davis (CA)—No. 14—Prevents contributions affected by the amendment are full time uni- order. made by military service members to the versity students who reside on campus as a Mr. Speaker, I include for the Montgomery GI Bill (MGJB) program from requirement of the gifted program. The stu- causing any reductions to a veteran students do not attend high school courses, nor RECORD a list of all of the amendments dent’s eligibility for federal student finan- to H.R. 609 submitted to the Com- will they return to a high school classroom cial aid. as a student. mittee on Rules but not made in order Emanuel (IL)—No. 16—Provides grants to Grijalva (AZ)—No. 58—Offers loan forgive- under either of the two rules. states and local education agencies seeking ness for teachers who work in schools lo- Andrews (NJ)—No. 97—(Late) Requires in- to create teacher preparation activities. In cated on Native American reservations or in stitutes of higher education to request emer- order to qualify, agencies must have a writ- Indian Country who complete five years of gency contact information on enrollment ten agreement with a local college or univer- service. forms. sity where the teaching residents will enroll Grijalva (AZ)—No. 59—Offers loan forgive- Andrews (NJ)—No. 98—(Late) Allows stu- and complete a Masters Degree in teaching; ness for educators working at high poverty dents, whose parents refuse to provide finan- teaching residents will spend no less that 10 (Title I eligible) and large free-and-reduced cial information on FAFSA forms, to receive months in a classroom with an experienced lunch population Border Schools within the unsubsidized loans. mentor teacher; and teaching residents must 100 mile region of the US-Mexico border who Andrews (NJ)—No. 99—(Late) Provides sign a written agreement with the local edu- complete 5 years of service. Seeks to reduce right of action for students to sue IREs for cation agency agreeing to teach in that dis- the burden of student debt for Americans violations of privacy rights. trict for a minimum of five years. who dedicate their careers to service in areas Andrews (NJ)—No. 100—(Late) Provides Emanuel (IL)—No. 17—Instructs the Sec- of national need along the border. that federal aid be given without regard to retary of Education to reduce the number of Grijalva (AZ)—No. 60—Offers loan forgive- university aid, which could then be given on questions on the Free Application for Fed- ness for teachers who work in rural schools top. eral Student Aid (FAFSA) form by 50 percent located in low-income communities who Andrews (NJ)—No. 101—(Late) Requires within 5 years. complete five years of service. personal computers that are disposed of by Emanuel (IL)—No. 18—Simplifies the appli- Holt (NJ)/Bishop (NY)—No. 33—Rebates IHEs be fully scrubbed of all personal infor- cation process for the neediest students with students who lost Pell Grant eligibility due mation. automatic qualification for the maximum to changes in the state tax tables, and re- Andrews (NJ)/Price (GA)—No. 105—(Late) aid awards through federal means tested pro- places the tax tables with the highest in- Requires IHEs to distribute materials on grams (such as Free and Reduced Price come protection allowance. meningitis to new students along with the School lunches). Raises the automatic zero Holt (NJ)—No. 50—Authorizes $15 million other general disclosures they are required income threshold to $25,000 (from $20,000) and in grants to institutions of higher education to provide. adjusts the threshold annually according to to establish programs that encourage stu- Andrews (NJ)—No. 106—(Late) Protects the the Consumer Price Index. Also eliminates dents to develop foreign language pro- award levels of institutions that report at certain nontaxable income data elements ficiency as well as science and technological least at 75% of their students come from from the FAFSA form. knowledge. Eligible institutions will develop

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.013 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1331 programs in which students take courses in tion and other authorized fees to an edu- training in foreign language, world area, and science, math and technology taught in a cational institution in which the service other international studies. It also clarifies foreign language. Funds will also support im- member is enrolled. The funds made avail- that undergraduates may use the fellowships mersion programs for students to take able for these grants shall match, on a 1:1 while studying abroad. science and math courses in a non-English basis, funding set aside by the Secretaries of Kind (WI)/Holt (NJ)—No. 31—Provides in- speaking country. the military departments. stitutions of higher education with grants to Holt (NJ)—No. 51—Creates the opportunity Israel (NY)—No. 20—(Withdrawn) Requires institute creative and innovative ways of en- for school systems to complete a Needs As- the Department of Education to study and couraging students to study and enter into sessment in science, mathematics, and for- report on methods of encouraging centers of careers focused on math, science, engineer- eign languages to guide teacher professional higher education, and their students, to ing, and technology. development and classroom improvement. study topics and regions important to our Lantos (CA)—No. 24—Makes a technical The Needs Assessment will include as many nation’s national security, such as Islamic correction to the Graduate Assistance in education stakeholders as possible, including studies and China studies. Areas of National Need (GAANN) program to teachers, administrators, parents, school Jackson-Lee (TX)—No. 73—Expresses the clarify Congressional intent that a Masters boards, businesses, institutions of higher Sense of Congress encouraging publishers, Degree level institution or program is eligi- education, professional associations, and professors, and universities to ensure acces- ble to be the lead recipient of a grant under others as determined by the community. The sibility of braille textbooks for blind or vi- the GAANN program. purpose of the Needs Assessment is to prop- sion-impaired students. Lee (CA)—No. 15—Makes school coun- erly direct funds and energy to necessary Jackson-Lee (TX)—No. 74—Commissions a selors, school social workers and school psy- and ambitious teacher professional develop- study of students in higher education with chologists eligible for student loan forgive- ment and classroom improvement. learning disabilities. ness program and identifies them as an ‘‘in Holt (NJ)—No. 52—Creates year-round pro- Jackson-Lee (TX)—No. 55—Increases the need’’ profession in our elementary and sec- fessional development for mathematics, maximum Pell grant from $6,000 to $7,350. ondary schools. science, vocational education, and technical Jefferson (LA)—No. 38—Seeks to provide Lewis (KY)—No. 49—(Withdrawn) Strikes a provision from the legislation to allow states course teachers inspired by reports like the an additional semester of Pell Grant eligi- to become accreditors of independent col- NAS’ ‘‘Rising Above the Gathering Storm’’ bility to college students who (1) attended leges and universities. Regional accrediting and the Glenn Commission’s ‘‘Before Its Too school in an ‘‘area affected by the Gulf hurri- entities now assure that colleges and univer- Late’’. The process begins with a two week cane disaster’’; (2) were dependents whose sities are meeting standards. Prohibits state summer institute at an institution of higher parents lived and were employed in the area; intervention into private and independent education targeted to improve content or (3) whose education was interrupted by the disaster. Also directs the Secretary of colleges and universities. knowledge of, grade level teaching of, and McCarthy (NY)—No. 21—Requires teacher Education to increase the annual loan limits the use of technology in the disciplines in preparation programs to publicly report on by $3,500 for affected students; eligible stu- which they teach. The professional develop- the number and type of teachers they are dents may elect to apply the loan increase to ment continues with meetings to discuss new preparing. scientific, industrial, and academic research either the 2005–2006 or 2006–2007 school years. McCarthy (NY)/Andrews (NJ)—No. 22—In- Jefferson (LA)—No. 110—(Late) Establishes and how to incorporate it into classroom cludes nursing schools in Section 102, ‘‘Insti- a low-cost relief loan program to make avail- practice. Additionally, an online community tutions Outside the United States’’. is created to further foster a collaborative able low-cost, long-term, guaranteed loans to McCarthy (NY)—No. 23—Creates a pilot learning community amongst teachers that eligible institutions of higher education for program to increase the number of graduate exceeds the limits of a once a month gath- expenses relating to the losses incurred dur- educated nurse faculty to meet the future ering. ing and after the gulf coast hurricane disas- need for qualified nurses. Hooley (OR)—No. 46—Creates a Technology ters including: construction and rehabilita- McCollum (MN)—No. 75—Requires colleges Education State Stimulus Scholarship Pro- tion, faculty salaries and benefits and to sup- that participate in Federal financial aid program, that will allow the Secretary of Edu- plement the institution’s operations. The grams to disclose information to students cation to award grants to States to provide loan should be repayable over 50 years and and the Department of Education about the supplementary scholarships to students for the Secretary will determine the loan college’s compliance with U.S. regulations study at the postsecondary level in science, amount. that prohibit bonuses to admissions coun- math, engineering, or a related field. Johnson, Eddie Bernice (TX)—No. 64—Ex- selors for their recruitment efforts. Inslee (WA)—No. 25—Seeks to retain Head pands anti-discrimination measures to pre- McCollum (MN)—No. 96—(Late) Strikes Start and Early Head Start teachers by include institutions of higher education from Section 204 and related sections. This amend- creasing the level of discretionary loan for- using Federal financial assistance to perform ment strikes the Teacher Incentive Fund giveness from $5,000 to $17,500 (the level for any study or fulfill any contract that pro- provisions and requires the Secretary of Edu- math and science teachers). Seeks to address hibits persons of a particular color, eth- cation to direct any funds appropriated for the unfunded mandate passed in School nicity, religion, gender, gender identity, sex- the Teacher Incentive Fund to financial as- Readiness Act (H.R. 2123) requiring 50 per- ual orientation or national origin from per- sistance to higher education institutions lo- cent of Head Start and Early Head Start forming that study or executing that con- cated in areas affected by Hurricanes Rita teachers to obtain a bachelor’s degree in tract. Institutions are not prevented from and Katrina. early education by 2011. conducting objective studies pertaining to Millender-McDonald (CA)—No. 4—Makes Inslee (WA)/Wu (OR)—No. 26—Instructs the discrimination or including the subject of mentoring a component of the community Advisory Committee on Student Financial discrimination’ in its curriculum. services programs under work-study. The Assistance (ACSFA) to assess the increasing Johnson, Eddie Bernice (TX)—No. 65—Ex- program can be coordinated between the eli- cost of college textbooks and the effect on pands Pell grant eligibility to children who gible institution and the public and private access to higher education, and to rec- lost a parent or guardian as a result of the organizations and entities that will partici- ommend strategies for reducing the costs. conflicts in Iraq or Afghanistan. These chil- pate in providing mentoring for children in Currently, ACSFA operates within the De- dren will be eligible for the maximum foster care (such as faith-based organiza- partment of Education to advise and counsel amount of Pell grant assistance. tions, foster care/adoption agencies, chil- Congress and the secretary of education on Johnson, Eddie Bernice (TX)—No. 62— dren’s groups, State Departments of Social student financial policy, focusing only on fi- Changes eligibility standards for Academic Services, public school systems). nancial aid. Allows the ACSFA to consider Competitiveness Grants by requiring recipi- Millender-McDonald (CA)—No. 3—Directs total costs, including textbooks, that may ents to also be Pell recipients, as opposed to the Secretary of Education to advocate for affect overall costs and access to postsec- the current requirement of Pell eligible. and support the addition of foster-care men- ondary education. Academic Competitiveness Grants are not to toring programs as part of the independent Israel (NY)—No. 66—Requires the Depart- exceed that of a student’s Pell grant, with study requirements if such independent ment of Education to study and report on first year awards adjusted from $750 to $1,000, study requirements are required for gradua- methods of encouraging centers of higher and second year awards adjusted from $1,300 tion in the following areas of Education, So- education, and their students, to study top- to $1,050. Academic Competitiveness Grant ciology, and Psychology at 4-year or 2-year ics and regions important to our nation’s na- recipients will be given top priority for intuitions. The duration of the program tional security, such as Islamic studies and SMART Grants. would be as outlined by academic require- China studies. Johnson, Eddie Bernice (TX)—No. 63—Ex- ments for graduation. Israel (NY)—No. 67—Directs the Secretary pands Pell grant eligibility to children who Millender-McDonald (CA)—No. 6—Clarifies of Education to match, on a 1:1 basis, any lost a parent or guardian as a result of Hurri- the due process owed to educational institu- funding set aside by National Security Edu- canes Katrina or Rita. These children would tions throughout the accreditation process. cation Trust Fund (NSETF) for the National be eligible for the maximum amount of Pell The amendment would: (1) provide express Security Education Program, thereby dou- grant assistance. Congressional definition of minimum due bling the funding of this program. Kind (WI)/Van Hollen (MD)—No. 30—Rein- process for educational institutions; and (2) Israel (NY)—No. 68—Directs the Secretary states the eligibility of undergraduates in require key accreditation decision making to of Education to make grants to eligible Section 602(b), Foreign Language Area Stud- be made in public and after an opportunity members of the Armed Services to pay tui- ies (FLAS) fellowships, for advanced level for public comment.

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.003 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1332 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Miller (NC)/Bishop (NY)—No. 89—(Late) Es- will oblige recipients of federal student aid Tierney (MA)/McCollum (MN)—No. 43—Re- tablishes a pre-competitive innovation in- to receive some instruction in financial lit- news states’ commitment to affordable col- vestment grant program that will assist col- eracy and responsibility to better manage lege education by ensuring that they main- leges and universities in establishing their financial aid. tain their own level of college financing. precompetitive technology transfer centers. Scott (GA)/Drake (VA)/Weiner (NY)—No. Gives students and families access to accu- Miller (CA)/McCarthy (NY)—No. 91—(Late) 69—Establishes a student loan repayment rate information about the cost of college Offers up-front tuition assistance to under- program within the Department of Edu- and steps individual schools are taking to graduates committed to a teaching career, cation for borrowers who agree to remain offer affordable rates of tuition. and seeks to establish teachers infields like employed, for at least three years, as public Tierney (MA)—No. 44—Commissions a math and science. Establishes grants with attorneys who are: (1) State or local criminal study by the Advisory Committee on Stu- which local districts can provide competitive prosecutors; or (2) State, Local, or Federal dent Financial Assistance to examine the salaries to their best teachers in the most public defenders in criminal cases. The re- adequacy of current financial aid programs high-need areas. payment under this program will be limited and the extent to which every qualified eligi- Norton (DC)—No. 93—(Late) Amends title to $6000 per calendar year and $40,000 total. ble student receives a sufficient comprehen- III of the Higher Education Act of 1965 to in- Scott (VA)—No. 83—Requires degree grant- sive financial aid package from all sources, clude the University of the District of Co- ing institutions to collect hate crimes data induding aid from Federal financial aid pro- lumbia as an eligible institution in Section using the same crime categories that the grams under this title, state financial aid 326 to receive funding for its qualified grad- FBI is required to use under the Hate Crime programs, institutional financial aid pro- uate programs. Statistics Act of 1991. grams, and privately-funded grant aid pro- Norton (DC)—No. 95—(Late) Amends Sec- Strickland (OH)—No. 70—Requires that the grams. tion 496 to clarify the current statutory due maximum authorized Pell grant award in- Tierney (MA)/McCollum (MN)—No. 45— process requirements, require cited institu- creases every year by a percentage equal to Commissions a GAO Study on college costs tions to receive notice of the deficiencies and the percent increase in the cost of higher and the relationship between state, Federal be provided the opportunity to respond, education, according to the Price Indexes for and institutional support for higher edu- grant cited institutions the right to assist- Personal Consumption Expenditures by Type cation and college costs. ance of counsel, and change the final appeals of Product of the Bureau of Economic Anal- Waters (CA)—No. 118—(LATE) Seeks to procedure to provide an alternative dispute ysis of the Department of Commerce. condition the eligibility of private, post-sec- resolution component. Strickland (OH)—No. 71—Defines and sets ondary institutions as ‘‘institutions of high- Petri (WI)/Miller (CA)—No. 27—Inserts at minimum standards for ‘‘educational organi- er education’’ for purpose of funding under the end of part G of title IV of the bill, the zations’’ eligible for teacher education part- the Act on the obtainment of at least 10 per- provisions of HR 1425, the Student Aid Re- nership grants under Title II of the bill. cent of its total funding from sources other ward Program. Strickland (OH)—No. 53—Expands the loan than Title IV. Ryan (OH)—No. 8—Requires the Education forgiveness program for FFEL and DL bor- Waters (CA)—No. 56—Extends eligibility Secretary to award grants of not more than rowers to all teachers working in low-income for Centers of Excellence program funds to $25,000 each on a competitive basis to not schools who became first-time borrowers on states in which a major disaster has occurred more than 20 institutions of higher edu- or after October 1, 1990. under Section 402 of the Robert T. Stafford cation to enable those schools to determine Stupak (MI)—No. 78—Provides Federal stu- Disaster Relief and Emergency Assistance the feasibility of operating a course material dent loan relief to borrowers who go into Act for a period of two years following the rental program on their campuses. The feasi- school administration in low-income school date of Presidential declaration. bility studies would determine the effective- districts. Applies to any borrower who has Wu (OR)/Simmons (CT)—No. 9—Allows stu- ness and cost of a program which expands been employed as a full-time school super- dent loan borrowers to refinance their stu- the services of bookstores to provide the op- intendent, principal, or other administrator dent loans. Upon reconsolidation, the bor- tion for students to rent course materials in for five consecutive complete school years in rower would get a variable rate with a cap of order to achieve savings for students. a school district in a low-income area. 6.8 prcent. Ryan (OH)—No. 7—Requires institutions of Tierney (MA)/Kind (WI)—No. 76—Prohibits Wu (OR)/McGovern (MA)—No. 10—In- higher education to waive academic progress the campus-based aid funding formula creases the Pell Grant award to $8,000 requirements for interruptions of study changes from taking place until the Sec- through the use of mandatory funds over a caused by active military service. retary of Education certifies that sufficient period of 5 years. Sanchez, Loretta (CA)—No. 111—(Late) funding has been appropriated so that no Adds language so that paragraph 4 of section school loses money. Mr. Speaker, I ask my friends on the 513 enables students receiving financial as- Tierney (MA)/McCollum (MN)—No. 40— other side of the aisle, why doesn’t Mr. sistance to receive some sufficient to cover Provides incentives to make tuition afford- INSLEE deserve a floor vote on his pro- elevated costs of living that exist in some re- able. Provides that any institution of higher posal on Head Start teacher loan for- gions. education that keeps its net tuition price in- giveness? Why prevent public discus- Sanchez, Loretta (CA)—No. 112—(Late) crease below the Higher Education Price sion of Mr. MCGOVERN’s and Mr. WU’s Adds language so that SECTION 131(b)(1) will Index receives a 25 percent increase to the proposal that we increase Pell Grant Pell Grant award of its Pell Grant recipients require the website to provide, along with awards? Or the amendment from Mr. other data elements of importance, informa- and any institution that guarantees net tuition which will be useful to minority student tion price increases below the Higher Edu- MILLER and Mr. PETRI that would pro- populations. For example, by including His- cation Price Index for five years receives a 10 vide $12 billion in student aid without panic Serving Institutions as a search cri- percent increase to the Pell Grant award of costing the taxpayers a dime? terion in the website’s college search, stu- its Pell Grant recipients. Institutions that Clearly, their ideas would have at dents will be able to target the universities raise net tuition price by more than the least made it to the floor for the debate which may provide scholarships or areas of Higher Education Price Index shall submit a in 1992 and 1998. So have these Members study of their preference. report explaining the causes of such an in- simply shown up to the wrong section crease and detailing a plan for preventing Sanchez, Loretta (CA)—No. 113—(Late) of Congress, or does the majority feel Adds language so that SECTION 131(b)(3)(B) such increases in the future. reads as follows: ‘‘includes clear and uniform Tierney (MA)/McCollum (MN)—No. 41— that these amendments might be sound information determined to be relevant to Commissions the National Research Council policy and pass? prospective students, enrolled students, and to conduct a national study to determine the Members on both sides of the aisle families; in both English and Spanish’’. This viability of developing and implementing decry the lack of bipartisanship in the amendment will require all the information standards in environmental, health, and House every day, but what are we doing in the website to be presented in both safety areas to provide for differential regu- to really embrace bipartisanship? We English and Spanish. lation of industrial laboratories and facili- should be able to agree that every Sanchez, Loretta (CA)—No. 114—(Late) ties, on the one hand, and research and Adds a new paragraph so that the new SEC- teaching laboratories on the other. The Na- Member of this body deserves time to TION 131(c)(2) requires the schools in the tional Research Council shall make specific offer his or her suggestions on some- website to present a list of scholarships they recommendations for statutory and regu- thing as fundamental as our Nation’s offer. This will help students who are eligible latory changes that are needed to develop education policy. Sadly, that is not the for specific scholarships to identify institu- such a differential approach. case this morning. tions who offer that specific type of scholar- Tierney (MA)/McCollum (MN)—No. 42— Mr. Speaker, I urge all Members to ship. Creates an articulation agreement dem- reject the second rule and the under- onstration program, monitored by the De- Sanchez, Loretta (CA)—No. 115—(Late) lying legislation. Adds language so that SECTION 131(d) will partment of Education, to encourage institu- require the information under this section to tions of higher education to enter into ar- Mr. Speaker, I yield back the balance be in both English and Spanish. ticulation agreements or consortia groups, of my time. Sanchez, Loretta (CA)—No. 116—(Late) as a means to lower tuition prices to stu- Mr. BISHOP of Utah. Mr. Speaker, I Adds language so that SECTION 401A(a)(1) dents. yield myself the balance of my time.

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.005 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1333 As we have seen today, Dan a rollcall vote; No. 80 was defeated on Ms. MATSUI. Mr. Speaker, I object Quisenberry was right: The future is rollcall vote; No. 27 defeated on a roll- to the vote on the ground that a much like the past, only longer. call vote; No. 83 defeated on a voice quorum is not present and make the Yesterday the debate on the under- vote; No. 43 defeated on a rollcall vote; point of order that a quorum is not lying bill provided ample discussion, and No. 45 was actually incorporated present. and we realize that the underlying bill into the bill. Amendment No. 9 was de- The SPEAKER pro tempore. Evi- is one that has the one goal, the most feated twice, once in the subcommittee dently a quorum is not present. important goal, to expand the number and once in the committee and then, The Sergeant at Arms will notify ab- of kids who have the opportunity of once again, presented on the floor. sent Members. fulfilling their college dream, with a What the Rules Committee is trying The vote was taken by electronic de- special emphasis on new students com- to do is cull through the process in the vice, and there were—yeas 224, nays ing into the system and those who ac- committees where this discussion 188, not voting 20, as follows: celerate their study programs in some should take place with people who have particular way. expertise and people who have devel- [Roll No. 75] If I can speak for the chairman of the oped competence in that particular YEAS—224 committee, I believe at that point that area, not replicating the entire thing Aderholt Gibbons Nunes part of the discussion was done in a on the floor, which is why if you look Akin Gillmor Nussle very bipartisan manner in the com- Alexander Gingrey Osborne at the rules for both yesterday and Bachus Gohmert Otter mittee. today, they are both rules which re- Baker Goode Paul Mr. MILLER, the ranking member, ward bipartisanship for indeed half of Barrett (SC) Goodlatte Pearce will give a comprehensive alternative the amendments made in order were ei- Bartlett (MD) Granger Pence program and have 30 minutes of debate, Barton (TX) Graves Peterson (PA) ther Democrat or bipartisan amend- Bass Green (WI) Petri and he can include anything he wishes ments at that particular time. Beauprez Gutknecht Pickering to include in that. We are offering One of the greatest managers of all Biggert Hall Pitts plenty of debate on this particular bill. Bilirakis Harris Platts time, Casey Stengel, once talking Bishop (UT) Hart I would like to say something simply about who I still think is the best sec- Poe Blackburn Hastings (WA) Pombo about the rule itself and the process of ond baseman in the history of the Blunt Hayes Porter Boehlert Hayworth the rule. If we extend the logic of some Yankees’ organization, Bobby Richard- Price (GA) Boehner Hefley who are saying everything should be an Pryce (OH) son, said he was amazed because the Bonilla Hensarling Putnam open rule, realizing we have four times guy doesn’t drink, he doesn’t smoke, he Bonner Herger Radanovich Bono Hobson the number that are in the Senate, we doesn’t stay out late, and he still can’t Ramstad move ourselves into a structural sys- Boozman Hoekstra hit .250. That is a wonderful non sequi- Boustany Hostettler Regula tem where we start to emulate the tur. Not staying out late, not drinking, Bradley (NH) Hulshof Rehberg Senate process which should strike fear not smoking makes you healthy and Brady (TX) Hunter Reichert Brown (SC) Hyde Renzi in the hearts of Members just on that perhaps play longer but it has nothing Reynolds concent. Brown-Waite, Inglis (SC) to do with the ability of hitting a curve Ginny Istook Rogers (AL) Prior to the War of 1812, we had al- ball. Burgess Jenkins Rogers (KY) ways had committee work done in the Oftentimes when we come here with Burton (IN) Jindal Rogers (MI) House. It was Speaker Clay who insti- Buyer Johnson (CT) Rohrabacher amendments on the floor, we bypass Calvert Johnson (IL) Ros-Lehtinen tuted standing committees and formu- the concept of the bill with some Camp (MI) Johnson, Sam Royce lated a structural policy that the amendments or processes that I think Campbell (CA) Jones (NC) Ryan (WI) House has used since that time to try are non sequitur. Cannon Keller Ryun (KS) to use committees in a different way Cantor Kelly Saxton Talking about the various kinds of Capito Kennedy (MN) Schmidt than our sister body on the other side teachers in various disciplines that we Carter King (IA) Schwarz (MI) of this Capitol to try to put a greater can enhance is good, is worthwhile and Castle King (NY) Sensenbrenner emphasis on committees so that Mem- wonderful, but this bill is about how Chabot Kingston Sessions bers would become specialists in areas. Chocola Kirk Shadegg kids can have better access to a college Coble Kline Shaw They would have expertise. In com- education. Cole (OK) Knollenberg Shays mittee, you can have expert testimony Talking about increasing the poten- Conaway Kolbe Sherwood in the hearing to assist, and in the Crenshaw Kuhl (NY) Shimkus tial of lender profits is great for the Cubin LaHood committee with expertise in that area, Shuster lenders, but this bill is about how you Culberson Latham Simmons Members could sit down and work expand the number of kids who can get Davis (KY) LaTourette Simpson through bills before they actually came a college education. Davis, Jo Ann Leach Smith (NJ) Davis, Tom Lewis (CA) Smith (TX) to the House. Having an amendment that deals Deal (GA) Lewis (KY) There was for this particular bill 79 Sodrel with National Resource Council to DeLay Linder Souder Dent LoBiondo amendments discussed in the com- have an environmental health and safe- Stearns Diaz-Balart, L. Lucas mittee, half as many of those amend- ty study is a wonderful concept and a Sullivan Diaz-Balart, M. Lungren, Daniel Tancredo ments in the subcommittee on this par- worthwhile goal, but it is not the pur- Doolittle E. Taylor (NC) ticular bill with endless discussion. It Drake Mack pose and the function of this bill. Terry Dreier Manzullo was a thoroughly vetted and discussed I hope as we go through this process Thomas bill. I would add, of the 117 amend- Duncan Marchant we recognize what the Rules Com- Ehlers McCaul (TX) Thornberry ments that then came to the Com- mittee tried to do is focus in on what Emerson McCotter Tiahrt mittee on Rules for further discussion the purpose of this bill is. The purpose English (PA) McCrery Tiberi Turner here on the floor, 68 of those were from of this bill is to try to help more kids Everett McHenry Feeney McHugh Upton members of the committee who already get a college education. In that regard, Ferguson McKeon Walden (OR) supposedly discussed that. Multiple I think this rule moves us in that di- Fitzpatrick (PA) McMorris Walsh amendments were either withdrawn, rection and the underlying bill sup- Flake Mica Wamp were duplicative, or had jurisdictional Foley Miller (MI) Weldon (FL) ports that. Forbes Miller, Gary Weldon (PA) problems. And more important, many Mr. Speaker, I yield back the balance Fortenberry Moran (KS) Weller of those amendments presented in the of my time, and I move the previous Fossella Murphy Westmoreland Rules Committee had been discussed question on the resolution. Foxx Musgrave Wicker Franks (AZ) Myrick Wilson (NM) and defeated in the committee of juris- The previous question was ordered. Frelinghuysen Neugebauer Wilson (SC) diction. The SPEAKER pro tempore (Mr. Gallegly Ney Wolf As I look at some of the amendments LATOURETTE). The question is on the Garrett (NJ) Northup Young (AK) that were proposed: No. 97 was defeated resolution. Gerlach Norwood Young (FL) on a rollcall vote; No. 98 was with- The question was taken; and the NAYS—188 drawn in committee; No. 100 defeated Speaker pro tempore announced that Abercrombie Allen Baca on a voice vote; No. 101 was defeated in the ayes appeared to have it. Ackerman Andrews Baird

VerDate Aug 31 2005 23:40 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.014 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1334 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Baldwin Gutierrez Oberstar of the privileges of the House, and I The SPEAKER pro tempore. The Barrow Harman Obey offer a privileged resolution. question is on the motion to table. Bean Hastings (FL) Olver Becerra Herseth Ortiz The SPEAKER pro tempore (Mr. The question was taken; and the Berkley Higgins Pallone LATOURETTE). The Clerk will report Speaker pro tempore announced that Berman Hinchey Pascrell the resolution. the ayes appeared to have it. Berry Hinojosa Pastor The Clerk read the resolution, as fol- RECORDED VOTE Bishop (GA) Holden Payne lows: Bishop (NY) Holt Pelosi Ms. PELOSI. Mr. Speaker, I demand Blumenauer Honda Peterson (MN) Whereas, it has been two years since cred- a recorded vote. Boren Hooley Pomeroy ible reports of misconduct by Mr. Jack Boswell Hoyer Price (NC) Abramoff and Members of Congress began A recorded vote was ordered. Boucher Inslee Rahall appearing regularly in the public record, in- The vote was taken by electronic de- Boyd Israel Reyes cluding reports closely linking Republican vice, and there were—ayes 216, noes 193, Brady (PA) Jackson (IL) Ross Members of Congress with the documented answered ‘‘present’’ 7, not voting 16, as Brown (OH) Jefferson Rothman Brown, Corrine Johnson, E. B. misconduct of Mr. Abramoff; follows: Roybal-Allard Whereas, in the first session of the 109th Butterfield Jones (OH) Rush [Roll No. 76] Capps Kanjorski Congress, for the first time in the history of Ryan (OH) Capuano Kaptur the House of Representatives, the rules of AYES—216 Sabo Cardin Kennedy (RI) Salazar procedure of the Committee on Standards of Aderholt Garrett (NJ) Norwood Carnahan Kildee Sa´ nchez, Linda Official Conduct were changed on a partisan Akin Gibbons Nunes Carson Kilpatrick (MI) T. basis, the Chairman of the Committee and Alexander Gillmor Nussle Case Kind Sanchez, Loretta two of his Republican Colleagues were dis- Bachus Gingrey Osborne Chandler Kucinich Sanders missed from the Committee, the newly ap- Baker Gohmert Otter Cleaver Langevin Schiff Barrett (SC) Goode Pearce Clyburn Lantos pointed Chairman of the Committee improp- Schwartz (PA) Bartlett (MD) Goodlatte Pence Conyers Larsen (WA) erly and unilaterally fired non-partisan staff, Scott (GA) and the Chairman attempted to appoint su- Barton (TX) Granger Peterson (PA) Cooper Larson (CT) Bass Graves Scott (VA) pervisory staff without a vote of the Com- Petri Costa Lee Beauprez Gutknecht Pickering Costello Levin Serrano mittee in direct contravention of the intent Biggert Hall Pitts Cramer Lewis (GA) Sherman of the bi-partisan procedures adopted in 1997; Bilirakis Harris Poe Crowley Lipinski Skelton Whereas, because of these actions, the Bishop (UT) Hart Pombo Cuellar Lofgren, Zoe Slaughter Committee on Standards of Official Conduct Blackburn Hastings (WA) Porter Cummings Lowey Smith (WA) conducted no investigative activities in the Blunt Hayes Price (GA) Davis (AL) Lynch Snyder first session of the 109th Congress and has Boehlert Hayworth Pryce (OH) Davis (CA) Maloney Solis Boehner Hefley Putnam Davis (IL) Markey Spratt not yet conducted such activities; Bonilla Hensarling Radanovich Davis (TN) Matheson Stark Whereas, the Senate Committee on Indian Strickland Affairs and the Senate Committee on Fi- Bonner Herger Ramstad DeFazio Matsui Bono Hobson Stupak Regula DeGette McCarthy nance have both undertaken investigations Boozman Hoekstra Tanner Rehberg Delahunt McCollum (MN) of Mr. Jack Abramoff’s activities, yet no Boustany Hostettler Tauscher Reichert DeLauro McDermott House Committee has begun any such inves- Bradley (NH) Hulshof Taylor (MS) Renzi Dicks McGovern tigation; Brown (SC) Hunter Thompson (CA) Reynolds Dingell McIntyre Whereas, on March 29th, 2006, Mr. Jack Brown-Waite, Hyde Thompson (MS) Rogers (AL) Doggett McNulty Ginny Inglis (SC) Tierney Abramoff was sentenced to 5 years and 10 Rogers (KY) Doyle Meehan Burgess Istook Towns months in prison after pleading guilty to Rogers (MI) Edwards Meek (FL) Burton (IN) Jenkins Udall (CO) conspiracy and wire fraud; Rohrabacher Emanuel Melancon Buyer Jindal Udall (NM) Whereas, a Justice Department press re- Ros-Lehtinen Engel Michaud Calvert Johnson (CT) Van Hollen lease reported that Mr. Jack Abramoff ‘‘cor- Royce Eshoo Millender- Camp (MI) Johnson (IL) ´ Ryan (WI) Etheridge McDonald Velazquez ruptly provid[ ed] things of value to public Campbell (CA) Johnson, Sam Ryun (KS) Farr Miller (NC) Visclosky officials . . . including, but not limited to, a Cannon Keller Saxton Fattah Miller, George Wasserman lavish trip to Scotland to play golf on Cantor Kelly Schmidt Filner Mollohan Schultz worldfamous courses, tickets to sporting Capito Kennedy (MN) Schwarz (MI) Ford Moore (KS) Watt Carter King (IA) events and other entertainment, regular Sensenbrenner Frank (MA) Moore (WI) Waxman Castle King (NY) meals at Abramoff s upscale restaurant, and Sessions Gonzalez Moran (VA) Weiner Chabot Kingston campaign contributions for [a] Representa- Shadegg Gordon Murtha Wexler Chocola Kirk tive, his political action committee, his cam- Shaw Green, Al Nadler Woolsey Coble Kline paign committee, and other political com- Sherwood Green, Gene Napolitano Wu Cole (OK) Knollenberg Shimkus Grijalva Neal (MA) Wynn mittees on behalf of [that] Representative.’’ Conaway Kolbe (Department of Justice press release, Janu- Shuster NOT VOTING—20 Crenshaw Kuhl (NY) ary 3, 2006); Cubin LaHood Simmons Cardoza Marshall Schakowsky Whereas, Mr. Jack Abramoffs plea agree- Culberson Latham Simpson Clay McKinney Sweeney ment states that he and his colleagues ‘‘pro- Davis (KY) LaTourette Smith (NJ) Davis (FL) Meeks (NY) Waters vided things of value to public officials in ex- Davis, Jo Ann Lewis (CA) Smith (TX) Evans Miller (FL) Watson Davis, Tom Lewis (KY) Sodrel change for a series of official acts and influ- Stearns Gilchrest Owens Whitfield ence . . . including agreements to support Deal (GA) Linder Issa Oxley Sullivan and pass legislation (and) agreements to DeLay LoBiondo Jackson-Lee Rangel Dent Lucas Tancredo (TX) Ruppersberger place statements in the Congressional Diaz-Balart, L. Lungren, Daniel Taylor (NC) Record.’’ (Abramoff Plea Agreement); Diaz-Balart, M. E. Terry b 1144 Whereas, on November 5, 2005, in the Doolittle Mack Thomas United States District Court for the District Thornberry Messrs. STUPAK, BUTTERFIELD, Drake Manzullo of Columbia, a former Congressional staff Dreier Marchant Tiahrt DOGGETT, and CUELLAR changed member and business partner of Mr. Jack Duncan McCaul (TX) Tiberi their vote from ‘‘yea’’ to ‘‘nay.’’ Abramoff pled guilty to conspiracy to vio- Ehlers McCotter Turner So the resolution was agreed to. late Federal laws and admitted that, begin- Emerson McCrery Upton English (PA) McHenry Walden (OR) The result of the vote was announced ning in January, 2000, he offered and pro- Walsh vided things of value to public officials, in- Everett McHugh as above recorded. Feeney McKeon Wamp A motion to reconsider was laid on cluding Members of Congress and staff, in ex- Ferguson McMorris Weldon (FL) change for a series of official acts; the table. Fitzpatrick (PA) Mica Weldon (PA) Resolved, That the Committee on Stand- Flake Miller (MI) Weller f ards of Official Conduct shall immediately Foley Miller, Gary Westmoreland initiate an investigation of the misconduct Forbes Moran (KS) Whitfield b 1145 by Members of Congress and their staff im- Fortenberry Murphy Wicker plicated in the scandals associated with Mr. Fossella Musgrave Wilson (NM) PRIVILEGES OF THE HOUSE—PRIV- Jack Abramoff’s criminal activity. Foxx Myrick Wilson (SC) Franks (AZ) Neugebauer Wolf ILEGED RESOLUTION REQUIRING The SPEAKER pro tempore. The res- ETHICS INVESTIGATION OF MEM- Frelinghuysen Ney Young (AK) olution constitutes a question of the Gallegly Northup Young (FL) BERS OF CONGRESS BRIBED BY privileges of the House. REPUBLICAN LOBBYIST JACK NOES—193 MOTION TO TABLE OFFERED BY MR. BISHOP OF ABRAMOFF Abercrombie Baca Bean UTAH Ackerman Baird Becerra Ms. PELOSI. Mr. Speaker, pursuant Mr. BISHOP of Utah. Mr. Speaker, I Allen Baldwin Berkley to rule IX, I rise in regard to a question move to table the resolution. Andrews Barrow Berman

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.007 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1335 Berry Hinojosa Pascrell GENERAL LEAVE in which the application for financial assist- Bishop (GA) Holden Pastor ance is submitted, by— Bishop (NY) Holt Payne Mr. MCKEON. Mr. Speaker, I ask ‘‘(A) a local educational agency liaison for Blumenauer Honda Pelosi unanimous consent that all Members homeless children and youths, as designated Boren Hooley Peterson (MN) may have 5 legislative days in which to under section 722(g)(1)(J)(ii) of the McKin- Boswell Hoyer Platts ney-Vento Homeless Assistance Act (42 Boucher Inslee Pomeroy revise and extend their remarks and in- Boyd Israel Price (NC) clude extraneous material on H.R. 609. U.S.C. 11432(g)(1)(J)(ii)); Brady (PA) Jackson (IL) Rahall The SPEAKER pro tempore (Mr. ‘‘(B) a director of a homeless shelter, tran- Brown (OH) Jefferson Reyes sitional shelter, or independent living pro- Brown, Corrine Johnson, E. B. LATOURETTE). Is there objection to the Ross gram; or Butterfield Kanjorski request of the gentleman from Cali- Rothman ‘‘(C) a financial aid administrator;’’. Capps Kaptur Rush fornia? Capuano Kennedy (RI) The Acting CHAIRMAN. Pursuant to Ryan (OH) There was no objection. Cardin Kildee Sabo House Resolution 742, the gentlewoman Carnahan Kilpatrick (MI) f from Illinois (Mrs. BIGGERT) and a Carson Kind Salazar Case Kucinich Sa´ nchez, Linda COLLEGE ACCESS AND Member opposed each will control 5 Chandler Langevin T. OPPORTUNITY ACT OF 2005 minutes. Cleaver Lantos Sanchez, Loretta The Chair recognizes the gentle- The SPEAKER pro tempore. Pursu- Clyburn Larsen (WA) Sanders woman from Illinois. Conyers Larson (CT) Schakowsky ant to House Resolution 742 and rule Cooper Leach Schiff Mrs. BIGGERT. Mr. Chairman, I rise XVIII, the Chair declares the House in to introduce an amendment that would Costa Lee Schwartz (PA) the Committee of the Whole House on Costello Levin Scott (GA) make the dream of a college education Cramer Lewis (GA) Scott (VA) the State of the Union for the further more accessible to youth who are Crowley Lipinski Serrano consideration of the bill, H.R. 609. homeless and on their own. Cuellar Lofgren, Zoe Shays Cummings Lowey Sherman b 1209 While many young people experience Davis (AL) Lynch Skelton homelessness as part of a family, so IN THE COMMITTEE OF THE WHOLE Davis (CA) Maloney Slaughter many youth in homeless situations are Davis (IL) Markey Smith (WA) Accordingly, the House resolved on their own. These children are unac- Davis (TN) Marshall Snyder itself into the Committee of the Whole companied for reasons that are ex- DeFazio Matheson Solis House on the State of the Union for the DeGette Matsui Souder tremely diverse and usually heart- Delahunt McCarthy Spratt further consideration of the bill (H.R. breaking. In many cases they have run DeLauro McCollum (MN) Stark 609) to amend and extend the Higher Dicks McDermott away to escape physical or sexual Strickland Education Act of 1965, with Mr. abuse. Others have been abandoned by Dingell McGovern Stupak Doggett McIntyre CHOCOLA (Acting Chairman) in the Tanner their parents. Edwards McKinney Tauscher chair. Due to their severe poverty, these Emanuel McNulty Taylor (MS) The Clerk read the title of the bill. homeless students are extremely un- Engel Meehan Thompson (CA) Eshoo Meek (FL) The Acting CHAIRMAN. When the likely to be able to access post-sec- Thompson (MS) Etheridge Melancon Committee of the Whole rose on ondary education without Federal stu- Farr Michaud Tierney Wednesday, March 29, 2006, amendment Towns dent aid. But in order to determine stu- Fattah Millender- No. 3 printed in House Report 109–399 dent eligibility for aid, the FAFSA re- Filner McDonald Udall (CO) Ford Miller (NC) Udall (NM) by the gentleman from Indiana (Mr. quires them to provide financial infor- Frank (MA) Miller, George Van Hollen BURTON) had been disposed of and pro- mation and a signature from their par- Gerlach Moore (KS) Vela´ zquez ceedings pursuant to House Resolution Visclosky ent or guardian. Gonzalez Moore (WI) While these requirements are logical Gordon Moran (VA) Wasserman 741 had been completed. Green (WI) Murtha Schultz Pursuant to House Resolution 742, no for most applicants, they create insur- Green, Al Nadler Waters further general debate shall be in mountable barriers for unaccompanied Grijalva Napolitano Watt order. homeless youth. So the very children Gutierrez Neal (MA) Waxman who are most in need of financial as- Harman Oberstar Weiner Pursuant to House Resolution 742, no Hastings (FL) Olver Wexler further amendment is in order except sistance are the least likely to receive Herseth Ortiz Woolsey those printed in House Report 109–401. it. Higgins Owens Wu Each amendment may be offered only My amendment removes these bar- Hinchey Pallone Wynn in the order printed in the report, by a riers by allowing unaccompanied ANSWERED ‘‘PRESENT’’—7 Member designated in the report, shall homeless youth to be considered inde- Doyle Jones (OH) Roybal-Allard be considered read, shall be debatable pendent students. To ensure that there Green, Gene Mollohan for the time specified in the report, is no fraud or abuse, the living situa- Jones (NC) Paul equally divided and controlled by the tion of the student must be verified by NOT VOTING—16 proponent and an opponent, shall not one of the following individuals: a be subject to amendment, and shall not McKinney-Vento Act school district li- Brady (TX) Issa Oxley aison, a shelter director, or a financial Cardoza Jackson-Lee Rangel be subject to a demand for division of aid administrator. Clay (TX) Ruppersberger the question. Davis (FL) Meeks (NY) Sweeney This independent student status will Evans Miller (FL) Watson AMENDMENT NO. 1 OFFERED BY MRS. BIGGERT ensure that unaccompanied homeless Gilchrest Obey Mrs. BIGGERT. Mr. Chairman, I offer youth are not required to provide their an amendment. parental income information and pa- b 1208 The Acting CHAIRMAN. The Clerk rental signature, information they sim- will designate the amendment. So the motion to table was agreed to. ply do not have and cannot get. The The text of the amendment is as fol- amendment thus opens the doors of The result of the vote was announced lows: higher education to some of our Na- as above recorded. Amendment No. 1 printed in House Report tion’s most vulnerable youth. A motion to reconsider was laid on 109–401 offered by Mrs. BIGGERT: I should add, Mr. Chairman, that this the table. Page 230, after line 10, insert the following amendment was scored by the CBO as new subsection: having no budgetary impact. f (d) HOMELESS YOUTH.—Section 480(d) is fur- Mr. MCKEON. Mr. Chairman, will the ther amended— gentlewoman yield? (1) by redesignating paragraphs (6) and (7) PERSONAL EXPLANATION Mrs. BIGGERT. I yield to the gen- as paragraphs (7) and (8), respectively; and tleman from California. (2) by inserting after paragraph (5) the fol- Mr. SOUDER. Mr. Speaker, earlier today, I Mr. MCKEON. Mr. Chairman, I want lowing new paragraph: mistakenly cast my vote against tabling the ‘‘(6) has been verified as both a homeless to thank the gentlewoman, a good privileged motion offered by Minority Leader child or youth and an unaccompanied youth, member of her committee, for her NANCY PELOSI. In fact, I intended to vote in as such terms are defined in section 725 of work. I think this makes the bill bet- favor of tabling the motion and would like my the McKinney-Vento Homeless Assistance ter, and I hope all of our Members can intentions to be reflected in the RECORD. Act (42 U.S.C. 11434a), during the school year support this amendment.

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.009 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1336 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Mrs. BIGGERT. Mr. Chairman, I re- (2) QUALITY-EFFICIENCY TASK FORCES.— whether the institution has a 4-year, 2-year, serve the balance of my time. (A) REQUIRED.—Each institution subject to or less than 2-year program of instruction. Mr. KILDEE. Mr. Chairman, I claim paragraph (1) that has a college affordability (7) DATA REJECTION.—Nothing in this sub- the time in opposition, but I do not in- index that is in the highest 5 percent of such section shall be construed as allowing the indexes of all institutions subject to para- Secretary to reject the data submitted by an tend to oppose the amendment. graph (1) shall establish a quality-efficiency individual institution of higher education. The Acting CHAIRMAN. Without ob- task force to review the operations of such Page 37, after line 2, insert the following jection, the gentleman from Michigan institution. new subsection (and redesignate the suc- is recognized for 5 minutes. (B) MEMBERSHIP.—Such task force shall in- ceeding subsections accordingly): There was no objection. clude administrators and business and civic ‘‘(g) INFORMATION TO THE PUBLIC.—Upon re- Mr. KILDEE. Mr. Chairman, I yield leaders and may include faculty, students, ceipt of an institution’s report required to the gentleman from California. trustees, parents of students, and alumni of under subsection (f), the Secretary shall Mr. GEORGE MILLER of California. such institution. make the information in the report available (C) FUNCTIONS.—Such task force shall ana- to the public in accordance with subsection I thank the gentleman for yielding. (d) on the COOL website under subsection I, too, want to thank the gentle- lyze institutional operating costs in comparison with such costs at other institutions (b). woman for offering this amendment, within the class of institutions. Such anal- Page 262, beginning on line 19, strike para- and I would ask everybody to support ysis should identify areas where, in compari- graph (1) and redesignate the succeeding it. I thank her for all the work she does son with other institutions in such class, the paragraphs accordingly. on behalf of homeless youth. We appre- institution operates more expensively to The Acting CHAIRMAN. Pursuant to ciate it, and I am sure they do too. produce a similar result. Any identified House Resolution 742, the gentleman Mr. KILDEE. Mr. Chairman, this areas should then be targeted for in-depth from Texas (Mr. GOHMERT) and a Mem- amendment is certainly thoughtful, re- analysis for cost reduction opportunities. ber opposed each will control 5 min- alistic and sensitive, and I urge every- (D) REPORT.—The results of the analysis by utes. one to support it. a quality-efficiency task force under this paragraph shall be included in the report to The Chair recognizes the gentleman Mr. Chairman, I yield back the bal- the Secretary under paragraph (1). from Texas. ance of my time. (3) CONSEQUENCES FOR 2-YEAR CONTINUATION b 1215 Mrs. BIGGERT. Mr. Chairman, I OF FAILURE.—If the Secretary determines yield myself such time as I may con- that the institution has failed to reduce the Mr. GOHMERT. Mr. Chairman, I sume. Thank you all. I would like to college affordability index below 2.0 for such yield myself such time as I may con- thank in particular Chairman MCKEON 2 academic years, the Secretary shall place sume. and the ranking member, Mr. MILLER the institution on an affordability alert sta- This amendment seeks to cut down of California, for their support for tus and shall make the information regard- on Federal meddling with our colleges ing the institution’s failure available in ac- homeless education. Whether we are and universities. As Republicans, we cordance with subsection (d). have made a promise to the American talking about the No Child Left Behind (4) INFORMATION TO STATE AGENCIES.—Any Act or this legislation today, the Edu- institution that reports under paragraph people that we stand for less govern- cation and Workforce Committee mem- (1)(A) that an agency or instrumentality of ment, not more. Our preeminent sys- bers and staff have worked in a bipar- State government or other entity partici- tem of higher education is the last tisan way to address problems related pates in the determinations of tuition and thing that needs extensive Federal to the education of homeless children, fee increases shall, prior to submitting any oversight. We have seen what happened and I believe that we have made sig- information to the Secretary under this sub- to K–12 as the Federal Government section, submit such information to, and re- nificant progress. started meddling too much 30 years ago quest the comments and input of, such agen- in it, and we are only now starting to Mr. Chairman, I urge support of the cy, instrumentality, or entity. With respect amendment. to any such institution, the Secretary shall recover from Federal meddling 30 years Mr. Chairman, I yield back the bal- provide a copy of any communication by the ago. ance of my time. Secretary with that institution to such I do support the overall bill, and I The Acting CHAIRMAN. The ques- agency, instrumentality, or entity. would like to thank Chairman MCKEON tion is on the amendment offered by (5) EXEMPTIONS.— for working with me on the amend- the gentlewoman from Illinois (Mrs. (A) RELATIVE PRICE EXEMPTION.—The Sec- ment. He and his staff have been won- retary shall, for any 3-year interval for BIGGERT). derful to work with, and I thank them which college affordability indexes are com- for being so gracious. The amendment was agreed to. puted under paragraph (1), determine and But this amendment would strike AMENDMENT NO. 2 OFFERED BY MR. GOHMERT publish the dollar amount that, for each Mr. GOHMERT. Mr. Chairman, I offer class of institution described in paragraph (6) certain reporting requirements for col- an amendment. represents the maximum tuition and fees leges and universities within section The Acting CHAIRMAN. The Clerk charged for a full-time undergraduate stu- 131(f). Cutting down on some red tape dent in the least costly quartile of institu- will designate the amendment. will allow these schools to focus on tions within each such class during the last educating their students first. The text of the amendment is as fol- year of such 3-year interval. An institution lows: This amendment also strikes section that has a college affordability index com- 495(a)(1) that would allow States to puted under paragraph (1) that exceeds 2.0 Amendment No. 2 printed in House Report apply to the Secretary of Education to 109–401 offered by Mr. GOHMERT: for any such 3-year interval, but that, on av- Page 31, beginning on line 20, strike sub- erage during such 3-year interval, charges become recognized accreditors. It just section (f) and insert the following: less than such maximum tuition and fees looked like that created more Federal (f) OUTCOMES AND ACTIONS.— shall not be subject to the actions required bureaucracy, more State bureaucracy, (1) RESPONSE FROM INSTITUTION.—Effective by paragraph (3), unless such institution, for and we have the best university system on June 30, 2010, an institution that has a a subsequent 3-year interval, charges more in the world. It is too expensive. It has college affordability index that exceeds 2.0 than such maximum tuition and fees. gotten expensive so fast, and with two for any 3-year interval ending on or after (B) DOLLAR INCREASE EXEMPTION.—An in- kids in college, I certainly am very that date shall provide a report to the Sec- stitution that has a college affordability retary, in such a form, at such time, and con- index computed under paragraph (1) that ex- sensitive to that. taining such information as the Secretary ceeds 2.0 for any 3-year interval, but that ex- So I applaud the chairman’s efforts may require. Such report shall include— ceeds such 2.0 by a dollar amount that is less in his bill to assist in bringing those (A) a description of the factors contrib- than $500, shall not be subject to the actions down, but I have concerns about some uting to the increase in the institution’s required by paragraph (3), unless such insti- of these other provisions. costs and in the tuition and fees charged to tution has a college affordability index for a Mr. Chairman, I yield 2 minutes to students; and subsequent 3-year interval that exceeds 2.0 the gentleman from Pennsylvania (Mr. (B) if determinations of tuition and fee in- by more than such dollar amount. DENT), my friend. creases are not within the exclusive control (6) CLASSES OF INSTITUTIONS.—For purposes Mr. DENT. Mr. Chairman, I, too, ap- of the institution, a description of the agen- of this subsection, the classes of institutions cy or instrumentality of State government shall be those sectors used by the Integrated plaud Representative GOHMERT for this or other entity that participates in such de- Postsecondary Education Data System, amendment. This amendment does rec- terminations and the authority exercised by based on whether the institution is public, ognize that the American system of such agency, instrumentality, or entity. nonprofit private, or for-profit private, and higher education is truly the envy of

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.021 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1337 the world, and just as importantly, it ment later today. I have a letter here ‘‘(A) is part of or occurs after completion recognizes the role our independent from NAICU, the National Association of an accredited graduate program in the colleges and universities play in that of Independent Colleges and Univer- United States for training mental health overall system. sities, who have been vigorously oppos- service professionals; Specifically, this amendment ad- ‘‘(B) consists of at least 500 hours of training the bill, and because of your ing or clinical experience in treating chil- dresses the primary concerns of so amendment and Mr. SOUDER’s amend- dren or adolescents; and many of the private and independent ment, they have written us today that ‘‘(C) is comprehensive, coordinated, devel- colleges about what they have seen as they are withdrawing their opposition opmentally appropriate, and of high quality a genuine threat to their independence to the bill on the House floor and I ap- to address the unique ethnic and cultural di- and their ability to fulfill their diverse preciate that, and I appreciate all the versity of the United States population. missions. work that Mr. GOHMERT has done on The Acting CHAIRMAN. Pursuant to I, like many others in this chamber, this bill. House Resolution 742, the gentleman have spoken with a number of the Mr. KILDEE. Mr. Chairman, I would from Rhode Island (Mr. KENNEDY) and a presidents in my district and under- like to claim the time in opposition, Member opposed each will control 5 stand how deeply they feel about un- although I do not oppose it. minutes. dertaking their responsibilities to The Acting CHAIRMAN (Mr. their students without excessive and The Chair recognizes the gentleman CHOCOLA). Without objection, the gen- from Rhode Island. inappropriate Federal or State inter- tleman is recognized. ference. There was no objection. Mr. KENNEDY of Rhode Island. Mr. And for this reason, I offer my sup- Mr. KILDEE. Mr. Chairman, I yield Chairman, I yield 5 minutes to myself. port for the Gohmert amendment myself such time as I may consume. Mr. Chairman, Marley Prunty-Lara which removes Federal intervention Mr. Chairman, I would like to thank is here today in the gallery. She is an mechanisms while pushing schools to the gentleman from Texas for offering articulate young woman living with bi- voluntarily rein in costs, and that is this amendment. It is a step in the polar disorder, and she is a suicide at- all included in this legislation. It also right direction on some of the provi- tempt survivor. further eliminates the authority for sions that I expressed concern over yes- She is in town because she was here States to become accreditors. terday, and I have no objection to its to testify yesterday about her struggle The other good thing about this adoption, urge its adoption. with bipolar disorder, being forced to amendment is disclosures are still in Mr. Chairman, I yield back the bal- drop out of school and ultimately at- the bill, but the price controls essen- ance of my time. tempting to take her own life. tially are out. The Acting CHAIRMAN. The ques- Marley’s family attempted to find a In terms of States as accreditors, the tion is on the amendment offered by psychiatrist in South Dakota to treat concern would be that any State higher the gentleman from Texas (Mr. her, but they were told that they would education bureaucracy that wants to GOHMERT). have to wait over 4 months to get an control the State’s private and inde- The question was taken; and the Act- initial appointment. Because her moth- pendent colleges can simply require ing Chairman announced that the ayes er’s insurance would not cover residen- State accreditation, giving the State appeared to have it. tial treatment and they were so des- control over its curriculum and mis- Mr. GOHMERT. Mr. Chairman, I de- perate to find care, they took out a sion. Although the intent of the provi- mand a recorded vote. second mortgage on their house, and sion is to offer more options to the in- The Acting CHAIRMAN. Pursuant to they drove over 350 miles to another stitutions, the opposite may well clause 6 of rule XVIII, further pro- State to get Marley the life-saving care occur. There is no way to anticipate all ceedings on the amendment offered by that she needed. the ways in which a State might seek the gentleman from Texas will be post- to control private institutions using its poned. Mr. Chairman, Marley’s story is all accreditation powers as leverage. AMENDMENT NO. 3 OFFERED BY MR. KENNEDY OF too common. There are just not enough For all those reasons, I strongly sup- RHODE ISLAND trained professionals to treat the men- port Mr. GOHMERT’s amendment and Mr. KENNEDY of Rhode Island. Mr. tal health needs of our children. Sur- thank Chairman MCKEON for his will- Chairman, I offer an amendment. geon General Carmona has said so. The ingness to work with us on this matter. The Acting CHAIRMAN. The Clerk President’s New Freedom Commission Mr. GOHMERT. Mr. Chairman, I will designate the amendment. has said so. yield myself such time as I may con- The text of the amendment is as fol- For the past three Congresses, my sume. lows: good friend from Florida Ms. ROS- I thank the gentleman from Pennsyl- Amendment No. 3 printed in House Report LEHTINEN and I have introduced legis- vania for those kind comments. At this 109–401 offered by Mr. KENNEDY of Rhode Is- lation aimed at alleviating the short- time, I would like to thank the chair- land: age of child and adolescent mental man for reaching out to me, and I also Page 189, line 13, redesignate subparagraph health providers in this country. (I) as subparagraph (J), and before such sub- want to thank all of the institutions of paragraph insert the following new subpara- While this amendment does not cover higher learning in the districts. We graph: everything included in the previous have heard from so many of them. ‘‘(I) CHILD OR ADOLESCENT MENTAL HEALTH three bills, it is a start. They have been so helpful, and I just PROFESSIONALS.—An individual who is em- Within the College Access and Oppor- appreciate that that is what makes for ployed as child or adolescent mental health tunity Act of 2005, there is a section better government. professional and is currently providing a ma- that provides student loan forgiveness jority of their clinical services to children or I do applaud the chairman’s efforts to for service in areas of national need. stem the tide of vast increases over the adolescents. Page 194, after line 14, insert the following Mr. Speaker, this is an area of national last 30 years in the cost of education, new paragraphs: need. and this amendment and the provisions ‘‘(8) CHILD OR ADOLESCENT MENTAL HEALTH For many families in this Nation, as that it deals with, I think it does cre- PROFESSIONAL.—The term ‘child or adoles- Marley can readily attest, there is no ate a bill that will be a significant help cent mental health professional’ means an higher need than the need for urgent to America in higher education. individual who is employed as a psychiatrist, Mr. Chairman, I yield such time as he psychologist, school psychologist, psy- mental health care for our children. may consume to the gentleman from chiatric nurse, social worker, school social Our amendment would simply add California (Mr. MCKEON) my chairman. worker, marriage and family therapist, child and adolescent mental health Mr. MCKEON. Mr. Chairman, I thank school counselor, or professional counselor professionals to the list of high need the gentleman for yielding, and I want and holds an advanced degree in one of the professionals eligible for loan forgive- above areas with specialized training in child ness. to thank Mr. GOHMERT from Texas for or adolescent mental health. the great work that he has done on im- ‘‘(9) SPECIALIZED TRAINING IN CHILD OR ADO- Millions of American families need proving this bill. LESCENT MENTAL HEALTH.—The term ‘special- hope. Millions of them need help. The It is very important that this amend- ized training in child or adolescent mental number of suicides are twice the rate of ment passes and Mr. SOUDER’s amend- health’ means training that homicides in this country; 36,000 people

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.024 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1338 CONGRESSIONAL RECORD — HOUSE March 30, 2006 take their lives every year success- concerns and these problems that (b) REPORTS ON ADMISSIONS PROCESS RE- fully. Every day in this country, 1,385 young people have is just absolutely QUIRED.— people attempt suicide. It is the third important. (1) REPORT REQUIRED.—Every academic leading cause of death for young peo- The idea of making these providers year, each institution of higher education ple. eligible for loan forgiveness is a service that receives funds from the Federal Govern- ment shall provide to the Office for Civil Mr. Speaker, this is a problem that to our community, and I am sure that Rights of the Department of Education a re- needs addressing, and we need the num- the House will support this amend- port regarding its students admissions proc- ber of providers out there to make sure ment. ess, and the report shall be made publicly it gets the attention it deserves. Mr. KENNEDY of Rhode Island. Mr. available. This year alone, 1,400 college stu- Chairman, I thank the gentleman, and (2) DISCLOSURE OF CONSIDERATION OF RACE, dents will successfully take their lives. I thank Marley for her courage and her COLOR, OR NATIONAL ORIGIN.— Mr. Speaker, we need to make sure witness here today. (A) DISCLOSURE.—The report required by that we have adequate personnel to ANNOUNCEMENT BY THE ACTING CHAIRMAN this section shall begin with a statement of make sure that the services are deliv- The Acting CHAIRMAN. The Chair whether race, color, or national origin is ered, and the services will never be de- given any weight in the student admissions would remind Members that it is not in process. livered unless there are enough people order to refer to the presence of per- (B) DEPARTMENTAL DISCLOSURES.—If dif- to deliver them. sons in the gallery. ferent departments within the institution That is why this legislation is in Who seeks time in opposition? have separate admission processes and any of order. That is why I would ask my col- Mr. MCKEON. Mr. Chairman, I will those departments give any weight to race, leagues to support it, and I thank you claim the time in opposition; although color, and national origin, then the report for the time in consideration of this I do not intend to oppose the bill. shall provide the information required by amendment. I want to thank the gentleman from subparagraph (A) of this paragraph and para- Mr. GEORGE MILLER of California. Rhode Island and the gentlewoman graph (3) for each department separately. (3) ADDITIONAL DISCLOSURES.—If the disclo- from Florida (Ms. ROS-LEHTINEN) for Mr. Chairman, will the gentleman sure required by paragraph (2) states that yield? their efforts on this amendment, and race, color, or national origin is given weight Mr. KENNEDY of Rhode Island. I again, I think it strengthens the bill, in the student admission process, then the yield to the gentleman from California. and I thank them for this and encour- report under this section shall also provide Mr. GEORGE MILLER of California. age support of the amendment. the following information: Mr. Chairman, I thank the gentleman The Acting CHAIRMAN. The ques- (A) The racial, color, and national origin for offering this amendment. He and tion is on the amendment offered by groups for which membership is considered a Ms. ROS-LEHTINEN address some very, the gentleman from Rhode Island (Mr. plus factor or a minus factor and, in addition, how membership in a group is deter- very important problems of making KENNEDY). The question was taken; and the Act- mined for individual students. sure we have adequate providers within (B) A description of how group membership the community for people with mental ing Chairman announced that the ayes is considered, including the weight given to illness, and I would hope that every- appeared to have it. such consideration and whether targets, body would support this amendment. Mr. KENNEDY of Rhode Island. Mr. goals, or quotas are used. Mr. KENNEDY of Rhode Island. Re- Chairman, I demand a recorded vote to (C) A statement of why group membership claiming my time, I would just like to demonstrate this House’s support for is given weight, including the determination point out to the gentleman from Cali- mental health services in this country. of the desired level claimed and, with respect fornia, there may be questions, what is The Acting CHAIRMAN. Pursuant to to the diversity rationale, its relationship to this going to cost? The question is, clause 6 of rule XVIII, further pro- the particular institution’s educational mis- ceedings on the amendment offered by sion. what is it going to cost us not to do (D) A description of the consideration that this? the gentleman from Rhode Island will has been given to racially neutral alter- Let me give you some statistics. be postponed. natives as a means for achieving the same Two-thirds of those in juvenile deten- AMENDMENT NO. 4 OFFERED BY MR. KING OF goals for which group membership is consid- tion facilities are being held there sim- IOWA ered. ply because they cannot get a mental Mr. KING of Iowa. Mr. Chairman, I (E) A description of how frequently the health appointment because there is no offer an amendment. need to give weight to group membership is one to provide an assessment of them, The Acting CHAIRMAN. The Clerk reassessed and how that reassessment is con- will designate the amendment. ducted. two-thirds. Any of my colleagues that (F) A statement of the factors other than are interested, I encourage them to go The text of the amendment is as follows: race, color, or national origin that are col- out to Oak Hill here in the District of lected in the admissions process. Where Columbia and see for yourself 11- and Amendment No. 4 printed in House Report those factors include grades or class rank in 12-year-olds behind bars because their 109–401 offered by Mr. KING of Iowa: high school, scores on standardized tests (in- At the end of part B of title IX of the cluding the ACT and SAT), legacy status, parents cannot handle their mental ill- Amendment add the following new section: ness. They have no other choice but to sex, State residency, economic status, or call the police and get their children SEC. lll. RACIAL AND ETHNIC PREFERENCES. other quantifiable criteria, then all raw ad- (a) FINDINGS.—The Congress finds the fol- missions data for applicants regarding these held in detention because there is noth- lowing: factors, along with each individual appli- ing else for them to do. (1) Title VI of the Civil Rights Act of 1964 cant’s race, color, and national origin and Mr. GEORGE MILLER of California. forbids discrimination on the basis of race, the admissions decision made by the school Mr. Chairman, if the gentleman would color, or national origin by Federally-funded regarding that applicant, shall accompany further yield, they could go to their institutions, which includes nearly all col- the report in computer-readable form, with own districts. This is common across leges and universities. the name of the individual student redacted the country. Young people are being (2) The United States Supreme Court has but with appropriate links, so that it is pos- held in locked detention because of the recently set out limitations on such consid- sible for the Office for Civil Rights or other erations of race, color, and national origin. interested persons to determine through sta- simple fact that we cannot get a diag- (3) In order to ensure that these limita- tistical analysis the weight being given to nosis. We cannot put together a treat- tions are followed, schools must make public race, color, and national origin, relative to ment plan because they are on a wait- their use of race, color, and national origin, other factors. ing list for the services. They do not for admissions decisions so that Federal and (G) An analysis, and also the underlying get services. In many cases, those serv- State enforcement agencies and interested data needed to perform an analysis, of ices have been ordered, but they do not persons can monitor the schools. whether there is a correlation— get them. They get a waiting list, and (4) Citizens and taxpayers have a right to (i) between membership in a group favored you are right, then we pay this exorbi- know whether Federally-funded institutions on account of race, color, or national origin of higher education are treating student ap- and the likelihood of enrollment in a remedi- tant cost to keep them in there, but plications differently depending on the stu- ation program, relative to membership in more importantly, denying them the dent’s race, color, or national origin, and, if other groups; treatment that they need. so, the way in which these factors are (ii) between such membership and gradua- So, increasing the number of pro- weighted and the consequences to students tion rates, relative to membership in other viders so that we can address these and prospective students of these decisions. groups; and

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.027 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1339 (iii) between such membership and the b 1230 Mr. Chairman, I yield to Mr. KILDEE. likelihood of defaulting on education loans, And, in conclusion, an analysis of Mr. KILDEE. I thank the gentleman relative to membership in other groups. for yielding. (4) RULE OF CONSTRUCTION.—Nothing in this their respective progress of appoint- ments under these programs? Mr. Chairman, I really think this Act shall be construed to allow or permit would lead to a violation of privacy preference or discrimination on the basis of So this gets the information back to race, color, or national origin. Congress so we can better evaluate, and have a chilling effect upon that and it also helps the institutions of which the Supreme Court has per- The Acting CHAIRMAN. Pursuant to higher learning comply with the Su- mitted in the case against Bollinger House Resolution 742, the gentleman preme Court decision. So I urge sup- from the University of Michigan where from Iowa (Mr. KING) and the gen- port for this. I attended. tleman from California (Mr. GEORGE Mr. Chairman, I reserve the balance It was a very narrow decision of the MILLER) each will control 5 minutes. of my time. Supreme Court. I and my two sons at- The Chair recognizes the gentleman Mr. GEORGE MILLER of California. tended the University of Michigan; and from Iowa. Mr. Chairman and Members of the we, as members of the majority, bene- House, I oppose this amendment and I Mr. KING of Iowa. Mr. Chairman, I fited from a very sensitive, sensitivity hope most of the Members of the House yield myself such time as I may con- to minorities. We benefited from that will also oppose this amendment. The sume. because we had a larger universe in issues that are called into question in which to study. So we gained from the While the Supreme Court has ruled this amendment, the use of, the gen- fact that we were broadened out by the that using racial and ethnic pref- tleman said preferences, but of any fact that there was a certain sensi- erences in higher education admission data, any factors in deciding the make- tivity towards minorities, very nar- policies are sometimes permissible up of a university student body has al- rowly construed now by the Supreme under present law, it has also estab- ready been decided by the Supreme Court. lished limits for such policies. For ex- Court. So I think it is a win-win situation. ample, Court decisions have asserted The fact of the matter is that quotas We should leave it alone. The Supreme that admissions policies using racial are unlawful, but universities have a Court has made its decision. It is very preferences must be narrowly tailored right to a diverse student population, clear that colleges are following this, to further a compelling interest and and they are allowed to use a diverse and I think to have all this reporting that these policies cannot involve the range of factors in compiling that uni- serves no useful purpose and would use of quotas. versity. I believe that the King amend- also, I think, lead to a violation of pri- The Court’s also ruled that schools ment goes beyond that decision, and vacy and would, because of the report- using racial preferences in admissions the amendment also does not provide ing, even have a chilling effect upon for the protection of student privacy. must consider race neutral alternatives the use of this. and to limit it in time, for example, In fact, it does just the opposite of Mr. GEORGE MILLER of California. Justice O’Connor’s remarks to revisit that. Mr. Chairman, I reserve the balance of The fact of the matter is this infor- the decision in Michigan cases in per- my time. mation is already available to those haps 25 years. Mr. KING of Iowa. May I inquire as parties who are interested. They can to how much time I have remaining. My amendment would require all in- get it through the Freedom of Informa- The Acting CHAIRMAN (Mr. stitutions of higher education who re- tion Act or the universities, obviously. CHOCOLA). The gentleman has 21⁄2 min- ceive Federal funding to fully disclose At least in our State, they are continu- utes remaining. details regarding their admissions poli- ously discussing operating and chang- Mr. KING of Iowa. Thank you, Mr. cies. This information would be re- ing and reviewing their admissions pol- Chairman. ported annually to the Department of icy because they are in constant deter- It seems to be the core of the rebut- Education’s Office of Civil Rights. mination of trying to provide diverse tal argument we heard here is that this opportunities to a diverse population of It has several reasons why we should is a violation of student privacy and pass this amendment, Mr. Chairman, qualified students. I would hope that we would reject that we would be somehow looking into and the first one is to ensure lawful ad- records that are confidential. I would mission policies are complied with by this amendment. It is interesting that we just had an amendment we adopted direct the gentlemen who made those our institutes of higher learning who statements to page 4 of my amend- are receiving the Federal funds and to reduce paperwork, and now we are going to put on a whole new set of re- ment, lines 18 and 19, where it says that there are informed choices out with the name of the individual stu- there for the students as they apply to quirements of annual reports and different kinds of data and how it has to dent redacted but with appropriate the various students, and as there are links so it is possible for the Office of students who are beneficiaries of af- be collected and weighed and all the rest of it, with no showing that it has Civil Rights to determine the overall firmative action programs, they need statistical data, but not have any indi- to have some sense of the performance been improperly done or anything wrong has happened. We are just going vidual student data. It is specifically expectations of those who have gone redacted in my bill. before them and benefited from affirm- to load down the universities. Mr. MCKEON has an effort where he is I think it is appropriate and nec- ative action programs. trying to reduce the cost of higher edu- essary for this Congress to review So what my amendment does is re- cation by making sure universities are where our money is being spent and to quires each institute of higher learning not engaged in those practices that are see what kind of results we are getting who uses Federal funds to report their not necessary and that drive up the from all of our institutions, and also to policy. If they do not use preferences, cost. And this comes along, outside of ensure that they are complying with they simply write a letter that says we the Supreme Court decisions, outside the Supreme Court decision. do not use preferences. If they do use the current practices of universities I have laid this out as three points preferences, then they need to list a and suggests that somehow they should that are important: lawful, conforming number of things, such as, are the pref- just continue to develop this informa- with the Supreme Court decisions that erences weighted? Did they use target tion with no showing or grievance. are on the two Michigan cases; and in- goals or quotas? What was the purpose If a person has a grievance or show- formed choices for students so that of their policies? And could they evalu- ing, or people are interested from an they can evaluate when they go to an ate a racially neutral policy effective- academic point of view, from a social institution. ness as to opposed to one that is not ra- policy point of view, or from any point This information is not available, cially neutral, a list of factors other of view, the fact of the matter is that Mr. Chairman. I don’t know how any than race, color or national origin that the information is currently available. student would ever have access. And they might use such as test scores, sex, I would hope that we would reject this looking at how difficult it was to get legacy status, residency, et cetera, Mr. amendment when it comes to a vote in some empirical data just out of Michi- Chairman? the House. gan on the way to the Supreme Court,

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.013 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1340 CONGRESSIONAL RECORD — HOUSE March 30, 2006 there is no way a high school junior or sion programs within our institutions rowly tailored manner that was upheld by the senior could ever have enough access to of higher learning, and I urge support Supreme Court in the University of Michigan make an informed decision without for my amendment. cases. these kinds of reports. Mr. SCOTT of Virginia. Mr. Chairman, the In Gratz and Grutter, the Court explicitly Then, of course, if a student is going Supreme Court has repeatedly recognized that found that universities may constitutionally to be the beneficiary of an affirmative the primary academic freedom enjoyed by a consider race and ethnicity, among other fac- action program, wouldn’t they want to university is the freedom to choose whom to tors, to promote the educational benefits of a know what kind of results there were admit. Most recently, this principle was re- diverse student body. However, even with this for those who have gone before them? affirmed in the 2003 decisions in Grutter v. ruling by the Court, the chilling factor on le- Do they have a prospect of graduating? Bollinger and Gratz v. Bollinger. The Supreme gally permissible policies and programs is very Do they have a prospect of a job after- Court has also recognized that, in exercising real. This month, the New York Times rewards? What is the future for them, or this academic freedom, universities may con- ported that hundreds of universities had modi- should they maybe take a path that is stitutionally consider race and ethnicity, among fied or given up programs created to promote not quite so difficult? All of this is rea- other factors, to promote the educational ben- educational opportunity for minorities in the sonable and it is logical. efits of a diverse student body. At the same face of pressure from Washington and further And the paperwork, if a university is time, universities must regularly review their litigation. As one Dean commented in the not using an affirmative action pref- admissions policies to ensure that they con- story, the question was how far these pro- erence program, they simply send a let- sider individual admissions factors only as grams could be stretched by these pressures ter that says we don’t do that. But if needed to promote their institutional mission. before gains were put at risk. they do use the information, if they do The King amendment tramples academic The chilling effect on university policy is use it as criteria for admissions, then freedom and chills universities’ willingness to made even worse by the fact that the amend- they simply file a report. Any institu- consider diversity factors even in the narrowly ment completely misapprehends the role that tion should know this information as a tailored manner that the Supreme Court has diversity factors play in the admission process. matter of their professionalism. Shar- upheld. It creates a burdensome reporting re- The proposed amendment would require uni- ing it with Congress is not a burden. quirement that acts as a disincentive for universities annually to report the weight given to Mr. Chairman, I reserve the balance versities to exercise their academic freedom each factor—including race, ethnicity, national of my time. as permitted by the Court. Furthermore, over origin, gender, grades, high school class rank, Mr. GEORGE MILLER of California. reliance on admissions criteria such as stand- standardized test scores, and so forth—con- Mr. Chairman, I would just say it is an ardized tests, which have been found to be sidered in the admissions process. As the Supreme Court explained in Grutter interesting academic study, and I am culturally biased, may also get caught up in and Gratz, however, admissions factor must sure some of the information would be the King amendment. of interest to people, but why don’t you The King amendment also jeopardizes the be considered in an individualized, holistic just have the Department of Education privacy and confidentiality of individual student manner and the weight given to each factor periodically sort of select some univer- applicants. Educational institutions are prohib- will necessarily vary across applications. Con- sities and test it, rather than putting ited by law from disclosing personally identifi- sequently, a factor that was important (or even the burden on every university, wheth- able information from students’ education perhaps decisive) with respect to one applica- er large or small, rich or poor, private records without consent. In fact, even release tion may have little weight with respect to an- or public that has to submit this infor- of information for educational research pur- other application. As a result, it is impossible for a university mation on an annual basis where in poses is permitted only if the information is re- to state definitively and universally the weight fact there may not have been any com- leased in such a way that student identities given to race or to any particular admissions plaints or there is support for that pol- are not traceable, The King amendment factor. In fact, to do so would violate the icy, if it has been publicly reviewed or would, in contradiction of this law, require re- Court’s rulings, which expressly require flexi- however they handle it. lease of raw admissions data for applicants in bility in any governmental consideration of The suggestion here that every uni- a manner that would not ensure applicant con- versity would have to go through this race or ethnicity. fidentiality. Moreover, the proposed amendment con- process is just kind of a mindless Fed- The King amendment incorrectly assumes templates only quantifiable admissions factors, eral Government approach to imposing that there is a weight given to each admis- and neglects the role of essays, personal these burdens on people without con- sions factor by universities. However, as the statements, counsel recommendations, and sideration of the cost, the need, the re- Supreme Court explained in Gratz and other qualitative factors in the admissions sults, or any of the rest of it. I thought Grutter, admissions factors must be consid- process. we were getting away from that policy. ered in an individualized holistic manner and When amendments like this come forward, I Talk about one-size-fits-all; here is therefore weight will necessarily vary from one believe that we should reflect on the path to one-size-fits-all. And when they say, application to the next. equality. It was only 40 years ago that the well, we don’t do that, who is going to Finally, the King amendment is opposed by Federal Government had to send troops into check that that is really true? Yet you the National Association for College Admission Little Rock to permit African-American children start this whole process. Counseling, the American Federation of to attend Central High School. The Supreme And I would say, by the way, that the Teachers, the National Education Association Court took this into account in reaching its names aren’t redacted. The Social Se- and the American Council on Education. Grutter and Gratz conclusions and made its curity numbers are not redacted. Mr. Chairman, Congress should not trample rulings. It’s now time for Washington to step Mr. KING of Iowa. May I inquire as on the rights of universities to exercise aca- back and let our universities focus on edu- to how much time I have remaining. demic freedom. Nor should we pass an The Acting CHAIRMAN. The gen- cation, instead of litigation and regulation. amendment that would violate student privacy I urge a strong ‘‘no’’ vote. tleman has 30 seconds remaining. rights. I urge my colleagues to oppose this Mr. KING of Iowa. Mr. Chairman, I Mr. KING of Iowa. Thank you, Mr. amendment. yield back the balance of my time. Chairman. Mr. CONYERS. Mr. Chairman, I rise in op- The Acting CHAIRMAN. All time for I would point out, again, this infor- position to the amendment proposed by Mr. debate has expired. mation is information that any institu- KING of Iowa. In my state of Michigan, we are The question is on the amendment tion of higher learning should be inter- currently fighting a deceptive ballot initiative offered by the gentleman from Iowa ested in compiling to determine the ef- that would undermine the progress which has (Mr. KING). fectiveness of their policy. We help been made to attain educational equality. Like The question was taken; and the Act- them along with this process and ask that ballot measure, I believe that the King ing Chairman announced that the ayes to share in that process with them. amendment is yet another deceptive attack on appeared to have it. Additionally, Justice O’Connor’s de- affirmative action. Mr. GEORGE MILLER of California. cision said perhaps we should revisit While the amendment looks like a mere re- Mr. Chairman, I demand a recorded this in 25 years. If we can compile this porting requirement, its true purpose is to chill vote. data for 25 years, perhaps the Supreme the willingness of universities to consider di- The Acting CHAIRMAN. Pursuant to Court can make an informed decision versity factors—including not only race and clause 6 of rule XVIII, further pro- on affirmative action preference admis- ethnicity, but also gender—even in the nar- ceedings on the amendment offered by

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.033 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1341 the gentleman from Iowa will be post- to oppose the amendment. I just want AMENDMENT NO. 6 OFFERED BY MR. SOUDER poned. to thank the gentleman from Wash- Mr. SOUDER. Mr. Chairman, I offer AMENDMENT NO. 5 OFFERED BY MR. LARSEN OF ington and Mr. KIRK from Illinois for an amendment. WASHINGTON their work on this project. The Acting CHAIRMAN. The Clerk Mr. LARSEN of Washington. Mr. I had the opportunity to lead a con- will designate the amendment. Chairman, I offer an amendment. gressional delegation to China last The text of the amendment is as fol- The Acting CHAIRMAN. The Clerk year, and I think it is very important lows: will designate the amendment. that we stress the importance of learn- Amendment No. 6 printed in House Report The text of the amendment is as fol- ing other languages so that we can 109–401 offered by Mr. SOUDER: lows: communicate and do a better job of Page 267, beginning on line 14, strike para- Amendment No. 5 printed in House Report competing around the world, and so I graph (8) and insert the following: 109–401 offered by Mr. LARSEN of Washington: encourage support of the amendment. ‘‘(8) confirms as a part of its review for ac- At the end of section 601 add the following creditation or reaccreditation that the insti- new subsection: Mr. Chairman, I yield back the bal- tution has transfer policies that are publicly (k) SENSE OF THE CONGRESS.—It is the ance of my time. disclosed and specifically state whether the sense of the Congress that due to the diplo- Mr. LARSEN of Washington. Mr. institution denies a transfer of credit based matic, economic, and military importance of Chairman, I yield such time as he may solely on the accreditation of the institution China and the Middle East, international ex- consume to the gentleman from Illi- at which the credit was earned; change and foreign language education pro- nois (Mr. KIRK). The Acting CHAIRMAN. Pursuant to grams under the Higher Education Act of Mr. KIRK. Mr. Chairman, I thank my 1965 should focus on the learning of Chinese House Resolution 742, the gentleman and Arabic language and culture. partner, co-chair of the U.S.-China from Indiana (Mr. SOUDER) and a Mem- Working Group, on this amendment. The Acting CHAIRMAN. Pursuant to ber opposed each will control 5 min- I had the honor of serving on the House Resolution 742, the gentleman utes. Paul Simon Exchange Commission for from Washington (Mr. LARSEN), as the The Chair recognizes the gentleman the United States to look at his vision designee of the gentleman from Illinois from Indiana. of having a million Americans study (Mr. KIRK), and a Member opposed each 1245 abroad. That is a very important goal, b will control 5 minutes. Mr. SOUDER. Mr. Chairman, I yield The Chair recognizes the gentleman very worthwhile because of America’s position in the world. myself 2 minutes. from Washington. Today I am offering an amendment Mr. LARSEN of Washington. Mr. But, quite frankly, I think there are with the gentleman from New York Chairman, I yield myself such time as two language groups vital to the future (Mr. BISHOP) that will ensure students I may consume, and I rise today to security, to the economy, and to the have greater access to information offer the Kirk-Larsen amendment to diplomacy of the United States, and about a university’s transfer-of-credit articulate our Nation’s need to pro- that is Arabic and Chinese. This policies without placing new burden- mote Chinese and Arabic cultural ex- amendment highlights that priority for some mandates on the institutions change and language education. I want the United States, for our future. themselves. to thank my fellow co-chair of the Obviously, we know with the global war on terror the importance of the I would like to thank the chairman U.S.-China Working Group, Mr. KIRK of of the Education and Workforce Com- Illinois, on his work in drafting this command of the Arabic language. But mittee, Chairman MCKEON, for working important amendment. we also see China rising and projected Today’s global landscape is increas- by the IMF on 19th Street here in with me and Mr. BISHOP over the last ingly interconnected. China and the Washington, D.C. to be the second larg- day on a compromise that I believe ac- Middle East play critical roles towards est economy on Earth. And it makes complishes our shared goal of greater international peace and security. Our sense for the United States to place its transparency with regard to an institu- ability to effectively engage China and highest diplomatic priority on relation’s transfer of credit policies. If a the Arab world rests on shared eco- tions with the number two economy of student plans on transferring from a nomic and political interests and mu- the 21st century, which is China. community college to a 4-year institu- tual understanding. Currently, we have reports that there tion or from a proprietary school to a From 1998 to 2002, foreign language are over 200 million people in China community college, they should know enrollment in United States colleges who are or have studied English, but in before they apply which of their credits and universities increased by 20 per- the United States the total number of will transfer. cent for Chinese and 92.3 percent for Americans who are studying or have The Souder-Bishop amendment will Arabic. By comparison, the learning of studied Chinese number just 28,000. We strengthen language in the underlying more traditional languages, such as need to redress that balance to make bill to ensure that all institutions of French and German, grew by under 3 sure that we have a full engagement higher education publicly disclosed percent. with China, with her rising economy, whether or not they deny credits based Our schools and universities are al- with her very important diplomacy on the accreditation of the institution ready leading the movement towards with regard to North Korea, Iran, et where the credits were earned. Chinese and Arabic language. Congress cetera, and obviously with military de- We do not mandate the kind of policy must build on this infrastructure and velopments there. a school must have; we just require support the education of future dip- So I thank the chairman for his sup- greater transparency. lomats, business professionals, and port, and I commend my co-chair of the On principle, I believe it is not the teachers who are proficient in Arabic U.S.-China Working Group, because I role of the Federal Government to dic- and Chinese. We must answer the call think in the necessary funding of ex- tate what kind of transfer or credit for an increased American competitive- changes we should place a priority on policy an institution must have. In the ness and national security, and in to- these two language groups. interest of academic integrity, every day’s world we cannot answer that call Mr. LARSEN of Washington. Mr. college and university should be able to just in English. Chairman, I also want to thank the ensure that every graduate receiving a So I urge my colleagues to vote chairman and the ranking member of diploma from their institution has ‘‘yes’’ on this amendment, which is the committee for their help and sup- completed all of the required courses merely a sense of Congress amendment port on this. for a particular program at the level of to promote language education in Ara- Mr. Chairman, I yield back the bal- rigor expected by that university. bic and Chinese. ance of my time. If a university decides that the best Mr. Chairman, I reserve the balance The Acting CHAIRMAN. All time for way it can ensure an appropriate level of my time. debate has expired. of academic rigor is to only accept The Acting CHAIRMAN. Does anyone The question is on the amendment credits from certain kinds of institu- seek time in opposition? offered by the gentleman from Wash- tions, it should be that school’s prerog- Mr. MCKEON. Mr. Chairman, I claim ington (Mr. LARSEN). ative to do so. The alternative for the time in opposition, but I don’t plan The amendment was agreed to. many schools would be costly and

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Transfer credit This Act may be cited as the ‘‘Reverse the I want to make it clear that this decisions are academic decisions, not Raid on Student Aid Act of 2006’’. amendment is meant in no way to di- administrative decisions, and in prin- SEC. 2. REFERENCES; EFFECTIVE DATE. minish the value of any particular kind ciple, Congress should not be inter- (a) REFERENCES.—Except as otherwise ex- of institution. All institutions have fering in the academic decisions made pressly provided, whenever in this Act an their appropriate place in the higher on college campuses. Colleges and uni- amendment or repeal is expressed in terms of education community. I am supportive versities are fully capable of devel- an amendment to, or repeal of, a section or other provision, the reference shall be con- of all types of institutions and want to oping and implementing fair and ap- sidered to be made to a section or other pro- encourage their growth because it will propriate transfer-of-credit policies on vision of the Higher Education Act of 1965 (20 mean more individuals will be empow- their own; and most important, it is in U.S.C. 1001 et seq.). ered to be productive workers in our the best interest of students to have (b) EFFECTIVE DATE.—Except as otherwise growing economy. They are a critical these judgments made by those most provided in this Act, the amendments made part of my district in particular be- qualified to make them, and that by this Act shall take effect on the date of cause of its manufacturing, engineer- would be the faculty and staff of the in- enactment of this Act. ing and business background, and with- stitution they attend. SEC. 3. CENTERS OF EXCELLENCE. Title II (20 U.S.C. 1021 et seq.) is amended out the proprietary schools and com- The amendment we are offering by adding at the end the following: munity college specialized courses, we today strikes the correct balance be- ‘‘PART C—CENTERS OF EXCELLENCE could not function. But it is my hope tween academic autonomy and transparency for students. I urge all of my ‘‘SEC. 231. PURPOSES; DEFINITIONS. that as an alternative to Federal man- ‘‘(a) PURPOSES.—The purposes of this part dates, more colleges and universities colleagues to vote for the Souder- are— will work out voluntary articulation Bishop amendment. ‘‘(1) to help recruit and prepare teachers, agreements between schools to ensure Mr. SOUDER. Mr. Chairman, I yield 1 including minority teachers, to meet the na- a more seamless transition between in- minute to the gentleman from Penn- tional demand for a highly qualified teacher stitutions. sylvania (Mr. DENT). in every classroom; and This can be done quite effectively Mr. DENT. Mr. Chairman, I rise in ‘‘(2) to increase opportunities for Ameri- within a State or region where institu- support of the Souder-Bishop amend- cans of all educational, ethnic, class, and ge- ment, and I want to associate myself ographic backgrounds to become highly tions can come together to agree upon qualified teachers. which credits from one school are the with their comments just made. ‘‘(b) DEFINITIONS.—As used in this part: equivalent of courses at another This amendment by Mr. SOUDER ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli- school. would revise the transfer-of-credit pro- gible institution’ means— In my own home district in North- visions in this bill. The transfer-of- ‘‘(A) an institution of higher education east Indiana, Indiana University, Pur- credit provisions in this bill have been that has a teacher preparation program that due University Fort Wayne (IPFW) and made less onerous since the reauthor- meets the requirements of section 203(b)(2) Ivy Tech Community College have ization bill was first introduced. The and that is— ‘‘(i) a part B institution (as defined in sec- worked out an agreement for students Federal Government as a matter of policy should not be involved in decisions tion 322); to be able to transfer credits from a ‘‘(ii) a Hispanic-serving institution (as de- specified list of over 150 courses. Sev- about the awarding of credit which is fined in section 502); eral years ago, this was not possible. an institution’s essential product. ‘‘(iii) a Tribal College or University (as de- Now it is, and many more institutions The Souder-Bishop amendment real- fined in section 316); in Indiana are following suit. I hope ly takes an important step towards al- ‘‘(iv) an Alaska Native-serving institution this kind of voluntary agreement mul- leviating these concerns, relying in- (as defined in section 317(b)); or tiply across the country. stead on additional disclosures to help ‘‘(v) a Native Hawaiian-serving institution students better understand an institu- (as defined in section 317(b)); Mr. Chairman, I yield 2 minutes to ‘‘(B) a consortium of institutions described the gentleman from New York (Mr. tion’s transfer policies. Once again, I strongly support this in subparagraph (A); or BISHOP). ‘‘(C) an institution described in subpara- Mr. BISHOP of New York. Mr. Chair- amendment and urge its adoption. graph (A), or a consortium described in sub- man, I rise in strong support of the Mr. MCKEON. Mr. Chairman, I claim paragraph (B), in partnership with any other Souder-Bishop amendment. This bipar- the time in opposition, although I do institution of higher education, but only if tisan amendment is the culmination of not oppose the amendment. In fact, the the center of excellence established under several months of debate and com- amendment is critical to final passage section 232 is located at an institution de- promise among Members on both sides of the bill. scribed in subparagraph (A). I want to thank Mr. SOUDER and Mr. ‘‘(2) HIGHLY QUALIFIED.—The term ‘highly of the aisle, the Education and the BISHOP, both good members of the com- qualified’ when used with respect to an indi- Workforce Committee, and the college mittee, for their efforts in working to- vidual means that the individual is highly community. gether to strengthen the bill through qualified as determined under section 9101 of I want to thank Mr. SOUDER for offer- the Elementary and Secondary Education ing this important amendment with this amendment. Act of 1965 (20 U.S.C. 7801) or section 602 of Mr. Chairman, I yield back the bal- me, and I would also like to thank the Individuals with Disabilities Education ance of my time. Chairman MCKEON for his work on this Act (20 U.S.C. 1401). Mr. SOUDER. Mr. Chairman, I yield ‘‘(3) SCIENTIFICALLY BASED READING RE- issue. back the balance of my time. Our amendment would simply require SEARCH.—The term ‘scientifically based read- The Acting CHAIRMAN (Mr. ing research’ has the meaning given such that, as part of its review for accredita- CHOCOLA). The question is on the term in section 1208 of the Elementary and tion, colleges must publicly disclose amendment offered by the gentleman Secondary Education Act of 1965 (20 U.S.C. their transfer of credit policies and spe- from Indiana (Mr. SOUDER). 6368). cifically state whether the institution The amendment was agreed to. ‘‘(4) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’ has the denies transfer of credit based solely on AMENDMENT IN THE NATURE OF A SUBSTITUTE meaning given such term in section 9101 of the accreditation of the sending insti- NO. 7 OFFERED BY MR. GEORGE MILLER OF the Elementary and Secondary Education tution. This language is, in our view, CALIFORNIA Act of 1965 (20 U.S.C. 7801). much improved from the original form Mr. GEORGE MILLER of California. and intent, and I proudly support it. ‘‘SEC. 232. CENTERS OF EXCELLENCE. Mr. Chairman, I offer an amendment. ‘‘(a) PROGRAM AUTHORIZED.—From the The original language in H.R. 609 in- The Acting CHAIRMAN. The Clerk amounts appropriated to carry out this part, cluded a provision that would have im- will designate the amendment. the Secretary is authorized to award composed a new transfer of credit mandate The text of the amendment is as fol- petitive grants to eligible institutions to es- on colleges that would have created lows: tablish centers of excellence.

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‘‘(b) USE OF FUNDS.—Grants provided by ‘‘(A) any of the following institutions that ‘‘(A) CONCURRENT FUNDING.—For the pur- the Secretary under this part shall be used qualify for funding under the Tribally Con- poses of this part, no Tribal College or Uni- to ensure that current and future teachers trolled College or University Assistance Act versity that is eligible for and receives funds are highly qualified, by carrying out one or of 1978 or is listed in Equity in Educational under this section shall concurrently receive more of the following activities: Land Grant Status Act of 1994 (7 U.S.C. 301 funds under other provisions of this part or ‘‘(1) Implementing reforms within teacher note): Bay Mills Community College; Black- part B. preparation programs to ensure that such feet Community College; Cankdeska Cikana ‘‘(B) EXEMPTION.—Section 313(d) shall not programs are preparing teachers who are Community College; Chief Dull Knife Col- apply to institutions that are eligible to re- highly qualified, are able to understand sci- lege; College of Menominee Nation; ceive funds under this section.’’. entifically based research, and are able to Crownpoint Institute of Technology; Dine´ (d) CONSTRUCTION GRANTS.—After sub- use advanced technology effectively in the College; D–Q University; Fond du Lac Tribal section (d) of section 316 (20 U.S.C. 1059c(d)), classroom, including use for instructional and Community College; Fort Belknap Col- as amended by subsection (c) of this section, techniques to improve student academic lege; Fort Berthold Community College; add the following new subsections: Fort Peck Community College; Haskell In- achievement, by— ‘‘(e) CONSTRUCTION GRANTS.— dian Nations University; Institute of Amer- ‘‘(A) retraining faculty; and ‘‘(1) IN GENERAL.—Of the amount appro- ‘‘(B) designing (or redesigning) teacher ican Indian and Alaska Native Culture and priated to carry out this section for any fis- Arts Development; Lac Courte Oreilles Ojib- preparation programs that— cal year, the Secretary may reserve 30 per- wa Community College; Leech Lake Tribal ‘‘(i) prepare teachers to close student cent of such amount for the purpose of College; Little Big Horn College; Little achievement gaps, are based on rigorous aca- awarding 1-year grants of not less than Priest Tribal College; Nebraska Indian Com- demic content, scientifically based research $1,000,000 to address construction, mainte- munity College; Northwest Indian College; (including scientifically based reading re- nance, and renovation needs at eligible insti- Oglala Lakota College; Saginaw Chippewa search), and challenging State student aca- tutions. Tribal College; Salish Kootenai College; Si demic content standards; and ‘‘(2) PREFERENCE.—In providing grants Tanka University—Eagle Butte Campus; ‘‘(ii) promote strong teaching skills. under paragraph (1), the Secretary shall give Sinte Gleska University; Sisseton Wahpeton ‘‘(2) Providing sustained and high-quality preference to eligible institutions that have Community College; Sitting Bull College; preservice clinical experience, including the not yet received an award under this section. mentoring of prospective teachers by exem- Southwestern Indian Polytechnic Institute; ‘‘(f) ALLOTMENT OF REMAINING FUNDS.—The plary teachers, substantially increasing Stone Child College; Tohono O’Odham Com- munity College; Turtle Mountain Commu- Secretary shall distribute any funds appro- interaction between faculty at institutions priated to carry out this section for any fis- of higher education and new and experienced nity College; United Tribes Technical Col- lege; and White Earth Tribal and Community cal year that remain available after the Sec- teachers, principals, and other administra- retary has awarded grants under subsection tors at elementary schools or secondary College; and ‘‘(B) any other institution that meets the (e), to each eligible institution as follows: schools, and providing support, including ‘‘(1) 60 percent of the remaining appro- preparation time, for such interaction. definition of tribally controlled college or university in section 2 of the Tribally Con- priated funds shall be distributed among the ‘‘(3) Developing and implementing initia- eligible Tribal Colleges and Universities on a tives to promote retention of highly quali- trolled College or University Assistance Act of 1978, and meets all other requirements of pro rata basis, based on the respective Indian fied teachers and principals, including mi- student counts (as defined in section 2(a) of nority teachers and principals, including this section. ‘‘(2) INDIAN.—The term ‘Indian’ has the the Tribally Controlled College or University programs that provide— Assistance Act of 1978 (25 U.S.C. 1801(a)) of ‘‘(A) teacher or principal mentoring from meaning given the term in section 2 of the Tribally Controlled College or University As- the Tribal Colleges and Universities; and exemplary teachers or principals; or ‘‘(2) the remaining 40 percent shall be dis- ‘‘(B) induction and support for teachers sistance Act of 1978.’’. (b) DISTANCE LEARNING.—Subsection (c)(2) tributed in equal shares to the eligible Tribal and principals during their first 3 years of of such section is amended— Colleges and Universities. ’’. employment as teachers or principals, re- (1) by amending subparagraph (B) to read spectively. SEC. 5. PREDOMINANTLY BLACK INSTITUTIONS. as follows: ‘‘(4) Awarding scholarships based on finan- (a) PREDOMINANTLY BLACK INSTITUTIONS.— ‘‘(B) construction, maintenance, renova- cial need to help students pay the costs of Part A of title III is amended by inserting tion, and improvement in classrooms, librar- tuition, room, board, and other expenses of after section 317 (20 U.S.C. 1059d) the fol- ies, laboratories, and other instructional fa- completing a teacher preparation program. lowing new section: cilities, including purchase or rental of tele- ‘‘(5) Disseminating information on effec- communications technology equipment or ‘‘SEC. 318. PREDOMINANTLY BLACK INSTITU- tive practices for teacher preparation and services, and the acquisition of real property TIONS. successful teacher certification and licensure adjacent to the campus of the institution on ‘‘(a) FINDINGS AND PURPOSE.— assessment preparation strategies. which to construct such facilities;’’; ‘‘(1) FINDINGS.—The Congress finds that— ‘‘(6) Activities authorized under sections (2) in subparagraph (C), by inserting before ‘‘(A) although Black Americans have made 202, 203, and 204. the semicolon at the end the following: ‘‘, or significant progress in closing the ‘gap’ be- ‘‘(c) APPLICATION.—Any eligible institution advanced degrees in tribal governance or tween black and white enrollment in higher desiring a grant under this section shall sub- tribal public policy’’; education— mit an application to the Secretary at such (3) in subparagraph (D), by inserting before ‘‘(i) Black Americans continue to trail a time, in such a manner, and accompanied the semicolon at the end the following: ‘‘, in whites in the percentage of the college-age by such information the Secretary may re- tribal governance, or tribal public policy’’; cohort who enroll and graduate from college; quire. (4) by striking ‘‘and’’ at the end of subpara- ‘‘(ii) the college participation rate of ‘‘(d) MINIMUM GRANT AMOUNT.—The min- graph (K); whites was 46 percent from 2000–2002, while imum amount of each grant under this part (5) by redesignating subparagraph (L) as that for blacks was only 39 percent; and shall be $500,000. subparagraph (M); and ‘‘(iii) the gap between white and black bac- ‘‘(e) LIMITATION ON ADMINISTRATIVE EX- (6) by inserting after subparagraph (K) the calaureate degree attainment rates also re- PENSES.—An eligible institution that re- following new subparagraph: mains high, continuing to exceed 10 percent; ceives a grant under this part may not use ‘‘(L) developing or improving facilities for ‘‘(B) a growing number of Black American more than 2 percent of the grant funds for Internet use or other distance learning aca- students are participating in higher edu- purposes of administering the grant. demic instruction capabilities; and’’. cation and are enrolled at a growing number ‘‘(f) REGULATIONS.—The Secretary shall (c) APPLICATION AND ALLOTMENT.—Sub- of urban and rural Predominantly Black In- prescribe such regulations as may be nec- section (d) of such section is amended to read stitutions that have included in their mis- essary to carry out this part. as follows: sion the provision of academic training and ‘‘SEC. 233. AUTHORIZATION OF APPROPRIATIONS. ‘‘(d) APPLICATION AND ALLOTMENT.— education for both traditional and non-tradi- ‘‘There are authorized to be appropriated ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eli- tional minority students; to carry out this part $10,000,000 for fiscal gible to receive assistance under this sec- ‘‘(C) the overwhelming majority of stu- year 2007 and such sums as may be necessary tion, a Tribal College or University shall be dents attending Predominantly Black Insti- for each of the 5 succeeding fiscal years.’’. an eligible institution under section 312(b). tutions come from low- and middle-income SEC. 4. TITLE III GRANTS FOR AMERICAN INDIAN ‘‘(2) APPLICATION.—Any Tribal College or families and qualify for participation in the TRIBALLY CONTROLLED COLLEGES University desiring to receive assistance Federal student assistance programs or AND UNIVERSITIES. under this section shall submit an applica- other need-based Federal programs; and re- (a) ELIGIBLE INSTITUTIONS.—Subsection (b) tion to the Secretary at such time, and in cent data from the National Postsecondary of section 316 (20 U.S.C. 1059c(b)) is amended such manner, as the Secretary may reason- Student Aid Study indicate that 47 percent to read as follows: ably require. of Pell grant recipients were black compared ‘‘(b) DEFINITIONS.— ‘‘(3) MINIMUM GRANT.—The amount allotted to only 21 percent of whites; ‘‘(1) ELIGIBLE INSTITUTIONS.—For purposes to each institution under this section shall ‘‘(D) many of these students are also ‘first of this section, Tribal Colleges and Univer- not be less than $500,000. generation’ college students who lack the ap- sities are the following: ‘‘(4) SPECIAL RULES.— propriate academic preparation for success

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.019 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1344 CONGRESSIONAL RECORD — HOUSE March 30, 2006 in college and whose parents lack the ordi- lent undergraduate student in comparison ‘‘(B) Academic instruction in disciplines in nary knowledge and information regarding with the average educational and general ex- which Black Americans are underrep- financing a college education; penditure per full-time equivalent under- resented. ‘‘(E) there is a particular national need to graduate student of institutions that offer ‘‘(C) Establishing or enhancing a program aid institutions of higher education that similar instruction; of teacher education designed to qualify stu- have become Predominantly Black Institu- ‘‘(III) has an enrollment of undergraduate dents to teach in a public elementary or sections by virtue of the fact that they have ex- students that is at least 40 percent Black ondary school in the State that shall in- panded opportunities for Black American American students; clude, as part of such program, preparation and other minority students; ‘‘(IV) is legally authorized to provide, and for teacher certification. ‘‘(F) Predominantly Black Institutions ful- provides within the State, an educational ‘‘(D) Establishing community outreach fill a unique mission and represent a vital program for which the institution awards a programs which will encourage elementary component of the American higher education bachelors degree, or in the case of a junior or and secondary students to develop the aca- landscape, far beyond that which was ini- community college, an associate’s degree; demic skills and the interest to pursue post- tially envisioned; and secondary education. ‘‘(G) Predominantly Black Institutions ‘‘(V) is accredited by a nationally recog- ‘‘(E) Other activities proposed in the appli- serve the cultural and social advancement of nized accrediting agency or association de- cation submitted pursuant to subsection (e) low-income, Black American and other mi- termined by the Secretary to be a reliable that— nority students and are a significant access authority as to the quality of training of- ‘‘(i) contribute to carrying out the pur- point for these students to higher education poses of this section; and fered, or is, according to such an agency or and the opportunities offered by American ‘‘(ii) are approved by the Secretary as part association, making reasonable progress to- society; of the review and acceptance of such applica- ward accreditation. ‘‘(H) the concentration of these students in tion. ‘‘(ii) For purposes of the determination of a limited number of two-year and four-year ‘‘(3) ENDOWMENT FUND.— whether an institution is an eligible institu- Predominantly Black Institutions and their ‘‘(A) IN GENERAL.—A Predominantly Black desire to secure a degree to prepare them for tion under this subparagraph, the factor de- Institution may use not more than 20 per- a successful career places special burdens on scribed under clause (i)(I) shall be given cent of the grant funds provided under this those institutions who attract, retain, and twice the weight of the factor described section to establish or increase an endow- graduate these students; and under clause (i)(III). ment fund at the institution. ‘‘(I) financial assistance to establish or ‘‘(B) ENROLLMENT OF NEEDY STUDENTS.— ‘‘(B) MATCHING REQUIREMENT.—In order to strengthen the physical plants, financial The term ‘enrollment of needy students’ be eligible to use grant funds in accordance management, academic resources, and en- means the enrollment at an eligible institu- with subparagraph (A), the Predominantly dowments of the Predominantly Black Insti- tion with respect to which at least 50 percent Black Institution shall provide matching tutions are appropriate methods to enhance of the undergraduate students enrolled in an funds from non-Federal sources, in an these institutions and facilitate a decrease academic program leading to a degree— amount equal to or greater than the Federal in reliance on governmental financial sup- ‘‘(i) in the second fiscal year preceding the funds used in accordance with subparagraph port and to encourage reliance on endow- fiscal year for which the determination is (A), for the establishment or increase of the ments and private sources. made, were Pell Grant recipients in such endowment fund. ‘‘(2) PURPOSE.—It is the purpose of this sec- year; ‘‘(C) COMPARABILITY.—The provisions of tion to assist Predominantly Black Institu- ‘‘(ii) come from families that receive bene- part C regarding the establishment or in- tions in expanding educational opportunity fits under a means-tested Federal benefits crease of an endowment fund, that the Sec- through a program of Federal assistance. program (as defined in subsection (b)(3)); retary determines are not inconsistent with ‘‘(b) DEFINITIONS.—For purposes of this sec- ‘‘(iii) attended a public or nonprofit pri- this subsection, shall apply to funds used tion: vate secondary school which is in the school under subparagraph (A). ‘‘(1) PREDOMINANTLY BLACK INSTITUTION.— district of a local educational agency which ‘‘(4) LIMITATION.—Not more than 50 percent The term ‘Predominantly Black Institution’ was eligible for assistance pursuant to title I of the allotment of any Predominantly Black means an institution of higher education— of the Elementary and Secondary Education Institution may be available for the purpose ‘‘(A) that is an eligible institution (as de- Act of 1965 in any year during which the stu- of constructing or maintaining a classroom, fined in paragraph (5)(A) of this subsection) dent attended that secondary school, and library, laboratory, or other instructional fa- with a minimum of 1,000 undergraduate stu- which for the purpose of this paragraph and cility. dents; for that year was determined by the Sec- ‘‘(d) ALLOTMENTS TO PREDOMINANTLY ‘‘(B) at which at least 50 percent of the un- retary (pursuant to regulations and after BLACK INSTITUTIONS.— dergraduate students enrolled at the institu- consultation with the State educational ‘‘(1) ALLOTMENT: PELL GRANT BASIS.—From tion are low-income individuals or first-gen- agency of the State in which the school is lo- the amounts appropriated to carry out this eration college students (as that term is de- cated) to be a school in which the enrollment section for any fiscal year, the Secretary fined in section 402A(g)); and of children counted under section 1113(a)(5) shall allot to each Predominantly Black In- ‘‘(C) at which at least 50 percent of the un- of the Elementary and Secondary Education stitution a sum which bears the same ratio dergraduate students are enrolled in an edu- Act of 1965 exceeds 30 percent of the total en- to one-half that amount as the number of cational program leading to a bachelor’s or Pell Grant recipients in attendance at such rollment of that school; or associate’s degree that the institution is li- institution at the end of the academic year ‘‘(iv) are ‘first-generation college students’ censed to award by the State in which it is preceding the beginning of that fiscal year as that term is defined in section 402A(g), located. bears to the total number of Pell Grant re- and a majority of such first-generation col- ‘‘(2) LOW-INCOME INDIVIDUAL.—The term cipients at all institutions eligible under lege students are low-income individuals. ‘low-income individual’ has the meaning this section. given such term in section 402A(g). ‘‘(c) AUTHORIZED ACTIVITIES.— ‘‘(2) ALLOTMENT: GRADUATES BASIS.—From ‘‘(3) MEANS-TESTED FEDERAL BENEFIT PRO- ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— the amounts appropriated to carry out this GRAM.—The term ‘means-tested Federal ben- Grants awarded pursuant to subsection (d) section for any fiscal year, the Secretary efit program’ means a program of the Fed- shall be used by Predominantly Black Insti- shall allot to each Predominantly Black In- eral Government, other than a program tutions— stitution a sum which bears the same ratio under title IV, in which eligibility for the ‘‘(A) to assist the institution to plan, de- to one-fourth that amount as the number of programs’ benefits, or the amount of such velop, undertake, and implement programs graduates for such school year at such insti- benefits, or both, are determined on the basis to enhance the institution’s capacity to tution bears to the total number of grad- of income or resources of the individual or serve more low- and middle-income Black uates for such school year at all intuitions family seeking the benefit. American students; eligible under this section. ‘‘(4) STATE.—The term ‘State’ means each ‘‘(B) to expand higher education opportuni- ‘‘(3) ALLOTMENT: GRADUATES SEEKING A of the 50 States and the District of Columbia. ties for title IV eligible students by encour- HIGHER DEGREE BASIS.—From the amounts ‘‘(5) OTHER DEFINITIONS.—For purposes of aging college preparation and student per- appropriated to carry out this section for this section, the terms defined by section 312 sistence in secondary and postsecondary edu- any fiscal year, the Secretary shall allot to have the meanings provided by that section, cation; and each Predominantly Black Institution a sum except as follows: ‘‘(C) to strengthen the institution’s finan- which bears the same ratio to one-fourth of ‘‘(A) ELIGIBLE INSTITUTION.— cial ability to serve the academic needs of that amount as the percentage of graduates ‘‘(i) The term ‘eligible institution’ means the students described in subparagraphs (A) per institution who are admitted to and in an institution of higher education that— and (B). attendance at, within 2 years of graduation ‘‘(I) has an enrollment of needy under- ‘‘(2) AUTHORIZED ACTIVITIES.—Grants made with an associates degree or a baccalaureate graduate students as required and defined by to an institution under subsection (d) shall degree, either a baccalaureate degree-grant- subparagraph (B); be used for one or more of the following ac- ing institution or a graduate or professional ‘‘(II) except as provided in section 392(b), tivities: school in a degree program in disciplines in the average educational and general expendi- ‘‘(A) The activities described in section which Black American students are under- ture of which are low, per full-time equiva- 311(a)(1) through (11). represented, bears to the percentage of such

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.019 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1345 graduates per institution for all eligible in- services, and the acquisition of real property (A) by striking ‘‘1998’’ and inserting ‘‘2005’’; stitutions. adjacent to the campus of the institution on and ‘‘(4) MINIMUM ALLOTMENT.—(A) Notwith- which to construct such facilities;’’. (B) by striking ‘‘(Q) and (R)’’ and inserting standing paragraphs (1), (2), and (3), the (2) OUTREACH AND COLLABORATION.—Para- ‘‘(S), (T), (U), and (V)’’. amount allotted to each Predominantly graph (11) of section 323(a) is amended to (f) PROFESSIONAL OR GRADUATE INSTITU- Black Institution under this section shall read as follows: TIONS.—Section 326(f) (20 U.S.C. 1063b(f)) is not be less than $250,000. ‘‘(11) Establishing community outreach amended— ‘‘(B) If the amount appropriated pursuant programs and collaborative partnerships be- (1) in paragraph (1)— to section 399 for any fiscal year is not suffi- tween part B institutions and local elemen- (A) by striking ‘‘$26,600,000’’ and inserting cient to pay the minimum allotment, the tary or secondary schools. Such partnerships ‘‘$54,500,000’’; and amount of such minimum allotment shall be may include mentoring, tutoring, or other (B) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; ratably reduced. If additional sums become instructional opportunities that will boost (2) in paragraph (2)— available for such fiscal year, such reduced student academic achievement and assist el- (A) by striking ‘‘$26,600,000, but not in ex- allocation shall be increased on the same ementary and secondary school students in cess of $28,600,000’’ and inserting ‘‘$54,500,000, basis as it was reduced until the amount al- developing the academic skills and the inter- but not in excess of $58,500,000’’; and lotted equals the minimum allotment re- est to pursue postsecondary education.’’. (B) by striking ‘‘subparagraphs (Q) and quired by subparagraph (A). (b) TECHNICAL ASSISTANCE.—Section 323 (20 (R)’’ and inserting ‘‘subparagraphs (S), (T), ‘‘(5) REALLOTMENT.—The amount of a Pre- U.S.C. 1062) is amended— (U), and (V)’’; and dominantly Black Institution’s allotment (1) by redesignating subsection (c) as sub- (3) in paragraph (3)— under paragraph (1), (2), (3), or (4) for any fis- section (d); and (A) by striking ‘‘$28,600,000’’ and inserting cal year, which the Secretary determines (2) by inserting after subsection (b) the fol- ‘‘$58,500,000’’; and will not be required for such institution for lowing new subsection: (B) by striking ‘‘(R)’’ and inserting ‘‘(V)’’. the period such allotment is available, shall ‘‘(c) TECHNICAL ASSISTANCE.— (g) HOLD HARMLESS.—Section 326(g) (20 be available for reallotment to other Pre- ‘‘(1) IN GENERAL.—An institution may not U.S.C. 1063b(g)) is amended by striking ‘‘1998’’ each place it appears and inserting dominantly Black Institutions in proportion use more than 2 percent of the grant funds ‘‘2005’’. to the original allotment to such other insti- provided under this part to secure technical tutions under this section for such fiscal assistance services. SEC. 7. PELL GRANTS. year. The Secretary shall reallot such ‘‘(2) TECHNICAL ASSISTANCE SERVICES.— (a) TUITION SENSITIVITY.—Section 401(b) is further amended— amounts from time to time, on such date and Technical assistance services may include (1) by striking paragraph (3); and during such period as the Secretary deems assistance with enrollment management, fi- (2) by redesignating paragraphs (4) through appropriate. nancial management, and strategic plan- (8) as paragraphs (3) through (7), respec- ‘‘(e) APPLICATIONS.—No Predominantly ning. tively. Black Institution shall be entitled to its al- ‘‘(3) REPORT.—The institution shall report (b) MULTIPLE GRANTS.—Paragraph (5) of lotment of Federal funds for any grant under to the Secretary on an annual basis, in such form as the Secretary requires, on the use of section 401(b) (as redesignated by subsection subsection (d) for any period unless the insti- (a)(2)) is amended to read as follows: tution submits an application to the Sec- funds under this subsection.’’. ‘‘(5) YEAR-ROUND PELL GRANTS.— retary at such time, in such manner, and (c) DISTANCE LEARNING.—Section 323(a)(2) (20 U.S.C. 1062(a)(2)) (as amended by sub- ‘‘(A) IN GENERAL.—The Secretary shall, for containing or accompanied by such informa- students enrolled full time in a bacca- tion as the Secretary may reasonably re- section (a)(1)(A)) is further amended by inserting ‘‘development or improvement of fa- laureate or associate’s degree program of quire. study at an eligible institution, award such ‘‘(f) APPLICATION REVIEW PROCESS.—Sec- cilities for Internet use or other distance learning academic instruction capabilities students two Pell grants during a single tion 393 shall not apply to applications under award year to permit such students to accel- this section. and’’ after ‘‘including’’. (d) MINIMUM GRANTS.—Section 324(d)(1) (20 erate progress toward their degree objectives ‘‘(g) PROHIBITION.—No Predominantly U.S.C. 1063(d)(1)) is amended by inserting be- by enrolling in academic programs for 12 Black Institution that applies for and re- fore the period at the end the following: ‘‘, months rather than 9 months. ceives a grant under this section may apply except that, if the amount appropriated to ‘‘(B) LIMITATION.—The Secretary shall for or receive funds under any other program carry out this part for any fiscal year ex- limit the awarding of additional Pell grants under this part or part B of this title. ceeds the amount required to provide to each under this paragraph in a single award year URATION AND CARRYOVER.—Any funds ‘‘(h) D institution an amount equal to the total to students attending— paid to a Predominantly Black Institution amount received by such institution under ‘‘(i) baccalaureate degree granting institu- under this section and not expended or used subsections (a), (b), and (c) for the preceding tions that have a graduation rate as reported for the purposes for which the funds were fiscal year, then the amount of such excess by the Integrated Postsecondary Education paid within 10 years following the date of the appropriation shall first be applied to in- Data System for the 4 preceding academic grant awarded to such institution under this crease the minimum allotment under this years of at least 30 percent; or section shall be repaid to the Treasury of the subsection to $750,000’’. ‘‘(ii) two-year institutions that have a United States.’’. (e) ELIGIBLE GRADUATE OR PROFESSIONAL graduation rate as reported by the Inte- (b) AUTHORIZATION OF APPROPRIATIONS.— SCHOOLS.— grated Postsecondary Education Data Sys- Section 399(a)(1) (20 U.S.C. 1068h(a)(1)) is (1) GENERAL AUTHORITY.—Section 326(a)(1) tems, in at least one of the last 3 years for amended by adding at the end the following (20 U.S.C. 1063b(a)(1)) is amended— which data is available, that is above the av- new subparagraph: (A) by inserting ‘‘(A)’’ after ‘‘subsection (e) erage for the applicable year for the institu- ‘‘(D) There are authorized to be appro- that’’; tion’s type and control. priated to carry out section 318, $25,000,000 (B) by inserting before the period at the ‘‘(C) EVALUATION.—The Secretary shall for fiscal year 2007 and such sums as may be end the following: ‘‘, (B) is accredited by a conduct an evaluation of the program under necessary for each of the 5 succeeding fiscal nationally recognized accrediting agency or this paragraph and submit to the Congress years.’’. association determined by the Secretary to an evaluation report no later than October 1, SEC. 6. GRANTS TO PART B INSTITUTIONS. be a reliable authority as to the quality of 2011. (a) USE OF FUNDS.— training offered, and (C) according to such an ‘‘(D) REGULATIONS REQUIRED.—The Sec- (1) FACILITIES AND EQUIPMENT.— agency or association, is in good standing’’. retary shall promulgate regulations imple- (A) UNDERGRADUATE INSTITUTIONS.—Para- (2) ELIGIBLE INSTITUTIONS.—Section menting this paragraph.’’. graph (2) of section 323(a) (20 U.S.C. 1062(a)) 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended— SEC. 8. INTEREST RATE REDUCTIONS. is amended to read as follows: (A) by striking ‘‘and’’ at the end of sub- (a) FFEL INTEREST RATES.—Section ‘‘(2) Construction, maintenance, renova- paragraph (Q); 427A(l)(1) of the Higher Education Act of 1965 tion, and improvement in classrooms, librar- (B) by striking the period at the end of (20 U.S.C. 1077a(l)(1)) is amended— ies, laboratories, and other instructional fa- subparagraph (R) and inserting a semicolon; (1) by striking ‘‘6.8 percent’’ and inserting cilities, including purchase or rental of tele- and ‘‘3.4 percent’’; and communications technology equipment or (C) by adding at the end the following new (2) by inserting before the period at the end services, and the acquisition of real property subparagraphs: the following: ‘‘, except that for any loan adjacent to the campus of the institution on ‘‘(S) Alabama State University qualified made pursuant to section 428H for which the which to construct such facilities.’’. graduate program; first disbursement is made on or after July 1, (B) GRADUATE AND PROFESSIONAL ‘‘(T) Prairie View A & M University 2006, the applicable rate of interest shall be SCHOOLS.—Paragraph (2) of section 326(c) is qualified graduate program; 6.8 percent on the unpaid principal balance of amended to read as follows: ‘‘(U) Coppin State University qualified the loan’’. ‘‘(2) construction, maintenance, renova- graduate program; and (b) DIRECT LOANS.—Section 455(b)(7)(A) of tion, and improvement in classrooms, librar- ‘‘(V) Delaware State University qualified the Higher Education Act of 1965 (20 U.S.C. ies, laboratories, and other instructional fa- graduate program.’’. 1087e(b)(7)(A)) is amended— cilities, including purchase or rental of tele- (3) CONFORMING AMENDMENT.—Section (1) by striking ‘‘and Federal Direct Unsub- communications technology equipment or 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended— sidized Stafford Loans’’;

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.019 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1346 CONGRESSIONAL RECORD — HOUSE March 30, 2006 (2) by striking ‘‘6.8 percent’’ and inserting ‘‘(i) a public library that serves a geo- the aggregate of the loan obligation on a ‘‘3.4 percent’’; and graphic area within which the public schools loan made under section 428 or 428H that is (3) by inserting before the period at the end have a combined average of 30 percent or outstanding after the completion of the fifth the following: ‘‘, and for any Federal Direct more of their total student enrollments com- consecutive school, academic, or calendar Unsubsidized Loan made for which the first posed of children counted under section year, as appropriate, described in subsection disbursement is made on or after July 1, 2006, 1113(a)(5) of the Elementary and Secondary (b)(1). the applicable rate of interest shall be 6.8 Education Act of 1965; or ‘‘(e) CONSTRUCTION.—Nothing in this sec- percent on the unpaid principal balance of ‘‘(ii) an elementary or secondary school tion shall be construed to authorize the re- the loan’’. which is in the school district of a local edu- funding of any repayment of a loan made (c) EFFECTIVE DATE.—The amendments cational agency which is eligible in such under section 428 or 428H. made by this section shall be effective for year for assistance pursuant to title I of the ‘‘(f) INELIGIBILITY OF NATIONAL SERVICE loans made on or after July 1, 2006 and before Elementary and Secondary Education Act of AWARD RECIPIENTS.—No student borrower July 1, 2007. 1965, and which for the purpose of this para- may, for the same service, receive a benefit SEC. 9. LOAN FORGIVENESS FOR SERVICE IN graph and for that year has been determined under both this section and subtitle D of AREAS OF NATIONAL NEED. by the Secretary (pursuant to regulations title I of the National and Community Serv- Section 428K (20 U.S.C. 1078–11) is amended and after consultation with the State edu- ice Act of 1990 (42 U.S.C. 12601 et seq.). to read as follows: cational agency of the State in which the ‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.— ‘‘SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN school is located) to be a school in which the No borrower may receive a reduction of loan AREAS OF NATIONAL NEED. enrollment of children counted under section ‘‘(a) PURPOSES.—The purposes of this sec- obligations under both this section and sec- 1113(a)(5) of the Elementary and Secondary tion 428J or 460. tion are— Education Act of 1965 exceeds 30 percent of ‘‘(h) DEFINITIONS.—In this section ‘‘(1) to encourage highly trained individ- the total enrollment of that school. ‘‘(1) CHILD CARE FACILITY.—The term ‘child uals to enter and continue in service in areas ‘‘(E) HIGHLY QUALIFIED TEACHERS: BILIN- care facility’ means a facility, including a of national need; and GUAL EDUCATION AND LOW-INCOME COMMU- home, that— ‘‘(2) to reduce the burden of student debt NITIES.—An individual who— for Americans who dedicate their careers to ‘‘(i) is highly qualified as such term is de- ‘‘(A) provides for the education and care of service in areas of national need. fined in section 9101 of the Elementary and children from birth through age 5; and ‘‘(b) PROGRAM AUTHORIZED.— Secondary Education Act of 1965; and ‘‘(B) meets any applicable State or local ‘‘(1) IN GENERAL.—The Secretary is author- ‘‘(ii)(I) is employed as a full-time teacher government licensing, certification, ap- ized to carry out a program of assuming the of bilingual education; or proval, or registration requirements. obligation to repay, pursuant to paragraphs ‘‘(II) is employed as a teacher for service in ‘‘(2) CRITICAL FOREIGN LANGUAGE.—The (2) of subsection (c) and subsection (d), a a public or nonprofit private elementary or term ‘critical foreign language’ includes the qualified loan amount for a loan made, in- secondary school which is in the school dis- languages of Arabic, Korean, Japanese, Chi- sured, or guaranteed under this part or part trict of a local educational agency which is nese, Pashto, Persian-Farsi, Serbian-Cro- D (other than loans made under section 428B eligible in such year for assistance pursuant atian, Russian, Portuguese, and any other and 428C and comparable loans made under to title I of the Elementary and Secondary language identified by the Secretary of Edu- part D), for any new borrower after the date Education Act of 1965, and which for the pur- cation, in consultation with the Defense of enactment of the Reverse the Raid on Stu- pose of this paragraph and for that year has Language Institute, the Foreign Service In- dent Aid Act of 2006, who— been determined by the Secretary (pursuant stitute, and the National Security Education ‘‘(A) has been employed full-time for at to regulations and after consultation with Program, as a critical foreign language need. least 5 consecutive complete school, aca- the State educational agency of the State in ‘‘(3) EARLY CHILDHOOD EDUCATOR.—The demic, or calendar years, as appropriate, in which the school is located) to be a school in term ‘early childhood educator’ means an an area of national need described in sub- which the enrollment of children counted early childhood educator employed in an eli- section (c); and under section 1113(a)(5) of the Elementary gible preschool program who has completed ‘‘(B) is not in default on a loan for which and Secondary Education Act of 1965 exceeds a baccalaureate or advanced degree in early the borrower seeks forgiveness. 40 percent of the total enrollment of that childhood development, early childhood edu- ‘‘(2) AWARD BASIS.—Loan repayment under school. cation, or in a field related to early child- this section shall be on a first-come, first- ‘‘(F) FIRST RESPONDERS IN LOW-INCOME COM- hood education. served basis pursuant to the designation MUNITIES.—An individual who— ‘‘(4) ELIGIBLE PRESCHOOL PROGRAM.—The under subsection (c) and subject to the avail- ‘‘(i) is employed as a firefighter, police offi- term ‘eligible preschool program’ means a ability of appropriations. cer, or emergency medical technician; and program that provides for the care, develop- ‘‘(3) REGULATIONS.—The Secretary is au- ‘‘(ii) serves as such in a low-income comment, and education of infants, toddlers, or thorized to issue such regulations as may be munity. young children through age 5, meets any ap- necessary to carry out the provisions of this ‘‘(G) CHILD WELFARE WORKERS.—An indi- plicable State or local government licensing, section. vidual who— certification, approval, and registration re- ‘‘(c) AREAS OF NATIONAL NEED.— ‘‘(i) has obtained a degree in social work or quirements, and is operated by— ‘‘(1) STATUTORY CATEGORIES.—For purposes a related field with a focus on serving chil- ‘‘(A) a public or private school that may be of this section, an individual shall be treated dren and families; and supported, sponsored, supervised, or adminis- as employed in an area of national need if ‘‘(ii) is employed in public or private child tered by a local educational agency; the individual is employed full time and is welfare services. ‘‘(B) a Head Start agency serving as a any of the following: ‘‘(H) SPEECH-LANGUAGE PATHOLOGISTS.—An grantee designated under the Head Start Act ‘‘(A) EARLY CHILDHOOD EDUCATORS.—An in- individual who is a speech-language patholo- (42 U.S.C. 9831 et seq.); dividual who is employed as an early child- gist, who is employed in an eligible pre- ‘‘(C) a nonprofit or community based orga- hood educator in an eligible preschool pro- school program or an elementary or sec- nization; or gram or child care facility in a low-income ondary school, and who has, at a minimum, ‘‘(D) a child care program, including a community, and who is involved directly in a graduate degree in speech-language pathol- home. the care, development and education of in- ogy, or communication sciences and dis- ‘‘(5) LOW-INCOME COMMUNITY.—In this sub- fants, toddlers, or young children through orders. section, the term ‘low-income community’ age five. ‘‘(I) ADDITIONAL AREAS OF NATIONAL NEED.— means a community in which 70 percent of ‘‘(B) NURSES.—An individual who is em- An individual who is employed in an area households earn less than 85 percent of the ployed— designated by the Secretary under paragraph State median household income. ‘‘(i) as a nurse in a clinical setting; or (2) and has completed a baccalaureate or ad- ‘‘(6) NURSE.—The term ‘nurse’ means a ‘‘(ii) as a member of the nursing faculty at vanced degree related to such area. nurse who meets all of the following: an accredited school of nursing (as those ‘‘(2) DESIGNATION OF AREAS OF NATIONAL ‘‘(A) The nurse graduated from— terms are defined in section 801 of the Public NEED.—After consultation with appropriate ‘‘(i) an accredited school of nursing (as Health Service Act (42 U.S.C. 296)). Federal, State, and community-based agen- those terms are defined in section 801 of the ‘‘(C) FOREIGN LANGUAGE SPECIALISTS.—An cies and organizations, the Secretary shall Public Health Service Act (42 U.S.C. 296)); individual who has obtained a baccalaureate designate areas of national need. In making ‘‘(ii) a nursing center; or degree in a critical foreign language and is such designations, the Secretary shall take ‘‘(iii) an academic health center that pro- employed— into account the extent to which— vides nurse training. ‘‘(i) in an elementary or secondary school ‘‘(A) the national interest in the area is ‘‘(B) The nurse holds a valid and unre- as a teacher of a critical foreign language; or compelling; stricted license to practice nursing in the ‘‘(ii) in an agency of the United States ‘‘(B) the area suffers from a critical lack of State in which the nurse practices in a clin- Government in a position that regularly re- qualified personnel; and ical setting. quires the use of such critical foreign lan- ‘‘(C) other Federal programs support the ‘‘(C) The nurse holds one or more of the guage. area concerned. following: ‘‘(D) LIBRARIANS.—An individual who is ‘‘(d) QUALIFIED LOAN AMOUNT.—The Sec- ‘‘(i) A graduate degree in nursing, or an employed full-time as a libarian in— retary shall repay not more than $5,000 in equivalent degree.

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‘‘(ii) A nursing degree from a collegiate (1) COMMON FINANCIAL AID FORM DEVELOP- tutions of higher education, guaranty agen- school of nursing (as defined in section 801 of MENT AND PROCESSING.—Section 483(a) (20 cies, and States in accordance with para- the Public Health Service Act (42 U.S.C. U.S.C. 1090(a)) is amended— graph (9). 296)). (A) by striking paragraphs (1), (2), and (5); ‘‘(v) TESTING.—The Secretary shall conduct ‘‘(iii) A nursing degree from an associate (B) by redesignating paragraphs (3), (4), (6), appropriate field testing on the form under degree school of nursing (as defined in sec- and (7), as paragraphs (9), (10), (11), and (12), this subparagraph. tion 801 of the Public Health Service Act (42 respectively; ‘‘(C) PROMOTING THE USE OF ELECTRONIC U.S.C. 296)). (C) by inserting before paragraph (9), as re- FAFSA.— ‘‘(iv) A nursing degree from a diploma designated by subparagraph (B), the fol- ‘‘(i) IN GENERAL.—The Secretary shall school of nursing (as defined in section 801 of lowing: make an effort to encourage applicants to the Public Health Service Act (42 U.S.C. ‘‘(1) IN GENERAL.—The Secretary, in co- utilize the electronic forms described in 296)). operation with representatives of agencies paragraph (4). ‘‘(7) SPEECH-LANGUAGE PATHOLOGIST.—The and organizations involved in student finan- ‘‘(ii) MAINTENANCE OF THE FAFSA IN A term ‘speech-language pathologist’ means a cial assistance, shall produce, distribute, and PRINTABLE ELECTRONIC FILE.—The Secretary speech-language pathologist who meets all of process free of charge common financial re- shall maintain a version of the paper forms the following: porting forms as described in this subsection described in subparagraphs (A) and (B) in a ‘‘(A) the speech-language pathologist has to be used for application and reapplication printable electronic file that is easily port- received, at a minimum, a graduate degree to determine the need and eligibility of a able. The printable electronic file will be in speech-language pathology or communica- student for financial assistance under parts made easily accessible and downloadable to tion sciences and disorders from an institu- A through E (other than subpart 4 of part A). students on the same website used to provide tion of higher education accredited by an These forms shall be made available to appli- students with the electronic application agency or association recognized by the Sec- cants in both paper and electronic formats forms described in paragraph (4) of this sub- retary pursuant to section 496(a) of this Act; and shall be referred to as the ‘Free Applica- section. The Secretary shall enable students and tion for Federal Student Aid’ or the to submit a form created under this subpara- ‘‘(B) the speech-language pathologist ‘FAFSA’. graph that is downloaded and printed from meets or exceeds the qualifications as de- ‘‘(2) EARLY ESTIMATES.— an electronic file format in order to meet the fined in section 1861(ll) of the Social Secu- ‘‘(A) IN GENERAL.—The Secretary shall per- filing requirements of this section and in rity Act (42 U.S.C. 1395x). mit applicants to complete such forms as de- order to receive aid from programs under scribed in this subsection in the 4 years prior this title. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— to enrollment in order to obtain a non-bind- ‘‘(iii) REPORTING REQUIREMENT.—The Sec- There are authorized to be appropriated to ing estimate of the family contribution, as retary shall report annually to Congress on carry out this section such sums as may be defined in section 473. The estimate shall the impact of the digital divide on students necessary for fiscal year 2007 and such sums clearly and conspicuously indicate that it is completing applications for title IV aid de- as may be necessary for each of the 5 suc- only an estimate of family contribution, and scribed under this paragraph and paragraph ceeding fiscal years.’’. may not reflect the actual family contribu- (4). The Secretary will also report on the SEC. 10. ADDITIONAL CONSOLIDATION LOAN tion of the applicant that shall be used to de- steps taken to eliminate the digital divide CHANGES. termine the grant, loan, or work assistance and phase out the paper form described in (a) ADDITIONAL AMENDMENTS.—Section that the applicant may receive under this subparagraph (A) of this paragraph. The Sec- 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is amended— title when enrolled in a program of postsec- retary’s report will specifically address the (1) by striking everything after ‘‘under this ondary education. Such applicants shall be impact of the digital divide on the following section’’ the first place it appears in sub- permitted to update information submitted student populations: dependent students, paragraph (A); on forms described in this subsection using independent students without dependents, (2) by striking ‘‘(i) which’’ and all that fol- the process required under paragraph (5)(A). and independent students with dependents lows through ‘‘and (ii)’’ in subparagraph (C); ‘‘(B) EVALUATION.—Two years after the other than a spouse. (3) by striking ‘‘and’’ at the end of subpara- early estimates are implemented under this ‘‘(4) ELECTRONIC FORMAT.— graph (E); paragraph and from data gathered from the ‘‘(A) IN GENERAL.—The Secretary shall (4) by redesignating subparagraph (F) as early estimates, the Secretary shall evaluate produce, distribute, and process common subparagraph (G); and the differences between initial, non-binding forms in electronic format to meet the re- (5) by inserting after subparagraph (E) the early estimates and the final financial aid quirements of paragraph (1). The Secretary following new subparagraph: award made available under this title. shall develop common electronic forms for ‘‘(F) that the lender of the consolidation ‘‘(C) REPORT.—The Secretary shall provide applicants who do not meet the requirements loan shall, upon application for such loan, a report to the authorizing committees on of subparagraph (C) of this paragraph. provide the borrower with a clear and con- the results of the evaluation. ‘‘(B) STATE DATA.—The Secretary shall in- spicuous notice of at least the following in- ‘‘(3) PAPER FORMAT.— clude on the common electronic forms space formation: ‘‘(A) IN GENERAL.—The Secretary shall for information that needs to be submitted ‘‘(i) the effects of consolidation on total in- produce, distribute, and process common from the applicant to be eligible for State fi- terest to be paid, fees to be paid, and length forms in paper format to meet the require- nancial assistance, as provided under para- of repayment; ments of paragraph (1). The Secretary shall graph (6), except the Secretary shall not re- ‘‘(ii) the effects of consolidation on a bor- develop a common paper form for applicants quire applicants to complete data required rower’s underlying loan benefits, including who do not meet the requirements of sub- by any State other than the applicant’s loan forgiveness, cancellation, deferment, paragraph (B). State of residence. and reduced interest rates on those under- ‘‘(B) EZ FAFSA.— ‘‘(C) SIMPLIFIED APPLICATIONS: FAFSA ON lying loans; ‘‘(i) IN GENERAL.—The Secretary shall de- THE WEB.— ‘‘(iii) the ability of the borrower to prepay velop and use a simplified paper application ‘‘(i) IN GENERAL.—The Secretary shall de- the loan, pay on a shorter schedule, and to form, to be known as the ‘EZ FAFSA’, to be velop and use a simplified electronic applica- change repayment plans; used for applicants meeting the require- tion form to be used by applicants meeting ‘‘(iv) that borrower benefit programs may ments of section 479(c). the requirements under subsection (c) of sec- vary among different loan holders, and a de- ‘‘(ii) REDUCED DATA REQUIREMENTS.—The tion 479 and an additional, separate sim- scription of how the borrower benefits may form under this subparagraph shall permit plified electronic application form to be used vary among different loan holders; an applicant to submit, for financial assist- by applicants meeting the requirements ‘‘(v) the tax benefits for which borrowers ance purposes, only the data elements re- under subsection (b) of section 479. may be eligible; quired to make a determination of whether ‘‘(ii) REDUCED DATA REQUIREMENTS.—The ‘‘(vi) the consequences of default; and the applicant meets the requirements under simplified electronic application forms shall ‘‘(vii) that by making the application the section 479(c). permit an applicant to submit for financial applicant is not obligated to agree to take ‘‘(iii) STATE DATA.—The Secretary shall in- assistance purposes, only the data elements the consolidation loan; and’’. clude on the form under this subparagraph required to make a determination of whether such data items as may be necessary to the applicant meets the requirements under (b) EFFECTIVE DATE FOR SINGLE HOLDER award State financial assistance, as provided subsection (b) or (c) of section 479. AMENDMENT.—The amendment made by sub- under paragraph (6), except that the Sec- ‘‘(iii) STATE DATA.—The Secretary shall in- section (a)(1) shall apply with respect to any retary shall not include a State’s data if that clude on the simplified electronic applica- loan made under section 428C of the Higher State does not permit its applicants for tion forms such data items as may be nec- Education Act of 1965 (20 U.S.C. 1078–3) for State assistance to use the form under this essary to award state financial assistance, as which the application is received by an eligi- subparagraph. provided under paragraph (6), except that the ble lender on or after July 1, 2006. ‘‘(iv) FREE AVAILABILITY AND PROCESSING.— Secretary shall not require applicants to SEC. 11. SIGNIFICANTLY SIMPLIFYING THE STU- The provisions of paragraph (7) shall apply to complete data required by any State other DENT AID APPLICATION PROCESS. the form under this subparagraph, and the than the applicant’s State of residence. (a) IMPROVEMENTS TO PAPER AND ELEC- data collected by means of the form under ‘‘(iv) AVAILABILITY AND PROCESSING.—The TRONIC FORMS.— this subparagraph shall be available to insti- data collected by means of the simplified

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electronic application forms shall be avail- on the FAFSA for the purposes described in ‘‘(iii) LACK OF NOTIFICATION BY THE STATE.— able to institutions of higher education, paragraph (6)), the Secretary, in cooperation If a State does not notify the Secretary pur- guaranty agencies, and States in accordance with representatives of agencies and organi- suant to clause (i), the Secretary shall— with paragraph (9). zations involved in student financial assist- ‘‘(I) permit residents of that State to com- ‘‘(v) TESTING.—The Secretary shall conduct ance, shall continue to reduce the number of plete simplified application forms under appropriate field testing on the forms devel- such data elements following the date of en- paragraphs (3)(B) and paragraph (4)(C) of this oped under this subparagraph. actment. Reductions of data elements under subsection; and ‘‘(D) USE OF FORMS.—Nothing in this subparagraph (3)(B), (4)(C), or (5)(A)(iv) shall not ‘‘(II) not require any resident of that State section shall be construed to prohibit the use be counted towards the reduction referred to to complete any data previously required by of the forms developed by the Secretary pur- in this paragraph unless those data elements that State under this section. suant to this paragraph by an eligible insti- are reduced for all applicants. ‘‘(7) CHARGES TO STUDENTS AND PARENTS tution, eligible lender, guaranty agency, ‘‘(ii) REPORT.—The Secretary shall annu- FOR USE OF FORMS PROHIBITED.— State grant agency, private computer soft- ally report to the House of Representatives ‘‘(A) FEES PROHIBITED.—The FAFSA, in ware provider, a consortium thereof, or such and the Senate on the progress made of re- whatever form (including the EZ–FAFSA, other entities as the Secretary may des- ducing data elements. paper, electronic, simplified, or reapplica- ignate. tion), shall be produced, distributed, and ‘‘(6) STATE REQUIREMENTS.— ‘‘(E) PRIVACY.—The Secretary shall ensure processed by the Secretary and no parent or ‘‘(A) IN GENERAL.—The Secretary shall in- that data collection under this paragraph student shall be charged a fee for the collec- clude on the forms developed under this sub- complies with section 552a of title 5, United tion, processing, or delivery of financial aid section, such State-specific data items as the States Code, and that any entity using the through the use of the FAFSA. The need and Secretary determines are necessary to meet electronic version of the forms developed by eligibility of a student for financial assist- State requirements for State need-based fi- the Secretary pursuant to this paragraph ance under parts A through E of this title nancial aid under section 415C, except as pro- shall maintain reasonable and appropriate (other than under subpart 4 of part A) may vided in paragraphs (3)(B)(iii) and (4)(C)(iii) administrative, technical, and physical safe- only be determined by using the FAFSA de- of this subsection. Such items shall be se- guards to ensure the integrity and confiden- veloped by the Secretary pursuant to this lected in consultation with State agencies in tiality of the information, and to protect subsection. No student may receive assist- against security threats, or unauthorized order to assist in the awarding of State fi- ance under parts A through E of this title uses or disclosures of the information pro- nancial assistance in accordance with the (other than under subpart 4 of part A), ex- vided on the electronic version of the forms. terms of this subsection, except as provided cept by use of the FAFSA developed by the Data collected by such electronic version of in paragraphs (3)(B)(iii) and (4)(C)(iii) of this Secretary pursuant to this subsection. No the forms shall be used only for the applica- subsection. The number of such data items data collected on a form for which a fee is tion, award, and administration of aid shall not be less than the number included charged shall be used to complete the awarded under this title, State aid, or aid on the form on October 7, 1998, unless a State FAFSA. awarded by eligible institutions or such enti- notifies the Secretary that the State no ‘‘(B) NOTICE.—Any entity that provides to ties as the Secretary may designate. No data longer requires those data items for the dis- students or parents, or charges students or collected by such electronic version of the tribution of State need-based financial aid. parents for, any value-added services with forms shall be used for making final aid ‘‘(B) ANNUAL REVIEW.—The Secretary shall respect to or in connection with the FAFSA, awards under this title until such data have conduct an annual review process to deter- such as completion of the FAFSA, submis- been processed by the Secretary or a con- mine which forms and data items the States sion of the FAFSA, or tracking of the tractor or designee of the Secretary, except require to award State need-based financial FAFSA for a student, shall provide to stu- as may be permitted under this title. aid and other application requirements that dents and parents clear and conspicuous no- IGNATURE.—Notwithstanding any ‘‘(F) S the States may impose. tice that— other provision of this Act, the Secretary ‘‘(C) STATE USE OF SIMPLIFIED FORMS.—The ‘‘(i) the FAFSA is a free Federal student may permit an electronic form under this Secretary shall encourage States to take aid application; paragraph to be submitted without a signa- such steps as necessary to encourage the use ‘‘(ii) the FAFSA can be completed without ture, if a signature is subsequently sub- of simplified application forms, including professional assistance; and mitted by the applicant. those described in paragraphs (3)(B) and ‘‘(iii) includes the current Internet address ‘‘(5) STREAMLINING.— (4)(C), to meet the requirements under sub- for the FAFSA on the Department’s web site. ‘‘(A) STREAMLINED REAPPLICATION PROC- section (b) or (c) of section 479. ‘‘(8) APPLICATION PROCESSING CYCLE.—The ESS.— ‘‘(D) FEDERAL REGISTER NOTICE.—The Sec- Secretary shall enable students to submit a ‘‘(i) IN GENERAL.—The Secretary shall de- retary shall publish on an annual basis a no- velop streamlined reapplication forms and form created under this subsection in order tice in the Federal Register requiring State processes, including both paper and elec- to meet the filing requirements of this sec- agencies to inform the Secretary— tronic reapplication processes, consistent tion and in order to receive aid from pro- ‘‘(i) if the State agency is unable to permit with the requirements of this subsection, for grams under this title and shall initiate the applicants to utilize the simplified applica- an applicant who applies for financial assist- processing of applications under this sub- tion forms described in paragraphs (3)(B) and ance under this title— section as early as practicable prior to Janu- ‘‘(I) in the academic year succeeding the (4)(C); and ary 1 of the student’s planned year of enroll- year in which such applicant first applied for ‘‘(ii) of the State-specific data that the ment.’’. financial assistance under this title; or State agency requires for delivery of State (2) MASTER CALENDAR.—Section 482(a)(1)(B) ‘‘(II) in any succeeding academic years. need-based financial aid. (20 U.S.C. 1089) is amended to read as follows: ‘‘(ii) MECHANISMS FOR REAPPLICATION.—The ‘‘(E) STATE NOTIFICATION TO THE SEC- ‘‘(B) by March 1: proposed modifications, Secretary shall develop appropriate mecha- RETARY.— updates, and notices pursuant to sections nisms to support reapplication. ‘‘(i) IN GENERAL.—Each State agency shall 478, 479(c)(2)(C), and 483(a)(6) published in the ‘‘(iii) IDENTIFICATION OF UPDATED DATA.— notify the Secretary— Federal Register;’’. The Secretary shall determine, in coopera- ‘‘(I) whether the State permits an appli- (b) INCREASING ACCESS TO TECHNOLOGY.— Section 483 (20 U.S.C. 1090) is further amend- tion with States, institutions of higher edu- cant to file a form described in paragraph ed by adding at the end the following: cation, agencies, and organizations involved (3)(B) or paragraph (4)(C) of this subsection for purposes of determining eligibility for ‘‘(f) ADDRESSING THE DIGITAL DIVIDE.—The in student financial assistance, the data ele- Secretary shall utilize savings accrued by ments that can be updated from the previous State need-based financial aid; and ‘‘(II) the State-specific data that the State moving more applicants to the electronic academic year’s application. forms described in subsection (a)(4) to im- agency requires for delivery of State need- ‘‘(iv) REDUCED DATA AUTHORIZED.—Nothing prove access to the electronic forms de- based financial aid. in this title shall be construed as limiting scribed in subsection (a)(4) for applicants ‘‘(ii) ACCEPTANCE OF FORMS.—In the event the authority of the Secretary to reduce the meeting the requirements of section 479(c).’’. number of data elements required of re- that a State does not permit an applicant to (c) EXPANDING THE DEFINITION OF AN INDE- applicants. file a form described in paragraph (3)(B) or PENDENT STUDENT.—Section 480(d) (20 ‘‘(v) ZERO FAMILY CONTRIBUTION.—Appli- paragraph (4)(C) of this subsection for pur- U.S.C.1087vv(d)) is amended by striking para- cants determined to have a zero family con- poses of determining eligibility for State graph (2) and inserting the following: tribution pursuant to section 479(c) shall not need-based financial aid— ‘‘(2) is an orphan, in foster care, or a ward be required to provide any financial data in ‘‘(I) the State shall notify the Secretary if of the court, or was in foster care or a ward a reapplication form, except that which is the State is not permitted to do so because of the court until the individual reached the necessary to determine eligibility under of either State law or because of agency pol- age of 18;’’. such section. icy; and SEC. 12. DISCRETION OF STUDENT FINANCIAL ‘‘(B) REDUCTION OF DATA ELEMENTS.— ‘‘(II) the notification under subclause (I) AID ADMINISTRATORS. ‘‘(i) REDUCTION ENCOURAGED.—Of the num- shall include an estimate of the program Section 479A(a) (20 U.S.C. 1087tt(a)) is ber of data elements on the FAFSA on the cost to permit applicants to complete sim- amended— date of enactment of the Reverse the Raid on plified application forms under paragraphs (1) by striking ‘‘(a) IN GENERAL.—’’ and in- Student Aid Act of 2006 (including questions (3)(B) and paragraph (4)(C) of this subsection. serting the following:

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‘‘(a) AUTHORITY TO MAKE ADJUSTMENTS.— lowships, and other financial assistance to repay a PLUS loan incurred on behalf of ‘‘(1) ADJUSTMENTS FOR SPECIAL CIR- permit the enrollment of such students in such eligible victim; or CUMSTANCES.—’’; postbaccalaureate certificate and degree (B) the parent owes a Federal student loan (2) by inserting before ‘‘Special cir- granting programs. that is a PLUS loan incurred on behalf of an cumstances may’’ the following: ‘‘(5) Support of faculty exchanges, faculty eligible victim. ‘‘(2) SPECIAL CIRCUMSTANCES DEFINED.—’’; development, faculty research, curriculum (4) SECRETARY.—The term ‘‘Secretary’’ (3) by inserting ‘‘a student’s status as a development, and academic instruction. means the Secretary of Education. ward of the court at any time prior to at- ‘‘(6) Creating or improving facilities for (5) FEDERAL STUDENT LOAN.—The term taining 18 years of age, a student’s status as Internet or other distance learning academic ‘‘Federal student loan’’ means any loan an individual who was adopted at or after instruction capabilities, including purchase made, insured, or guaranteed under part B, age 13, a student’s status as a homeless or or rental of telecommunications technology D, or E of title IV of the Higher Education unaccompanied youth (as defined in section equipment or services. Act of 1965. 725 of the McKinney-Vento Homeless Assist- ‘‘(7) Collaboration with other institutions (b) RELIEF FROM INDEBTEDNESS.— ance Act),’’ after ‘‘487,’’; of higher education to expand postbaccalau- (1) IN GENERAL.—The Secretary shall pro- (4) by inserting before ‘‘Adequate docu- reate certificate and degree offerings. vide for the discharge or cancellation of— mentation’’ the following: ‘‘(8) Other activities proposed in the appli- (A) the Federal student loan indebtedness ‘‘(3) DOCUMENTATION AND USE OF SUPPLE- cation submitted pursuant to section 514 of the spouse of an eligible public servant, as MENTARY INFORMATION.—’’; and that— determined in accordance with regulations (5) by inserting before ‘‘No student’’ the ‘‘(A) contribute to carrying out the pur- of the Secretary, including any consolidation following: poses of this part; and loan that was used jointly by the eligible ‘‘(4) FEES FOR SUPPLEMENTARY INFORMATION ‘‘(B) are approved by the Secretary as part public servant and his or her spouse to repay PROHIBITED.—’’. of the review and acceptance of such applica- the Federal student loans of the spouse and tion. SEC. 13. POSTBACCALAUREATE OPPORTUNITIES the eligible public servant; FOR HISPANIC AMERICANS. ‘‘SEC. 514. APPLICATION AND DURATION. (B) the portion incurred on behalf of the el- (a) ESTABLISHMENT OF PROGRAM.—Title V ‘‘(a) APPLICATION.—Any eligible institution igible victim (other than an eligible public is amended— may apply for a grant under this part by sub- servant), of a Federal student loan that is a mitting an application to the Secretary at (1) by redesignating part B as part C; consolidation loan that was used jointly by such time and in such manner as determined (2) by redesignating sections 511 through the eligible victim and his or her spouse, as by the Secretary. Such application shall 518 as sections 521 through 528, respectively; determined in accordance with regulations demonstrate how the grant funds will be and of the Secretary, to repay the Federal stu- used to improve postbaccalaureate education (3) by inserting after section 505 (20 U.S.C. dent loans of the eligible victim and his or 1101d) the following new part: opportunities in programs and professions in which Hispanic Americans are underrep- her spouse; ‘‘PART B—PROMOTING POSTBACCALAU- resented. (C) the portion of the consolidation loan REATE OPPORTUNITIES FOR HISPANIC ‘‘(b) DURATION.—Grants under this part indebtedness of an eligible parent that was AMERICANS shall be awarded for a period not to exceed 5 incurred on behalf of an eligible victim; and ‘‘SEC. 511. PURPOSES. years. (D) the PLUS loan indebtedness of an eligi- ‘‘The purposes of this part are— ‘‘(c) LIMITATION.—The Secretary shall not ble parent that was incurred on behalf of an ‘‘(1) to expand postbaccalaureate edu- award more than one grant under this part eligible victim. cational opportunities for, and improve the in any fiscal year to any Hispanic-serving in- (2) METHOD OF DISCHARGE OR CANCELLA- academic attainment of, Hispanic students; stitution.’’. TION.—A loan required to be discharged or and (b) COOPERATIVE ARRANGEMENTS.—Section canceled under paragraph (1) shall be dis- ‘‘(2) to expand the postbaccalaureate aca- 524(a) (as redesignated by subsection (a)(2)) charged or canceled by the method used demic offerings and enhance the program (20 U.S.C. 1103c(a)) is amended by inserting under section 437(a), 455(a)(1), or 464(c)(1)(F) quality in the institutions that are edu- ‘‘and section 513’’ after ‘‘section 503’’. of the Higher Education Act of 1965 (20 U.S.C. cating the majority of Hispanic college stu- (c) AUTHORIZATION OF APPROPRIATIONS.— 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever dents and helping large numbers of Hispanic Subsection (a) of section 528 (as redesignated is applicable to such loan. by subsection (a)(2) of this section) (20 U.S.C. and low-income students complete postsec- (c) FACILITATION OF CLAIMS.—The Sec- 1103g) is amended to read as follows: ondary degrees. retary shall— ‘‘(a) AUTHORIZATIONS.— ‘‘SEC. 512. PROGRAM AUTHORITY AND ELIGI- (1) establish procedures for the filing of ap- ‘‘(1) PART A.—There are authorized to be BILITY. appropriated to carry out part A and part C plications for discharge or cancellation ‘‘(a) PROGRAM AUTHORIZED.—Subject to the of this title $96,000,000 for fiscal year 2006 and under this section by regulations that shall availability of funds appropriated to carry such sums as may be necessary for each of be prescribed and published within 90 days out this part, the Secretary shall award com- the 5 succeeding fiscal years. after the date of enactment of this Act and petitive grants to Hispanic-serving institu- without regard to the requirements of sec- ‘‘(2) PART B.—There are authorized to be tions determined by the Secretary to be appropriated to carry out part B of this title tion 553 of title 5, United States Code; and making substantive contributions to grad- $59,000,000 for fiscal year 2006 and such sums (2) take such actions as may be necessary uate educational opportunities for Hispanic as may be necessary for each of the 5 suc- to publicize the availability of discharge or students. ceeding fiscal years.’’. cancellation of Federal student loan indebt- ‘‘(b) ELIGIBILITY.—For the purposes of this edness under this section. part, an ‘eligible institution’ means an insti- SEC. 14. CANCELLATION OF STUDENT LOAN IN- DEBTEDNESS FOR SURVIVORS OF (d) AVAILABILITY OF FUNDS FOR PAY- tution of higher education that— VICTIMS OF THE SEPTEMBER 11, MENTS.—Funds available for the purposes of ‘‘(1) is an eligible institution under section 2001, ATTACKS. making payments to lenders in accordance 502(a)(2); and (a) DEFINITIONS.—For purposes of this sec- with section 437(a) for the discharge of in- ‘‘(2) offers a postbaccalaureate certificate tion: debtedness of deceased or disabled individ- or degree granting program. (1) ELIGIBLE PUBLIC SERVANT.—The term uals shall be available for making payments ‘‘SEC. 513. AUTHORIZED ACTIVITIES. ‘‘eligible public sesrvant’’ means an indi- under section 437(a) to lenders of loans as re- ‘‘Grants awarded under this part shall be vidual who, as determined in accordance quired by this section. used for one or more of the following activi- with regulations of the Secretary— (e) APPLICABLE TO OUTSTANDING DEBT.— ties: (A) served as a police officer, firefighter, The provisions of this section shall be ap- ‘‘(1) Purchase, rental, or lease of scientific other safety or rescue personnel, or as a plied to discharge or cancel only Federal stu- or laboratory equipment for educational pur- member of the Armed Forces; and dent loans (including consolidation loans) on poses, including instructional and research (B) died (or dies) or became (or becomes) which amounts were owed on September 11, purposes. permanently and totally disabled due to in- 2001. Nothing in this section shall be con- ‘‘(2) Construction, maintenance, renova- juries suffered in the terrorist attack on Sep- strued to authorize any refunding of any re- tion, and improvement of classrooms, librar- tember 11, 2001. payment of a loan. ies, laboratories, and other instructional fa- (2) ELIGIBLE VICTIM.—The term ‘‘eligible cilities, including purchase or rental of tele- victim’’ means an individual who, as deter- SEC. 15. GENERAL EXTENSION OF HIGHER EDU- communications technology equipment or mined in accordance with regulations of the CATION PROGRAMS. services. Secretary, died (or dies) or became (or be- (a) EXTENSION OF DURATION.—Except as ‘‘(3) Purchase of library books, periodicals, comes) permanently and totally disabled due otherwise provided in this Act, the author- technical and other scientific journals, to injuries suffered in the terrorist attack on ization of appropriations for, and the dura- microfilm, microfiche, and other educational September 11, 2001. tion of, each program authorized under the materials, including telecommunications (3) ELIGIBLE PARENT.—The term ‘‘eligible Higher Education Act of 1965 (20 U.S.C. 1001 program materials. parent’’ means the parent of an eligible vic- et seq.) shall be extended through July 1, ‘‘(4) Support for needy postbaccalaureate tim if— 2012. students including outreach, academic sup- (A) the parent owes a Federal student loan (b) PERFORMANCE OF REQUIRED AND AU- port services, mentoring, scholarships, fel- that is a consolidation loan that was used to THORIZED FUNCTIONS.—If the Secretary of

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.020 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1350 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Education, a State, an institution of higher est people in this country, and raised As we saw from 1995 to 2000, the ques- education, a guaranty agency, a lender, or the cost of education to America’s fam- tions employers were asking was not another person or entity— ilies and students at a time when the your race, not your ethnicity, not your (1) is required, in or for fiscal year 2004, to cost of education is outstripping the religion, they wanted to know if you carry out certain acts or make certain deter- ability of those families to pay for it. minations or payments under a program had the skills and talents to do the job. under the Higher Education Act of 1965, such This amendment would also establish Most often today, those skills and that acts, determinations, or payments shall be a new predominantly black-serving in- talent requires a higher education. A required to be carried out, made, or contin- stitutions programs to boost college college education is going to have to ued during the period of the extension under participation rates for low-income become as common as a high school this section; or black students, including students in education. (2) is permitted or authorized, in or for fis- rural areas who attend 2-year colleges. But if families can cannot meet this cal year 2004, to carry out certain acts or It creates a new graduate Hispanic- gap, if they cannot provide that make certain determinations or payments serving institution program and sig- money, if the government will not under a program under the Higher Education nificantly simplifies the student aid Act of 1965, such acts, determinations, or help, you are talking about millions of payments are permitted or authorized to be application process by creating a sim- students who are not going to be able carried out, made, or continued during the plified and short application, repeals to participate. That is not good for period of the extension under this section. the anti-consumer single lender rule so those students, it is not good for those (c) EXTENSION AT CURRENT LEVELS.—Unless that borrowers can choose with which families, it is not good for the econ- the amount authorized to be appropriated for lender they want to consolidate their omy, and it is not good for America. a program described in subsection (a) is oth- loans, and does a number of other This is a chance to reverse that ac- erwise amended by another section of this things in the underlying bill. tion. This is a chance to make a down- Act, the amount authorized to be appro- But the critical point here is to re- priated for such a program during the period payment on reducing the cost, increas- verse the rate on student aid, to re- ing the affordability. All of the studies of extension under this section shall be the verse the largest cuts in the history of amount authorized to be appropriated for tell us that the increasing costs are such program for fiscal year 2004, or the the program. Why do we say that is outrunning the ability of families and amount appropriated for such program for necessary? Because here is the situa- students to pay for that education. such fiscal year, whichever is greater. Except tion. This is the trend line on the per- Mr. Chairman, I reserve the balance as provided in any amendment to the Higher centage of the college education that a of my time. Education Act of 1965 enacted during fiscal maximum Pell Grant will cover. In Mr. MCKEON. Mr. Chairman, I yield year 2005 or 2006, the amount of any payment 2000, it was about 41 percent. Now what myself such time as I may consume. required or authorized under subsection (b) we see is it is drifting down to 30 per- in or for the period of the extension under This is an interesting debate we have cent, and it is headed down to 27 per- had to this point. This is a bill we have this section shall be determined in the same cent because of that. manner as the amount of the corresponding been working on now for 3 years. Up payment required or authorized in or for fis- In this legislation, the Republicans until 2 days ago, it was totally a bipar- cal year 2004. will tell you that they have authorized tisan effort. As you can see in their (d) ADVISORY COMMITTEES AND OTHER ENTI- an additional $200 on the Pell Grant. substitute, they include many of the TIES CONTINUED.—Any advisory committee, That will barely have any effect on this things that we have in the underlying interagency organization, or other entity graph. But more importantly, last bill. We have a basic difference of opin- that was, during fiscal year 2004, authorized night, their Budget Committee did not ion that the gentleman has pointed or required to perform any function under report out a budget that has that the Higher Education Act of 1965 (20 U.S.C. out. money in it. So it is interesting rhet- I look at it a little differently than 1001 et seq.), or in relation to programs under oric, but it does not have any money that Act, shall continue to exist and is au- he does. I feel it is not totally the Fed- thorized or required, respectively, to perform for these same low-income students eral Government’s responsibility to such function for the period of the extension that are losing their ability to cover provide for all of higher education. under this section. the cost of an education. When I introduced a bill a few years It used to be, this year and last year, The Acting CHAIRMAN. Pursuant to ago to try to keep the cost of higher if this student worked full time during House Resolution 742, the gentleman education down, because it has been the summer, if this student worked from California (Mr. GEORGE MILLER) going up for the last 20 years at four part time during school, they could and the gentleman from California (Mr. times the ability of people to pay, I cover this gap. That is no longer true. MCKEON) each will control 15 minutes. This year, they are not going to be able said it is important that the Federal The Chair recognizes the gentleman to cover it with the jobs that most stu- Government, the State government, from California. dents have during the school year, and the schools, the lending institutions, Mr. GEORGE MILLER of California. that gap is getting worse and it is wid- the parents, the students all come to- Mr. Chairman, I yield myself 5 min- ening. gether to solve this problem, and I still utes. That is why it is essential that we feel that way. I feel it is important for The Democratic substitute has been vote for the substitute amendment to all of us to come together to solve this made in order to address some critical make a downpayment on reversing the problem, not simply the Federal Gov- shortcomings in the underlying bill. new costs that are imposed on these ernment to pick up whatever the dif- My cosponsors, Mr. KILDEE, Mr. SCOTT families and these students who are ference is. As schools continue to in- of Virginia, Mr. DAVIS of Illinois, and struggling to purchase an education. crease their fees and tuition, the Fed- Mr. GRIJALVA, join me in offering this That raid on student aid last year was eral Government should not have the substitute. the most expensive raid to families in responsibility of picking up all of the First and foremost, this substitute the history of this program. difference. will make a downpayment on the first They can talk all they want about Mr. Chairman, I yield such time as he year’s effort to reduce college costs to the additional money going to Pell may consume to the gentleman from those students most in need by cutting Grant, it is an entitlement program, Florida (Mr. KELLER), the chairman of the interest rate, the new fixed rate in- but the fact of the matter is the money the Subcommittee on Higher Edu- terest rate, in half from 6.8 percent to that students are getting is covering a cation to let him further go into some 3.4 percent in July of this year. This lower percentage of the cost that they of the differences and some of the will be the first effort to reverse the encounter when they go to school. things that we have done in the past most egregious action that this Repub- This is a fundamental determination. and some of the things that we do in lican-led Congress did to America’s Pick your side, folks. You can be on the underlying bill for the importance families and to the students and chil- the side of tax cuts for the oil compa- of higher education for our students of dren who are trying to pursue a college nies, or you can decide you are going to this country. education when they took $12.5 billion help families and students that are Mr. KELLER. Mr. Chairman, I be- out of the student aid accounts, took it struggling to get what is now abso- lieve the American people are entitled and whisked it away to tax cuts for the lutely essential to their future partici- to some straight talk when it comes to oil companies, tax cuts for the wealthi- pation in America’s economy. higher education funding. This bill

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.020 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1351 strengthens Pell Grants. It expands cent. No increase whatsoever. And so grams for individuals who are missing Perkins student loans and increases ac- now they are opposing something that out already. cess to college for millions of students. they all thought was a good idea. There is nothing more important Now Mr. MILLER has a substitute So, Mr. Chairman, I would argue that than the opportunity to achieve some that he would like us to vote for, but it we have a pretty darn good bill that we form of higher education, and, Mr. has three critical flaws. The first flaw can be proud of, a bill that increases Chairman, I just had hoped that I was is the name itself, ‘‘Reverse the Raid Pell Grants, a bill that expands Per- going to be able to vote for a bill that on Student Aid.’’ Don’t believe the kins loans, a bill that is going to make expanded opportunities. Unfortunately, hype. Not one student in America will it possible for young people all across this bill will not expand opportunities. receive less financial aid under our bill. America to go to college. I urge my Therefore, I will have to vote against it Not one. colleagues to vote ‘‘no’’ on the Miller and urge that we vote in favor of the The heart of our bill is Pell Grants, substitute and vote ‘‘yes’’ on the un- Miller substitute. the heart of all financial aid on the derlying bill. Mr. MCKEON. Mr. Chairman, I yield 5 Federal level. Mr. MCKEON. Mr. Chairman, I re- minutes to the gentleman from Indiana Now let’s look at the history of Pell serve the balance of my time. (Mr. SOUDER), a member of the com- Grant funding over the 20 years, and Mr. GEORGE MILLER of California. mittee. see if Republicans are in fact making, Mr. Chairman, I yield 3 minutes to the Mr. SOUDER. Mr. Chairman, there quote, ‘‘a raid on student aid.’’ The yel- gentleman from Michigan (Mr. KIL- are a couple of interesting things about low here shows the time period of 10 DEE). this substitute. One is that, as we just years when Democrats were in control Mr. KILDEE. Mr. Chairman, as I said heard from Subcommittee Chairman of Congress, and the red shows when yesterday, I would like to be down here KELLER, it is apparently a guideline of Republicans were in control of Con- on the floor to say that H.R. 609 is a the House that when the Democrats do gress. You see a dramatic increase in genuine bipartisan reauthorization of cuts, and they are real cuts in edu- the maximum Pell Grant award. Does the Higher Education Act. That is real- cation, it is not a cut. But when the this look like a raid on student aid to ly not the case. Two months after the Republicans actually increase, it is you? You have got to be kidding me. $12 billion heist on student aid, we are somehow a cut. And apparently the In fact, what is really instructive is, considering another bill that is a reason is because they are pro-edu- if you look at the last 3 years when the missed opportunity. I am proud to join cation and we are anti-education. So if Democrats were in control, they had a Ranking Member MILLER, along with we increase the money, it is still a cut. Democrat House and a Democrat Presi- Representatives BOBBY SCOTT, DANNY But if when they were in power they dent, Bill Clinton, and they actually DAVIS, and RAUL GRIJALVA in offering a cut the money, it is not a cut. And it cut Pell Grant funding 3 years in a row. higher education bill that is in touch becomes very confusing to the Amer- It went from $2,400 down to $2,300. with the needs of everyday Americans. ican people because they thought the The second critical flaw with the Instead of missing another oppor- way you measure a cut is if the spend- Miller substitute is this amendment tunity to expand college access, this ing goes down like it did under Demo- does not retain the $6,000 maximum substitute seizes this opportunity to crat control. And they thought the way Pell Grant award that our legislation make college more affordable by slash- you measure an increase is when the has. In fact, they stay with the same ing interest rates in half for the next spending goes up, not just based on a old $5,800 maximum award. So this sub- year. This is a down payment on re- claim that you are more pro-education stitute legislation, Reverse the Raid on versing the raid on student aid. Addi- or anti-education. Student Aid, provides less for Pell tionally, it will expand college partici- Another interesting thing here is Grants. pation rates for minority students by that when the Republicans float out establishing a graduate Hispanic-serv- things for 1 year, as 1-year proposals, b 1300 ing institution program and a predomi- we hear it is a gimmick, it is a gim- Instead of $6,000, $5,800—how could nantly black institution program and mick, they are merely trying to pos- that possibly be that we have a Demo- by providing additional assistance for ture for the election. But when the crat substitute that actually calls for tribal colleges. Democrats roll out a 1-year rollback, less awards of Pell Grants? Well, don’t Instead of supporting the Missed Col- apparently that is not posturing for an call it a comeback. We have been here lege Opportunity Act, I ask my col- election. That is real serious policy for years. It happened before. Their leagues to seize this opportunity to act trying to benefit the students of Amer- last 3 years in power cut Pell Grants. in the interest of students and families. ica because there is a terrible raid on Here we have another attempt to do America’s students and families de- the student loan system. But a 1-year the same thing. serve better. Vote ‘‘no’’ on H.R. 609. moratorium from the other side It has a third flaw. It says that we Vote ‘‘yes’’ on the Democratic sub- couldn’t possibly be a gimmick because are going to have a 3.4 percent interest stitute. Democrats don’t do gimmicks. Only rate for 1 year that is going to cost $2.7 Mr. GEORGE MILLER of California. Republicans do gimmicks. Democrats billion, but it has no offsets whatso- Mr. Chairman, I yield 3 minutes to the don’t do cuts in education because only ever. How do they pay for it? They gentleman from Illinois (Mr. DAVIS). Republicans do cuts in education. don’t tell us. Well, if it is just a gim- Mr. DAVIS of Illinois. Mr. Chairman, Now, fundamentally, we have had a mick to have a lower rate without any let me, first of all, thank the gen- lot of misinformation and struggling way to pay for it, why make it 3.4 per- tleman from California for yielding. about this student loan question. At cent? Why not 2 percent? Why not 1 You know, I have listened to this de- least we aren’t hearing about the failed percent? Why not interest-free loans? bate for the last several days, and even policies of direct lending. We are now It is crazy. The truth of the matter is several weeks. And how you can take arguing how you do this in the domes- in 2002 Republicans and Democrats and $12 billion out of the pot and then tell tic market because, in fact, the private student groups all got together and de- us that you are going to expand and in- sector market showed you could more cided in a bipartisan manner what crease student aid, I just can’t rec- efficiently do student loans and you would be a fair fixed interest rate. oncile that. I just don’t know how to could manage student loans better and They decided on 6.8 percent. They reconcile that kind of language. have fewer bad debts and get the rates voted in favor of this in 2002, the Demo- But I do stand in strong support of down for students. And that is why we crats who offer this motion. In fact, in the Miller-Kildee-Scott-Davis-Grijalva are not arguing direct lending today; December of this last year when we substitute because it cuts interest we are arguing, in fact, a process of supposedly cut all this money, it was rates in half for the borrowers, for the what happened in the budgetary ac- going to be the interest rates were students, those who need the money counting of when we went to a fixed going to remain at 6.8 percent. That is the most. It would make college afford- rate versus a variable rate. In fact, the the existing law. And, in fact, in July able for large numbers of individuals rate for student loans is higher right they would go to 6.8 percent. How much who otherwise will never see the light now than it is in the bill, 6.8. But be- is the interest rate in our bill? 6.8 per- of day. But it also would establish pro- cause of the variable rate that was left

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.043 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1352 CONGRESSIONAL RECORD — HOUSE March 30, 2006 in the previous bill, it was scored dif- Mr. GEORGE MILLER of California. b 1315 ferently. I yield 3 minutes to the gentleman One of these bills recognizes the af- Now, in fact, the government has to from Arizona (Mr. GRIJALVA), a mem- fordability gap, if you will, between the pick up the difference. If the rate goes ber of the committee. cost of a college education and the higher, we fix the students at 6.8. Now, Mr. GRIJALVA. Mr. Chairman, I rise struggles of American families and stu- if there is a criticism to be made of the today in support of the Democratic dents to purchase that education. I ap- Republicans, it is that the alleged sav- substitute. I was proud to put my name preciate all the discussion by the pre- ings may not be real if the interest on that substitute because I believe vious speakers as to how they have au- rates go up. But there is no cut to stu- that it does more for students than the thorized an increase in the cap and dent loans to students. It is cheaper for underlying bill in front of us today, they have done all this. The fact of the students, and we have guaranteed now and because, quite frankly, I want our matter is, there is no money for that a fixed rate so they don’t have this children and our grandchildren to be authorization. The President promised bubble that hits. And just because able to afford to go to college. that he was going to raise it to $5,100, there is a lot of confusion, because of H.R. 609, coupled with the $12 billion no money has been forthcoming. In the accounting of how you do student Congress cut from student aid and the fact, if you look over the last 5 years, lending doesn’t mean that you can President’s zero funding of key student there is $16 billion in additional spend- come to the House floor and dema- loan programs, is setting us back, not ing for education that is over and gogue like we have cut student loans, forward. I remember when the Federal above what the Republicans have re- that we have taken the money out. Government actually helped students ported out of the appropriations cycle Furthermore, there is no offset to go to college, when a Pell Grant cov- over those last 5 years. So this promise this. To the degree that we are going to ered almost all of tuition expenses in a of additional money some time in the give them a 1-year gimmick loan, how public university. Today, a maximum future if you vote for this authoriza- are we going to pay for it? Pell Grant barely covers a third. My friend and colleague who I have tion is brought to you by the very same I oppose 609 because it includes many known for many years and I know he is people who, over the last 5 years, have provisions that hurt students in the very passionately in favor of education, been cutting education over and over long run and omits many others that the only thing he mentioned as an off- and over. And that is why you see this would have helped them. set are tax cuts for the rich, which ap- gap, this gap between the cost of an If the Rules Committee would have parently we have different definitions education and the ability of a family to allowed the amendment to prevent the of rich, but apparently this means, as pay for it and what a full-time Pell Department of Education from car- we have battled on this House floor, in- grant means to these students, that we rying out the $664 million recall of the creasing the taxes again on families are down now to about 30 percent of the Federal Perkins loan fund, a recall who have the child credit, because that real cost of that education. mandated by the President’s 2007 budg- What does that mean? That means is what we are trying to extend and et, that is potentially 463,000 lower- that these students are struggling and which is being blocked. And you can’t in many instances fully qualified stu- give a 1-year bonus to a family by sub- class and middle-class students and dents are not able to take advantage of sidizing at the Federal level the stu- their families who will lose out on a going to college. That is just unaccept- dent loan and then take it back by tak- key part of financial aid. We did noth- able in this country. ing away their child credit. What does ing about that. Another example is the single defini- They said that they did not do more that do? That is more than the loan. of this because they did not think it And it is not 1 year; it is for multiple tion of an institution of higher learning I think poses a dangerous threat. It was totally the responsibility of the years. Federal Government to pay for an edu- Furthermore, they favor taking away opens the door to potential future cation. Well, let me explain to them, the dividend and capital gains credits. abuse of Federal aid by for-profit insti- students are deeper in debt. Families Well, how do people get jobs? So if you tutions. We should be protecting our don’t grow jobs in Indiana and the rest students from fraud, not welcoming it are deeper in debt. They are borrowing of the country and then you say good through the door. more money than ever. You have raised luck getting a student loan, to work H.R. 609 falls short again on funding the limits on how much they can bor- where? If we don’t keep the economy Pell Grants. A $200 increase through row because they have to borrow. More growing, if we tax the economy to fund the year 2013 barely covers the real students are working more hours to try a temporary 1-year gimmick in the stu- costs, and the President has frozen the to make up for the money that they dent loan and kill the economy, why do maximum grant at 4,050 for 4 consecu- cannot borrow, the money that they do we need to go to college? tive years. not get in grants. And what we are sug- Now, we all know that, as Mr. MIL- I think the substitute does provide gesting is for the students and the fam- LER said, everybody is going to need a for the real value of Federal aid in ilies in the most need, in the most college degree if you are going to com- helping students realize their dream need, that we roll back the increased pete in the world economy; and a grad- and helping their families realize the cost that you are going to saddle them uate degree is going to be like the old dreams of their kids going to college. with in July and go to a 3.4 percent in- days of the college degree. And we have But I think what the substitute says, terest rate rather than a 6.8 percent in- to tackle this spending question. Every above all, is that we can and we must terest rate. time we reduce student loans, tuition do better. In December, the House Re- There is no way to suggest that goes up. And quite frankly, in Indiana publicans voted to cut $12 billion from somehow this would make it totally and elsewhere, we have increased the Federal student aid program. the responsibility of the Federal Gov- money dramatically in Washington. Democrats came out in force and not ernment. That is laughable around Where are the States? one of us voted in favor of that bill. I every kitchen table in America. As Individuals have a responsibility too. ask my colleagues to join me again in families are sitting down with their It isn’t just the Federal Government opposing H.R. 609 because it is not young people and trying to put their that has to meet this challenge in enough, and support the Democratic al- aid packages together, the loans, the funding it; but the States need to, en- ternative and then vote ‘‘no’’ on the grants, the borrowing, the family con- dowments need to, and the private sec- final passage of the Missed College Op- tribution, the work of their students, tor needs to. We have a share of that. portunity Act. to see whether or not they can acquire We are guaranteeing most of these Mr. MCKEON. Mr. Chairman, I re- a 2-year or 4-year education, they loans. We have increased the Pell serve the balance of my time. would laugh in your face if you said, Grants. We have increased the pool. We Mr. GEORGE MILLER of California. well, this is all the responsibility of the have made a stable interest rate now. Mr. Chairman, and Members of the Federal Government. No. The Federal We have lowered the cost of education committee, we have come to the end of Government made a decision after and increased the Federal funding. And this debate, and we must address a fun- World War II that we thought that peo- I urge a strong ‘‘no’’ to this Democrat damental distinction between these ple should not be turned away from substitute amendment. bills. college because they cannot afford it.

VerDate Aug 31 2005 23:57 Mar 30, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.045 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1353 And that is the people that we are try- petitiveness. All very important things higher education bill to the floor. Their claim ing to help, and that is the people, that we are dealing with at the current was that it would strengthen and improve the those most in need, that we are trying time. nation’s higher education system by expand- to help with this substitute, with Mr. One of the other things they have in ing college access for low- and middle-income GRIJALVA, Mr. SCOTT, Mr. DAVIS, Mr. their substitute is they lower student students. But in reality it fails to provide ur- KILDEE, and myself, because those are loan interest rates. Now, interest rates gently needed assistance for millions of low- the people who tragically and unfortu- are really an interesting thing. I re- and middle-class families that are trying to fig- nately and unnecessarily are making a member back about 30 years ago when ure out how to pay for their children to go to decision. Mr. Carter was President, interest college. The other charge was that the only rates got up to 19, 20, 21 percent, and This past December House Republicans thing I could suggest where you could that just seemed to be the norm. It voted to cut the student loan programs by $12 pay for this was tax cuts to the looked like it was going to go on for- billion and these cuts included many signifi- wealthy. I will give you another one. ever. When we passed the reauthoriza- cant changes to the Higher Education Act, How about the tax cuts to the oil com- tion of the Higher Education Act in none of which expand access to college or panies that you did in the energy bill? 1998, we lowered interest rates, and we make college more affordable for students and Maybe you can take those oil compa- have been living with lower interest their families. The bill put forward by the ma- nies that have world record-breaking rates for students even though their jority does nothing to make up for these dra- profits and maybe you could ask them loans have gone up from $8,000 average conian cuts. to give back some of the tax cuts you to $18,000 average. They are still paying Today Mr. Chairman, we offer our substitute gave to them last month or the month about the same amount of interest in in an attempt to make students whole again. before and use that to help pay for the repayment. That was due to the work Our substitute offers real financial assistance education of those families and chil- that Mr. KILDEE, myself and the Con- to needy families. It cuts interest rates in half dren most in need. gress did in 1998. That was a good thing for borrowers in most need by lowering the So this legislation just shows two for students. Now they are talking cost of college by $2.4 billion for students and real differences between the parties: about how bad the interest rate of 6.8 their families. It lowers the cost of student loan The party that continues to cut edu- percent is. The Fed increased the inter- interest rates for middle and low-income fami- cation almost $16 billion more than est rate this last week. Interest rates lies. Specifically, we offer a 3.4 percent fixed what Congress finally reported out be- are going up. Who knows what they are interest rate to students who take out sub- cause the Democrats took them drag- going to be like in the future? sidized loans between July 1, 2006 and June ging and screaming, and the party that Let me read what Mr. MILLER said 30, 2007. is going to decide that we are going to when we worked together in 2002 to set Our Substitute also helps boost college par- help these families. And we are either the interest rate: ‘‘Over the last sev- ticipation rates for minority students. It estab- going to roll back that raid on student eral months, PIRG has worked closely lishes a graduate Hispanic Serving Institution aid with this down payment or you are with other student advocates and the program. It establishes a Predominantly Black going to neglect the needs of these lending community to develop a com- Institution program that would boost college families and students. And I hope that promise that will deliver low-cost opportunities for low-income and first-genera- people will vote for the substitute and loans to student borrowers and main- tion Black college students. Our substitute tain the stability of the guaranteed against the bill. also increases the tribal college minimum student loan program. We’re confident Mr. MCKEON. Mr. Chairman, I yield grant and stabilizes tribal college construction that S. 1762 does this, and we applaud myself the balance of my time. by ensuring that funds for used for construc- Mr. Chairman, this has been an inter- the passage of the provision.’’ What that did was set interest rates tion under HEA are guaranteed. esting debate. I hope those who have Mr. Chairman, the cost of tuition should not followed it have followed it closely. I at 6.8 percent. Mr. GEORGE MILLER of California. stand between a qualified student and a col- think if you have listened to most of Mr. Chairman, will the gentleman lege education. Congress should not miss an what the other side has talked about, yield? opportunity to help American families pay for they are complaining about what we Mr. MCKEON. I yield to the gen- college. Our bill offers families a real solution did a couple of months ago in the Def- tleman from California. to the problem of rising tuition costs. We make icit Reduction Act to try to bring some Mr. GEORGE MILLER of California. good on our promise to put a college edu- controls to the budget. There have not That was a 6.8 cap with a variable rate cation within the reach of American students been many challenges to the bill, and underneath. and families. I urge my colleagues to support you can see the substitute that they Mr. MCKEON. You were not alone, this substitute. are putting in now, most of what they Mr. MILLER. The Student Association Mr. CUMMINGS. Mr. Chairman, I rise today have in the substitute we have in our said: ‘‘The advocates say they arrived to oppose the College Access and Opportunity bill. at the proposed 6.8 percent by deter- Act of 2005, H.R. 609, and in support of the The new graduate Hispanic-serving mining the average rate that borrowers Democratic Substitute. institutions program, very important. would pay over the next 10 years, as Helping millions of Americans reach the full- Year-round Pell Grants. These are projected by the Congressional Budget ness of their potential is the 40 year legacy of things we have in the bill. Office, if the formula change were to the Higher Education Act that we are called to As you can see this chart shows how take effect. ‘Financially we believe honor in the reauthorization bill before us public 4-year institutions’ and private that this would be a very good deal for today. Unfortunately, H.R. 609 falls short of 4-year institutions’ costs, tuition and students,’ said Corye Barbour, legisla- fully embracing this legacy, for it fails to en- fees, have been going up in the last 10 tive director for the United States Stu- sure that those who wish to better themselves years. If we carried it back further, you dent Association. ‘We also think this through a postsecondary education are able to can see it is even worse. For over 20 would add much needed simplicity to realize that goal unrestrained by the shackles years, the cost of college university the student loan program,’’’ 6.8 per- of financial disadvantage. higher education has gone up at four cent, what this law that we are asking Make no mistake, in today’s global economy times people’s ability to pay. We are you to support puts into effect. characterized by competition and trans- very concerned about that. That is why We really need to come together, the formation, a postsecondary education has it is important that we do the things Federal Government, State govern- never been so vital to so many. The Bureau that we are doing in this bill to bring ment, schools, lenders, parents, stu- of Labor Statistics recognized this when it con- more affordability, more accessibility, dents, to solve this problem. The bill cluded that a postsecondary education will be more accountability to higher edu- that we have before us today, H.R. 609, necessary for 42 percent of the jobs created cation. goes a long way to making that hap- in this decade. In the bill, we strengthen Pell pen. I encourage my colleagues to vote The U.S. Census Bureau acknowledged this Grants. We provide students and par- against the substitute; vote for the un- fact when it reported that those with a bach- ents with more information, and we derlying bill. elor’s degree earn on average $1 million more shine a spotlight on excessive tuition Mr. SCOTT of Virginia. Mr. Chairman, yes- over their lifetime than those with only a high rates. And we enhance American com- terday the Republican leadership brought their school diploma. The fruits of a postsecondary

VerDate Aug 31 2005 02:04 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K30MR7.047 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1354 CONGRESSIONAL RECORD — HOUSE March 30, 2006 education also frequently include improved ac- from the clutches of poverty, crime, drugs, and AMENDMENT NO. 8 OFFERED BY MR. MCKEON cess to high-quality healthcare, housing, hopelessness, and we help safeguard our Na- The Acting CHAIRMAN. It is now in childcare, and a host of other social benefits tion’s prosperity for generations yet unborn. order to consider amendment No. 8 that typify the fulfillment of the American If the Democratic substitute to H.R. 609 is printed in House Report 109–401. dream. not adopted, I encourage my colleagues to Mr. MCKEON. Mr. Chairman, I have a With limited Federal resources, dramatic tui- vote against H.R. 609 on final passage. pro forma amendment made in order tion increases, and our nation’s continuing Mr. LARSON of Connecticut. Mr. Chairman, under the rule. shift to a knowledge-based economy, the need I rise in support of the Democratic alternative The Acting CHAIRMAN. Pursuant to to ensure that the programs authorized under to H.R. 609, the College Access and Oppor- House Resolution 742, the gentleman the Higher Education Act are effective and ef- tunity Act that would help more students and from California (Mr. MCKEON) and a ficient has never been greater. families pay for higher education. Member opposed each will control 5 Unfortunately, the bill before us would be With millions of American families struggling minutes. more aptly named the ‘‘Missed College Oppor- to pay for college, it is critical that Congress The Chair recognizes the gentleman tunities Bill.’’ To begin, H.R. 609 represents a act to make college more affordable. Unfortu- from California. wasted opportunity to deal with the $12 billion nately, H.R. 609 does little to increase the ac- Mr. MCKEON. Mr. Chairman, I yield that was eviscerated in student aid programs cess and affordability of higher education and myself 11⁄2 minutes. under the recently passed reconciliation bill. actually cuts $8.7 billion from student aid pro- I yield to the gentlewoman from At a time when we should be using the re- grams. This bill would, among other things, Ohio. authorization of the HEA to right the wrongs of freeze the authorized level of maximum Pell Ms. PRYCE of Ohio. Mr. Chairman, I reconciliation by redirecting those funds to ex- Grant scholarships $200 above the current rise for the purpose of a colloquy with pand and strengthen grants and low-interest level through 2013. With the cost of tuition ris- the chairman. loans, H.R. 609 simply does too little, too well. ing more than 6 percent every year, a flat- Mr. Chairman, I want to compliment More specifically, I am deeply troubled that lined $200 increase provides no relief for the you on the great job you have done H.R. 609 does not include a mandatory in- 37,500 students in my home state of Con- with this bill and let you know how crease in the Pell Grant, the cornerstone pro- necticut that receive Pell Grants. heartily I support it. gram of federal financial aid. According to the College Board, the typical There is a national program that you The maximum Pell Grant award for the last student who borrows to finance a bachelor’s are aware of, Project GRAD, which has three years has been frozen at $4,050 and its degree at a public college or university grad- proven highly effective in increasing purchasing power has withered away to cover uates with $15,500 of debt and at private non- the number of low-income students just 30 percent of the average cost of attend- profit institutions graduates with $19,400 debt. who graduate from high school and en- ance at a four-year public college. To assist students and families struggling with roll in college by reaching out to stu- Yet H.R. 609 authorizes only a paltry in- this debt, Congress passed legislation in 2002 dents beginning in kindergarten and crease of $200 in the Pell Grant. Moreover, that lowered the interest rate cap on student staying with them through college. the bill does not comprehensively lessen the loans to 6.8 percent starting in July of 2006. Project GRAD has four sites in my college loan burden at a time when the aver- However, the bill on the floor today would home State and several theater age college graduate now owes $17,500. raise the interest rate cap to 8.25 percent. As schools. The bill also continues to encourage the a result, the typical student borrower, with Mr. Chairman, is it the intention of waste of billions of tax payer funds by not en- $17,500 in debt, would be forced to pay as the committee that this bill will allow couraging the utilization of the Direct Loan much as $2,600 more in interest on those funding for this type of program? program, which a large body of evidence has loans. Mr. MCKEON. Yes. H.R. 609 incor- shown to be the more cost effective Federal In contrast, the Democratic alternative would porates a new use of funds under the loan program. cut interest rates in half for students with sub- Fund for the Improvement of Postsec- Surprisingly, just months after the President sidized loans—from 6.8 percent to 3.4 per- ondary Education for integrated edu- acknowledged in his State of the Union ad- cent—which means $2.5 billion in interest rate cation reform services in order to im- dress that we need to expand our commitment relief for middle and low income families. The prove college access and opportunity. in the fields of math, science, and engineering Democratic substitute would also create a pilot Under this allowable use, Project to maintain our economic preeminence, H.R. program for year round Pell Grants, simplify GRAD will be able to compete for Fed- 609 fails to address this National crisis in any the student loan application process, and pro- eral funding. comprehensive manner. vide loan forgiveness for nurses, highly-quali- I recently had the opportunity, at The Democratic Substitute would correct fied teachers in bi-lingual and low-income your urging, to visit a Project GRAD these inadequacies, cutting in half interest communities, librarians, first responders and program in my home State of Cali- rates on loans for low- and middle-income stu- other public servants. fornia, and they are doing a wonderful dents most in need of help—from 6.8 percent As a nation, we must invest in higher edu- job and generating very impressive re- to 3.4 percent—starting in July 2006. The cation if we are going to boost America’s eco- sults. I am grateful to you and Mr. Substitute also establishes a Predominantly nomic competitiveness and continued pros- TIBERI and Mrs. MCCARTHY for your Black Institution program; a graduate Hispanic perity. Hardworking families and students de- diligent efforts in this. Serving Institution program; and, provides ad- serve better. I urge my colleagues to join me Ms. PRYCE of Ohio. I thank the ditional assistance for tribal colleges. in rejecting the underlying bill and supporting chairman so very much for his willing- On balance, there are some features in the the Democratic alternative that would truly ness to include this language in the bill base bill that I support. I am encouraged by: make college more accessible and affordable and for his efforts to support this valu- (1) the inclusion of Coppin State University as to more Americans. able program. a qualified graduate program, in my district; Mr. MCKEON. Mr. Chairman, I yield I would like now to yield to the gen- (2) the authorization of year-round Pell Grants; back the balance of my time. tlewoman from New York, who has (3) the creation of new loan forgiveness provi- The Acting CHAIRMAN (Mr. been a tireless advocate for Project sions in areas of national need; and (4) the CHOCOLA). The question is on the GRAD and a leader on this issue. change in the needs analysis that permits amendment offered by the gentleman Mrs. MCCARTHY. I thank my col- early estimates to help students and families from California (Mr. GEORGE MILLER). league for yielding. anticipate financial aid eligibility. But these The question was taken; and the Act- I too would like to thank the chair- changes are not enough to overcome the bill’s ing Chairman announced that the noes man for his comments and support. We shortcomings. appeared to have it. are fortunate to have a Project GRAD Mr. Chairman, the measure of our commit- Mr. GEORGE MILLER of California. program in my district on Long Island. ment to postsecondary education is found not Mr. Chairman, I demand a recorded It is making a critical difference in the in the quality of our towering words, but by the vote. lives of many of the students. I appre- quality of our actions that help needy students The Acting CHAIRMAN. Pursuant to ciate all the help. I hope we can even- and families afford a first-rate higher education clause 6 of rule XVIII, further pro- tually get funding for these programs. that is relevant in the 21th Century. ceedings on the amendment offered by Ms. PRYCE of Ohio. I thank the gen- By providing students in our Nation with the gentleman from California will be tlewoman for her comments, and I also such an education, we help save our children postponed. would like to acknowledge the hard

VerDate Aug 31 2005 00:42 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.024 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1355 work of Congressman TIBERI on this Mr. GEORGE MILLER of California. munity on the illegal downloading of issue as well and thank him for his ef- Mr. Chairman, do I have 5 minutes? copyrighted material, including work- forts and, once again, thank the chair- The Acting CHAIRMAN. The gen- ing on report language during the con- man. tleman from California has 5 minutes. ference committee to ensure that col- Mr. MCKEON. Mr. Chairman, I yield Mr. GEORGE MILLER of California. leges and universities take seriously myself 2 minutes, and I yield to the I would be happy to yield 2 minutes to their obligation to aggressively tackle gentleman from Virginia. the chairman for the purpose of these this problem. Mr. GOODLATTE. Mr. Chairman, I colloquies. Schools should have policies in place too want to congratulate you for the Mr. MCKEON. Mr. Chairman, I thank accompanied by strong punishments to hard work that you have put into this the gentleman for yielding, and I yield notify students that unauthorized legislation and thank you for that. to the gentlewoman from California. downloading and sharing is illegal. I I know that you agree that peer to Mrs. BONO. What perfect timing, Mr. thank the gentleman for his strong peer piracy is a serious challenge on Chairman. I can thank you again and leadership on this issue and for bring- college and university campuses. This congratulate you again on your posi- ing attention to this issue. activity is not only theft but also ex- tion and also thank the ranking mem- Mr. Chairman, I reserve the balance poses college and university informa- ber for his generosity. of my time. tion technology infrastructures to se- I want to join my colleagues to re- How much time do I have remaining, curity risks from spyware. There is bi- mind everybody that in college, plagia- Mr. Chairman? partisan agreement that these institu- rism can be an expellable offense. Col- The Acting CHAIRMAN. The gen- tions should have effective policies and leges play a key role in teaching us tleman has 1 minute remaining. punishments in place to deter this ille- Mr. MCKEON. And the gentleman that stealing someone else’s work by gal activity, and I am asking if you from California has? plagiarism is just not acceptable. would commit to working with me to The Acting CHAIRMAN. The gen- Just imagine the positive contribu- combat peer to peer piracy on college tleman from California (Mr. MILLER) tions colleges and universities could and university campuses. has 3 minutes remaining. lend our economy and way of life if Mr. MCKEON. I certainly understand Mr. MCKEON. I reserve the balance of and share the gentleman’s belief that they took the lead in teaching students my time. illegal downloading of copyrighted ma- the value of intellectual property. Mr. GEORGE MILLER of California. terial on college campuses is a serious Therefore, Mr. Chairman, I hope that Mr. Chairman, I thank the gentleman matter. I strongly believe that policy- you will work with me and my col- for entering into these colloquies, espe- makers, institutions of higher edu- leagues to create such a new environ- cially the colloquy on the question of cation, and those in the recording and ment, including possibly holding a intellectual properties and the protec- motion picture industries have to hearing before the House Education tion of intellectual properties. make a renewed commitment to ad- and the Workforce Committee. I look Mr. Chairman and Members of the dress the important issue of piracy on forward to doing so with you and with House, I would simply say that I think college campuses. You have my com- your leadership. with the substitute that we will be vot- mitment to work with you on this I yield to you for your comments. ing on here in a few minutes and the issue. Mr. MCKEON. Mr. Chairman, I thank other votes, and finally the vote on I now yield to the gentleman from the gentlewoman for her leadership on final passage, that we will have a clear California for his comments. this issue and share her concerns. We choice in this House. Mr. BERMAN. I thank the chairman will work on that. I would hope that Members of the for yielding. I congratulate him on his Mr. Chairman, I yield to the gen- House would join a very broad array of new position. tleman from Maryland. education organizations across the The gentleman from Virginia, the Mr. HOYER. Mr. Chairman, I thank country, from the American Federa- gentleman from Maryland, the gentle- the distinguished chairman. The gen- tion of State and Municipal Employ- woman from California, myself, and a tlewoman from California and I have ees, to the American Federation of number of other Members of the House cochaired a caucus on copyrights. We Teachers, the American Medical Stu- are driven by our concerns related to have worked very closely with Mr. dents Association, the Council of Chris- the lack of information available from GOODLATTE, and my good friend, Mr. tian Colleges and Universities, Lu- the university community about their BERMAN. theran Educational Conference, Min- antipiracy efforts. A Judiciary sub- I do want to acknowledge that the nesota’s Private Colleges, the National committee, chaired by Mr. SMITH of education community and the enter- Association of College Admission Texas, has issued a request to the Gov- tainment community have been work- Counselors, the National Association of ernment Accountability Office to gath- ing cooperatively, Mr. Chairman, for Independent Colleges and Universities, er data on whether schools have adopt- more than 2 years to develop ways to the National Education Association, ed strong acceptable use policies, en- reduce illegal file sharing and develop the Service Employees Union, State forcement mechanisms, in addition to legal alternatives. Public Interest Research Group, St. whether they are taking action on Some universities are true leaders, in Mary’s College in California, my fa- DMCA notices, and monitoring local fact, in combating piracy on campus. ther’s alma mater, as a matter of fact, agency networks where much of this But we have no data, Mr. Chairman, the United States Students Associa- piracy is taking place. This informa- that ensures that all institutions are tion, the University of Michigan Wom- tion is important so that the extent of aggressive in their efforts to educate en’s College Coalition, to vote ‘‘no’’ on the problem can be assessed. students on piracy and in deterring this legislation, and joining the organi- b 1330 this activity. I thank the gentleman zations like NAICU that say that they Mr. MCKEON. Mr. Chairman, I thank for agreeing to work with us on this will not support this legislation, but the gentleman for his work on this critically important issue, and I yield like myself and others, they want to issue. I am aware that there has been back to the gentleman from California. continue to work with the chairman as resistance to efforts to gather this in- Mr. MCKEON. Mr. Chairman, I thank this legislation moves forward into a formation. I hope it is clear to the uni- the gentleman from Maryland for his conference committee, hopefully soon versity community that Congress will work on this issue. As this bill moves with the Senate. continue to monitor such efforts. through the process, I will work with But I think the correct vote here at I now yield to the gentlewoman from the gentlewoman, with my good friend this time for America’s families who California (Mrs. BONO). from the State of California (Mr. BER- are struggling to pay for the cost of Mrs. BONO. I thank the chairman for MAN), my good friend from Virginia college, for the students who are strug- your willingness to address the issue, (Mr. GOODLATTE), my friend from gling to pay for the cost of college, and and I also want to congratulate you. Maryland (Mr. HOYER); you can see this for the contribution that these stu- The Acting CHAIRMAN (Mr. is a coast-to-coast issue; and others to dents, should they successfully com- CHOCOLA). The gentleman’s time has ensure that we have additional compli- plete their college education, the con- expired. ance from the higher education com- tribution that they will make to our

VerDate Aug 31 2005 00:42 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.049 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1356 CONGRESSIONAL RECORD — HOUSE March 30, 2006 society and to our economy, it is most Mr. HIGGINS. Mr. Chairman, I rise in oppo- Mr. Chairman, for example, I offered an important that we take this step pro- sition to H.R. 609, the Higher Education Reau- amendment with the purpose of helping those vided in the substitute to make a down thorization Bill. Today the House of Rep- who help our students. payment on reversing that raid on stu- resentatives wasted an opportunity to help mil- Unfortunately, my amendment hasn’t been dent aid and making a down payment lions of American students achieve a higher made in order. on the future of these students, their education and a more secure future. Just 2 My amendment would include those who families, our communities and this months after Republicans cut student aid by work as school counselors, school social country. $12 billion in the budget reconciliation bill to, workers, and school psychologists in the stu- There is no other way to do it, be- the largest cut in history, they are again mak- dent loan forgiveness program. cause with the current aid that we are ing higher education less affordable by placing Currently, the U.S. national average stu- providing, and the increases in the the burden of financing tax cuts for the dent-to-counselor ratio is 488: 1. In contrast, costs that will come on line on July 1, wealthy on the backs of students and their the maximum recommended student-to-counselor ratio is 250: 1. Sadly, some schools because of the actions this Congress families. took just a couple of months ago, I It is ironic that this bill is entitled the College don’t even have one full-time counselor. Mr. Chairman, my home State of California know they want to divorce these two Access and Opportunity Act, because in reality ranks last in student-to-counselor ratios, at the bills, but they are both parts of the it restricts access and denies opportunity. This astounding rate of 945 students for every 1 Higher Education Act in this Congress. bill breaks a promise to lower interest rates to counselor. Because of the actions they took, 6.8 percent for student borrowers. The bill School counselors provide valuable skills these families, unless you vote for the could reduce the number of doctors by making and coping strategies for dealing with issues substitute, they will be saddled with it overly cost prohibitive for students to study as diverse as home issues, career counseling, higher interest costs. Those families medicine by further restricting their ability to college placement and academic issues, con- are being put on notice now as they are consolidate debt or to receive a lower rate. flict resolution, and drug and alcohol issues. seeking out the loans necessary to pay Additionally, the bill freezes the maximum Pell Congress intended loan forgiveness to en- for that education. grant award and the Federal Work Study Pro- courage education professionals to serve in Mr. Chairman, I think we should send gram for the next 6 years; so much for access needy areas of the country. them some good news as they gather and opportunity. Counselors do a great deal to help improve around that kitchen table to try to de- I voted against H.R. 609 because there is a students’ readiness to learn, their quality of life termine whether or not they will be better option—the Democratic substitute. The at school, and their consequent educational able to take the opportunity available substitute would have re-directed Federal dol- achievement. to them in this country for a college lars recently cut from student aid to low inter- Mr. Chairman, let’s make sure we are mak- education, an opportunity that should est loans or grants to help students. But that ing our future the priority, and stop this on- never, ever be foreclosed, simply be- better option was voted down by the Repub- going raid on student aid. cause somebody cannot afford to take lican majority. The substitute would have cut Ms. KILPATRICK of Michigan. Mr. Chair- advantage of it. interest rates for students with subsidized man, the Republican higher education bill, the Mr. Chairman, I urge my colleagues loans in half, providing $2.5 billion in interest College Access and Opportunity Act, H.R. to vote yes on the substitute, and to relief for America’s middle and low income 609, represents a missed opportunity to make vote no on the bill on final passage, families. The substitute would also have es- college more affordable, boost America’s eco- and as I say, to join a very wide array tablished a new Black Serving Institution Pro- nomic competitiveness, and invest in Amer- of educational organizations, private, gram and a new graduate Hispanic Serving In- ica’s future. public, small, large, all across this stitution Program to boost college participation At its core, the Higher Education Act, HEA, country that have very serious prob- rates of low-income, black, and Hispanic stu- historically has sought to improve access to a lems with this legislation. Let’s not dents and to encourage minority students on college education for our Nation’s most needy turn it into the missed opportunity campus. Sadly, Republicans rejected the students. The current reauthorization bill does that we believe it is. amendment. little to fulfill this premise and has the potential Mr. MCKEON. Mr. Chairman, I yield Congress has a responsibility to help hard- to greatly detract from that important goal. The myself the balance of our time. working young men and women realize their goal of Congress and this bill should be to ex- Mr. Chairman, we have had a good potential through educational opportunities so pand higher education opportunities, not re- debate. I want my colleagues to under- that they can achieve the American dream. At strict them. Despite Republican leadership’s claims, stand we urge a ‘‘no’’ vote on the sub- a time when college costs are rising faster H.R. 609, the ‘‘Missed College Opportunities stitute. We urge an ‘‘aye’’ vote on final than inflation, we should not be restricting stu- Act,’’ does little to help the students it claims passage. dent financial aid, we should be encouraging to help. Just a month after cutting student aid Before I conclude I would like to young men and women to continue their edu- by $12 billion, Republicans continue to be out thank all who helped to make this bill cation, so that they can compete in the 21st of touch with the needs of American students possible. I do want to thank Ranking century global marketplace. Member MILLER, Ranking Member KIL- and families. I am saddened that this Congress passed H.R. 609 fails to provide a real increase in DEE, Subcommittee Chairman KELLER up the opportunity to create real access and student aid. and all of those who have worked on real opportunity for the men and women of my H.R. 609 fails to lower college loan interest this bill. district in western New York, but I want them rates. I want to thank Ellen Bammon for to know that I will keep fighting on their behalf. H.R. 609 freezes the authorized level of the the good work she did, and the mem- Ms. LEE. Mr. Chairman, I rise today in op- maximum Pell Grant scholarship—at just $200 bers of the staff on the other side of the position to H.R. 609. above current levels—through 2013 and it aisle. I want to thank Amy Raaf on our I ask you, when will the raid on student aid does not include any mandatory increase in committee, who has been working stop? Pell. night and day to get us to this point. H.R. 609 continues to deepen the wound al- The Democratic substitute, which was not I want to thank Krisann Pearce, who ready inflicted by the Republican tax reconcili- adopted, would have cut interest rates in half will be departing from the committee, ation bill that cut $12 billion in student loans, for the borrowers, from a fixed rate of 6.8 per- who has done yeoman’s work. I men- an continues the damage in President’s pro- cent to a low fixed rate of 3.4 percent. As a tioned yesterday Sally Lovejoy, who posed budget. result the costs of college would be lowered has been with the committee for 25 Mr. Chairman, today’s students are taking by $2.4 billion for low- and middle-income stu- years, who is leaving. out more loans, working longer hours, and dents. I want to thank Heath Weems from graduating with record amounts of debt, yet In addition to making college more afford- my personal staff; Bob Cochran, my this bill does nothing to increase the Pell able, the Democratic legislation would have chief of staff, who have all done great grant. boosted college opportunities for minority stu- work on this. The goal should be to make college afford- dents by: I want to thank Kathleen Smith and able and accessible for all. Yet again, with this Establishing a new Predominantly Black Alison Griffin, who have been working bill the Republican leadership’s rhetoric is out Serving Institutions program to increase col- on this project for years and have since of step with its actions. Attempts to make this lege participation rates of low-income black left the committee. misguided bill better have been stifled. students;

VerDate Aug 31 2005 00:42 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\K30MR7.051 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1357 Creating a new Graduate Hispanic Serving repayment and support this educational bor- $17,500 in debt. Above anything else, it is ab- Institutions program; and rowing. Instead, H.R. 609 fails to make loans solutely essentially that any legislation reau- Creating a pilot program for year round Pell more affordable. Rather than increasing op- thorizing the Higher Education Act help make grants. portunity, H.R. 609 freezes the authorized a college education more affordable, so that Traditionally, higher education legislation level of the maximum Pell grant scholarship— we can expand this great opportunity to more has enjoyed widespread bipartisan participa- at just $200 above current levels—through young people across the country. I know this tion and support but today I will vote against 2013 well below the historic value of Pell issue is immensely important to many of my this higher education bill. American students grants. constituents in Michigan. and families are struggling to pay for college. H.R. 609 should be doing more to provide Unfortunately, the misnamed ‘‘College Ac- Congress should pass legislation to control tui- access to college. Pell grants should be dou- cess and Opportunity Act of 2005’’ does abso- tion costs and increase student aid and not bled, not frozen at a level that will mean a re- lutely nothing to reduce the costs of a college miss this opportunity to help American fami- duction in value over time. Perkins loans education. When Pell Grants were first en- lies. should be increased, and work study should acted to help low-income families, it covered I strongly support the Democratic substitute. be increased. As currently written, H.R. 609 72 percent of the average cost of a four-year I will vote against the underlying bill, H.R. 609, will not help us maintain our competitive edge public college, today it pays for only 30 per- because it does not make college more afford- in the global community. cent. This bill would increase the maximum able for American students and families. Together we can do better. amount a Pell Grant could cover by a pathetic Mr. HOLT. Mr. Chairman, America’s eco- Ms. WASSERMAN SCHULTZ. Mr. Chair- $200 while the President’s proposed budget nomic prosperity, security, and health are man, I rise today in opposition of the single continues to flat fund this vital program. more dependent than ever on students’ ac- holder rule, and in support of Americans pur- It is now just two months after this Repub- cess to higher education opportunities. Unfor- suing secondary education. lican Congress voted to cut Federal student tunately, the rising importance of college for As the law currently stands, student loan aid by $12 billion—the largest cut in the his- individuals and our society has corresponded borrowers attempting to refinance and consoli- tory of the program. Most of the cuts in man- with skyrocketing tuition costs, causing stu- date their loans face unfair restrictions from datory spending in that bill were generated by dents to take on massive amounts of loan the so-called ‘‘single holder rule.’’ This rule cutting back on excessive lender fees on stu- debt—$17,000 on average; to work long hours limits the search of these students to their cur- dent loans. Yet instead of investing this addi- that interfere with academic success; or to rent lender for a Consolidation Loan, if the tional revenue into scholarships and reduc- forgo college altogether. current lender is the holder of all of the Fed- tions in student loan fees, Republicans chose H.R. 609 contains some positive provisions. eral Family Education Loans (FFEL) they wish to put this money towards tax cuts for the I am pleased that the bill includes year round to consolidate. super wealthy. Pell grants for all colleges, including commu- Mr. Chairman, with tuition prices on the rise, At a time when we are faced with fierce nity colleges at least on a provisional basis. I it should be the role of the Federal Govern- global competition from countries like India am pleased that the bill includes up to $5,000 ment to help those Americans pursuing higher and China, it is absolutely essential that we in- of student loan forgiveness if you are an ele- education, not impede them. Competition vest in higher education. Last year China mentary or secondary school teacher of a crit- amongst the lender industry for these Consoli- graduated more English-speaking engineers ical foreign language or a government em- dation loans would help lower interest rates for than we graduated here the United States. I ployee who a critical foreign languages. The these loans, lowering the cost of secondary wonder how it is that the majority would have bill also authorizes Mathematics and Science education for countless Americans. At a time us believe that an investment in tax cuts for Honors Scholarships to students pursuing a when the dream of higher education has be- the very rich would help us to remain an eco- baccalaureate, masters, or doctoral degree, or come farther out of reach for many families, it nomic superpower. a combination thereof, in physical, life, or com- would be irresponsible for this Congress to puter sciences, mathematics, and engineering. stand in the way of the elimination of these re- A report by Michigan’s Lt. Governor John The bill also creates Mathematics and Science strictive provisions. Cherry’s Commission on Higher Education Education Coordinating Councils, composed of Furthermore, we have learned a great deal and Economic Growth spelled out how Michi- education, business, and community leaders, in recent months of increased competition gan’s economic future is directly linked to our which will implement State-based reform from overseas in the areas of math and ability to accelerate the completion of degrees agendas that improve mathematics and science. In order for our Nation to remain a of higher education. Two-thirds of the jobs cre- science education; and support services that leader in innovation, and maintain our status ated in the next decade will require post-sec- lead to better teacher recruitment and training, in the international economy, we must make ondary education and training. I wonder how it increased student academic achievement, and educating the next generation of Americans a is that the majority believes that cutting stu- reduced need for remediation at all levels. priority. The single holder rule serves only as dent loans will make it easier for the thou- Unfortunately, H.R. 609 comes on the heels a barrier to this critical education. sands affected by the manufacturing jobs cri- of the budget reconciliation bill, which cut I do not stand alone in my support of the sis in Michigan. $12.76 billion in Federal student financial aid elimination of the single holder rule. Rather, I Republicans here in Congress would have by increasing interest rates, charging students am lending my voice to a bipartisan chorus. us believe that $12 billion in cuts to the stu- more fees on their loans, and reducing sub- The Conference Report on the 2003 Omnibus dent loan program and reauthorizing the High- sidies to lenders. This was the largest cut in Appropriations Act urged the authorizing com- er Education Act are unrelated. I say they the history of Federal student financial assist- mittees to repeal the single holder rule to ‘‘en- couldn’t be more out of touch. ance. The result will be nearly $8 billion in sure borrowers have the best options available Democrats have offered an alternative. This new charges that will raise the cost of college to them in order to manage their student loan substitute would begin to reverse the dam- loans for millions of American students and obligations.’’ aging cuts made to student aid by cutting in- families who borrow to pay for college. For the Mr. Chairman, I am pleased to see that both terest rates on loans for low and middle in- typical student borrower, already saddled with the House and Senate versions of the reau- come students in half starting in July of 2006. $17,000 in debt, these new fees and higher in- thorization of the Higher Education Act to pass This would lower the cost of college by $2.4 terest charges could cost up to $5,800. New out of conference would finally repeal the sin- billion for students and their families. This Jersey students and families were hit hard— gle holder rule. This rule does nothing more measure is a down payment on the future of over 125,000 college students in New Jersey than pander to the student loan industry spe- our Nation’s students who are, after all, the will be affected. H.R. 609 fails to reverse this cial interests at the expense of America’s stu- key to the success of our Nation in the days raid on student aid. dents. While I will not be lending my support that come. I will vote against this harmful leg- Congress’ recent policies with regard to stu- to H.R. 609 today for other reasons, I applaud islation today, and in favor of the Democratic dent aid have abrogated the responsibility that the efforts of both Republicans and Democrats substitute. the Federal Government accepted with the to eliminate this harmful rule. Mr. STARK. Mr. Chairman, I rise in opposi- Higher Education Act. Supporting students Mr. LEVIN. Mr. Chairman, we stand here tion to the so-called College Access and Op- and families who take out college loans is an today with a historic opportunity to improve portunity Act of 2005 (H.R. 609). This Repub- investment in the American economy and our higher education in this country. The average lican bill represents a significant missed op- society at large. Congress should lower inter- tuition and fees for four-year public colleges portunity to rollback the raid on student aid est rates and provide additional benefits for have risen over 40 percent since 2001. The and make higher education more affordable student borrowers to encourage responsible average student now leaves school with and accessible for America’s students.

VerDate Aug 31 2005 00:42 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\FM\A30MR7.028 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1358 CONGRESSIONAL RECORD — HOUSE March 30, 2006 When it comes to helping families pay for wealthiest individuals. This has made the to the Consumer Price Index without taking college, Republicans never miss an oppor- funding problem even worse than it needs to into consideration what individual institutions tunity to miss an opportunity. But when their be. There are opportunities to simplify financial have done to offset tuition increases. Cost in- campaign contributors say jump, Republicans aide forms, to increase access to higher edu- creases can be attributed to a combination of always ask how high. cation and to improve higher education, but in- different factors, all of which vary between dif- In December, The Chronicle of Higher Edu- stead that focus is lost. Had a truly bipartisan ferent institutions, making the College Afford- cation reported that while Chairman of the approach been taken by Congress a much ability Index a poor measure of the afford- House Education and Workforce Committee, better bill would have been possible. ability of an individual college or university. Representative BOEHNER assured nervous pri- Tuition and fees have already climbed by 46 Furthermore, a proposed amendment to this vate lenders—who in 2003–2004 contributed percent at four-year public colleges since legislation would create an unnecessary bur- more than $250,000 to his campaign—that 2001, nearly six times faster than Pell Grant den on our universities’ admission policies by they would gain rather than lose under the Scholarships. Students are taking on record requiring institutions that receive any Federal Deficit Reduction Act. ‘‘Relax. Stay calm,’’ high loan debt and working longer hours in funding, including grants and scholarships, to BOEHNER told the Consumer Bankers Associa- order to attend college. There are over 90,000 submit to the Department of Education an an- tion. ‘‘At the end of the day, I believe you’ll be Oregonians borrowing money to attend col- nual report stating whether race, color, or na- at least satisfied, or even perhaps happy. lege. While costs are going up and burdens tional origin is considered in the student ad- Know that I have all of you in my two trusted on families are greater, there is less federal missions process. hands.’’ support. This amendment is unnecessary and redun- Instead of reducing lender subsidies as was Many of the higher education professionals dant because universities already publicly dis- originally proposed, Congressional Repub- that I have worked with suggests they would close their admission policies, as required by licans subsequently raised interest rates on rather have another extension of the current the Supreme Court in Grutter v. Bollinger and parent borrowers and required student bor- law than this reauthorization, quite an indict- Gratz v. Bollinger. The amendment will only rowers to continue paying excessive, above- ment and a signal of what we should be burden university staff members with unneces- market interest rates. In total, Republicans cut doing. I am hopeful that as this bill works its sary and extensive paperwork. Additionally, $12 billion from student loan programs—the way through the legislative process that logic the amendment jeopardizes individual appli- largest cut in our nation’s history. and the needs of students, families and our cants’ privacy and confidentiality in violation of Today, Representative BOEHNER is back to society for a well educated citizenry will pre- the Family Educational Rights and Privacy his old tricks, protecting the bottom lines of vail. Although, I am pleased the bill includes Act, FERPA, which generally prohibits edu- private lenders rather than the pocketbooks of the bipartisan Blumenauer-Ehlers-Wu amend- cational institutions from disclosing personally hard-working students. H.R. 609 does nothing ment to convene a summit of higher education identifiable information from students’ edu- to restore the much-needed student loan sub- experts working in the area of sustainable op- cation records without consent. sidies cut under the Deficit Reduction Act. erations and programs, we can make this bill The proposed amendment, by contrast, Rather, this legislation keeps student loan in- better and until that happens I cannot support would require universities to submit to the U.S. terest rates for low- and middle-income Ameri- it. Department of Education’s Office for Civil cans at an unnecessarily high 6.8 percent, Mr. DINGELL. Mr. Chairman, I rise today to Rights, OCR—and from OCR to the public— guaranteeing private lenders a profit and stu- voice my opposition to legislation on the floor, ‘‘all raw admissions data for applicants’’ on dents mountains of debt after graduation. H.R. 609, the College Access and Opportunity each quantifiable factor considered in admis- Further, H.R. 609 continues to underfund Act of 2005. Many of my colleagues have re- sions except for the name of the applicant. the Pell Grant program, even as the program’s named this bill ‘‘the Missed College Opportuni- Publication of raw data in this form—without purchasing power declines on annual basis. ties Act’’ for good reason. any corresponding safeguards on use of the The bill freezes through 2013 the authorized Two months ago my colleagues on the raw data—will almost certainly permit OCR maximum for a Pell Grant scholarship—at just other side of the aisle voted for a budget rec- and others to ascertain the identities of indi- $200 above current levels. Even as the cost of onciliation bill that slashed funding for student vidual applicants. In so doing, it will be pos- education rises, the purchasing power of Pell aid programs by $12.7 billion—the single larg- sible to determine individual applicants’ test Grant loans declines. est cut to the Federal student aid program in scores, high school grades, and so forth—all It is past time that we had a higher edu- its 40-year history. This ‘‘raid on student aid’’ in violation of FERPA. cation bill that makes college more affordable, could not have come at a worse time for Mr. Chairman, I strongly agree that more boosts America’s economic competitiveness, American families, as the cost of a college should be done so that all deserving students and invests in America’s continued prosperity. education today continues to rise while more have the opportunity to receive a higher edu- This legislation does none of the above. I urge and more working families fall into poverty. At cation, which is why I support the Miller-Kil- my colleagues to join me in voting against a time when our government should be in- dee-Scott-Davis-Grijalva alternative. The H.R. 609 so we can bring forth a bill that actu- creasing access to higher education, this bill is Democratic alternative would cut interest rates ally does what’s needed for higher education. taking away this opportunity for many young in half for the borrowers in most need—low- Mr. BLUMENAUER. Mr. Chairman, at a time students. ering the cost of college by $2.4 billion for stu- when the global economy demands a highly The ultimate goal behind the Higher Edu- dents and their families. It would also create a trained, educated workforce, Congress is mak- cation Act has always been to improve access pilot program for year round Pell grants to ing it more difficult for our students to suc- to college education for those in greatest allow students to accelerate their degree. We ceed. The Higher Education Reauthorization need. Today’s students are increasingly taking must never let a student’s economic situation Act represents a missed opportunity at a crit- on higher loan debts, working longer hours or, hinder his or her ability to obtain access to a ical time for improving education. in some cases, forgoing college altogether. In- college or postgraduate degree. All across America, communities are strug- creasing access to higher education is critical Mr. Chairman, I ask that my colleagues join gling to deal with education funding for to the development of a highly skilled work- me in reversing the Republican raid on stu- preschools through high schools. Many of force, which will ensure that America remains dent aid by opposing H.R. 609 and supporting these communities are recovering from difficult competitive in the global marketplace. Today’s the Democratic alternative. economic times and have financially stressed economy demands that workers are better Mr. PAUL. Mr. Chairman, anyone in need of the local education systems. Many states have educated and this bill does little to make col- proof that Federal control follows Federal responded to budget crunches by reducing lege more affordable. As it is now, the aver- funding need only examine H.R. 609, the Col- their support for postsecondary education at a age student owes $17,500 when he or she lege Access and Opportunity Act. H.R. 609 time when we need to be desperately training graduates. imposes several new mandates on colleges, students for their own as well as the country’s Not only is this legislation troublesome for and extends numerous mandates imposed on future. It is expected by 2020, the U.S. will ex- our students, it is also troublesome for our col- that previous Congress imposed on colleges. perience a shortage of up to 12 million colleges and universities. The bill in its current H.R. 609 proves the prophetic soundness of lege-educated workers. We are providing less form includes provisions that undermine the people who warned that Federal higher edu- support as a percentage of overall educational autonomy of colleges and universities by cre- cation programs would lead to Federal control costs than ever before. ating intrusive new reporting requirements. In of higher education. In part, it is because of a tragic decision of particular H.R. 609 imposes price controls on Opponents of increasing Federal control the Republican majority to sacrifice education colleges through the new ‘‘College Affordability over higher education should be especially for $70 billion in tax benefits for America’s Index’’ which would compare tuition increases concerned about H.R. 609’s ‘‘Academic Bill of

VerDate Aug 31 2005 02:27 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\A30MR7.031 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1359 Rights.’’ This provision takes a step toward sion of expanding opportunity in America. Un- ships for those coming out of high school or complete Federal control of college curriculum, fortunately, the underlying bill is fundamentally in their sophomore year of college, when stu- grading, and teaching practices. While this flawed. H.R. 609 represents a major missed dents would perhaps be better prepared to provision is worded as a ‘‘sense of Congress,’’ opportunity to make college more affordable make a mature choice about committing to a the clear intent of the ‘‘bill of rights’’ is to in- and accessible, to boost America’s economic teaching career. timidate college administrators into ensuring competitiveness, and to invest in America’s In addition, through partnerships with com- professors’ lectures and lesson plans meet continued prosperity. Just 2 months after Re- munity colleges, H.R. 609 would offer fellow- with Federal approval. publicans in Congress voted to raid $12 billion ships to students, particularly those being The Academic Bill of Rights is a response to from Federal student aid, this bill does very lit- trained as teaching assistants, to go on and concerns that federally funded institutions of tle to help American students and families to obtain a bachelor’s degree and full teaching higher learning are refusing to allow students pay for college. certification. Students attending community to express, or even be exposed to, points of H.R. 609 fails to reverse the Republican raid colleges are often deeply rooted in their local view that differ from those held by their profes- on student aid. H.R. 609 fails to make college communities, including rural and inner-city sors. Ironically, the proliferation of ‘‘political loans more affordable. H.R. 609 freezes the areas where the need for well qualified teach- correctness’’ on college campuses is largely a authorized level of the maximum Pell grant ers is the greatest. So identifying and training direct result of increased government funding scholarship through 2013 and it does not con- a cadre of ‘‘homegrown’’ teachers is a prom- of colleges and universities. Federal funding tain any mandatory increase in Pell. I support ising strategy for meeting our most pressing has isolated institutions of higher education the Miller substitute to H.R. 609 that would cut teacher recruitment challenges. from market discipline, thus freeing professors interest rates for borrowers in most need and These programs do not merely throw money to promulgate their ‘‘politically correct’’ views lower the cost of college by $2.4 billion for stu- at individual students but seek, through rich regardless of whether this type of instruction dents and their families. In addition to making extracurricular programs, to promote esprit de benefits their students—who are, after all, the college more affordable, the Miller substitute corps and collaborative learning, to strengthen professors’ customers. Now, in a perfect illus- would boost college participation for minority professional identity, and to provide a support tration of how politicians use the problems cre- students by establishing a predominantly black system as students first enter the classroom ated by previous interventions in the market institution program and establishing a grad- as teachers. Students would participate in var- as a justification for further interventions, Con- uate Hispanic serving institution program. ious community and school-based internships gress proposes to use the problem of ‘‘political I hope as this legislation moves forward, the and experiences that go well beyond normal correctness’’ to justify more Federal control shortcomings can be corrected, and I can sup- teacher preparation. These enrichment pro- over college classrooms. port the conference report on this important grams could feature a variety of components Instead of fostering open dialog and wide- bill. ranging from school system orientations and ranging intellectual inquiry, the main effect of Mr. PRICE of North Carolina. Mr. Chairman, educational seminars to Outward Bound pro- the Academic Bill of Rights will be to further as we consider H.R. 609, the College Access grams and international travel. stifle debate about controversial topics. This is and Opportunity Act, I want to highlight the In exchange, scholarship recipients would because many administrators will order their teacher recruitment and retention provisions be required to teach in a public school for a professors not to discuss contentious and divi- that have been included in this legislation. minimum of 1 year plus a period of time equiv- sive subjects in order to avoid a possible con- In order to keep pace with anticipated alent to the length of their scholarship. The frontation with the Federal Government. Those teacher retirements and the growing student idea of reciprocal obligation and community who doubt this should remember that many population, local school districts will need to service are essential to the success of these TV and radio stations minimized political pro- hire an estimated 2.5 million teachers over the programs. gramming in the 60s and 70s in order to avoid next 10 years. And not just any warm body Although I am pleased with these teacher running afoul of the Federal ‘‘fairness doc- will do. Under the No Child Left Behind Act, recruitment and retention components of the trine.’’ every teacher must be ‘‘highly-qualified’’ by bill, H.R. 609 is, in my view, lacking in serious I am convinced that some promoters of the the current 2005–2006 school year, a goal I ways. First, it seeks to make college afford- Academic Bill of Rights would be unhappy if, suspect has not yet been achieved. In order to able by squeezing colleges and universities. instead of fostering greater debate, this bill si- meet these challenges, we must embark on The bill’s College Affordability Index would in- lences discussion of certain topics. Scan the an unprecedented teacher recruitment and re- sert the Federal Government into the decision websites of some of the organizations pro- tention effort. processes of institutions of higher education moting the Academic Bill of Rights and you Fortunately, we already have evidence of regarding tuition-setting, essentially estab- will also find calls for silencing critics of the what works. In 1986, the North Carolina Gen- lishing price controls. Secondly, it seeks to Iraq war and other aspects of American for- eral Assembly established the Teaching Fel- make college accessible by squeezing stu- eign policy. lows program, which currently produces 500 dents and families. The bill would provide a Mr. Chairman, H.R. 609 expands Federal highly qualified and enthusiastic new teachers very modest increase of $200 in the maximum control over higher education; in particular each year. I believe it offers a model for na- Pell grant through 2013. through an Academic Bill of Rights which tional emulation, and that is why I reintroduced I am also concerned about the bill’s provi- could further stifle debate and inquiry on the Teaching Fellows Act as H.R. 1801 early sion to create a Title VI International Higher America’s college campuses. Therefore, I urge in the current Congress. Education Advisory Board that would have an my colleagues to reject this bill. In the 108th Congress, I was pleased that inappropriate and unnecessary role in cur- Mr. ETHERIDGE. Mr. Chairman, I rise in re- the bipartisan committee leadership worked riculum decisions at colleges and universities. luctant opposition to H.R. 609, the Republican with me and former Congressman Cass We desperately need to enact a long-term higher education bill. Ballenger to enhance the teacher recruitment reauthorization of higher education programs, I am reluctant to oppose H.R. 609 because provisions of the Ready to Teach Act in ac- and I hope we can make improvements to this it contains my amendment to add Fayetteville cordance with the Teaching Fellows Act—H.R. bill in conference and achieve that goal prior State University, in my congressional district, 1805, 108th Congress. Much as we envi- to adjournment. I look forward to working with to the list of eligible schools under title III B for sioned in the Teaching Fellows Act, the Ready Members from both sides of the aisle to en- Historically Black Graduate Institutions. Fay- to Teach Act would authorize State scholar- courage our best and brightest students to etteville State University holds the distinction ship programs to attract the best students to enter and remain in the field of teaching. of being one the Nation’s most racially diverse the teaching profession, and provide support Mr. GENE GREEN of Texas. Mr. Chairman, educational institutions. Receiving funding and mentoring programs that will help teach- I rise today because I believe my Republican under title III would enable the university both ers make a long-term commitment to the field. colleagues are sending a mixed message by to enhance its existing graduate programs and Those provisions have again been included offering this legislation. to develop additional graduate programs in in the comprehensive higher education legisla- This bill increases the authorization for the disciplines in which African-Americans are tion we are considering today. I want to com- maximum Pell grant to $6,000, reauthorizes underrepresented in the Nation. mend Representatives MCKEON and KILDEE funding for Hispanic-serving institutions and I am grateful to the committee chairman for and other committee members for their willing- historically Black colleges and universities. adding the Etheridge amendment to H.R. 609 ness to work with me on this particularly im- From the looks of this authorization bill, you to include this outstanding institution of higher portant component of the bill. would think the majority leadership in this learning among its expanded lists of partici- With provisions added from the Teaching Congress cared about getting low- and mid- pants in title III B to enhance its historic mis- Fellows Act, H.R. 609 would establish scholar- dle-income students through college.

VerDate Aug 31 2005 00:42 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\FM\A30MR7.041 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1360 CONGRESSIONAL RECORD — HOUSE March 30, 2006 However, this authorization bill does not RECORDED VOTE Millender- Ramstad Souder McDonald Rangel Spratt fund these programs. Just 2 months ago, my The Acting CHAIRMAN. A recorded Miller (MI) Regula Stark colleagues on the other side of the aisle voted vote has been demanded. Miller (NC) Rehberg Stearns to cut student aid by $12 billion by passing the A recorded vote was ordered. Miller, Gary Reichert Strickland budget reconciliation bill. Miller, George Renzi Stupak The vote was taken by electronic de- Mollohan Reyes I don’t understand why my Republican col- Sullivan vice, and there were—ayes 418, noes 2, Moore (KS) Reynolds Sweeney leagues care more about giving tax breaks to not voting 12, as follows: Moore (WI) Rogers (AL) Tancredo the wealthy than helping low- and middle-in- Moran (KS) Rogers (KY) Tanner [Roll No. 77] Moran (VA) Rogers (MI) Tauscher come families send their children to college. Murphy Rohrabacher AYES—418 Taylor (MS) The budget reconciliation bill raised interest Murtha Ros-Lehtinen Taylor (NC) rates on parent student loans, raised loan con- Abercrombie Davis (AL) Hostettler Myrick Ross Ackerman Davis (CA) Terry solidation fees, and required that student and Hoyer Nadler Rothman Aderholt Davis (IL) Hulshof Napolitano Roybal-Allard Thomas parent borrowers pay a 1 percent insurance Akin Davis (KY) Hunter Neal (MA) Royce Thompson (CA) fee on college loans. Alexander Davis (TN) Hyde Neugebauer Rush Thompson (MS) We need to do something to help people Allen Davis, Jo Ann Inglis (SC) Ney Ryan (OH) Thornberry Andrews Davis, Tom Inslee Tiahrt get through college, not charge them a 1 per- Northup Ryan (WI) Baca Deal (GA) Israel Norwood Ryun (KS) Tiberi cent insurance fee and make their education Bachus DeFazio Istook Nunes Sabo Tierney even more expensive than it is now. Baird DeGette Jackson (IL) Nussle Salazar Towns Since 2001, college tuition in this country Baker Delahunt Jefferson Oberstar Sa´ nchez, Linda Turner Baldwin DeLauro Jenkins Obey T. Udall (CO) has increased 40 percent. Students are grad- Barrett (SC) DeLay Jindal Olver Sanchez, Loretta Udall (NM) uating with over $17,000 of debt. And what Barrow Dent Johnson (CT) Ortiz Sanders Upton has Congress done? Bartlett (MD) Diaz-Balart, L. Johnson (IL) Osborne Saxton Van Hollen Barton (TX) Diaz-Balart, M. Johnson, E. B. Otter Schakowsky Vela´ zquez We’ve consistently flat-funded Pell and Bass Dicks Johnson, Sam Owens Schiff Visclosky raised the maximum Pell award by small Bean Dingell Jones (NC) Oxley Schmidt Walden (OR) Becerra Doggett amounts that don’t keep up with rising tuition Jones (OH) Pallone Schwartz (PA) Walsh Berkley Doolittle Kanjorski Pascrell Schwarz (MI) rates, including this increase. Berman Doyle Wamp When Pell first started, it covered over 70 Kaptur Pastor Scott (GA) Wasserman Berry Drake Keller Paul Scott (VA) percent of the average cost of a 4-year edu- Biggert Dreier Schultz Kelly Payne Sensenbrenner Waters Bilirakis Duncan Pearce Serrano cation. Now, it pays for 30 percent of the cost Kennedy (MN) Watt Bishop (GA) Ehlers Kennedy (RI) Pelosi Sessions of a college education. Waxman Bishop (NY) Emanuel Kildee Pence Shadegg While I appreciate the effort of the bill spon- Weiner Bishop (UT) Emerson Kilpatrick (MI) Peterson (MN) Shaw Weldon (FL) sors to increase the Pell maximum grant, it is Blackburn Engel Kind Peterson (PA) Shays Weldon (PA) still not enough to truly help low-income fami- Blumenauer English (PA) King (IA) Petri Sherman Weller Blunt Eshoo King (NY) Pickering Sherwood lies send their children to college. Boehlert Etheridge Westmoreland Kingston Pitts Shimkus Boehner Everett Wexler I hope in the future appropriators will enable Kirk Platts Shuster Bonilla Farr us to show a true commitment to higher edu- Kline Poe Simmons Whitfield Bonner Fattah Knollenberg Pombo Simpson Wicker cation by bringing us an appropriations bill that Bono Feeney Kolbe Pomeroy Skelton Wilson (NM) reflects the priorities outlined in H.R. 609. Boozman Ferguson Kucinich Porter Slaughter Wilson (SC) Boren Filner Working families need more than the num- Kuhl (NY) Price (GA) Smith (NJ) Wolf Boswell Fitzpatrick (PA) bers offered in this bill, they need to see real LaHood Price (NC) Smith (TX) Woolsey Boucher Flake Langevin Pryce (OH) Smith (WA) Wu dollars put into these programs. Boustany Foley Lantos Putnam Snyder Wynn My Republican colleagues have not ade- Boyd Forbes Radanovich Sodrel Young (AK) Bradley (NH) Ford Larsen (WA) quately funded the very programs they are on Larson (CT) Rahall Solis Young (FL) the floor supporting today. Brady (PA) Fortenberry Brady (TX) Fossella Latham NOES—2 I hope that in the future, we fund the pro- LaTourette Brown (OH) Foxx Edwards Musgrave grams that are so important to us today. Brown (SC) Frank (MA) Leach Lee Mr. MCKEON. Mr. Chairman, I yield Brown, Corrine Frelinghuysen Levin back the balance of my time. Brown-Waite, Gallegly NOT VOTING—12 Ginny Garrett (NJ) Lewis (CA) Beauprez Gilchrest Miller (FL) SEQUENTIAL VOTES POSTPONED IN COMMITTEE Burgess Gerlach Lewis (GA) Clay Issa OF THE WHOLE Burton (IN) Gibbons Lewis (KY) Ruppersberger Davis (FL) Jackson-Lee Butterfield Gillmor Linder Watson The Acting CHAIRMAN. Pursuant to Evans (TX) Buyer Gingrey Lipinski Franks (AZ) Meeks (NY) clause 6 of Rule XVIII, proceedings will Calvert Gohmert LoBiondo now resume on those amendments on Lofgren, Zoe Camp (MI) Gonzalez b 1402 which further proceedings were post- Campbell (CA) Goode Lowey Lucas poned, in the following order: Cannon Goodlatte Messrs. JACKSON of Illinois, Cantor Gordon Lungren, Daniel Amendment No. 2 by Mr. GOHMERT of Capito Granger E. DELAY, MANZULLO, MARCHANT, Texas. Capps Graves Lynch DAVIS of Illinois, CHANDLER and AN- Amendment No. 3 by Mr. KENNEDY of Capuano Green (WI) Mack DREWS changed their vote from ‘‘no’’ Cardin Green, Al Maloney to ‘‘aye.’’ Rhode Island. Cardoza Green, Gene Manzullo Amendment No. 4 by Mr. KING of Carnahan Grijalva Marchant So the amendment was agreed to. Iowa. Carson Gutierrez Markey The result of the vote was announced Amendment No. 7 by Mr. GEORGE Carter Gutknecht Marshall as above recorded. Case Hall Matheson MILLER of California. Castle Harman Matsui Stated for: The Chair will reduce to 5 minutes Chabot Harris McCarthy Mr. EDWARDS. Mr. Chairman, on rollcall the time for any electronic vote after Chandler Hart McCaul (TX) vote No. 77, I unintentionally voted ‘‘no’’. I McCollum (MN) the first vote in this series. Chocola Hastings (FL) would like the RECORD to show that it was my Cleaver Hastings (WA) McCotter AMENDMENT NO. 2 OFFERED BY MR. GOHMERT Clyburn Hayes McCrery intention to vote ‘‘aye’’ on rollcall No. 77. The Acting CHAIRMAN. The pending Coble Hayworth McDermott AMENDMENT NO. 3 OFFERED BY MR. KENNEDY OF business is the demand for a recorded Cole (OK) Hefley McGovern RHODE ISLAND Conaway Hensarling McHenry vote on the amendment offered by the Conyers Herger McHugh The Acting CHAIRMAN (Mr. BASS). gentleman from Texas (Mr. GOHMERT) Cooper Herseth McIntyre The pending business is the demand for on which further proceedings were Costa Higgins McKeon a recorded vote on the amendment of- Costello Hinchey McKinney postponed and on which the ‘‘ayes’’ Cramer Hinojosa McMorris fered by the gentleman from Rhode Is- prevailed by voice vote. Crenshaw Hobson McNulty land (Mr. KENNEDY) on which further The Clerk will redesignate the Crowley Hoekstra Meehan proceedings were postponed and on amendment. Cubin Holden Meek (FL) which the ayes prevailed by voice vote. Cuellar Holt Melancon The Clerk redesignated the amend- Culberson Honda Mica The Clerk will redesignate the ment. Cummings Hooley Michaud amendment.

VerDate Aug 31 2005 00:42 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.045 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1361 The Clerk redesignated the amend- Myrick Rogers (MI) Sullivan The vote was taken by electronic de- Nadler Ros-Lehtinen Sweeney ment. Napolitano Ross Tancredo vice, and there were—ayes 83, noes 337, RECORDED VOTE Neal (MA) Rothman Tanner not voting 12, as follows: The Acting CHAIRMAN. A recorded Ney Roybal-Allard Tauscher [Roll No. 79] Northup Rush Taylor (MS) vote has been demanded. Norwood Ryan (OH) Taylor (NC) AYES—83 A recorded vote was ordered. Nunes Ryan (WI) Terry Aderholt Foxx Miller, Gary The Acting CHAIRMAN. This will be Nussle Ryun (KS) Thomas Bachus Franks (AZ) Musgrave a 5-minute vote. Oberstar Sabo Thompson (CA) Barrett (SC) Garrett (NJ) Myrick Obey Salazar Thompson (MS) Bartlett (MD) Gillmor Neugebauer The vote was taken by electronic de- ´ Olver Sanchez, Linda Thornberry Blackburn Gingrey Norwood vice, and there were—ayes 380, noes 38, Ortiz T. Tiahrt Boehner Goode Otter Osborne Sanchez, Loretta Tiberi not voting 14, as follows: Bonner Graves Pearce Otter Sanders Tierney Bono Gutknecht Pence [Roll No. 78] Owens Saxton Towns Brady (TX) Hall Petri Oxley Schakowsky Turner Brown-Waite, Hastings (WA) AYES—380 Pitts Pallone Schiff Udall (CO) Ginny Hayworth Abercrombie Davis, Jo Ann Jenkins Pascrell Schmidt Udall (NM) Burton (IN) Hefley Poe Ackerman Davis, Tom Jindal Pastor Schwartz (PA) Upton Campbell (CA) Hensarling Putnam Aderholt Deal (GA) Johnson (CT) Paul Schwarz (MI) Van Hollen Cannon Herger Radanovich Alexander DeFazio Johnson (IL) Payne Scott (GA) Vela´ zquez Cantor Hostettler Rohrabacher Allen DeGette Johnson, E. B. Pearce Scott (VA) Visclosky Carter Istook Royce Andrews Delahunt Jones (NC) Pelosi Sensenbrenner Walden (OR) Chabot Jenkins Ryun (KS) Baca DeLauro Jones (OH) Peterson (MN) Serrano Walsh Chocola Johnson, Sam Sensenbrenner Bachus Dent Kanjorski Peterson (PA) Sessions Wasserman Coble Jones (NC) Sessions Baird Diaz-Balart, L. Kaptur Pickering Shaw Schultz Conaway Keller Shuster Baker Diaz-Balart, M. Keller Platts Shays Waters Crenshaw King (IA) Souder Baldwin Dicks Kelly Poe Sherman Watt Cubin Kingston Barrett (SC) Stearns Dingell Kennedy (MN) Pombo Sherwood Waxman Culberson Kline Barrow Sullivan Doggett Kennedy (RI) Pomeroy Shimkus Weiner Deal (GA) Knollenberg Bartlett (MD) Tancredo Doyle Kildee Porter Shuster Weldon (FL) DeLay Lungren, Daniel Barton (TX) Tiahrt Drake Kilpatrick (MI) Price (GA) Simmons Weldon (PA) Doolittle E. Bass Weldon (FL) Dreier Kind Price (NC) Simpson Weller Dreier Mack Bean Wicker Edwards King (NY) Pryce (OH) Skelton Westmoreland Duncan McHenry Beauprez Young (AK) Emanuel Kirk Rahall Slaughter Wexler Feeney McMorris Becerra Emerson Kline Ramstad Smith (NJ) Whitfield Berkley Engel Knollenberg Rangel Smith (TX) Wicker NOES—337 Berman English (PA) Kolbe Regula Smith (WA) Wilson (NM) Abercrombie Cramer Hayes Berry Eshoo Kucinich Rehberg Snyder Wilson (SC) Ackerman Crowley Herseth Biggert Etheridge Kuhl (NY) Reichert Sodrel Wolf Akin Cuellar Higgins Bilirakis Everett LaHood Renzi Solis Woolsey Alexander Cummings Hinchey Bishop (GA) Farr Langevin Reyes Spratt Wu Allen Davis (AL) Hinojosa Bishop (NY) Fattah Lantos Reynolds Stark Wynn Andrews Davis (CA) Hobson Blackburn Ferguson Larsen (WA) Rogers (AL) Strickland Young (AK) Baca Davis (IL) Hoekstra Blumenauer Filner Larson (CT) Rogers (KY) Stupak Young (FL) Baird Davis (KY) Holden Blunt Fitzpatrick (PA) Latham Baker Davis (TN) Holt Boehlert Foley LaTourette NOES—38 Baldwin Davis, Jo Ann Honda Boehner Forbes Leach Akin Franks (AZ) Neugebauer Barrow Davis, Tom Hooley Bonilla Ford Lee Bishop (UT) Garrett (NJ) Pence Barton (TX) DeFazio Hoyer Bonner Fortenberry Levin Brady (TX) Hefley Petri Bass DeGette Hulshof Bono Fossella Lewis (CA) Campbell (CA) Hensarling Pitts Bean Delahunt Hunter Boozman Foxx Lewis (GA) Cannon Hostettler Beauprez DeLauro Hyde Boren Frank (MA) Lewis (KY) Putnam Carter Hunter Becerra Dent Inglis (SC) Boswell Frelinghuysen Linder Radanovich Culberson Johnson, Sam Berkley Diaz-Balart, L. Inslee Boucher Gallegly Lipinski Rohrabacher DeLay King (IA) Berman Diaz-Balart, M. Israel Boustany Gerlach LoBiondo Royce Doolittle Kingston Berry Dicks Jackson (IL) Boyd Gibbons Lofgren, Zoe Shadegg Duncan Manzullo Biggert Dingell Jefferson Bradley (NH) Gillmor Lowey Souder Ehlers McCrery Bilirakis Doggett Jindal Brady (PA) Gingrey Lucas Stearns Feeney McHenry Bishop (GA) Doyle Johnson (IL) Brown (OH) Gohmert Lungren, Daniel Wamp Flake Miller (MI) Bishop (NY) Drake Johnson, E. B. Brown (SC) Gonzalez E. Bishop (UT) Edwards Jones (OH) Brown, Corrine Goode Lynch NOT VOTING—14 Blumenauer Ehlers Kanjorski Burgess Goodlatte Mack Brown-Waite, Evans Meeks (NY) Blunt Emanuel Kaptur Burton (IN) Gordon Maloney Ginny Gilchrest Miller (FL) Boehlert Emerson Kelly Butterfield Granger Marchant Cantor Issa Bonilla Engel Kennedy (MN) Buyer Graves Markey Ruppersberger Clay Istook Boozman English (PA) Kennedy (RI) Calvert Green (WI) Marshall Watson Conyers Jackson-Lee Boren Eshoo Kildee Camp (MI) Green, Al Matheson Davis (FL) (TX) Boswell Etheridge Kilpatrick (MI) Capito Green, Gene Matsui Boucher Everett Kind Capps Grijalva McCarthy b 1410 Boustany Farr King (NY) Capuano Gutierrez McCaul (TX) Boyd Fattah Kirk Cardin Gutknecht McCollum (MN) So the amendment was agreed to. Bradley (NH) Ferguson Kolbe Cardoza Hall McCotter The result of the vote was announced Brady (PA) Filner Kucinich Carnahan Harman McDermott as above recorded. Brown (OH) Fitzpatrick (PA) Kuhl (NY) Carson Harris McGovern Brown (SC) Flake LaHood Case Hart McHugh AMENDMENT NO. 4 OFFERED BY MR. KING OF Brown, Corrine Foley Langevin Castle Hastings (FL) McIntyre IOWA Burgess Forbes Lantos Chabot Hastings (WA) McKeon The Acting CHAIRMAN. The pending Butterfield Ford Larsen (WA) Chandler Hayes McKinney Buyer Fortenberry Larson (CT) Chocola Hayworth McMorris business is the demand for a recorded Calvert Fossella Latham Cleaver Herger McNulty vote on the amendment offered by the Camp (MI) Frank (MA) LaTourette Clyburn Herseth Meehan gentleman from Iowa (Mr. KING) on Capito Frelinghuysen Leach Coble Higgins Meek (FL) which further proceedings were post- Capps Gallegly Lee Cole (OK) Hinchey Melancon Capuano Gerlach Levin Conaway Hinojosa Mica poned and on which the ayes prevailed Cardin Gibbons Lewis (CA) Cooper Hobson Michaud by voice vote. Cardoza Gonzalez Lewis (GA) Costa Hoekstra Millender- The Clerk will redesignate the Carnahan Goodlatte Lewis (KY) Costello Holden McDonald Carson Gordon Linder Cramer Holt Miller (NC) amendment. Case Granger Lipinski Crenshaw Honda Miller, Gary The Clerk redesignated the amend- Castle Green (WI) LoBiondo Crowley Hooley Miller, George ment. Chandler Green, Al Lofgren, Zoe Cubin Hoyer Mollohan RECORDED VOTE Cleaver Green, Gene Lowey Cuellar Hulshof Moore (KS) Clyburn Grijalva Lucas Cummings Hyde Moore (WI) The Acting CHAIRMAN. A recorded Cole (OK) Gutierrez Lynch Davis (AL) Inglis (SC) Moran (KS) vote has been demanded. Conyers Harman Maloney Davis (CA) Inslee Moran (VA) A recorded vote was ordered. Cooper Harris Manzullo Davis (IL) Israel Murphy Costa Hart Marchant Davis (KY) Jackson (IL) Murtha The Acting CHAIRMAN. This will be Costello Hastings (FL) Markey Davis (TN) Jefferson Musgrave a 5-minute vote.

VerDate Aug 31 2005 01:31 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.054 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1362 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Marshall Peterson (PA) Smith (NJ) A recorded vote was ordered. Ehlers Kirk Ramstad Matheson Pickering Smith (TX) The Acting CHAIRMAN. This will be Emerson Kline Regula Matsui Platts Smith (WA) English (PA) Knollenberg Rehberg McCarthy Pombo Snyder a 5-minute vote. Everett Kolbe Renzi McCaul (TX) Pomeroy Sodrel The vote was taken by electronic de- Feeney Kuhl (NY) Reynolds McCollum (MN) Porter Solis vice, and there were—ayes 200, noes 220, Ferguson LaHood Rogers (AL) McCotter Price (GA) Spratt not voting 12, as follows: Fitzpatrick (PA) Latham Rogers (KY) McCrery Price (NC) Stark Flake LaTourette Rogers (MI) [Roll No. 80] McDermott Pryce (OH) Strickland Foley Lewis (CA) Rohrabacher McGovern Rahall Stupak AYES—200 Forbes Lewis (KY) Ros-Lehtinen McHugh Ramstad Fortenberry Linder Sweeney Royce McIntyre Rangel Abercrombie Harman Ortiz Fossella Lucas Tanner Ryan (WI) McKeon Regula Ackerman Hastings (FL) Owens Foxx Lungren, Daniel Tauscher Ryun (KS) McKinney Rehberg Allen Herseth Pallone Franks (AZ) E. Taylor (MS) Saxton McNulty Reichert Andrews Higgins Pascrell Frelinghuysen Mack Meehan Renzi Taylor (NC) Baca Hinchey Pastor Gallegly Manzullo Schmidt Meek (FL) Reyes Terry Baird Hinojosa Payne Garrett (NJ) Marchant Schwarz (MI) Melancon Reynolds Thomas Baldwin Holden Pelosi Gerlach McCaul (TX) Sensenbrenner Mica Rogers (AL) Thompson (CA) Barrow Holt Peterson (MN) Gibbons McCotter Sessions Michaud Rogers (KY) Thompson (MS) Bean Honda Platts Gillmor McCrery Shadegg Millender- Rogers (MI) Thornberry Becerra Hooley Pomeroy Gingrey McHenry Shaw McDonald Ros-Lehtinen Tiberi Berkley Hoyer Price (NC) Gohmert McHugh Sherwood Berman Inslee Miller (MI) Ross Tierney Rahall Goode McKeon Shimkus Berry Israel Miller (NC) Rothman Towns Rangel Goodlatte McMorris Shuster Bishop (GA) Jackson (IL) Miller, George Roybal-Allard Turner Reichert Gordon Mica Simpson Mollohan Rush Udall (CO) Bishop (NY) Jefferson Granger Millender- Smith (NJ) Blumenauer Johnson (CT) Reyes Moore (KS) Ryan (OH) Udall (NM) Graves McDonald Smith (TX) Boren Johnson (IL) Ross Moore (WI) Ryan (WI) Upton Green (WI) Miller (MI) Sodrel Boswell Johnson, E. B. Rothman Moran (KS) Sabo Van Hollen Gutknecht Miller, Gary Souder Boucher Jones (OH) Roybal-Allard Moran (VA) Salazar Vela´ zquez Rush Hall Moran (KS) Stearns Murphy Sa´ nchez, Linda Boyd Kanjorski Harris Murphy Visclosky Brady (PA) Kaptur Ryan (OH) Sullivan Murtha T. Walden (OR) Sabo Hart Musgrave Sweeney Nadler Sanchez, Loretta Brown (OH) Kennedy (RI) Hastings (WA) Myrick Walsh Salazar Tancredo Napolitano Sanders Brown, Corrine Kildee Hayes Neugebauer Wamp Sa´ nchez, Linda Taylor (NC) Neal (MA) Saxton Butterfield Kilpatrick (MI) Hayworth Ney Wasserman T. Terry Ney Schakowsky Capps Kind Hefley Northup Schultz Sanchez, Loretta Thomas Northup Schiff Capuano Kucinich Hensarling Norwood Waters Sanders Thornberry Nunes Schmidt Cardin Langevin Herger Nunes Watt Schakowsky Tiahrt Nussle Schwartz (PA) Cardoza Lantos Hobson Nussle Waxman Tiberi Oberstar Schwarz (MI) Carnahan Larsen (WA) Schiff Hoekstra Osborne Obey Scott (GA) Weiner Carson Larson (CT) Schwartz (PA) Hostettler Otter Turner Olver Scott (VA) Weldon (PA) Case Leach Scott (GA) Hulshof Oxley Upton Ortiz Serrano Weller Chandler Lee Scott (VA) Hunter Paul Walden (OR) Osborne Shadegg Westmoreland Cleaver Levin Serrano Hyde Pearce Walsh Owens Shaw Wexler Clyburn Lewis (GA) Shays Inglis (SC) Pence Wamp Oxley Shays Whitfield Conyers Lipinski Sherman Istook Peterson (PA) Weldon (FL) Pallone Sherman Wilson (NM) Cooper LoBiondo Simmons Jenkins Petri Weldon (PA) Pascrell Sherwood Wilson (SC) Costa Lofgren, Zoe Skelton Jindal Pickering Weller Pastor Shimkus Wolf Costello Lowey Slaughter Johnson, Sam Pitts Westmoreland Paul Simmons Woolsey Cramer Lynch Smith (WA) Jones (NC) Poe Whitfield Payne Simpson Wu Crowley Maloney Snyder Keller Pombo Wicker Pelosi Skelton Wynn Cuellar Markey Solis Kelly Porter Wilson (NM) Peterson (MN) Slaughter Young (FL) Cummings Marshall Spratt Kennedy (MN) Price (GA) Wilson (SC) Davis (AL) Matheson Stark King (IA) Pryce (OH) Wolf NOT VOTING—12 Davis (IL) Matsui Strickland King (NY) Putnam Young (AK) Clay Issa Miller (FL) Davis (TN) McCarthy Stupak Kingston Radanovich Young (FL) Davis (FL) Jackson-Lee Ruppersberger DeFazio McCollum (MN) Tanner DeGette McDermott NOT VOTING—12 Evans (TX) Watson Tauscher Delahunt McGovern Gilchrest Johnson (CT) Taylor (MS) Clay Gilchrest Miller (FL) DeLauro McIntyre Gohmert Meeks (NY) Thompson (CA) Cole (OK) Issa Ruppersberger Dicks McKinney Thompson (MS) Davis (CA) Jackson-Lee Watson b 1419 Dingell McNulty Tierney Davis (FL) (TX) Mr. MORAN of Kansas and Mr. ING- Doggett Meehan Evans Meeks (NY) Doyle Meek (FL) Towns LIS of South Carolina changed their Edwards Melancon Udall (CO) vote from ‘‘aye’’ to ‘‘no.’’ Emanuel Michaud Udall (NM) b 1427 Mr. RADANOVICH and Mr. Engel Miller (NC) Van Hollen So the amendment in the nature of a Vela´ zquez NEUGEBAUER changed their vote Eshoo Miller, George substitute was rejected. Etheridge Mollohan Visclosky from ‘‘no’’ to ‘‘aye.’’ Farr Moore (KS) Wasserman The result of the vote was announced So the amendment was rejected. Fattah Moore (WI) Schultz as above recorded. The result of the vote was announced Filner Moran (VA) Waters Stated for: as above recorded. Ford Murtha Watt Mrs. DAVIS of California. Mr. Chairman, on Waxman Stated against: Frank (MA) Nadler rollcall No. 80, had I been present, I would Mrs. JOHNSON of Connecticut. Mr. Chair- Gonzalez Napolitano Weiner Green, Al Neal (MA) Wexler have voted ‘‘aye.’’ man, on rollcall No. 79 I was inadvertently de- Green, Gene Oberstar Woolsey tained. Had I been present, I would have Grijalva Obey Wu f voted ‘‘no.’’ Gutierrez Olver Wynn PERSONAL EXPLANATION AMENDMENT IN THE NATURE OF A SUBSTITUTE NOES—220 NO. 7 OFFERED BY MR. GEORGE MILLER OF Ms. MILLENDER-MCDONALD. Mr. Aderholt Bono Chabot CALIFORNIA Akin Boozman Chocola Speaker, on rollcall 80, my intent was The Acting CHAIRMAN (Mr. BASS). Alexander Boustany Coble to vote ‘‘yes’’ on this, as opposed to The pending business is the demand for Bachus Bradley (NH) Conaway ‘‘nay’’ on it. a recorded vote on the amendment of- Baker Brady (TX) Crenshaw The Acting CHAIRMAN. The ques- Barrett (SC) Brown (SC) Cubin fered by the gentleman from California Bartlett (MD) Brown-Waite, Culberson tion is on the amendment in the nature (Mr. GEORGE MILLER) on which further Barton (TX) Ginny Davis (KY) of a substitute, as amended. proceedings were postponed and on Bass Burgess Davis, Jo Ann The amendment in the nature of a which the noes prevailed by voice vote. Beauprez Burton (IN) Davis, Tom substitute, as amended, was agreed to. Biggert Buyer Deal (GA) The Clerk will redesignate the Bilirakis Calvert DeLay The Acting CHAIRMAN. Under the amendment. Bishop (UT) Camp (MI) Dent rule, the Committee rises. The Clerk redesignated the amend- Blackburn Campbell (CA) Diaz-Balart, L. Accordingly, the Committee rose; ment. Blunt Cannon Diaz-Balart, M. and the Speaker pro tempore (Mr. Boehlert Cantor Doolittle RECORDED VOTE BOOZMAN) having assumed the chair, Boehner Capito Drake The Acting CHAIRMAN. A recorded Bonilla Carter Dreier Mr. BASS, Acting Chairman of the vote has been demanded. Bonner Castle Duncan Committee of the Whole House on the

VerDate Aug 31 2005 01:31 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.037 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1363 State of the Union, reported that that Pence Rogers (MI) Tancredo Miller (FL) Tiahrt Committee, having had under consider- Peterson (MN) Rohrabacher Taylor (MS) Ruppersberger Watson Peterson (PA) Ros-Lehtinen Taylor (NC) ation the bill (H.R. 609) to amend and Petri Roybal-Allard Terry b 1446 extend the Higher Education Act of Pickering Royce Thomas So the bill was passed. 1965, pursuant to House Resolution 742, Pitts Ryan (WI) Thornberry Platts Ryun (KS) The result of the vote was announced he reported the bill back to the House Tiberi as above recorded. Poe Salazar Turner Pombo Schmidt with an amendment adopted by the Upton A motion to reconsider was laid on Porter Schwarz (MI) Committee of the Whole. Walden (OR) the table. Price (GA) Sensenbrenner Stated for: The SPEAKER pro tempore. Under Price (NC) Sessions Walsh the rule, the previous question is or- Pryce (OH) Shaw Wamp Mr. TIAHRT. Mr. Speaker, I inadvertently dered. Putnam Shays Weldon (PA) missed rollcall vote 81, final passage of H.R. Weller Is a separate vote demanded on any Radanovich Sherwood 609, the College Access and Opportunity Act. Ramstad Shimkus Westmoreland amendment to the amendment in the Regula Shuster Whitfield Please record that I would have voted ‘‘aye.’’ nature of a substitute adopted by the Rehberg Simpson Wicker Mr. ISSA. Mr. Speaker, I was not present Committee of the Whole? If not, the Reichert Smith (NJ) Wilson (NM) for rollcall vote No. 81 because I was on offi- question is on the amendment. Renzi Smith (TX) Wilson (SC) cial travel. Had I been present, I would have Reyes Sodrel Wolf voted in favor of H.R. 609, the College Access The amendment was agreed to. Reynolds Souder Young (AK) The SPEAKER pro tempore. The Rogers (AL) Sullivan Young (FL) and Opportunity Act of 2005. question is on the engrossment and Rogers (KY) Sweeney Mr. BACHUS. Mr. Speaker, earlier today I was inadvertently detained during rollcall vote third reading of the bill. NOES—199 The bill was ordered to be engrossed No. 81. Had I been present, I would have Abercrombie Grijalva Nadler voted ‘‘aye.’’ and read a third time, and was read the Ackerman Gutierrez Napolitano third time. Allen Harman Neal (MA) f The SPEAKER pro tempore. The Andrews Hastings (FL) Oberstar Baca Hefley Obey PERSONAL EXPLANATION question is on the passage of the bill. Baird Hensarling Olver Mr. MILLER of Florida. Mr. Speaker, I would Baldwin Herseth The question was taken; and the Pallone like to offer a personal explanation of the rea- Speaker pro tempore announced that Barrow Higgins Pascrell Bean Hinchey sons I missed rollcall votes Nos. 75–81 on the ayes appeared to have it. Pastor Becerra Holden Paul March 30, 2006. I was down in my district on Berkley Holt RECORDED VOTE Payne Berman Honda official business and unfortunately could not Pelosi Mr. GEORGE MILLER of California. Berry Hooley make it back in time for votes. Pomeroy Mr. Speaker, I demand a recorded vote. Bishop (GA) Hoyer If present, I would have voted: Rahall Bishop (NY) Inslee A recorded vote was ordered. Rangel Rollcall vote No. 75, A motion to adopt the The vote was taken by electronic de- Blumenauer Israel rule for H.R. 609, the College Access and Op- Boswell Jackson (IL) Ross vice, and there were—ayes 221, noes 199, Boucher Jefferson Rothman portunity Act, ‘‘aye’’; not voting 12, as follows: Boyd Johnson (CT) Rush Rollcall vote No. 76, A motion to table the Ryan (OH) [Roll No. 81] Brady (PA) Johnson, E. B. Pelosi Privileged Resolution, ‘‘aye’’; Brown (OH) Jones (NC) Sabo Rollcall vote No. 77, Gohmert’s Amendment AYES—221 Brown, Corrine Jones (OH) Sa´ nchez, Linda T. to H.R. 609, to strike certain reporting require- Aderholt DeLay Jindal Butterfield Kanjorski Sanchez, Loretta Akin Dent Johnson (IL) Campbell (CA) Kaptur ments for colleges and universities within Sec. Sanders Alexander Diaz-Balart, L. Johnson, Sam Capps Kennedy (RI) 131(f). The amendment also strikes Sec. Saxton Baker Diaz-Balart, M. Keller Capuano Kildee Schakowsky 495(a)(1) that would allow States to apply to Barrett (SC) Doolittle Kelly Cardin Kilpatrick (MI) Schiff the Secretary of Education to become recog- Bartlett (MD) Drake Kennedy (MN) Cardoza Kind Barton (TX) Dreier King (NY) Carnahan King (IA) Schwartz (PA) nized accreditors, ‘‘aye’’; Bass Duncan Kingston Carson Kucinich Scott (GA) Rollcall vote No. 78, Patrick Kennedy Beauprez Ehlers Kirk Case Langevin Scott (VA) Chandler Lantos Serrano Amendment to H.R. 609, to make child and Biggert Emerson Kline adolescent mental health professionals eligible Bilirakis English (PA) Knollenberg Cleaver Larsen (WA) Shadegg Bishop (UT) Everett Kolbe Clyburn Larson (CT) Sherman for loan forgiveness for high need professions Blackburn Ferguson Kuhl (NY) Conyers Leach Simmons ‘‘nay’’; Blunt Fitzpatrick (PA) LaHood Cooper Lee Skelton Rollcall vote No. 79, Steve King Amendment Boehlert Foley Latham Costa Levin Slaughter Boehner Forbes LaTourette Costello Lewis (GA) Smith (WA) to H.R. 609, require institutions that receive Bonilla Fortenberry Lewis (CA) Crowley Lipinski Snyder any Federal funding whatsoever (including Bonner Fossella Lewis (KY) Cummings LoBiondo Solis grants and scholarships) to submit to the U.S. Davis (AL) Lofgren, Zoe Bono Foxx Linder Spratt Department of Education an annual report an- Boozman Franks (AZ) Lucas Davis (CA) Lowey Stark Boren Frelinghuysen Lungren, Daniel Davis (IL) Lynch Stearns swering two questions. First, the report must Boustany Gallegly E. Davis (TN) Maloney Strickland state whether race, color, or national origin is Bradley (NH) Gerlach Mack DeFazio Markey Stupak DeGette Marshall considered in the student admissions process. Brady (TX) Gibbons Manzullo Tanner Delahunt Matheson If race, color, or national origin is considered Brown (SC) Gillmor Marchant Tauscher DeLauro Matsui Brown-Waite, Gingrey McCaul (TX) Thompson (CA) in the student admissions process, then the Dicks McCarthy Ginny Gohmert McCotter Thompson (MS) report must contain a subsequent analysis of Dingell McCollum (MN) Burgess Gonzalez McCrery Tierney Doggett McDermott how these factors are considered in the proc- Burton (IN) Goode McHenry Towns Buyer Goodlatte McHugh Doyle McGovern ess, ‘‘aye’’; Edwards McIntyre Udall (CO) Calvert Granger McKeon Udall (NM) Rollcall vote No. 80, G. Miller Amendment in Camp (MI) Graves McMorris Emanuel McKinney the Nature of a Substitute for H.R. 609, to Engel McNulty Van Hollen Cannon Green (WI) Melancon Vela´ zquez lower student loan interest rates; establish a Cantor Gutknecht Mica Eshoo Meehan Etheridge Meek (FL) Visclosky new Predominantly Black Serving Institution Capito Hall Miller (MI) Wasserman Carter Harris Miller, Gary Farr Michaud program to boost college participation rates of Fattah Millender- Schultz Castle Hart Murphy Waters low-income, black students; establish a new Chabot Hastings (WA) Musgrave Feeney McDonald Watt Chocola Hayes Myrick Filner Miller (NC) graduate Hispanic Serving Institution program; Waxman Coble Hayworth Neugebauer Flake Miller, George provide for year-round Pell grants; and repeal Weiner Cole (OK) Herger Ney Ford Mollohan Weldon (FL) the Single Lender rule, ‘‘nay’’; Conaway Hinojosa Northup Frank (MA) Moore (KS) Wexler Rollcall vote No. 81, Final Passage of H.R. Cramer Hobson Norwood Garrett (NJ) Moore (WI) Crenshaw Hoekstra Nunes Gordon Moran (KS) Woolsey 609, the College Access and Opportunity Act, Cubin Hostettler Nussle Green, Al Moran (VA) Wu ‘‘aye’’. Green, Gene Murtha Wynn Cuellar Hulshof Ortiz f Culberson Hunter Osborne NOT VOTING—12 Davis (KY) Hyde Otter MESSAGE FROM THE SENATE Davis, Jo Ann Inglis (SC) Owens Bachus Evans Jackson-Lee Davis, Tom Istook Oxley Clay Gilchrest (TX) A message from the Senate by Ms. Deal (GA) Jenkins Pearce Davis (FL) Issa Meeks (NY) Curtis, one of its clerks, announced

VerDate Aug 31 2005 02:27 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.061 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1364 CONGRESSIONAL RECORD — HOUSE March 30, 2006 that the Senate has passed bills of the Mr. HOYER. So, in any event, it Mr. HOYER. Reclaiming my time, following titles in which the concur- would not occur until after the Easter Mr. Leader, not since you have been rence of the House is requested: break. leader, but in times past, as you know, S. 2349. An act to provide greater trans- Mr. BOEHNER. I would expect that our side of the aisle has been very con- parency in the legislative process. the first week or two back it is likely cerned about the way conferences have f that we will see those issues on the proceeded. Senator ENZI, who is one of floor in some manner. REMOVAL OF NAME OF MEMBER the Chairs of the, I guess, the pension Mr. HOYER. I thank the majority AS COSPONSOR OF H.R. 4755 conference, has indicated he wanted to leader for that information. The con- see a bipartisan conference, a full con- Mr. BARRETT of South Carolina. current resolution on the budget, you ference, a conference, frankly, as I his- Mr. Speaker, I ask unanimous consent indicate Thursday and Friday. Is there torically remember them. to have my name removed as a cospon- a possibility we might start it on My understanding, frankly, is from sor of H.R. 4755. Wednesday and then complete it on both now, the two ranking Democrats The SPEAKER pro tempore (Mr. Thursday, or do you expect to have it of the relevant committees, particu- BOOZMAN). Is there objection to the re- on the floor and hopefully completed larly the ranking Democrat of the quest of the gentleman from South on Thursday itself from the comments Ways and Means Committee, but also Carolina? that you made? the ranking Democrat, I guess, of the There was no objection. Mr. BOEHNER. If the gentleman will Education and Labor Committee, there f yield, really, there are no decisions yet is a concern that the conference is now LEGISLATIVE PROGRAM on just what the timing of these bills proceeding essentially in a partisan (Mr. HOYER asked and was given are next week. There just hasn’t been a fashion, that is to say, Democrats are permission to address the House for 1 decision on what bill will come when. not being included in the discussions. minute.) But I would hope that the 527 bill In fact, we believe that Mr. THOMAS is Mr. HOYER. Mr. Speaker, I yield to would be up Wednesday. Maybe we negotiating the tax and pension provi- my good friend, the majority leader could start the budget debate on sion with Republicans as if the two (Mr. BOEHNER), for the purpose of in- Wednesday. I think it is too early to conferences were one. quiring about the schedule for the tell. I want to tell you, Mr. Leader, obvi- week to come. Mr. HOYER. Reclaiming my time, ously, we have some substantial con- Mr. BOEHNER. I thank my colleague would I be correct in advising my col- cerns about that, as we have had in the for yielding. leagues that the probability is, and past in terms of our ability to partici- Next week, Mr. Speaker, the House that the plan is, as it has been in years pate in putting our views forth in the will convene Tuesday at 12:30 for morn- past, to allow such substitutes that are conferences themselves. I don’t know ing hour and 2 p.m. for legislative busi- offered: the Black Caucus usually has a whether you have any comment on ness. We will consider several measures substitute, the Progressive Caucus has that, but I would be certainly very in- under suspension of the rules. A final a substitute, Mr. SPRATT obviously we terested to hear it so I could relate to list of those bills will be sent to Mem- think will have a substitute. I don’t my colleagues what they might expect. bers’ offices by the end of the week, know if there are others. In the past, of I yield to my friend, the majority and any votes called on these measures course, they have been made in order. leader. will be rolled until 6:30 on Tuesday Is it your expectation we would follow Mr. BOEHNER. I thank my colleague evening. that same practice? for yielding. I have talked to Demo- On Wednesday and the balance of the I yield to my friend. crats here in the House. I have talked week, the House will consider the 527 Mr. BOEHNER. It is. to Democrats in the Senate about the reform bill, which was reported from Mr. HOYER. I thank the gentleman pension provisions in conference. And the Committee on House Administra- for that. That will facilitate a fuller everyone should know that at this tion. The House will also consider the consideration of the budget issues. point there have been some conversa- concurrent resolution on the budget. Mr. Leader, the tax reconciliation tions amongst the majority party in The Budget Committee completed its and pension conferences have been in each Chamber in order to try to put work last night. meetings, I presume, or at least have some framework together. But no one We are scheduled to work through been authorized for some period of should have any anticipation that we Friday next week. I can tell my col- time now. Can you bring us up to date are rapidly moving without our Demo- league that if we were to get our work on, if you know, the status of both the crat colleagues in the room. Senator finished before that, the House would tax reconciliation conference and the ENZI and I had a conversation about then adjourn for the district work pe- pension conference. I know there was this particular issue, on the involve- riod. some concern on your side of the aisle ment of our friends across the aisle, Mr. HOYER. I thank the gentleman and on ours, I think, to get the pension just yesterday; and so I understand the for that information. Reclaiming my conference done prior to April 15. It ap- gentleman’s concerns. time, the gentleman indicates that we pears that that might not happen at I do believe that there are times will be considering the 527 reform bill. this point in time. Can you bring us up when discussions have to occur My understanding is that is a free- to date? amongst the principals before you standing bill. We expected it might be I yield to my friend. bring the rest of the members into the in the lobbying reform bill, but am I Mr. BOEHNER. Both of those bills conference, and I expect it will happen correct that the lobbying reform bill are, in fact, in conference. There have with these two bills as well. will come later and the 527 bill deals been informal conversations and, for Mr. HOYER. Reclaiming my time, I only with 527s? that matter, formal conference meet- appreciate the sentiments of the ma- Mr. BOEHNER. Only with 527s. ings on both of those bills. The pension jority leader. I know the majority lead- Mr. HOYER. I thank the gentleman. conference, on which I sit, has made er has a history in dealing with his Can he tell me when he expects to some progress, but there is an awful lot bills of pursuing them in that fashion, move lobbying reform legislation. of work to do, and I think the members and we have appreciated it, as the gen- Mr. BOEHNER. Next week the five of the conference are concerned about tleman knows. I have expressed that to committees that are involved in put- making sure that this bill is right and him in the past. It has not always been ting together the lobby and ethics re- there are no unintended consequences. our experience. Clearly, these bills are form bills, all of those committees will And it seems unlikely to me at this of extraordinary consequence to work- be marking up their relative portion of point that that conference could con- ing men and women in this country, that bill. Once they have completed clude by the end of next week. particularly as it relates to the pension their work next week, there has been Closely related would be the tax con- bill as well as the tax reconciliation. no decision made on how to proceed ference. I don’t sit on the conference, Without trying to catch you up on from there in terms of the consider- and I don’t have as good a feel as what your words, but if I could just some- ation of those issues here on the floor. the timing might be. what, perhaps humorously, I hope, but

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.049 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1365 you said that you are not moving AMENDMENT PROCESS FOR CON- State proud, advocating for increased ahead rapidly, but you will let us SIDERATION OF CONCURRENT mine safety tools to help ensure other know, and you will not do so until the RESOLUTION ON THE BUDGET families do not experience the tragedy Democrats are in the room. Frankly, FOR FISCAL YEAR 2007 they have endured. But today is the McCloys’ day. We Mr. Leader, our concern is, and the Mrs. CAPITO. Mr. Speaker, the Com- continue to support Randal McCloy; concern of Democrats has been, that mittee on Rules may meet the week of his wife, Anna; and their children as once the Democrats get back in the April 3 to grant a rule which could their family’s road to recovery con- room it moves exceedingly rapidly, limit the amendment process for floor tinues, and we will always remember without really an opportunity for consideration of the concurrent resolu- the sacrifice made by his 12 co-workers. Democrats to make substantive con- tion on the budget for the fiscal year tributions, whether they win or lose in 2007. The Committee on the Budget or- f the conference. dered the concurrent resolution re- SPECIAL ORDERS I yield to my friend. ported late last night. The SPEAKER pro tempore (Mr. Mr. BOEHNER. I thank my colleague Any Member wishing to offer an for yielding. FITZPATRICK of Pennsylvania). Under amendment should submit 55 copies of the Speaker’s announced policy of Jan- Now, as the gentleman is well aware, the amendment and one copy of a brief I believe that all of us were elected by uary 4, 2005, and under a previous order explanation of the amendment to the of the House, the following Members our constituents, regardless of what Rules Committee in Room H–312 of the will be recognized for 5 minutes each. side of the aisle we are on, and we all Capitol by 2 p.m. on Tuesday, April 4, f have a constitutional right and duty to 2006. Members are advised that the text participate in this legislative process; of the concurrent resolution should be IRAQ AND A COMMONSENSE and the gentleman is well aware that made available on the Budget and the BUDGET there were a lot of conferences that I Rules Committees Web sites no later The SPEAKER pro tempore. Under a and members of my party never saw be- than March 31, Friday. As in past previous order of the House, the gentle- fore they were completed. And as the years, the Rules Committee intends to woman from California (Ms. WOOLSEY) gentleman is well aware, there are give priority to amendments offered as is recognized for 5 minutes. times when having the right people in complete substitutes. Ms. WOOLSEY. Mr. Speaker, with the room is important. And every bill Members should use the Office of this Congress blindly passing each and is different. Legislative Counsel to ensure that every one of the President’s requests So on the pension bill particularly, their amendments are drafted in the for more money for the war in Iraq, as I said, I have talked to Members on most appropriate format and should which is soon to exceed $300 billion in your side of the aisle, I have talked to check with the Office of the Parliamen- total costs, the time is long overdue for Democrats in the Senate as well, and I tarian to be certain their amendments a little common sense about how we would hope that sometime soon you comply with the rules of the House. spend the American people’s money. will see Members, more Members, Earlier this month I introduced new f brought into the room to try to help legislation, the Common Sense Budget move this process along. APPOINTMENT OF MEMBER TO Act of 2006, legislation that puts some Mr. HOYER. I appreciate the com- CONGRESSIONAL AWARD BOARD sanity back into the Nation’s fiscal ments of the majority leader, and I The SPEAKER pro tempore. Pursu- policy. This bill already has the sup- have confidence that he will work to- ant to section 803(a) of the Congres- port of more than 35 cosponsors. wards that end, and we look forward to sional Recognition for Excellence in It is beyond dispute that this admin- it. I thank the gentleman for both his Arts Education Act (2 U.S.C. 803(a)), istration, in tandem with the Repub- information and for his concerns about and the order of the House of December lican Congress, has been, to put it doing it in that fashion. 18, 2005, the Chair announces the mildly, less than fiscally responsible. And are they spending on the neediest f Speaker’s appointment of the following Member of the House to the Congres- Americans, those who need a hand up ADJOURNMENT TO MONDAY, sional Award Board: quite often just to make it from one day to the next? No, of course not. In- APRIL 3, 2006, AND HOUR OF Mr. CHOCOLA, Indiana MEETING ON TUESDAY, APRIL 4, stead, they fattened up the Pentagon f 2006 and lavished wealthy special interests b 1500 with subsidies and tax breaks. Mr. BOEHNER. Mr. Speaker, I ask Last fall’s budget debate actually ex- WELCOME HOME, RANDAL MCCLOY unanimous consent that when the posed the staggering hypocrisy of it all House adjourns today, it adjourn to (Mrs. CAPITO asked and was given because the very same congressional meet at 2 p.m. on Monday next, and permission to address the House for 1 majority that is responsible for the fis- further, when the House adjourns on minute.) cal decadence of the last several years that day, it adjourn to meet at 12:30 Mrs. CAPITO. Mr. Speaker, I rise suddenly started lecturing about thrift p.m. on Tuesday, April 4, 2006 for morn- today to welcome Randal McCloy back and responsibility. They were shocked, ing hour debate. to his home in Simpson, West Virginia. shocked, that spending had been going The SPEAKER pro tempore (Mr. Randal was one of the 13 miners on around here. FITZPATRICK of Pennsylvania). Is there trapped in the Sago mine on January 2 Federal money for Katrina recon- objection to the request of the gen- and was the lone survivor. He suffered struction, they decided, had to be off- tleman from Ohio? severe injuries to his heart, lungs, and set by budget cuts. Deficit spending is There was no objection. kidneys and was in a coma for several okay, apparently, when it comes to f weeks due to a lack of oxygen during upper-bracket tax cuts, but not for the 40 hours he was trapped below the poor people whose homes are under DISPENSING WITH CALENDAR surface. water. WEDNESDAY BUSINESS ON With all of the sadness West Vir- Well, guess what they chose to cut. WEDNESDAY NEXT. ginians have experienced in the coal The social safety net: Medicaid, food Mr. BOEHNER. Mr. Speaker, I ask fields this year, today we can rejoice stamps, public housing, students loans, unanimous consent that the business that Randal has recovered enough to and on and on. Just the kinds of pro- in order under the Calendar Wednesday leave the rehabilitative hospital and grams that saved my life and my chil- rule be dispensed with on Wednesday return home to his family and friends. dren’s lives when I was a single mom next. West Virginians have come together on welfare 35 years ago. To help people The SPEAKER pro tempore. Is there over the past 3 months to offer prayers on the gulf coast who lost everything, objection to the request of the gen- and support for the families of those they took from the people who have tleman from Ohio? who have lost loved ones. The families virtually nothing. That is your Repub- There was no objection. of the Sago miners have made our lican fiscal policy in a nutshell.

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.065 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1366 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Well, enough of that. It is time we in- Now, that mandate is expiring in The result: the ethanol-MTBE fiasco, vested more in our people and less in May, in large part owed to the disas the Journal puts it, is not the fault our defense contractors. My Common- covery of MTBE in some water sup- of Republicans on Capitol Hill, broadly Sense Budget Act would trim $60 bil- plies, a discovery that has trial lawyers speaking, but only about seven of lion in waste from the Pentagon budget salivating as they count down the them, all Senators, Senators who and put it to work on behalf of the peo- days. And the main culprit for its seep- joined obstructionist Democrats and ple and the programs that truly ing into water supplies is faulty, eco-extremists to punish an innocent strengthen America. The money would unrepaired, leaking underground stor- industry. be distributed as follows: $5 billion a age tanks. House Republicans warned all along year for homeland security to make up But the producers of those do not about the MTBE pullout, the ethanol for funding shortfalls in emergency have the deep pockets of MTBE pro- shortfall, and the resulting spike in gas preparedness, infrastructure upgrades, ducers. Thus, when MTBE producers’ prices just in time for the 2006 summer and grants for first responders; $10 bil- liability protection expires in May, as traveling season, and we were right. lion each year for energy independence, the editorial states: ‘‘Producers and re- MTBE liability protection is the only to kick the imported oil habit that we finers will face far greater liability, thing standing between the American have in this Nation by investing in effi- which has set off a race to exit the people and $3-a-gallon gas this summer. cient, renewable energy sources; $5 bil- market’’ because, as history has And the only thing standing between lion devoted to putting a dent in the shown, the vultures in the lawsuit- MTBE-liability and the President’s sig- $8.2 trillion national debt; and for chil- happy trial bar will pounce on those nature is a collection of Senators, the dren’s health care, $10 billion annually with the deepest pockets. long-term effects of whose shortsighted to provide health care coverage for the In other words, the Federal Govern- grandstanding are only now starting to millions of uninsured American chil- ment mandated the production and ad- be felt. dren; $10 billion over 12 years to rebuild dition of MTBE as a clean air additive So, Americans, when it hits $3 a gal- and modernize every public K–12 school to the Nation’s fuel. But now the gov- lon, call the Senate. in this country; $5 billion a year to re- ernment says that mandate, while good Hopefully, yesterday’s editorial will train 250,000 Americans who have lost for clean air, turns out actually to give MTBE-protection new life in Con- their jobs because of foreign trade; have been bad for groundwater. Now gress. And if not, drivers, especially in medical research, $2 billion a year to the government wants to let trial law- those States of Senators from New restore recent cuts to the National In- yers hold the industry accountable for Mexico, Arizona, Maine, Vermont, stitutes of Health budget; and $13 bil- environmental problems the govern- Iowa, Illinois, North Dakota, South lion a year in humanitarian assistance ment itself created with its original Dakota, Nebraska, and New Hamp- that allows poor nations to feed 6 mil- mandate. Meanwhile, the Nation’s eth- shire, will know who to thank. lion children who are at risk of dying anol producers, who must now fill the f from starvation every year, to end additive void created by the widespread global hunger. and predictable MTBE pullout, have al- b 1515 The money is there to make an ex- ready admitted they cannot meet the traordinary difference in people’s lives. THE ECONOMY IS NOT AS ROSY AS new market demand. REPUBLICANS CLAIM We just need to challenge the en- No MTBE and not enough ethanol trenched interests and take on the sa- will mean less gasoline on the market, The SPEAKER pro tempore (Mr. cred cows. less gasoline that can be prepared for FITZPATRICK of Pennsylvania). Under a General Larry Korb worked with the the market, creating a shortage of sup- previous order of the House, the gentle- Progressive Caucus and me to draft ply and thus higher prices. In other woman from New York (Mrs. MALONEY) this model alternative, and Ben Cohen words, come Memorial Day, gas prices, is recognized for 5 minutes. from Ben & Jerry’s Ice Cream and the which are already higher than they Mrs. MALONEY. Mr. Speaker, if you organization Business Leaders for Sen- have been since the early days after look at the headline economic numbers sible Priorities also helped make the Hurricane Katrina, stand to spike even and listen to the Bush Administra- introduction of this bill possible. higher. tion’s talking points, you could get the There are models of good corporate All of this economic analysis in the impression that the economy is in pret- citizenship, you see, businesses that Journal’s editorial, regrettably, is ty good shape. understand that the return on these in- true. What is not true is the editorial’s But when we talk to our constitu- vestments will benefit the entire soci- insinuation that congressional Repub- ents, we get a very different picture. ety: a skilled workforce, healthy chil- licans are to blame for it. We hear anxiety about the economy, dren, modern schools, fewer fossil fuels, On the contrary, Mr. Speaker, House and a feeling that things are not going better fire departments, scientific Republicans fought for years to include very well for the typical American progress, less debt. These socially re- MTBE-liability protection in the en- family. The White House seems puzzled sponsible businesses understand what ergy bill. The bill was shelved in 2003 by this discrepancy, but it is very sim- makes America strong and safe, and it when a Democrat-led filibuster, joined ple. is not a bloated Pentagon budget that by liberal Republicans, succeeded in The benefits of the economic recov- continues to invest in Cold War. killing it, an outcome brought about, ery from the 2001 recession have not f the then-Democrat leader said, by ‘‘the been going to ordinary Americans. GAS PRICES House Republican leadership’s insist- President Bush likes to cite statistics The SPEAKER pro tempore. Under a ence on inclusion of retroactive liabil- on how fast the economy is growing previous order of the House, the gen- ity protections for MTBE.’’ and how much productivity has in- tleman from Texas (Mr. DELAY) is rec- So in 2004 the energy bill effectively creased. ognized for 5 minutes. died when the Senate Energy and Nat- But what he does not mention is Mr. DELAY. Mr. Speaker, gas prices ural Resources chairman unilaterally that, on his watch, the economy went are rising and someone is to blame. pulled the MTBE provisions from the through the most protracted job slump The root cause of the rising gasoline Senate version of the legislation. So, in decades. There is still considerable prices, as an editorial in this week’s finally, in 2005 the MTBE-protection evidence of hidden unemployment and Wall Street Journal rightly states, is provision was described by the House that the benefits of productivity the incredible shrinking of supply of a minority leader as a ‘‘disgraceful . . . growth have been showing up in the gasoline additive called MTBE. The giveaway.’’ Enough Senate Republicans profits of companies rather than in the production of MTBE has been for 15 agreed with this false assessment to paychecks of ordinary American work- years the direct result of a Federal ensure that the energy bill was finally ers. mandate that such oxygenates be in- passed, after 4 years of effort, without Yes, workers have become more pro- cluded in the Nation’s gas supply. It the desperately needed MTBE provi- ductive. They produce more and more was mandated by a Democrat Congress sions that House Republicans advo- in each hour that they work, but they seeking to help clean the environment. cated for so long. have not been getting this reward in

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.068 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1367 their own paycheck for their produc- PROBLEMS WITH MEDICARE still delivering medicine to seniors who tivity. Average hourly earnings have PRESCRIPTION DRUG PLAN cannot come out of the house or after not keep up with inflation for the past The SPEAKER pro tempore. Under a hours when someone needs an emer- 2 years, and they barely kept even the previous order of the House, the gentle- gency prescription. This Congress needs to do the right year before that. woman from Florida (Ms. CORRINE thing for our parents and grandparents Median family income has failed to BROWN) is recognized for 5 minutes. keep up with inflation every year Ms. CORRINE BROWN of Florida. and extend this silly deadline date of under President Bush. Mr. Speaker, Mr. Speaker, the countdown to the May 15, allow the Secretary to nego- even more disturbing than the general Bush drug tax, 44 days before May 15. tiate bulk prices, and should make the stagnation in wages and incomes is the May 15. appropriate changes that will save growing gap between the ‘‘haves’’ and Last week, during the break, I held America’s local pharmacies from ex- the ‘‘have-nots’’ in this country, as in- six town hall meetings throughout my tinction. come earnings disparities have wid- district on the new Medicare Part D Again, I encourage my colleagues to hold their meetings and talk to their ened. prescription drug program. And I would encourage all of my colleagues to do seniors and pharmacies about the drug This is an extremely troubling trend plan. And seniors, for God’s sake, the same. Not only did it give my con- for everyone in our country. Those who please look at this: May 15, you need to stituents a chance to get the help that are already well-to-do are indeed doing sign up. But if you have questions, call they needed and answered their ques- very well in the Bush economy. But the Medicare counselors at 1–800–Medicare, tions, it gave me an opportunity to typical American family is struggling that is, 1–800–633–4227. That is May 15. really find out how the new program is to make ends meet in the face of high That is the drop-dead date. Thank you. costs for energy, health care and col- working or, should I say, not working. lege education for their children. Unfortunately, I heard a lot of horror f The SPEAKER pro tempore. Under a This chart illustrates the problem stories from a lot of people. Not only is picking a plan extremely complicated, previous order of the House, the gen- very clearly. The red bars show the tleman from North Carolina (Mr. growth in the inflation adjusted usual but the arbitrary date of May 15 makes absolutely no sense. I have been an JONES) is recognized for 5 minutes. weekly earnings of full-time wage and (Mr. JONES of North Carolina ad- salary workers under President Bush elected official for over 25 years. And this is the first time I have seen people dressed the House. His remarks will ap- at different points in the earnings dis- pear hereafter in the Extensions of Re- tribution. who are going to be penalized for the rest of their lives if they do not sign up marks.) You have to be in the upper half of by a certain date, May 15. f the distribution to have seen any gain. Not only having them to set a ridicu- The SPEAKER pro tempore. Under a Earnings at the top have grown fastest lous short time to sign up for this com- previous order of the House, the gentle- relative to inflation, and earnings at plicated plan, but the next time seniors woman from Ohio (Ms. KAPTUR) is rec- the bottom have fallen farthest behind can sign up will be November 15 ognized for 5 minutes. inflation. through December 31, that includes (Ms. KAPTUR addressed the House. I would note the contrast with the both Thanksgiving and Christmas holi- Her remarks will appear hereafter in last 5 years of the Clinton Administra- days. So it is very complicated for sen- the Extensions of Remarks.) tion, which is illustrated with the blue iors. f bars when earnings and gains were The Republican leadership wrote a AMERICA’S POLICIES IN IRAQ strong and spread throughout the earn- bill that prevents the Secretary of The SPEAKER pro tempore. Under a ings distribution. Health and Human Services from nego- previous order of the House, the gen- Mr. Speaker, the economic policies of tiating the price of the drug, even tleman from New Mexico (Mr. UDALL) the Bush Administration are not bene- though both the Secretary of Veterans is recognized for 5 minutes. fitting ordinary American families. Affairs and the Secretary of DOT are The Bush economy and Bush economic Mr. UDALL of New Mexico. Mr. negotiating these prices right now. Speaker, I just returned from Iraq on a policies have produced a widening gap Can you imagine what would happen congressional delegation trip with Sen- between the ‘‘haves’’ and the ‘‘have- if Wal-Mart, if we told Wal-Mart they ator MCCAIN. And I wanted to report to nots,’’ and they have produced a legacy could not get a reduction price on bulk of deficits and debt that leaves us un- my constituents. buying? Every Republican in this The first thing that I have concluded prepared to deal with the budget chal- House would be on this floor screaming in looking at the situation there and in lenges posed by the retirement of the bloody murder. But when it is the visiting there is that we need a special baby-boom generation. needs of our seniors, there is a deaf ear; envoy sent by the President of the And that weakens the future stand- you do not hear them. United States to move forward with a ard of living of our children and grand- This bill allows the private plans to national unity government. children. We need to do better. We can take drugs off of their approved lists Things on the ground are not going do better if we focus on policies that and even charge more for drugs during well. Things are deadlocked. There has address the economic challenges facing that year. They can charge more, while been no government since 3 months the ordinary American worker. seniors are locked in and cannot after the election. We have a lame change plans until the next year. duck government, and we have a cru- f It also turns seniors into criminals. cial international situation going on. The SPEAKER pro tempore. Under a Yes, criminals. What do I mean? If they The current government is riddled by previous order of the House, the gen- buy drugs that are cheaper, let us say corruption and inertia. So, Mr. Presi- in Mexico or Canada, they will be tleman from California (Mr. DREIER) is dent, we need to send a special envoy. recognized for 5 minutes. criminals. Secondly, I visited the troops in Iraq, And one of the most troubling as- (Mr. DREIER addressed the House. some New Mexicans and many others pects of this bill, and the one that most His remarks will appear hereafter in from across the country. And when I people talk about is the doughnut. the Extensions of Remarks.) think of what they have done since the What do you mean doughnut? Well, no invasion over 3 years ago, it makes me coverage is provided after you spend very proud. Saddam Hussein and his f $2,250 until your cost reaches $5,001. sons are out of commission. We have The SPEAKER pro tempore. Under a That is $3,000 out-of-pocket. held three elections, and the Iraqis previous order of the House, the gen- Lastly, I want to talk about the inde- have adopted a constitution. tleman from Illinois (Mr. EMANUEL) is pendent pharmacists. This bill is kill- We have trained over 224,000 troops to recognized for 5 minutes. ing your small town pharmacists who the highest levels of training, more (Mr. EMANUEL addressed the House. have been in business for years. They than 100,000 police and security per- His remarks will appear hereafter in still know their customers by name. sonnel. We have spent billions of dol- the Extensions of Remarks.) They are the only pharmacists who are lars in reconstruction.

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.070 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1368 CONGRESSIONAL RECORD — HOUSE March 30, 2006 The Iraqis have made progress, and I where we have got groundwater prob- we’re going to be putting in a tunnel in do not know what more we can ask of lems, seismic activity, volcanic activ- Nevada.’’ our troops. But overall this visit solidi- ity, is good for the health and well So I said to him, Well, if it’s in a tun- fied my belief that it is time for the being of this Nation. nel, how come we are going to get a Iraqi people to step forward and take It is not. And Yucca Mountain John- mushroom cloud? Oh, well, I wasn’t control of the situation in their coun- ny has got to be dumped before there is quite right about that either. It’s not try. a nuclear dump at Yucca Mountain. really in a tunnel. It’s going to be Our troops are caught in the middle But the latest thing that has just oc- above ground. I said, Well, how can it of religious and ethnic disputes. Sec- curred that I want to share with the be above ground at the Nevada test site tarian violence is rampant in many American people, through you, Mr. and not disturb the dirt that is radio- areas. Iraqis must step up to the plate Speaker, is it makes Yucca Mountain active? He said, Well, we’re taking care and resolve these disputes themselves. Johnny pale in comparison. of that too. I said, What happens if there’s wind? Is the wind going to be As President Kennedy said of South b 1530 Vietnam in the summer of 1961, ‘‘In the blowing this mushroom cloud to Las end, it is their country, and they are Let me read to you what came over Vegas? Is it going to Utah? He couldn’t going to have to fight for it.’’ the wire today that I read: ‘‘The U.S. tell me that either. Therefore, we need a change of course military plans to detonate a 700-ton ex- This is a serious issue for the people in our foreign policy. Staying the plosive charge that will send a mush- of the State of Nevada. It’s bad enough course is no longer acceptable. We need room cloud over Las Vegas. ‘I don’t that we didn’t get prior notice, and ob- to take two actions: One is announce a want to sound glib,’ says the head of viously the congressional delegation phased redeployment of our troops out- the Defense Threat Reduction Agency, wasn’t briefed; but the people of the side of Iraq. This redeployment should ‘but it is the first time in Nevada that State of Nevada haven’t been briefed be complete by the end of this year, by you will see a mushroom cloud over either. But if you look further at this 2006. Number two, we need to put the Las Vegas since we stopped testing nu- press release that has been sent out, it Iraqis on notice that they must assume clear weapons.’’’ says the Russians, the Russians have responsibility. Of course, as we phase Well, it isn’t glib to me, Mr. Speaker. been notified of this test. So we have notified the Russians. We just ne- this redeployment, we need to assist It is a very serious thing when I have glected to notify the Americans? them and train them and do everything an administration official, the head of I think this is a bad idea. We need we can during that period to make sure an agency, stating that he is going to detonate a 700-ton bomb that is going more information. And before you start they have the best chance of success. detonating 700-ton explosive devices at But this is their fight at this point. to send a mushroom cloud over the community that I represent, where my Nevada test site, we’d better do a thor- f parents live, my children live, and ough study of the environmental im- The SPEAKER pro tempore. Under a 700,000 Nevadans live as well. So I pact. Because if you are going to be previous order of the House, the gen- called this gentleman, and I asked him disturbing that dirt that is radioactive tleman from Indiana (Mr. BURTON) is to please explain this quote. and having a mushroom cloud out of recognized for 5 minutes. Glib? He is going to send a mushroom Las Vegas, the people of Las Vegas, the (Mr. BURTON of Indiana addressed cloud, detonate a mushroom cloud over people of the State of Nevada better the House. His remarks will appear Las Vegas, Nevada. Well, he said, it know about it, and we better stop this hereafter in the Extensions of Re- was a poor choice of words, but that is madness if that is what is going to hap- marks.) what we are going to do. So I asked pen. f him, When is it going to take place? It So I call upon this Defense Threat The SPEAKER pro tempore. Under a is going to take place in June. I said, Is Reduction Agency to work with my of- previous order of the House, the gen- it really going to be a mushroom cloud fice, work with the congressional dele- tleman from North Carolina (Mr. over the State of Nevada. Isn’t that a gation from Nevada, and let’s figure out if we can maybe put this explosive BUTTERWORTH) is recognized for 5 min- tad insensitive given the fact that we detonation some place else where there utes. had nuclear experiments and weapons aren’t 1.6 million southern Nevadans (Mr. BUTTERWORTH addressed the detonated at the Nevada test sites in and hundreds of thousands of tourists House. His remarks will appear here- the fifties and the sixties? He said, in the Las Vegas area at the time. after in the Extensions of Remarks.) Well, it might have been a little insen- f f sitive, but that’s what we are doing. So I said, Well, is it going to be over REFORM LIBERAL LUNACY YUCCA MOUNTAIN Las Vegas? Well, not really Las Vegas. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under a I misspoke. It is going to be at the Ne- FITZPATRICK of Pennsylvania). Under a previous order of the House, the gentle- vada test site. I said, Well, will we be previous order of the House, the gen- woman from Nevada (Ms. BERKLEY) is able to see it from Las Vegas? Yes, tleman from North Carolina (Mr. recognized for 5 minutes. you’re going to be able to see it from MCHENRY) is recognized for 5 minutes. Ms. BERKLEY. Mr. Speaker, earlier Las Vegas. Well, how big is it going to Mr. MCHENRY. Mr. Speaker, today I this morning, I came to the floor of the be? Well, we don’t know yet how big it rise to speak about 527s. 527s are House and stood in the well to tell the is going to be. I said, Well, where at the groups, shadowy groups, that work out- American people about a cartoon char- Nevada test site is it going to be deto- side of campaign finance disclosure acter by the name of Yucca Mountain nated? He said, Well, we are doing stud- laws. They work outside of our cam- Johnny that the Department of Energy ies, and it is going to be detonated in a paign finance reforms that we passed has created which has been funded by place that is safe. just a few years ago. They are groups the taxpayers of the United States of I said, Well, how can it be safe when that do not disclose their donors in the America. there were over 900 nuclear detonations way that other traditional campaign The purpose of creating this cartoon in the fifties and sixties and that land groups do. They are groups that have character is to help convince the chil- is very toxic and very radioactive? He unlimited contributions. They are dren of the State of Nevada that stor- said, Well, we are going to do it in a groups that come in and perhaps target ing radioactive toxic nuclear waste at place that isn’t radioactive, although members in different races or can- Yucca Mountain, Nevada, is okay for he couldn’t tell me where, he couldn’t didates in different races, yet they do them. It is bad enough that the Depart- tell me how. not actually say who they are. ment of Energy has been trying to con- If I can continue reading this, he So today I want to say that as a convince the people of the State of Nevada says: ‘‘We also have,’’ are you ready for servative and as a Member of this and the United States of America that this, this man doesn’t realize how seri- House what I am fighting for is open- shipping 77,000 tons of toxic nuclear ous what he is proposing is, ‘‘we also ness and full disclosure and allowing waste across 43 States to be buried in a have,’’ are you ready for this, ‘‘a 700- sunshine on this political process that hole in the middle of the Nevada desert ton explosively formed charge that we as Americans grow to trust.

VerDate Aug 31 2005 02:27 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.076 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1369 Look, in 527s last year, in the 2004 who their donors are and abide by the uary 4, 2005, the gentleman from Flor- campaign cycle, there is $370 million. same rules and regulations that all ida (Mr. MEEK) is recognized for 60 min- $370 million, Mr. Speaker, that flowed campaign groups must abide by. utes as the designee of the minority through these groups outside of cam- The original intent from the Demo- leader. paign disclosure. These groups can crats was to root out big money in pol- Mr. MEEK of Florida. Mr. Speaker, it come in and do all sorts of cam- itics. They said not just a few years is once again an honor to come before paigning, but yet they do not have to ago, not but just a few years ago, ‘‘ ... the House. As you know, those of us disclose like a campaign would. So the money that threatens to drown out the that are in the 30-something Working voters do not know who is working, voice of the average voter of average Group, we come to the floor to share who is out there putting this informa- means, money that creates the appear- not only with the Members but the tion out. $370 million, Mr. Speaker, ance that a wealthy few have a dis- American people about what is hap- flowed through 527s. That is more than proportionate say over public policy.’’ pening under the Capitol dome here, or both the Kerry and Bush campaigns Yet today, Mr. Speaker, the Democrats what is not happening. combined spent on the Presidential and the left in this body are more be- We want to thank the Democratic election. This was done outside of cam- holden than ever to big money politics leadership for allowing us to come to paign disclosure. and 527 groups and we will reform this the floor again: Leader PELOSI and Mr. Over one-fifth of the $370 million liberal lunacy. STENY HOYER, our whip, and also the funded through 527s came from four in- f chairman, Mr. JIM CLYBURN, and our dividuals; one-fifth of the $370 million, The SPEAKER pro tempore. Under a vice chairman in assisting us in mov- four individuals. So much for taking previous order of the House, the gen- ing towards a stronger message to the big money out of politics, which is tleman from Florida (Mr. BILIRAKIS) is American people. what my colleagues on the left wanted recognized for 5 minutes. I am so glad to be here with my good to do through campaign finance reform (Mr. BILIRAKIS addressed the friend and colleague in the struggle for and many active in politics wanted to House. His remarks will appear here- the truth and to make sure that we do. So much for taking big money out. after in the Extensions of Remarks.) move America forward in many areas, We created a loophole that 527s are f even though we are serving in the mi- allowed to use, or have taken advan- The SPEAKER pro tempore. Under a nority here in the Congress. I think our tage of, I should say. Over 80 percent of previous order of the House, the gen- constituents and also the American 527 donors gave at least a quarter of a tleman from Texas (Mr. POE) is recog- people, Mr. Speaker, look for us to use million dollars. Think about that. That nized for 5 minutes. every avenue possible to be able to is truly big money in politics, Mr. (Mr. POE addressed the House. His make their lives more secure, to be Speaker. Forty-six individuals gave at remarks will appear hereafter in the able to make sure we stand up on be- least a million dollars to 527 groups. Extensions of Remarks.) half of their health care, that we make sure that future generations have a That is even bigger money. So we have f better environment than what they created a two-tier system in campaign The SPEAKER pro tempore. Under a have right now. finance: one where people have to dis- previous order of the House, the gen- So with that, Mr. RYAN, it is so good tleman from Maryland (Mr. CUMMINGS) close; another where they shadow a to come back to the floor with you is recognized for 5 minutes. group’s act. again, sir. We usually come to the floor Look, the biggest big daddy of them (Mr. CUMMINGS addressed the and it is dark outside. It happens the all for 527s was a billionaire, what I House. His remarks will appear here- sun is out; and as you know, the Con- like to call the Daddy Warbucks of the after in the Extensions of Remarks.) gress is recessed for the week, but we Democrat Party, George Soros, the f are still here working, sir. Daddy Warbucks of the Democrat The SPEAKER pro tempore. Under a Mr. RYAN of Ohio. Thank you, my Party. He is pumping wads of cash into previous order of the House, the gentle- friend. One quick piece of business that 527s to influence elections for his left woman from North Carolina (Ms. FOXX) has been mentioned several times here wing agenda. Soros is one of the richest is recognized for 5 minutes. today is the countdown to the Bush men in the world. He spent $18 million (Ms. FOXX addressed the House. Her prescription drug tax. on campaign finance reform to root out remarks will appear hereafter in the Now, for those Members who do not big money in politics. How hypocritical Extensions of Remarks.) remember, the Republican Congress is that? He spent all that money for f voted this boondoggle a few months campaign finance reform, yet once The SPEAKER pro tempore. Under a back, told us it was $400 billion before campaign finance reform is passed, previous order of the House, the gen- we cast a vote on it, and it ended up what does he do? He pumps wads of tleman from California (Mr. SCHIFF) is being $700 billion. The real number was cash, millions, tens of millions of dol- recognized for 5 minutes. actually hidden from Members of the lars to those shadowy 527 groups. (Mr. SCHIFF addressed the House. United States Congress before they Fortune Magazine called him the His remarks will appear hereafter in voted. world’s angriest billionaire. He is with- the Extensions of Remarks.) What happens is through this bill out a doubt the most powerful Demo- f seniors have until May 15 to sign up for crat in the country right now. He has a The SPEAKER pro tempore. Under a the prescription drug plan, and if they far left agenda and you cannot move previous order of the House, the gen- do not sign up by May 15, they are any farther left to him until you go tleman from Maryland (Mr. VAN going to be penalized with the Bush down south to Havana, to be honest HOLLEN) is recognized for 5 minutes. prescription drug tax, which means with you. (Mr. VAN HOLLEN addressed the that there will be an increase in Soros is an example of liberal lunacy, House. His remarks will appear here- monthly premiums by 1 percent for and it goes to the heart of what my after in the Extensions of Remarks.) every month they do not sign up. So if colleagues on the left have been articu- f they do not sign up by May 15, they lating, which is a culture of hypocrisy. The SPEAKER pro tempore. Under a will not be eligible to sign up, I think, A culture of hypocrisy, Mr. Speaker, previous order of the House, the gen- until January of 2007 to begin again. that we need to take on as the major- tleman from New Jersey (Mr. HOLT) is That means there will be a 7 percent ity in the House. As a Republican and recognized for 5 minutes. increase if seniors do not sign up by as a conservative, I am going to point (Mr. HOLT addressed the House. His May 15. out the culture of hypocrisy that the remarks will appear hereafter in the This is a complex plan, a complicated 527 groups that the left wing in this Extensions of Remarks.) plan; and we are rushing and forcing our seniors to make a decision. So we body are taking advantage of. f That is why I think we need to come just want to put a little X here on forward with true campaign finance re- 30-SOMETHING WORKING GROUP Thursday, March 30, a couple days be- form, make the 527 groups accountable The SPEAKER pro tempore. Under fore the Final Four begins, so our sen- and disclose to the American people the Speaker’s announced policy of Jan- iors know that the countdown is on and

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.081 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1370 CONGRESSIONAL RECORD — HOUSE March 30, 2006 they have several weeks before this Let us talk about who those foreign they did. It is because we have had a President will levy a tax on them. nations are, and I think it is important Republican Congress that has been the Mr. MEEK of Florida. Thank you, again. This chart here has nothing to rubber stamp Congress for the Presi- Mr. RYAN. do with the weather. It is a silhouette, dent of the United States and not doing Yesterday, Mr. Speaker, many Mem- Mr. Speaker, as you can see of the what they should be doing in Article I, bers of the House had an opportunity United States of America. Who are we section 1 of the Constitution, and that to witness a strong message again of selling our debt off to? Who are we in- is a fact. They have been rubber stamp- commitment towards security; and debted to now? Because before this ing everything that the President has those of us that are in the minority President and this Republican majority wanted. party have been working very, very took over, we were talking about sur- Mr. RYAN of Ohio. This is President hard to increase security here in the pluses. Bush’s Congress. United States, especially homeland se- I am speaking here as a Democrat Mr. MEEK of Florida. This is Presi- curity. We are going to talk a little bit from the party that, guess what, we dent Bush’s Congress. Mr. RYAN of Ohio. This is his Con- about that today. And I think when we balanced the budget. We told folks that gress. They toe his line. were here, I know when we were here we would balance the budget and that Mr. MEEK of Florida. And the bot- the night before last, we talked about we would cut down on spending, and the fact that just because the majority tom line is, it is like having, Mr. guess what, we did it. But, you know, Speaker, a board of directors of a side says that we have security does once again you have the other side, the not really mean we have security. bunch of people like bobble heads going Republican majority, saying: Trust us, up and down like this: What do you b 1545 we are fiscally responsible. Some folks want, Mr. President? You want to The majority side has said that we may say the folks on the Democratic make tax cuts permanent for million- are going to make sure that we are fis- side, they like to spend money. Well, aires and billionaires? We are with you. cally responsible, but we found out who is spending now? You want to give subsidies to oil com- later and we know now that the Repub- China, Red China, many people in panies that are making record profits lican majority has put us into record- your district in Ohio are training peo- while the American people are paying breaking deficits. ple to go to China to do their jobs. through the nose for oil and for gas If I can, just to start this off, Mr. Meanwhile, they are trying to make prices? We are with you all the way. Speaker, because I like to use visual ends meet, and they are a part of the All the way, Mr. President, you can aids and I know we are going to talk millions of Americans without health count on this Republican Congress be- about security, but I think it is impor- care, and Red China, we owe them cause we are going to do it. tant because folks just feel we may $249.8 billion. They bought our debt to Hey, guess what, we are going to put come to the floor, the 30–Something that point, and we owe them. it on the credit card. And folks used to Working Group comes to the floor, we Japan, the little small island of say future generations. This is dealing go in the back room, we just dream up Japan. They own $680.8 billion of our with right now, and so just because you things to say, and this is not the case debt. Those are the big numbers. see a majority stands up there and because, Mr. Speaker, unfortunately, UK, they own $223.2 billion of our they have this big chart behind them there is so much bad news over- debt. saying fiscal responsibility, we want to whelming the good news as it relates to This is not by the Democrats now I cut the budget in half, the deficit in future generations and this generation must add, and I challenge any Repub- half; that is not true. on how we are going to function as lican that wants to come down here So that is the reason why we are here Americans and as a country. right here, right now. This is not the on this floor today. That is the reason No other time, I must add, before I WWF cage match. I want them to come why we are sharing with the American bring this chart up, has the country here right now and explain to us, how people, and I can tell you, Mr. Speaker, been in the fiscal situation that it is in is this positive for Americans in the fu- I would be concerned if I was a Repub- right now as it relates to foreign coun- ture and right now? lican Member of Congress because I can tries owning our debt. Korea, $66.5 billion that they own of tell you right now, as a Democrat who Now I want to put this up, and I the American apple pie. represents Republicans, Democrats, think it is important. You have seen Canada, $53.8 billion of the American Independents, I represent Americans. this chart before. We have said that apple pie. They are all coming to me. They are this chart may very well be in the Na- Germany, some of our veterans, $65.7 not coming up to me and saying, hey, I tional Archives one day because it will trillion. am a Republican and I have got to document that there were Members on Taiwan, the small island of Taiwan, stick with Republicans because I am the floor identifying to other Members $71.3 billion. Republican. No, they are saying I am on the majority side because they And OPEC nations, now Mr. Speaker, an American and I am concerned about voted for this to happen. No other time this is very interesting because OPEC what is happening in Washington, D.C.; in the history of the country have we nations, we are talking about Saudi I am concerned about the fact that I borrowed $1.05 trillion from foreign Na- Arabia, we are talking about Iraq, we am going to have to pay more for my tions in just 4 years. Matter of fact, we are talking about Iran, who we have grandchild’s education because we have were not able to do it in 224 years, Mr. real issues with, OPEC Nations, they not done what we are supposed to do in Speaker. We were not able to do it in are a part of the American apple pie; the fiscal way to make sure that we are 224 years; $1.05 trillion just for Presi- $67.8 billion of our debt we owe them. there; we do not cut student opportuni- dent Bush and the Republican Con- Now, anyone, Mr. Speaker, who has ties so they can train themselves for gress, it says right here below this pic- been in a financial situation before and the next generation. I am concerned, ture because we cannot leave the Con- has made youthful indiscretions on Congressman, that the Congress is not gress out because he could not do it all spending knows when a creditor calls investing in innovation so that we can by himself. You have 42 Presidents here you and they call in the tab for this have engineers, we can have scientists, going back to the First Continental payment, they disrespect you from the so that we do not have to raise the visa Congress, 224 years, and there they beginning. They do not call up and say, rate to be able to bring folks in from were only able to borrow $1.01 trillion. Mr. RYAN, I am calling from whoever another country to take U.S. jobs be- Well, folks may say, well, Congress- the lender may be, when do you think cause we have CEOs that are begging man, we are at war; Congress, 9/11. that you can return payment? No, they us for the opportunity to have an edu- Guess what, these 42 other Presidents call you TIM, because they disrespect cated and ready-to-go workforce, and had the Great Depression, World War I, you from the beginning. we cannot provide it because these kids World War II, a number of other wars I am concerned, Mr. Speaker, that we cannot get into schools, but mean- in between. They had all of these issues are going to find ourselves in a situa- while, we are standing up for the bil- that were challenging America, but tion where these countries are going to lionaires in this country, and we are they never sold America off to foreign start disrespecting the United States of standing up for bad policy in this coun- nations. America, not because of something try.

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.089 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1371 No one is questioning the whole issue They raised the debt in June of 2002 Congress, and they refuse to accept it as it relates to Iraq. You heard one of by $450 billion; May of 2003 by $984 bil- time and time again. our Members just got back, said this is lion; November of 2004, $800 billion; and Now, the funny part about it, and not what we need on the ground in Iraq. We just 2 weeks ago, we did it again by really funny ha-ha, just funny peculiar, go to Iraq. We fought for our troops to several hundreds of billions of dollars. is that this is the same outfit that get them what they need. The bottom Almost $9 trillion is the limit the campaigned in 1994, Mr. Speaker, that line is we have to govern, and the rea- United States can go and borrow. they were going to pass a balanced son why you see all of these scandals As the gentleman from Florida said, budget amendment to the United and all of the wasted money, Mr. we are borrowing it from the Chinese, States Constitution. They wanted to Speaker, is that the Congress is over the Japanese, OPEC countries. Can you enshrine balanced budgets into the here doing this. imagine, we are going to the oil pro- U.S. Constitution and make a constitu- Mr. RYAN of Ohio. Bobble heads. ducing countries to borrow money? Are tional amendment. Now, 12 years later, Mr. MEEK of Florida. Bobble heads they not getting enough of our money they are the most fiscally irresponsible on the other side of the aisle saying, we right now? I think they get plenty of group that has run the show in the are with you all the way. our money, Mr. Speaker. United States Congress. So when they say we stand up to the Now, what did the Democrats try to Time and time again, when Demo- President every now and then, that is do to stop the insanity? We have a lit- crats have tried to rein in spending, we not what the Constitution says, Mr. tle provision here that was imple- keep butting our heads up against the Speaker. The Constitution says that mented in the early 1990s, and it basi- Republican majority, President Bush’s we are the House that represents the cally said if you want to spend money, bobblehead Congress that just con- people of the United States of America. you have got to go find it somewhere. tinues to say ‘‘yes’’ to every single If they are in a wheelchair, walking up- You have either got to raise revenue or thing that they do. right, if they are white, they are black, you have got to cut spending from an- I remember, too, my good friend from Hispanic, whatever the case may be, we Florida, time and time again we heard are charged to represent them, and other program in order to bring it into balance. It is called pay-as-you-go, just about how government needs to be run when we are making history in all the like a business. And you know what, wrong areas, borrowing from foreign kind of like you do at home. Mr. MEEK of Florida. If a family had put me in. Sign me up. I agree. I think nations in 4 years more than in the 224 it should be run like a business. But years of 42 Presidents, and folks are this kind of situation where they had when you apply this scenario to a busi- not alarmed? We are far beyond poli- debt and they were trying to catch up ness model, we are the board of direc- tics right now, Mr. Speaker. We are in on that debt, the first thing when you tors, the United States Congress, and a situation to where either we have get out of that or you get a second the majority in particular. The Presi- some folks on this floor that are will- mortgage or you get some sort of loan dent is the CEO. So if the CEO keeps ing to lead on behalf of the American to consolidate your debt, the first going back to the board to say, hey, we people, no longer sell our debt off to thing that lending officer says is, to do want to go borrow more money, the foreign nations that we have issues what? Cut your credit cards up. board should at least ask some ques- with, or we are just going to continue Mr. RYAN of Ohio. Right. tions, like, Where are you spending it? to go down this fiscal track, slippery Mr. MEEK of Florida. Because from And when you hear where they are slope, until we get to a situation to this point on, you can only buy what spending it, in Iraq a $1.5 billion a where we are not going to be the super- you can afford, not just continue to put week, and then Halliburton, who is get- power that we have been in the past of it on the credit card because you are ting the contracts in Iraq, is inflating the work that these the other Presi- going to continue to go into the hole. prices and has been fined already for dents and other Congresses have done. Mr. RYAN of Ohio. That is a great I will be doggone if I am a Member of point, and I thank the gentleman. inflating prices, basically bilking the a Congress where we are not trying to So, in this Congress, the Democrats taxpayer, Mr. Speaker, is what that is bring about the paradigm shift to get have tried to reimplement this pay-as- called in laymen’s terms; yet there is us back on the fiscal track and make you-go system because Bush’s Con- no oversight. Where is the $9 billion sure that we do the things the way the gress, Bush’s House, Bush’s Senate, dollars in Iraq. Where is it? You got it. American people elected us to do it President Bush, they got rid of the No, I don’t. You don’t have it? He’s got when we come up here. PAYGO requirements. They said we did it. Wait a minute, I don’t have it. No- Mr. RYAN of Ohio. You are exactly not need them anymore, and the Demo- body knows where it is, $9 billion. right. Article I, section 1, of the United crats, time and time, you know, we This is not an operation that is being States Constitution creates this House hear a lot about, well, what is the run like a business, especially in Iraq. of Representatives. It does not say we Democrats’ plan? This is the Demo- Then we look at what happened when are going to have a king. It does not cratic plan: We want to implement Katrina hit. That operation, FEMA, say we are going to have a President. PAYGO rules back into the United was certainly not run like a business, That all comes later. Article I, section States Congress to rein in this spend- because you don’t put a horse lawyer in 1, of the Constitution creates this ing. JOHN SPRATT from South Carolina, charge of an emergency management body, and when things get so turned our ranking Democratic member on operation. That is the bottom line. You around that this body is rubber stamp- the Budget Committee, tried to put a put people in who will respect the oper- ing everything, this is President Bush’s substitute amendment in on the 2006 ation and respect what needs to be Congress. They have done every single budget resolution, and that amend- done. thing that he has asked and everything ment failed. Zero Republicans voted to So if all this is happening, we’ve got that is supposed to be up is down sta- reimplement the PAYGO rules. to make some changes. And if it is tistically, and everything that is sup- General Motors, the American people b 1600 posed to be down is up. do not have a vote as to who is on the Now, since President Bush has been We tried again with another Spratt board or who is the CEO of the com- in and President Bush’s Congress, they substitute amendment, H. Con. Res. pany. But, fortunately, my friend, in have raised the debt limit by $3 tril- 393. I am not making this up. This hap- the United States of America, the lion. Basically what happens is the pened. It is in the CONGRESSIONAL American people have the opportunity CEO, the President, the Treasury Sec- RECORD, Mr. Speaker. The Members to pick a new board, and in November retary, they come to Congress; they can go and look and check it out. It of 2006 the American people are going come to the board of directors and say, failed 194–232. Zero Republicans voted to have an opportunity to pick a new hey, we need to go out and borrow to reimplement the PAYGO rules. board. more money for the business. So the Mr. THOMPSON from California tried; Mr. MEEK of Florida. Mr. RYAN, Congress time and time and time again Mr. Stenholm, a former Member from when you start talking about our says, sure, keep going, we will not even Texas, he tried. Mr. MOORE from Kan- stakeholders here, and who is a stock- ask any questions as to where you are sas, he tried. We have been trying to holder in the United States of America spending it. implement fiscal restraint on Bush’s or a stakeholder that has stock, you

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.091 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1372 CONGRESSIONAL RECORD — HOUSE March 30, 2006 know, I am a Member of Congress and floor that are benefiting folks that are countability as it relates to paying as I guess I put on a suit and a tie this very powerful in this capital city, that we go, and if they want accountability morning and a shirt, and I am wearing I feel are not really benefiting the as it relates to us following up and say- a decent pair of shoes here today, but folks back home, I am concerned ing what we are going to do, and we that doesn’t make me a stockholder in about. I know my card happens to say have all these scandals going on under America, just the way I dress. This Democrat, but there are some cards this situation, what will happen? And voter registration card here does. That that say Independent, and there are what would happen if we had real over- is the bottom line. some voting cards that say Republican, sight? If we had oversight, would Halli- Anyone that is carrying one of these, and there are some voting cards that burton be able to get a blank check? Mr. Speaker, are the folks that will be say Green Party and other parties. And Mr. RYAN of Ohio. Here is the able to speak to us in a way versus an- guess what, they feel the way we feel. choice, my friend. The American peo- other person who is not registered to I share with some Members some- ple will have a decision to make. We vote. And the real issue comes down to times that we have to act as though it can either go and keep following Presi- this: Are we going to be accountable to was our first night being elected, all dent Bush down this unknown path, the American people? That is one ques- the things we wanted to do before we that I don’t even know sometimes if tion. Are we going to be accountable to hit Washington, D.C., until someone the President knows where we are those that are not old enough to vote started telling us how we should vote going as a country, or we can change yet and carry one of these voter reg- and how we shouldn’t vote. We should course and we can go in a different di- istration cards? That is another ques- have those feelings of representing the rection than President Bush’s direction. Are we going to be accountable to group of people that have sent us up tion. Because that direction, as you those Americans that do have a voter here. And by the fact they have sent us have seen, has led to more borrowing registration card and know what it here, Mr. Speaker, many times we have from foreign interests than the pre- means to have a responsible govern- to look on behalf of the greater coun- vious 42 Presidents. ment? try. We have been federalized once we We are not making this up. That is People want governance, Mr. RYAN. have been sent here to serve in this from the United States Department of They could care less about the Repub- body. the Treasury. And when you look at licans did this and the Democrats did So, Mr. RYAN, when we talk about the interest payments that we have to that. They want governance, they want stakeholders and stockholders, the pay just on the interest, and here is a security, they want to make sure their stakeholders and stockholders in the great example, Mr. Speaker: for the children are educated and they want to United States of America are the peo- 2007 budget, we will spend about $230 be sure we are responsible, being the ple we serve. And folks are getting con- billion just paying the interest on the overseers of the Government of the fused about that, or we wouldn’t see money that we owe all these other United States of America. And the bot- this out-of-control borrowing and countries. tom line is this: we have some folks spending. So if China loans us money, they that have gotten confused, Mr. Speak- Folks are coming before the people of loan us the money and then we send er, on the majority side. the United States of America and say- them the interest. So China takes the There are some votes that have ing, you know, the President is asked, interest and invests it back into their taken place on this floor, this edu- what about Iraq? Well, we are going to state-owned companies and wipes out cation bill that just passed today that be there as long as we have to be there. the manufacturing base in the United did very little to address the issues of That is not an answer. States. That doesn’t seem too smart. innovation in education, even though Mr. RYAN of Ohio. It is the next That is President Bush’s direction. The the majority side says we are for inno- President’s issue. Democrats want to take the country in vation; even though we are for edu- Mr. MEEK of Florida. Yes, that is the another direction. cation, just a little tiny increase here next President’s issue. So $230 billion out of the 2007 budget and there, and this is the best bill since Mr. Speaker, we talked about the is going to go just for interest. Wasted bills have been passed. other night, Mr. RYAN and I were talk- money. Flush it right down the toilet, And, Mr. Speaker, I think it is impor- ing, and the next thing you know, it is ‘cause it is done. Then what are we tant for us to just step back for a like Mr. RYAN or my constituents going to spend on education? Fifty bil- minute and say the reason why we are walking up to me in Miami and saying, lion. We have $230 billion on the inter- here. We are not appointed here in this hey, Congressman, you really need to est and $50 billion on education. You House of Representatives. In the other do something about economic develop- know, 10 or 15 on homeland security, body across the Hall, in the Senate, if ment. Well, that is for the next Mem- and a pittance, just a little more than a Senator was to say, hey, you know, I ber of Congress. It is not for me. that, on veterans. can’t do this any more, I am gone. So the real issue is this: Do we want You know, President Kennedy said: That is it. Hey, it was great serving for to represent the people that have ‘‘To govern is to choose,’’ and this is 20-something years, or even 5 years in fought that are veterans, and the the choice that this President makes. some cases, but I am not going to do American people that are paying taxes The Bush Congress continues to reaf- this any more. I have to go take care of for us to be able to salute one flag here firm with their rubber stamp time and my grandkids, my mother is ill, or today? Or do we want to represent time and time again. So all we are say- whatever case, and they go on. In that someone that is publicly on the stock ing is what we want to do is we want to particular case, a Governor can appoint market that has an issue that wants to change direction. a U.S. Senator. use the U.S. taxpayer dollar to carry I personally would like to stop fol- But if a Member of the House, as we on their business when they are mak- lowing the President, because I have all know, Mr. Speaker, says, you know, ing record profits, when they are doing seen his track record, and I don’t want family issues, personal issues, I can no very little as it relates to investment? to follow him. It is just like any leader. longer come back to Washington every So we have to make sure that the You are with them, you want to be week to represent my district, I am rubber hits the road and that everyone with them, but over time they build a gone, there has to be a special election understands. Because we know there is record, and this Republican Congress set. And that is what holds us to a going to be a big marketing campaign refuses to break free from what the higher power as it relates to rep- going on later on this year about who President is doing here. And this is resenting the people of the United is doing the best job up here in Con- President Bush’s Congress, my friend. States of America. gress. And what I am seeing of the poll- Mr. MEEK of Florida. Mr. RYAN, I It is important that Members realize ing numbers and what people are say- just want to also share the fact that we that folks early one Tuesday morning ing and how they are concerned, the both serve on the Armed Services Com- in some given community woke up one party has nothing to do with it. It has mittee, and we feel very passionate day and stood in line to vote for some everything to do with governance. about what our men and women are representation. And I can tell you right And, Mr. RYAN, if they want account- doing. And we know that in Iraq, Mr. now, the bills that are passing on this ability in Iraq, and if they want ac- Speaker, you watch the Secretary of

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.092 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1373 Defense and you watch the press con- jected, and all of a sudden it became a countries around the world to help us ference with the President and you situation where we had to do some- stop basically what we said was hap- would think that it is another beau- thing about this after the whole coun- pening in Iraq. We went in there, and tiful day in Iraq, and it is not. try was in an uproar over the issue. we did not lose one American soldier. First question: Is there a civil war in The Democrats, we were the first The Democrats know how to admin- Iraq? That answer usually comes back ones on the floor saying, what do we ister governments, and the Repub- ‘‘no.’’ There is a civil war going on need 45 days for? What is there to licans, quite frankly, do not because right now. As sure as today is Thurs- think about, that we are going to the numbers do not bear it out. The day, there is a civil war going on in outsource our ports to a foreign nation budget is ballooning. They have raised Iraq right now. Will it get worse? It that there is a question mark con- the debt ceiling by $3 trillion. They are probably will get worse. Is the coali- cerning where the financing for the 9/11 borrowing money from Japan, China tion getting bigger or smaller? Well, attack came from. We are going to give and the OPEC countries, and whoever you know, we are talking to people, them six of our ports on the east coast? else will loan them money. The deficit and the indicators of the indicators are What is to think about? 45 days for next year is projected to be about $500 saying. And they are not making any what? What does the President of the billion. Tuition costs have doubled in sense whatsoever. United States say? ‘‘We gave them a the past 4 or 5 years. The gap between And the reason they get away with handshake. We have to move on with the wealthiest people in our society this, Mr. Speaker, is we are not nailing this. You can have your 45 days, I am and the poorest people in our society them down as a Congress on the tough still going to do what I want to do.’’ has grown to a point we have not seen questions so they can answer in a The Republican Congress was pushed since pre-World War II, and Iraq is a truthful way and guide them in the with their back against the wall. But mess. $1.5 billion a week. We are losing right direction. It is not the Congress’s does the Republican Congress have to soldiers every day, and there is abso- responsibility for the day-to-day oper- be pushed to the wall before they stand lutely no end in sight. We did not go in with enough troops, and whether you ations of war. The President would say up and say, excuse me, Mr. President, supported the war or not, you want to it is not his responsibility either, that we don’t agree with you, and we are make sure that you succeed, for God’s it is the commanders on the ground. not going to do it. sake. The same thing happened, Mr. RYAN, Well, we found from past com- Mr. Speaker, we have not seen the re- when we came to this floor night after manders and some present that have building effort in Iraq that we need to night, in some instances 2 hours a day slipped and said a few things every now see in order to get out of there. and then that we did not have all that on this floor, talking about the Presi- Mr. MEEK of Florida. Mr. Speaker, dent’s Social Security plan. He was we needed to go into Iraq; that we did Mr. RYAN and I were both in Iraq. We not have the body armor and equip- going to privatize Social Security. were in Iraq together. We were in these ment and a mission and a plan; we did Many of the Members on the majority meetings with the commanders and the not have a real coalition when we went side were with him. Ho-hum, private troops. You ask a question, sometimes into Iraq. We had a number of main accounts, big press conference. folks lose eye contact with you because countries, but when you look at it, you It took the American people to rise they are trying to do what the com- had the U.S., you had contractors, and up in over 1,000 town hall meetings on mander in chief said that we need to then the Brits. And that was a huge this side of the aisle to bring to the at- do. And there are a lot of stump deficit as it relates to numbers. tention of the American people that speeches going on, and the President is The Brits have said they are leaving they were going to lose under private flying and folks are standing behind this year, and a number of the other accounts, and then the President fi- him and clapping and all. And we are countries that were sending 50 to 100 nally said okay. He flew all over the all supportive of the commander in troops there, or technical advisers that country and burned all kinds of jet fuel chief, but when you are riding down were part of our so-called coalition are at taxpayers’ expense and kind of did the railroad tracks and you are saying, leaving. Because they are willing to the Potomac two-step kind of thing. is that the light at the end of the tun- take the training wheels off the Iraqi Why can’t we, as a bipartisan body, nel or is that the train? Is that a train Government. They are willing not to because people want leadership, and we or is that the sun? When you start get- get into a situation, Mr. Speaker, of a are here sharing with the American ting indicators, when you hear a horn continued borrowing from other coun- people that we are ready to lead. We and the rails start shaking on the train tries. You know why they are doing it? have plans to lead. We have led before track, I think you start saying, I think Because they know they cannot weak- in the past, be it war, be it making that is a train. en their country. sure, and I want you to talk about Bos- Tough talk: The President throws The U.K., I am going to snatch them nia a little bit, be it planning to move out statements, talking about folks, we off this map here, $223.2 billion of our into an area. I think it is important be- are going to get them and track them debt. I mean, they have it so good they cause yesterday we not only unveiled down and all this kind of stuff, it can buy our debt and still operate their but said for a second time in many makes things even worse. So when we country and continue to do what they cases our security plan, our real secu- talk to these commanders, and some of are doing. rity plan that people can get. They can them lose eye contact because they read it online. They can get it on know we do not have what we need. b 1615 HouseDemocrats.gov. They can get a And as long as this Republican major- But they have better sense to know copy of this plan. ity is here bobble heading with the they have to take care of home first. Mr. RYAN of Ohio. Mr. Speaker, you President saying, Mr. President, we are The President can boldly say, be- have to be tough, there is no doubt with you. And they have special break- cause he has the bobble-head Repub- about it, but you have to be smart. fasts over at the White House. And, of lican majority here that says whatever What we are doing now is not smart. course, Mr. RYAN, we are not invited you say, Mr. President, we are with We talked earlier about the debt and because we may say something to the you. deficit and everything else we have President he does not want to hear. We For a minute there, I was concerned now. In 1993, a Democratic House, all know that the President does not that maybe we could move in a bipar- Democratic Senate and a Democratic take good to those who disagree with tisan way. But, of course, when it came President balanced the budget in the him, and I guess that rule applies to down to the whole Dubai Ports World United States. It led to the creation of some of our Republican friends on the issue, we had folks that said we 20 million new jobs. The Democrats other side of the aisle because, obvi- stopped that from happening. But the know how to govern. ously, we do not have the kind of upris- environment was set up for it to hap- We had an incident in the late 1990s ing we need in the majority to be able pen, that the under secretaries in each with Bosnia. General Clarke, a Demo- to say, Mr. President, we are really department could make a unilateral crat; Madeleine Albright, a Democrat; going to have to start talking about decision that we will sell our ports off President Clinton, a Democrat; we this Iraq thing. We have to do some- to a foreign nation. Somebody ob- went into Bosnia with a coalition of thing about it.

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.094 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1374 CONGRESSIONAL RECORD — HOUSE March 30, 2006 The Iraqi government, you go over tinue doing what he is doing. And the Democratic minority tried to get there and you have some of the Mem- only way we switch and have the President Bush’s Congress to support bers of their government, be it elected change that you are talking about, Mr. these deals, to support increases in or appointed, they are sitting up there RYAN, is if we have a Congress that is funding so we can get it from 5 percent like they have 10 years to do whatever dedicated and bonded, ready to work in to 100 percent. We should check all of they have to do, they have 20 years to a bipartisan way, unlike what we have the cargo that comes into the country. do whatever they have to do. And guess today, and bringing in the very few Re- So that is one issue. We need to check what, it is at the U.S. taxpayers’ ex- publicans on the other side of the aisle the ports. Okay? But there is not one pense. that think the way we do, and say we little bumper sticker we could say we Meanwhile, Mr. RYAN, we have are willing to represent. We do not care are going to have, we are going to put schools that do not have what they what your party affiliation is, we are it on all our cars, then the problem is need. Meanwhile, we are here on this willing to represent on behalf of the going to be solved. That is just one floor talking about cutting lunches for American people. component. poor children just because they so hap- We are willing to tell the special in- We believe, in the Democratic Party, pened to be born into a poor family. I terests that we notice you have issues, that if we do not have a long-term al- have mayors coming to me saying, but we have something at hand. We ternative energy proposal where we are Congressman, these unfunded man- have other issues such as innovation, going to reduce our dependence on for- dates for homeland security, I am hav- such as homeland security, such as eign oil, we will continue to be in these ing to spend all of this money. I have making sure that our troops have a squabbles and these entanglements in to take money out of parks and rec and clear plan in Iraq. The tough questions the Middle East, time and time and decrease the quality of life in my city. need to be asked, and we need to act on time again. So the Democrats want to The Federal Government just cut the them. Some of them are being asked in fund the ports. We have made efforts to COPS program, but meanwhile, we are some places, but they are not being do that. We want an alternative energy building schools and roads and water acted upon. program. We need to get the oil man treatment plants and the President Mr. RYAN of Ohio. From a security out of the White House in order to do said we were not going to be into na- perspective, we need to be tough; we that. And not only are we trying to tion-building over in Iraq. need to be smart. We need to have our take on the oil companies, the Repub- Mr. Speaker, we want to be able to act together, and we have a com- lican majority in the energy bill gave mold the clay and to be able to let the prehensive plan. You know, these the, check this out, gave the oil compa- American people know if you are walk- bumper-sticker solutions to complex nies $12 billion in corporate welfare. So ing down a tunnel, which they know, it world problems do not work. They just not only are your gas prices going up; is just commonsense, if you are walk- do not work. They have gotten us into your public tax dollars that you send ing down a tunnel and you are walking the situation we are in now. to Washington, D.C., the Republican If you look at the plan that the on some train tracks and you are step- majority is also giving that to the oil Democrats have, we talk about 100 per- ping on those wood slates and you are companies on top of what you are al- cent of the ports. Right now, we are saying, is that the sunlight or a train, ready giving them. and then you hear a horn and the only inspecting 5 percent of the ports The first day we take over, next Jan- tracks are shaking, I do not think that here. The Democrats have tried. Let us uary, we will implement the 9/11 Com- is the sun, I know it is a train. get those charts out about all of the mission’s report, make sure we put What this majority has to do, and if amendments we have offered to try to that thing front and center and we do the American people want us to be able increase funding for port security. what the bipartisan commission has We only check 5 percent of the cargo to bring this President into account- told this country that we need to do. coming into the United States ports. ability and bring the Department of The COPS program that you men- That means 95 percent is not checked Defense back into accountability and tioned, our first responders, that pro- at all because of the failed leadership oversight, you are going to have to gram is gone. It is gone. President on behalf of President Bush’s Congress. have a Congress, in this case a Demo- Clinton had a goal of putting 100,000 What have the Democrats tried to cratic Congress, that asks the tough cops on the street. And the Republican do? Some people ask: What are the questions. Congress has almost nearly eliminated Democrats doing? Here is what we are When you sit down for a job inter- that program, if it is not all gone al- view, you have to have a good resume. doing. In June of 2004, Mr. OBEY tried to put ready. You cannot say, in my last job, I on an amendment right here in Con- So what we are saying is, real secu- agreed with everything that the other gress to increase port and container se- rity is an opportunity for all of us to guy who was sitting next to me said be- curity by $400 million; Republicans re- have a comprehensive plan, implement cause I was told to say yes. No. People fused to even allow a vote. That was the 9/11 Commission’s report, make elected us to lead. People elected us to for $400 million, and we need $6 billion sure that we secure the ports and fund have plans. People elected us to have worth to actually do the job. That is the funding level that the Coast Guard plans in all areas to make sure we have what the Coast Guard says we need. We recommends, not KENDRICK MEEK and accountability for our government. only asked for $400 million, and could TIM RYAN, what the Coast Guard rec- People do not care if it is a ‘‘D’’ or ‘‘R’’ not even get a vote on it. ommends. Let’s develop an alternative behind the name; they want leadership. October 7 of 2004, another amendment energy policy in this country so that We talk about real security. Real secu- by Mr. OBEY, Mr. SABO and Senator we are not reliant on oil from the Mid- rity is making sure that we protect BYRD to increase funding by $150 mil- dle East that gets us entangled in all of America before something happens. lion. That was shot down. this stuff. And let’s make sure we fund I do not want a 9/11 or an 8/11 or a 7/ We kept trying, we kept going. On our police and fire and our first re- 11, I do not want those dates to come September 29, 2005, Mr. OBEY, Mr. SABO, sponders, the first line of defense here. up and say, oh well, now an event has increase funding for port and container So be tough, but be smart and make happened and let’s legislate to make security by $300 million. The House proper investments that are going to sure that we move from 5 percent con- conferees defeated this amendment yield value and protect the country, tainer checks at ports to 100 percent. along party lines. Democrats for, Re- not where did the $9 billion go that we Why do we need an event for that to publicans against. are spending in Iraq that no one knows happen? Again, March of 2006, Republicans where it is. The reason it is not happening, to be blocked an effort by the Democrats to Be happy to yield. brutally honest, is we have the bobble- bring the King-Thompson port deal bill Mr. MEEK of Florida. Well, you head Republican majority Congress to the floor. know, Mr. RYAN, I believe that Amer- that is saying ‘‘yes’’ to the President ica is protected best and freedom is at every turn. Not all Republicans be- b 1630 protected in advance. We look at home- cause I do not want to generalize, but Again, Republicans voted against the land security. enough to allow the President to con- bill. Time and time and time again, the Mr. RYAN of Ohio. Prevention.

VerDate Aug 31 2005 01:29 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.095 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1375 Mr. MEEK of Florida. Prevention. 5 percent of the cargo coming into the curity is the majority’s plan. It is al- When you talk about prevention, you country, and your own folks are sneak- ready there, already being carried out. are talking about before. When you are ing in enough nuclear material to set We have a plan to make things better, talking about reactionary, we are talk- off two dirty bombs, and we are giving more secure here in the United States ing about after. tax cuts to billionaires and not funding of America, not only here in the House So dealing with this container thing, port security, when we are giving $12 but also in the Senate. I don’t want the Members to take it billion in corporate welfare to the oil With that, Mr. Speaker, it was an lightly, Mr. Speaker. You may say, companies, when we are giving billions honor addressing the House once again. well, you know, I am in the middle of in corporate welfare to the health care I yield back the balance of my time. America. I live in Sioux City, Iowa, and industry, and we are not funding our we don’t have ports so I don’t need to national security priorities, when we f worry; that is not my issue. Well, it is are spending a billion and a half in Iraq your issue because those containers COMMUNICATION FROM THE CON- a week, and $9 billion of it no one can GRESSIONAL AIDE OF HON. WIL- that are coming in from overseas and find, and we have these kinds of situa- from countries that are in question, LIAM JEFFERSON, MEMBER OF tions, we have an obligation. When we CONGRESS some may say suspect as it relates to come here the first part of every sec- their commitment to the United States ond year and we swear our allegiance The SPEAKER pro tempore (Mr. of America, they get on those little to the United States and the Constitu- FITZPATRICK of Pennsylvania) laid be- trucks and trains that I was talking tion and everything else, we have an fore the House the following commu- about a little earlier, and they go right obligation to oversee what is going on. nication from Joyce G. Davis, Congres- down into your community. And if So we have an obligation to come down sional Aide of the Hon. WILLIAM J. JEF- there is a dirty bomb or some sort of here and be critical of things like this FERSON: substance that will hurt your commu- and provide solutions, which we have HOUSE OF REPRESENTATIVES, nity and your family, now it is your time and time again. Washington, DC, March 27, 2006. Hon. J. DENNIS HASTERT, problem. And I think it is important Now, President Bush’s Congress has that we point that out, because I don’t Speaker, House of Representatives, not taken any of our recommendations, Washington, DC want folks to get confused and say, and they are up for a job review in No- well, I am not from a coastal area; DEAR MR. SPEAKER: this is to notify you vember; and I hope that the American formally, pursuant to Rule VIII of the Rules Members who say, you know, well that people, Mr. Speaker, take a good look of the House of Representatives, that I have is not my issue. at what has happened over the past 4 or been served with a grand jury subpoena for Mr. RYAN of Ohio. Just like you get 5 years and hope that our plan on real testimony issued by the U.S. District Court your food, just like you get the toys security, which you can find on our for the Eastern District of Virginia. that shipped to the local store that you After consultation with the Office of Gen- Web page, housedemocrats.gov, you are going to buy, same thing. Those all eral Counsel, I have determined that compli- can get the whole deal and you can see come in through the ports. ance with the subpoena is consistent with Now, here is what is interesting, Mr. our comprehensive plan to try to do the precedents and privileges of the House. Speaker. And I think this is something this. Sincerely, that really makes your ears perk up You can also check out our plan on JOYCE G. DAVIS, Congressional Aide. when you hear about this. On March 28, innovation, how to get the country moving economically again. Periodi- just a day or so ago, Senators said that f a report, this is from Bloomberg News, cally, we will have unveilings of dif- Senators said a report that investiga- ferent ideas that we have. But we have COMMUNICATION FROM CONGRES- tors smuggled enough radioactive ma- tried on port security. We have tried on SIONAL AIDE OF HON. WILLIAM terial to build two dirty bombs into the PAYGO. We have tried on school fund- J. JEFFERSON, MEMBER OF CON- United States called into question the ing and we continue to get shot down GRESS by President Bush’s Congress. So we Bush administration’s efforts to secure The SPEAKER pro tempore laid be- the borders. have got the plan; we just need the opportunity to implement it. For Mem- fore the House the following commu- Now, check this out. A sting oper- nication from Loretta Mahony, Con- ation that was described in one of three bers who are in their offices and would gressional Aide of the Hon. WILLIAM J. Government Accountability Office re- like to send us e-mails or anyone else, JEFFERSON, Member of Congress: ports, now this is the GAO, this is not www.housedemocrats.gov/30something. a partisan deal, said, they released a All the charts that were here that we HOUSE OF REPRESENTATIVES, Washington, DC, March 27, 2006. report. The report accused the Bush ad- used will all be on the Web site so you can go back and reference them all. Hon. J. DENNIS HASTERT, ministration of being slow to deploy Speaker, House of Representatives, equipment that would detect radio- Yield to my friend. Washington, DC. active materials, and they say corrupt Mr. MEEK of Florida. Thank you, DEAR MR. SPEAKER: This is to notify you foreign border officials and poor main- Mr. RYAN. I just want to let you know formally, pursuant to Rule VIII of the Rules tenance of detection devices have left that it was a pleasure coming down to of the House of Representatives, that I have the U.S. vulnerable to terror plots. the floor with you again. We got out a been served with a grand jury subpoena for Enough material for two dirty bombs lot of good information. testimony issued by the U.S. District Court to go off in the United States was Mr. RYAN of Ohio. Before we go, I for the Eastern District of Virginia. snuck in by, you know, through a sting know you have a Florida team in the After consultation with the Office of Gen- Final Four this weekend, and I want to eral Counsel, I have determined that compli- operation that we were trying to figure ance with the subpoena is consistent with out what is going on. We are not doing wish you the best of luck. the precedents and privileges of the House. enough. Mr. MEEK of Florida. Well, we need Sincerely, Now, third-party validator, which the it. LORETTA MAHONY, 30-somethings like to promote. We Mr. RYAN of Ohio. I hope you guys Congressional Aide. don’t want this to be all our opinion pull it off. Since there is no Ohio team, here. This is from a retired Coast with a good conscience I can root for f Guard commander who is now a senior Florida. COMMUNICATION FROM DISTRICT fellow at the Council on Foreign Rela- Mr. MEEK of Florida. Thank you. MANAGER OF HON. WILLIAM J. tions. He says: ‘‘Both the opportunity With that we want to thank the Demo- JEFFERSON, MEMBER OF CON- for terrorists to target legitimate glob- cratic leader. We want to also encour- GRESS al supply chains remain plentiful, and age everyone to go to our Web site, the motivation for doing so is only housedemocrats.gov. We want the ma- The SPEAKER pro tempore laid be- growing. We are living on borrowed jority to go on our Web site, fore the House the following commu- time.’’ housedemocrats.gov. nication from Stephanie Butler, Dis- We are not here to scare anybody, These are our plans. As it stands trict Manager of the Hon. WILLIAM J. but the reality is, when you only check right now, in the state of homeland se- JEFFERSON, Member of Congress:

VerDate Aug 31 2005 02:56 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.097 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1376 CONGRESSIONAL RECORD — HOUSE March 30, 2006 HOUSE OF REPRESENTATIVES, COMMUNICATION FROM DISTRICT Texas A&M. Commissioned as an armor Washington, DC, March 27, 2006. MANAGER OF HON. WILLIAM J. officer, he served as a platoon leader in Hon. J. DENNIS HASTERT, JEFFERSON, MEMBER OF CON- Vietnam with the 2nd Squadron, 11th Speaker, House of Representatives, GRESS Armored Cavalry Regiment. Serving in Washington, DC. The SPEAKER pro tempore laid be- various roles throughout his career, in- DEAR MR. SPEAKER: This is to notify you cluding deputy commander of the 71st formally, pursuant to Rule VIII of the Rules fore the House the following communication from Stephanie Butler, Dis- Troop Command, General Taylor as- of the House of Representatives, that I have sumed command of the 36th Infantry trict Manager of the Hon. WILLIAM J. been served with a grand jury subpoena for Division, Texas Army National Guard, documents issued by the U.S. District Court JEFFERSON, Member of Congress: for the Eastern District of Virginia. Camp Mabry, Austin, Texas in May of HOUSE OF REPRESENTATIVES, 2004. Washington, DC, March 22, 2006. After consultation with the Office of Gen- Of the many major awards and deco- eral Counsel, I have determined that compli- The Hon. J. DENNIS HASTERT, ance with the subpoena is inconsistent with Speaker, House of Representatives, rations he has received over the course the precedents and privileges of the House. Washington, DC. of his accomplished career, time limits Sincerely, DEAR MR. SPEAKER: This is to notify you me to name just a few. Some of the STEPHANIE BUTLER, formally, pursuant to Rule VIII of the Rules most notable are a Legion of Merit District Manager. of the House of Representatives, that I have with two Oak Leaf Clusters, Bronze been served with a grand jury subpoena for Star Medal of Valor with one Oak Leaf testimony issued by the U.S. District Court f Cluster, Purple Heart, not for some for the Eastern District of Virginia. scratch on him either. He has a Meri- After consultation with the Office of Gen- torious Service Medal with four Oak COMMUNICATION FROM LEGISLA- eral Counsel, I have determined that compliance with the subpoena is consistent with Leaf Clusters, Army Commendation TIVE ASSISTANT OF HON. WIL- Medal with one Oak Leaf Cluster and LIAM J. JEFFERSON, MEMBER the precedents and privileges of the House. Sincerely, the Army Achievement Medal. OF CONGRESS STEPHANIE BUTLER, General Michael Taylor is a man of District Manager. honor. He is a man with a sense of The SPEAKER laid before the House duty. He is a man with a love for God the following communication from f and his country. He served this country Angelle Kwemo, Legislative Assistant COMMUNICATION FROM CONGRES- and he served his fellow man with wis- of the Hon. WILLIAM J. JEFFERSON, SIONAL AIDE OF HON. WILLIAM dom, with discretion, with courage, Member of Congress: J. JEFFERSON, MEMBER OF CON- with valor, and with clarity. His career HOUSE OF REPRESENTATIVES, Washington, DC, March 27, 2006. GRESS of service to our Nation should be ad- Hon. J. DENNIS HASTERT, The SPEAKER pro tempore laid be- mired by every citizen who enjoys liv- Speaker, House of Representatives, fore the House the following commu- ing free, and I am proud to honor him Washington, DC nication from Ericka Edwards, Con- on the House floor today as a great American. He is a powerful patriot, and DEAR MR. SPEAKER: This is to notify you gressional Aide of the Hon. WILLIAM J. he is a personal friend of mine. He is an formally, pursuant to Rule VIII of the Rules JEFFERSON, Member of Congress: of the House of Representatives, that I have HOUSE OF REPRESENTATIVES, example for young people today who been served with a grand jury subpoena for Washington, DC, March 27, 2006. desire to be an intellectual servant and documents issued by the U.S. District Court Hon. J. DENNIS HASTERT, a defender of freedom. for the Eastern District of Virginia. Speaker, House of Representatives, May God bless General Mike Taylor After consultation with the Office of Gen- Washington, DC. because he has certainly blessed Amer- eral Counsel, I have determined that compli- DEAR MR. SPEAKER: This is to notify you ica with his service. ance with the subpoena is inconsistent with formally, pursuant to Rule VIII of the Rules f the precedents and privileges of the House. of the House of Representatives, that I have Sincerely, been served with a grand jury subpoena for OFFICIAL TRUTH SQUAD ANGELLE KWEMO, testimony issued by the U.S. District Court Legislative Assistant. for the Eastern District of Virginia. The SPEAKER pro tempore. Under After consultation with the Office of Gen- the Speaker’s announced policy of Jan- eral Counsel, I have determined that compli- uary 4, 2005, the gentleman from Geor- f ance with the subpoena is consistent with gia (Mr. PRICE) is recognized for 60 the precedents and privileges of the House. minutes as the designee of the major- COMMUNICATION FROM CONGRES- Sincerely, ity leader. SIONAL AIDE OF HON. WILLIAM ERICKA EDWARDS, Mr. PRICE of Georgia. Mr. Speaker, I Congressional Aide. J. JEFFERSON, MEMBER OF CON- want to thank the conference and lead- GRESS f ership for allowing me to come before RECOGNIZING THE CAREER OF the House during this hour today and The SPEAKER pro tempore laid be- to present a number of different issues fore the House the following commu- MAJOR GENERAL MICHAEL TAY- LOR with my colleagues in the House of nication from Julius Feltus, Congres- Representatives. sional Aide of the Hon. WILLIAM J. JEF- The SPEAKER pro tempore. Under a FERSON, Member of Congress: previous order of the House, the gen- b 1645 HOUSE OF REPRESENTATIVES, tleman from Texas (Mr. GOHMERT) is We are going to bring another edition Washington, DC, March 27, 2006. recognized for 5 minutes. of the Official Truth Squad today. And Hon. J. DENNIS HASTERT, Mr. GOHMERT. Mr. Speaker, I rise folks ask, what is the Official Truth Speaker, House of Representatives, today to recognize and celebrate the Squad? And I guess the simplest way to Washington, DC. career of Major General Michael Tay- explain it is that it is a group of indi- DEAR MR. SPEAKER: This is to notify you lor. All citizens of the United States viduals in the House of Representatives formally, pursuant to Rule VIII of the Rules owe General Taylor a debt of gratitude who are interested in making sure that of the House of Representatives, that I have for devoting his life to freedom and all the American people have the truth been served with a grand jury subpoena for the ideals that make this country so presented to them so that they can testimony issued by the U.S. District Court great. Not only did he serve his coun- for the Eastern District of Virginia. make appropriate decisions. And it try valiantly for 37 years, but he also grew out of the group of freshmen After consultation with the Office of Gen- attended Texas A&M University, an in- Members of Congress who were elected eral Counsel, I have determined that compli- stitution of higher learning famed for for the first time to Congress in 2004, ance with the subpoena is consistent with the precedents and privileges of the House. its rich tradition, its honor; and it also and after a number of months here, we Sincerely, happens to be my alma matter as well. would meet on a regular basis, met JULIUS FELTUS, General Taylor began his military about once a week, and when we would Congressional Aide. career in 1970, upon graduation from talk to each other, we would get the

VerDate Aug 31 2005 02:56 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A30MR7.050 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1377 same kind of sense about what was crease in jobs and then on about the Mr. Speaker, you can argue about happening on the floor of the House. end of 2003 or the beginning of 2004, it whether or not there ought to be that We were, frankly, disgusted with all of began to tick up, and now we have, amount of money or more or less, but the personal attacks, the lack of co- month after month after month, over what you ought not do is distort the operation, the leveling of charges, and, 30 months of new job creation in the truth to people and tell them that that frankly, so many times, comments hundreds of thousands, almost 5 mil- is not what is occurring, that there are that were made that simply were not lion new jobs created in the last 2 to 3 not resources going into port security. true. And so we said, what on Earth years. So that is something that is up It is just wrong. It is not fair to the can we do? So we created what we call that I guess the gentleman wants to go American people. It is not fair to the the Official Truth Squad. And we try to down; is that right, Mr. Speaker? This discourse here. And, frankly, it creates come here as often as possible, almost chart does not even include the month a greater cynicism for politics than every day that we are in session, and of February, which was 243,000 new jobs there ought to be. We need to be work- talk about issues that are of impor- across this Nation. ing together here. tance to the American people and Here is another chart that shows the The challenge of port security is not present the facts. direction of job growth. And again, the a Republican challenge. It is not a We have got a quote that we are so axis down here is January of 2002 Democrat challenge. It is an American fond of and it comes from Senator Dan- through January of 2006, and you see challenge. And an American challenge iel Patrick Moynihan. Senator Moy- what happens to job growth is that on requires that Americans work to- nihan said, ‘‘Everyone is entitled to or about the first part of 2003, it begins gether. We solve problems best when their own opinion, but they are not en- to tick up, and it is ticking up month we work together. So I encourage my titled to their own facts.’’ And here in after month after month after month friends on the other side who often- Washington, we hear something re- and the unemployment rate ticking times fondly distort things to work peated over and over and over again, so down. The unemployment rate last with us. often that you think it is a fact, that month, Mr. Speaker, 4.8 percent across You hear them talk about their na- you think it is the truth, but, in fact, this Nation. That is lower than the av- tional security agenda. Well, I think it it is not. And we have just been treated erage for the 1970s and the 1980s and the is important that we look at the truth. to an hour from some of our friends on 1990s. I guess that is something that It is important to look at the record. the other side of the aisle with many, the gentleman wants to go up instead What they have said is that one of many issues that were remarkably dis- of down; is that right, Mr. Speaker? their recommendations is to follow the torted. Some of them outright untrue. These are good numbers. This is good recommendations of the 9/11 Commis- And so our concern is that the Amer- news, economic news, across this Na- sion. But on a roll call vote here in the ican people, in order to make correct tion. And saying that it is something United States House of Representa- decisions about what direction this different, confusing people, distorting tives, they voted ‘‘no’’ on establishing country ought to go, they need the things, telling things that are, frankly, the Department of Homeland Security, facts. They need the truth. not true does a complete disservice to rollcall 367, July, 2002. I have told folks oftentimes, Mr. everybody in our Nation because if you On a rollcall vote in July 2004, they Speaker, I am a physician. Before I are given misinformation, you cannot voted ‘‘no’’ on $21 billion in funding to came to Congress, I was a medical doc- make correct decisions. So what the strengthen border protections. tor. And when I would see a patient, I Official Truth Squad is interested in is could not get to the right diagnosis un- real information, honest information, Now, that is the truth, Mr. Speaker. less I was given the true information, the real numbers, and then we are con- That is the truth. And it is important either in a lab test or talking with the fident that people will make the right that people all across this Nation know patient or whatever it was. And the decision. that. same is true in public policy. Unless Here is another number that I guess One more item as it relates to na- you get the truth, unless you get real the gentleman wants to see go in a dif- tional security and then we will move honest information, you just cannot ferent direction. This is Federal reve- on to a different topic that I think is get to the right solution because you nues. This is tax revenue. And up until important for the American people to do not have all of the information that 2003, it was ticking down. And then know the truth about as well. And this you need. So everyone is entitled to what happened in 2003 is that there was is what they have said in their national their own opinion, and there are a lot a tax cut. There was a tax decrease, security plan, the folks on the other of opinions here in Washington, Mr. and what happened was that Federal side, and they talk about the need to Speaker, but they are not entitled to revenue increased after that and con- increase human intelligence capabili- their own facts. tinues to increase. In fact, we are now ties, eliminate terrorist breeding And just by way of clarification of a at a rate of Federal revenue increase grounds, secure loose nuclear mate- number of things that folks have heard over where it was at the beginning of rials, stop nuclear weapons from devel- today and oftentimes, but most re- 2000. And it is kind of counterintuitive, opment in Iran and North Korea. It all cently within the last hour, I was sit- but what happens when you decrease sounds wonderful. But what do they ting here in the House, and I had to taxes is that you give people more of do? Rollcall vote 393, Democrats voted write down one of the comments that their money back, and they are able to repeatedly to slash funding for intel- was made because it was just so out- spend more or save more or invest ligence activities. rageous, and it was, ‘‘Everything that more, and it spurs the economy. So, One of the ones that astounds me so, is supposed to be up is down and every- Mr. Speaker, those are numbers that is that recently, June of 2004, rollcall thing that is supposed to be down is are moving in the right direction, not vote 293 on the floor of the United up.’’ And I guess I am supposed to take the wrong direction. States House of Representatives, there the gentleman at his word, and if that A couple other items that are very was a resolution that said we support is the case, then I would like to point specific that were mentioned within the work of the intelligence commu- to a few things that are either up or the last hour, and the record just has nity. We support the men and women down and are moving in the right di- to be corrected because, again, truth- who are working so hard to make cer- rection, frankly, Mr. Speaker. And one fulness is imperative if we are to make tain that you and I are safe, Mr. Speak- of them is the number of jobs that have correct decisions here. This is the issue er. And what happened? They vote been created in this Nation over the of port security funding, and what you ‘‘no.’’ They cannot even stand up here last 3 or 4 years. heard recently was, frankly, a remark- in the House of Representatives and A chart says it so much better than able distortion of the truth. Port secu- say, we support the men and women I can, but this is a chart that shows the rity funding in 2001, it was about $30 who are trying to keep us safe. number of new jobs, these are new jobs million. Port security funding last So I think it is imperative, it is im- in America, since January of 2002 until year, over $3 billion. Port security perative that we talk about truthful- January of this year. And what you see funding request for this year, nearly $4 ness here on the floor of the House. for the first 2 years is a significant de- billion. And, again, if we do not talk about the

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.106 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1378 CONGRESSIONAL RECORD — HOUSE March 30, 2006 truth, if we did not present all the in- your leadership in the Official Truth there is no way for folks to get this information accurately and appro- Squad. I think it is important that we formation easily or to know what this priately, then the American people come to the House floor and articulate money is being spent on. George Soros really cannot make an appropriate de- our views and our agenda for the Amer- spent $27 million, as you have said. And cision. ican people as Republicans, as conserv- then there are others here as well that Now, today we are going to talk atives, and as Members of Congress. I would love to have you highlight. I about 527s, and I have been joined by a Today I think it is important that we know that you have got information number of folks who are members of bring up a pressing issue dealing with about that. our Republican conference, and I am 527 groups. My colleague from Georgia Mr. MCHENRY. Absolutely. I appre- pleased to have them join us today. I has done a very good job of outlining ciate you putting up something visible want to put up a poster about 527s. what 527 groups are, what they do, how for people to see. George Soros. What is And you say, Mr. Speaker, what is a they operate. his agenda? He is one of the greatest 527? Well, a 527 is something that folks The one thing he points out in his leftists this side of Havana and he is across this Nation may not have heard chart there is that funding is domi- trying to influence elections for his about but they probably heard from nated by a few wealthy donors, unlim- left-wing agenda. I think it is impor- them. And it is called a 527 organiza- ited giving is alive and well. Let’s just tant for the American people to be en- tion because it is a political organiza- go back a few years. Our colleagues on gaged in elections. But you should not tion whose taxation is defined in the the left, the Democrat Party, said that allow billionaires to go in and buy elec- section 527 of the Federal tax code. And big money is a corrupting influence in tions. You shouldn’t allow billionaires we are here to talk today about 527s be- politics. And so you had men like to go in, through undisclosed means, cause we believe fundamentally that George Soros, one of the richest men in and influence elections. You see Peter they were formed because of a loophole the world, a multibillionaire, George Lewis. You see Herbert and Marian in the law and that they are fundamen- Soros, who I like to call the Daddy Sandler. You see Stephen Bing, a huge tally unfair and that they do not result Warbucks of the Democrat Party, he Hollywood producer. You have Holly- in any transparency or accountability spent $18 million to root out big money wood money flowing through undis- as it comes to elections. in politics. Think about that. That is closed means to influence elections. I want to just highlight a couple of liberal lunacy at its worst, or I guess I My agenda, Congressman PRICE, just things and then look forward to com- should say at its best. like yours, is full disclosure. I think ments from my colleagues. He wanted to root out the corrupting that is important. My version of cam- Five hundred twenty-seven groups influence of very large donors. That is paign finance reform is maybe akin to really result in no transparency and no what he was quoted as saying, to root what yours would be, Congressman accountability. And it is not unfair to out issue advocacy phone calls, TV ads, PRICE, and that is to allow full, open, Republicans or Democrats; it is unfair radio ads. This last election cycle, he public transparency of campaigns and to the American people. Information spent $27 million, wrote a check for $27 allow them to be financed so that the that is not filed for a 527 or posted with million to different 527 groups to do ex- American people can see who is financ- Federal Elections Commission, so actly what he wanted to ban through ing them. We shouldn’t limit that fi- there is no way to get accountability. campaign finance reform. Liberal lu- nancing. Until we have that in Amer- You do not know who is donating to nacy, hypocrisy. It is a culture of hy- ica, through honesty in Federal elec- these groups. There is a lack of proper pocrisy that we are fighting on the left. tions law, we must level the playing disclosure requirements for filing and Let’s look at the facts and figures. field until we get to that point. donors and disbursements. Where do $370 million flowed through 527 groups. Mr. PRICE of Georgia. I appreciate they spend their money? There is no $370 million. That is more than Presi- those comments, because they are way to tell. Filled out forms are often dent Bush and Senator KERRY spent on right on where we need to get to. The incomplete and disclosure is imperfect, the presidential election. This flowed problem is that politics is the art of again making it so that it is unfair to through unregulated, undisclosed the possible so what we have got work- the American people because they will means. So voters didn’t have the oppor- ing here in this Chamber is the possi- not know, they cannot know because tunity to know who these 527 groups bility of appropriate reform right now. the information is not available, who is are, who their donors are, what their The accountability and disclosure that funding certain ads or activities. true agenda is. And so it is important you mentioned, I think it is important They fall under the guidelines of the that we bring out and bring to light the to mention these numbers, Mr. Speak- IRS. And as such, as you and I know, need for 527 reform so that we can have er, because they are staggering. The Mr. Speaker, the IRS is a huge, giant accountability and transparency, two American people need to know that. entity that, frankly, cannot figure out things that my colleague from Georgia George Soros, we have talked about, who is coming or going, and they cer- has been talking about extensively. $27 million. Peter Lewis, $23.9 million. tainly cannot with these organizations. We are going to point out the culture This is personal money coming into And funding is dominated by a few of hypocrisy on the left. Really at the campaigns that the American people wealthy donors, and I know that we heart of it is their reliance on a few bil- don’t know anything about. There is no will talk specifically about that. Un- lionaires to spend money through un- way for them to get that information. limited giving, remarkable unlimited regulated means to go out and influ- Herbert and Marian Sandler, $14 mil- giving, is alive and well in the political ence elections. It is very deceptive to lion. Stephen Bing you mentioned, but environment. We believe that that the voters. I think it is very unbecom- you didn’t mention the number. The ought to change. ing of who we are as a democracy. But number is $13.9 million. That is money, And I am so pleased to be joined by I also want to say, Congressman PRICE, Mr. Speaker, that is being used to in- some of my colleagues, initially Con- that I think our philosophy is similar. fluence elections and nobody knows gressman PATRICK MCHENRY, who is an We believe that freedom works and about it. official member of the Official Truth that free and full disclosure is impor- When you and I, Congressman Squad, a member of the freshmen class, tant to the nature of campaign financ- MCHENRY, have our elections, what do from North Carolina. He has just great ing. That is what we are trying to push we do? We put on everything that we experience with political activity and with 527 reform. have got, Paid for by Price for Con- also great experience with the impor- Mr. PRICE of Georgia. You men- gress, or Paid for by McHenry for Con- tance of truthfulness and fairness in tioned one person, George Soros. I just gress. We have to disclose that. And the public arena. happen to have prepared a poster here, that is appropriate. What happens And I am pleased to yield to my because you talk about big money in when they spend nearly $80 million? friend from North Carolina. politics, and the stated goal by some Nobody knows. was to get big money out of politics. In I would like to yield now to a good b 1700 fact, that is exactly what has not oc- friend and colleague who is not a fresh- Mr. MCHENRY. Thank you, Con- curred. The problem with what we have man, who has been around here for a gressman PRICE, and thank you for right now, as you well know, is that little while, but he is a good friend and

VerDate Aug 31 2005 02:56 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.107 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1379 he has excellent insight into this and the prior cycle of $268 million that was get annoyed by these recorded mes- so many other issues and is truly inter- raised then. Reports that were released sages. Even when telemarketers are at ested, Mr. Speaker, in making certain by public interest groups and various the other end of the line. I for one that the American people have the in- media sources during 2004 indicated agree with my constituents on that. formation that they need in order to that these 527 groups were not report- But it is important at the end of that make appropriate decisions. Chief Dep- ing all their contributions and expendi- telephone call to actually know where uty Whip ERIC CANTOR from the great tures to the IRS. In fact, the IRS did a it is coming from and who paid for it. State of Virginia, I welcome you and study. In that study, it was estimated Under section 527 of the IRS code, look forward to your comments. that 527 political organizations re- these groups don’t even disclose that. Mr. CANTOR. I thank the gentleman ceived nearly $27 million in contribu- They don’t have to. They don’t have to and I commend him on really a tremen- tions prior to filing the necessary dis- say who is paying for these phone calls. dous job in heading up the Official closure forms, and consequently may They have to say who they are from. Truth Squad of House Republicans, be- be subject to over $17 million in unpaid As a Member of Congress, I have an ob- cause it is about transparency. You taxes and penalties. So it almost seems ligation to communicate with my con- have done a great job at laying out the as if 527s may be averting the law to stituents. So when I make phone calls record here in the House of who votes get away with hidden contributions, to them, I disclose that it is coming for what and sort of comparing that to hidden activities, shady activities. from the Congressman PATRICK the rhetoric that often swirls around We all know and we have read the re- MCHENRY office and if they have a this place, certainly in the press and in ports about the type of activities that problem they can call me back at this other corners. I would also like to com- these organizations have engaged in. number if they want to be taken off the mend the gentleman from North Caro- For instance, one of these 527s hired list or they don’t want to be contacted. lina for his leadership on this and dozens of felons as voter canvassers in You can’t do that with 527s. many other issues. But I would like to, Missouri, Ohio and Florida, including I don’t know, Congressman PRICE, if as the gentleman from Georgia indi- people convicted of crimes such as bur- you recall reading about, or Congress- cated, talk just a minute about the glary, forgery, drug dealing, assault man CANTOR, I don’t know if you recall issue of transparency in elections. See, and sex offenses. Again, if there were reading about a 527 group in one State I come from the Commonwealth of Vir- not this loophole that instead would who hired felons, known felons, folks ginia. In Virginia, we have an election require 527s to abide by the same kind with criminal records, to go out and law that allows for open and often dis- of disclosure laws that any Federal of- knock on doors to campaign. It is abso- closure. We have a campaign finance fice or any Federal campaign com- lutely frightening when you see these regime that allows for pretty much mittee was required to comply with, we shady groups hiring shady people to be anyone to step up and exercise his or would have known about that. In fact, out in our communities. It is very her first amendment right without any these organizations, my contention frightening and the power that you see restriction so far as there is full and would be, would not have hired felons with $80 million coming from just four quick disclosure. That is really what and would have been much more care- people to influence elections. At the we are all about, I think, here in this ful in their activities. very least we want to know what their country, is we are about ventilating But the list goes on about the type of agenda is, what they are arguing for. what goes on in this body, what goes on activities that these entities are en- What we should be engaged in is more in elections. And so when this body gaged in across the country. That is disclosure. passed the McCain-Feingold legisla- what we are here today to talk about b 1715 tion, when it passed what we otherwise and that the Truth Squad has come to now call BCRA, somehow the Federal deliberate upon because frankly the Mr. CANTOR. The gentleman is ex- Election Commission in its promulga- American people expect better. The actly right. I think the three of us and tion of regulations created a loophole American people do expect that those probably most of our colleagues would that was unintended, because again I who engage in political activity do so adhere to a philosophy that allows for think the primary goal of any cam- in the sunshine, do so with the ability free and open participation in the po- paign finance reform should be trans- for voters to access information and for litical process, but again, with the stip- parency. We should trust the voters the political process frankly not be ulation that that participation brings and trust the citizens of this country commandeered by these groups that an obligation for full disclosure; and to be able to make decisions for them- operate in the dark. that is in fact what we are about here selves as long as they have full disclo- I appreciate the manner in which the in 527 reform. sure of the information. Well, McCain- gentlemen from Georgia and North I anticipate and look forward to the Feingold produced this loophole and Carolina approach this subject and debate on this House floor next week the loophole was the 527 entities that look forward to continuing to debate on the issue of 527 reform. We have got were created, or really that flourished, and discuss these important issues that to allow the average American the after the passage of the McCain-Fein- face Americans frankly this election same ability to get involved in the po- gold legislation. As both gentlemen cycle. litical process that, frankly, the super- have pointed out, this loophole allows Mr. PRICE of Georgia. I appreciate rich have. As we see in the gentleman the super-rich to impact elections and you really clarifying that issue so very from Georgia’s charts, over $78 million, it allows them to impact elections with well. I think it is important that we nearly $79 million was contributed and very little to no accountability to the talk today about what kinds of things put into the political process by four voters. these 527s do, because people say, ‘‘I super-wealthy donors. Now, I know As was said earlier, when any Federal don’t know what a 527 is. How am I that most, if not all, of our constitu- candidate runs for office, they are re- supposed to know? They would never ents do not have the ability to partici- quired to disclose their contributions, interact with me.’’ That is what people pate in that manner, to participate in their expenditures to the FEC, all of it think. But I am stunned at the number these 527s. done now electronically and online for of folks that I know who have gotten The gentleman from Georgia men- their constituents and for the entire phone calls from 527s. They are what tioned what is a 527. And Congressman country to see. That is the difference are called push calls, so that they are MCHENRY, you indicated, well, they are here with 527s. They simply are not dis- trying to push an individual in a par- the ones that are paying for these calls closing who their donors are in a time- ticular direction to believe something that may be interrupting your dinner ly fashion and are not disclosing what that may often not be true about an in- at home, that may be coming and type of expenditures they are making. dividual candidate or an individual per- knocking on your door inquiring about In fact, the Center For Public Integrity son. your allegiance, inquiring about your reported that section 527 political orga- Mr. MCHENRY. Congressman PRICE, I political affiliation. 527 groups are nizations raised approximately $535 know you mentioned the telephone groups that have involved themselves million during the last Federal elec- calls. Some of us get annoyed by these in the political process. They have be- tion cycle in 2004. That was up from answer machine messages. Some people come omnipresent in many places in

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.108 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1380 CONGRESSIONAL RECORD — HOUSE March 30, 2006 this country because they can get in- Mr. PRICE of Georgia. These groups all across this Nation are being af- volved in a political campaign really all have wonderful names. This one is fected by 527s, and they may not even under the radar screen, unbeknownst Working America. It is a great name, know it. They are active in over 30 to a candidate, unbeknownst to per- but can you find them? There is no way States, countless congressional dis- haps both candidates in a race. They do to find them. tricts in the Nation, and they are af- so because they are not properly dis- Mr. MCHENRY. This goes right to my fecting people’s opinions even though closing who their donors are. point. Somebody calls you and says the folks do not know that they are Frankly, we do not have the proper they are with Working America or they there and they are paying for this mes- enforcement mechanisms in place. say they are with Mom and Apple Pie, sage. Mechanisms that should be in place be- and yet this other person is very hate- We have been joined by Congress- long at the FEC just like they are for ful. That is their message. It is always woman BLACKBURN of Tennessee who is any other election campaign. a negative message. There is nothing a wonderful leader, an honorary mem- Mr. PRICE of Georgia. Account- inspiring about it. It does not talk to ber of the Official Truth Squad. We ability really is what it is all about. It the greater good. It talks to really the welcome you today, and I look forward is so important for people to appreciate base elements of our society and of to your comments. that when we make a phone call or human beings. Mrs. BLACKBURN. Thank you so when we put an ad on the television or Look, what I am for is allowing much. I appreciate the gentleman from when we send something out, we have groups to participate who are honest Georgia and his work on the issues and got to say who it is coming from. We and straightforward. I know, I know, for continuing to work on the Truth have got to say it is coming from our Mr. Speaker, I know that is a laugh- Squad to get the message out, and the campaign. When people get their infor- able thing in politics. Honest, forth- gentleman from Virginia, our chief mation from other sources, when they right, openness. Oh, goodness. I guess deputy whip, Mr. CANTOR, who has been get it from the newspaper, they know just as a new Member of Congress I leading on this and working with us to who is giving them information. You still want to embrace those things, be certain that we educate our con- can see who wrote the article. You somebody who is not so focused on stituents on exactly what a 527 is. know where the editorial is coming Washington. I am focused on my con- I love the poster that you have there. from by looking at the editorial stituents. I want to make sure they get It is a PAC by another name. One of boards. the information they need, that they the problems with this, as we were just When you watch the evening news, have the ability to discern for them- hearing from the gentleman from you know where you are getting your selves what is right and what is wrong North Carolina and you reiterated, peo- information from. When even PACs, po- and where we should go as a country. ple do not know where the money is Congressman PRICE, I appreciate you litical action committees, which have coming from. People do not know who using a specific example because that often times gotten a bad name, but is behind this group. And time and allows the American people to hear, to even PACs have to disclose what they again in town hall meetings people will hear what is happening all across are doing, that they are paying for this come before us and say, I got this call America with this big interest liberal so Americans across the Nation can un- or I got this mailer. Who is this group? left wing money flowing into politics derstand and appreciate who is paying And then they find out that it is a through unregulated, undisclosable for it, who is pushing that discussion group that nobody knows who is giving means outside of our Federal election point or that argument; and then they them the money. Nobody knows really laws. That is wrong. And so what we are able to respond. But what happens what they are about. They are kind of with 527s is that nobody knows, nobody need to get back to is openness and full disclosure and to make all groups abide a shadow organization. knows. I think it is time and it is appro- I have got an actual phone call that by the same laws, that we do not have priate that we put the emphasis on went out and this was a 527 that was a two-tier system. three things, which is what our bill put together to attack the Medicare I do not think it is right in any form will do next week: disclosure so that part D program. Now, I do not want to in our society to have two groups, we know where the money is coming talk about the merits of the program, lower-class citizens, upper-class citi- from; transparency so that our con- but I want to talk about the impor- zens, big money billionaires who play stituents when they get a piece of mail, tance of Americans knowing who is by different rules than you or I as aver- they know who it is by. When they get contacting them. This phone call went age Americans. And so it is important something like this: that we have a unified system for Fed- a mailer from our campaigns, it says Hello, I am calling from Working eral election laws that say you must that. When they see an ad from our America. You and your family must be disclose, you must be honest. And that campaigns, it tells them. And we know having trouble with the Medicare pre- is why as Congressman CANTOR, our that they are aware of who they are re- scription drug plan. Ask Congressman chief deputy whip, said, who is a great ceiving that from. And that type of So and So. Congressman So and So re- leader on this issue, we will bring a bill transparency is needed in this system. ceived so much in contributions from to the floor next week and it will bring The other thing is about fairness, and big drug companies and HMOs. Con- all these rogue 527 groups like the it is about fairness for the system be- gressman So and So voted for the drug Daddy Warbucks of the Democratic cause addressing these issues, disclo- program and has drug companies and Party, George Soros, who is funding sure, transparency, fairness, will en- the HMOs laughing all the way to the left and right, left and right, we are able our constituents to know that our bank and the rest of us scratching our going to bring this bill to the floor and focus is on being certain that they heads. You should call Congressman So say that these groups must abide by know that they can trust the electoral and So’s number and tell him and her our Federal election laws. We cannot process, that they can trust that there to stop working for drug companies. have rogue groups in this country. is some truth in the material that they Now, whether you believe that mes- Mr. PRICE of Georgia. I appreciate are getting with knowing where it is sage or not, I do not happen to believe you so much pointing out one of the coming from, and that they know that that, whether you believe that or not, stock and trades of the 527s, which is we are working to be certain to restore you ought to know who is paying for it. what I call ‘‘the politics of division.’’ the trust and integrity that they ex- That is the importance of the issue And it is so often used because it pits pect from this body and from the elec- that we are talking about today. one group against another. And it is toral system. Mr. MCHENRY. Congressman PRICE, cynical and it is not an honest debate This is something that we have need- do they leave a telephone number? at all. It is calling somebody up and ed to address. We have watched the Mr. PRICE of Georgia. There is no saying, Isn’t Joe Schmoe a bum and process and the 527s kind of get out of way to know who is paying for it, and don’t you think you ought to do some- control with the 2004 elections. And I there is no way to contact them. You thing about it? You have no idea who is appreciate what you said about it being are absolutely right. calling, no idea who is paying for it. the politics of division. All too often Mr. MCHENRY. What group do they Accountability and transparency, these groups focus on the politics of say they are with? that is what we are after. And people personal destruction. No one is well

VerDate Aug 31 2005 02:56 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.110 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1381 served. No one is well served when we gold, the regulation process at the Mrs. BLACKBURN. Mr. Speaker, I travel that path. FEC, that produced the flourishing of thank the gentleman from Georgia, Our political process is to be about the 527s; and as the gentleman, gentle- and one of the things, as we talk about ideas and bringing forth ideas, in bring- woman and also the congressman from fairness, again, going back to the poli- ing forth issues that are focused on North Carolina has shown, this is noth- tics of division and the politics of per- how we preserve freedom. How do we ing but a ruse on the American people. sonal destruction, I have got before me preserve hope and opportunity for fu- There is an awfully powerful voice a list of some of the shady acts that ture generations? How do we make cer- out there in many, many areas of the were committed by 527s when it comes tain that this Nation stays a free, a country involved in electioneering, a to people that were hired to be voter productive society? And being certain voice that no one knows who really is canvassers and the way that they filled that we have an open and trustworthy speaking, and that really is not what out faulty registrations and absentee process that is accountable is a way this country was about. That is not ballots. That is the type of activity that we will do that. what the voters expect of us. that my constituents repeatedly tell So I thank the gentleman from Geor- Mr. PRICE of Georgia. Mr. Speaker, I me they feel like should not be a part gia for bringing the issue to the floor thank the gentleman for laying out of the electoral process, that individ- today. I thank the gentleman from Vir- what the plan is, a positive plan, a plan uals should be held accountable for ginia for his interest in the issue and to level the playing field and to make that. for being a leader on the issue as we ad- the system fair. One of the things that we have found dress the problem that the advent of I wonder if Mr. MCHENRY has some is that many of these activities were 527s have caused in the political proc- comments about where we go from carried out by 527 groups, and that is ess. here. What is the positive solution something that is causing our process Mr. PRICE of Georgia. I thank the from here? to not function as it was set up. It is gentlewoman so much for her partici- Mr. MCHENRY. Mr. Speaker, I thank not fair to our voters. It destroys the pation and her leadership and for join- you for yielding. I will tell you what ‘‘one man, one vote’’ principle, and I ing us on this issue today because the we are trying to do is reform reform. think that it is important that we ad- items that you mention are so impor- Unintended consequences of laws are dress the activity. tant: disclosure, transparency, fair- something that we as Americans deal I am so pleased that our focus is on ness. with all the time, and the Federal elec- disclosure, transparency and fairness, As I mentioned before, this isn’t fair- tion code has numerous unintended and I look forward to working with the ness for Republicans or fairness for consequences as Congressman CANTOR Members of this body next week to be Democrats. This is fairness for Ameri- mentioned, and what we are trying to certain that our focus stays on trusting cans. It is fairness for the system. We do is make fairness reign within the integrity in our electoral process. talked about 527s being a PAC by any Federal Election Code. Mr. PRICE of Georgia. Mr. Speaker, I other name so they ought to follow the There was a glaring omission with thank the gentlewoman so much and same rules. That is what ought to 527s, and what we are saying is, do not appreciate your participation today occur in the House next week. exempt these groups from Federal elec- and leadership on this issue, along with Mr. Speaker, I yield to the gentleman tion laws. It is very simple, very basic, my good friends from North Carolina from Virginia to talk about the solu- 527 fairness. We want to allow 527s to and Virginia. tion, where do we go from here and how participate just like PACs participate, The issue of 527 groups is really do we solve this problem. but they should disclose like PACs and about the issue of fairness, as has been Mr. CANTOR. I thank the gentleman. like campaigns and abide by the same mentioned, and the truth of the situa- I thank the gentlewoman from Ten- laws, rules and regulations. tion that we currently have right now nessee who has joined us, and I appre- I am so happy that we are going to is that there is a loophole in the cur- ciate her dedication to this issue and come forward with legislation that rent law. There is no transparency, and so many others that reflect her desire does that, that ensures fairness and a there is no accountability, which to achieve transparency in so much of level playing field for all Americans means that Americans can get infor- what we do here in this body and on be- and all the people that want to partici- mation from people that they do not half of the constituents that we rep- pate in elections and make their views know. They do not know who is send- resent. and their voices heard. ing it to them. They do not know what The gentleman is right, next week Because as I said before, Big Daddy their agenda is, and there is no way to will be the opportunity for all of us to Warbucks of the Democrat party, find out. That is not a system that any set partisanship aside, to speak up for George Soros, he certainly does not of us would devise. the American people, and to essentially abide by the rules and regulations that To cut to the bottom line, which is allow all Americans the access to the all average Americans have to abide by the bottom line, funding is dominated political process that right now only when it comes to funding elections. So by a few wealthy donors, and we have a the super-wealthy have through their let us make sure that the Daddy lot of talk about soft money. What is use of 527s. Warbucks George Soros, the Big Daddy soft money? Soft money is unlimited So we will look forward to hopefully Warbucks of the Democrat party, of money, and in this case you have got a having a bipartisan vote next week in the leftist agenda, has to abide by the number of individuals giving tens of closing the loophole, in upholding the same rules and regulations that all millions of dollars to affect the polit- principles of McCain-Feingold, which Americans do. It is a matter of fairness ical process with no transparency, no were to get soft money out of politics. and good government and reform. accountability and no fairness. We have often heard that that is Mr. PRICE of Georgia. Mr. Speaker, I So what we stand here today to talk what McCain-Feingold was about. This appreciate your comments, and I think about and to present to the American is what we were trying to do was to get it is so important to focus on the issue people is the truth of the situation, a rid of this so-called ‘‘dirty soft of fixing and reforming the system be- proposal for a solution that is fair to money.’’ cause that is what our constituents all Americans. The current is a system, send us here to do, to fix and to reform as I mentioned, that is not unfair to b 1730 the system. This system is broken, al- Republicans or unfair to Democrats. It Well, it would seem to me that any- lowing more individuals, some individ- is unfair to Americans. one who voted for McCain-Feingold uals to have a greater influence than So what we are here to talk about several years ago, in order to be con- they otherwise might be able to have, and to present to the American people sistent, should vote for the measure and it is not fair. It is not a level play- is a system and a solution that will fix that will be on the floor next week being field. and reform the system in a way that is cause, otherwise, I would think an indi- I just have a few more moments left, fair. vidual would open themselves up to al- but I wonder if the gentlewoman from I urge all of my colleagues, both sides legations of hypocrisy, because, in fact, Tennessee might have some closing of the aisle, Republican, Democrat, to it was the aftermath of McCain-Fein- comments. come together next week and to work

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.111 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1382 CONGRESSIONAL RECORD — HOUSE March 30, 2006 for a positive solution to a real chal- qualified health centers have been Canada and fled to this country be- lenge that we have in America, that mentioned by the President, how he cause he did not like the Canadian would bring about a positive solution wants to see a federally qualified health care system, and as a con- for all Americans and a better system health center literally in every poor sequence, I was born while he was of electoral process that we have in our county in this country. doing his residency in this country. Nation and allow each individual There is no question that liability re- But he never went back because the American a better opportunity to de- form is going to be part of the picture system there was too onerous, the cide. of the overall reform of the health care waiting lists were too long, and even With that, Mr. Speaker, I am pleased system that deals with affordability. the Canadian Supreme Court, about a once again and want to thank the lead- We have to find some relief for our pro- year and a half ago, ruled that access ership for allowing us to participate. I viders. We historically underpaid or to a waiting list is not the same as ac- thank my colleagues from Tennessee cross-subsidized our providers, doctors cess to care. I would submit to you and North Carolina and Virginia for and hospitals alike, by underfunding that the resident in Toronto, Canada, participating today. government systems that pay for who suffers a heart attack may be just f health care, and the result is we now as likely to get their angioplasty or have people dropping out of the system coronary artery bypass graft done at HEALTH CARE at a time when we, in fact, need more Henry Ford Hospital in Detroit as To- The SPEAKER pro tempore (Mr. people coming into the system. ronto, Canada, because the length of FITZPATRICK of Pennsylvania). Under The information technology that is time spent on the waiting list is just the Speaker’s announced policy of Jan- available to health care systems in far too long. uary 4, 2005, the gentleman from Texas some ways is old, is past its prime. In Can we, in fact, keep the private sec- (Mr. BURGESS) is recognized for 60 min- some areas, it was never, in fact, devel- tor involved in health care? It is a utes. oped at all. So we are going to have to question that we are going to have to Mr. BURGESS. Mr. Speaker, I want- pay some attention. There is going to ask, and we are going to have to be ed to take this time tonight to talk to be some expense borne with recreating able to answer it. I believe that it can. the House about the subject of health and creating information technology I believe that it can, and I believe Con- care, something that I have been in- that our health care system, in fact, gress can and should have a part in volved with for the last 30 years of my requires. promoting policies that do help keep adult life, taking in that time that I Then, finally, as we have seen so the private sector in the health care spent in residency and private practice. many times over the past 3 years, pre- marketplace. I think the single most important paredness is going to be part of not just Look at, if you would, the history of medical savings accounts. Medical sav- issue that we need to keep foremost in the overall security of the country but ings accounts were basically born 10 our minds as we talk about issues sur- the overall security of our health care years ago in the Kennedy-Kassebaum rounding health care in this body over system. the next year and, indeed, over the When I talk about affordability of bill that came through the House and foreseeable future is the overall afford- health care, I think back to a time the Senate. That is the same bill that gave us HIPAA unfortunately, but it ability of health care. If we do not keep when, just a few years ago, I was, of also did give us what is called a med- health care within the affordable grasp course, in private practice in medicine, ical savings account, this old Archer of the average American, we not only but I went back to school and went MSA. I very happily bought one when keep people away from care that they back to graduate school at the Univer- they became available in 1977, made need, but we also put the overall pros- sity of Texas at Dallas and studied for one available for everyone in my prac- perity of our country in peril, and in a Masters Degree in medical manage- tice of medicine. Some people took it, fact, the overall system that has been ment at their school of management most did not because not much was created, the health care system that there. Their graduate school of man- known about medical savings accounts has been created in the United States agement is a very good school, and one at the time, but think of what a med- over the last 227 years will itself be in of our professors one day, Dr. John ical savings account does. peril. Burns, came and talked to our class Instead of the power of medical deci- Right now, the Federal Government and said, Within medicine you will al- sion-making being in the hands of some pays about half of the health care bills ways want to focus on affordability, ac- distant medical director or somebody in this country. It is a big chunk. cess and quality. somewhere or even in the hands of the About 16 or 17 percent of the gross do- Now the dilemma facing us is we government bureaucrat, the medical mestic product of this country is spent have only been able to deliver on two decision-making power was in my on health care, and of that, the Federal out of those three. Mr. Speaker, I do hands, and that was the most impor- Government picks up about half the not want to identify the one that I am tant part about having a medical sav- cost through Medicare, Medicaid, VA, prepared to leave out so I am just ings account. Federal Prison System, Indian Health going to talk about affordability. To be sure, I was issued a high de- Service. All the various federally quali- I do think that the American medical ductible policy, and I was able to put fied health centers, all of the various system will always provide us quality, money away to cover that deductible groups gathered together all make up and I believe if we can improve afford- year over year in what was called then an expenditure that is just shy of 50 ability, we are, in fact, going to im- a medical IRA, a tax-free contribution percent. prove access. to a medical savings account year after Well within that money that is spent With the amount of money that the year. The interest in that was not by the United States Congress, we need Federal Government spends on health taxed, and even though I gave up my to be sure that that money is spent care, you have to ask yourself, would it medical savings account when I came wisely. We need to be sure we get value be better if the government just picked to Congress in 2003, that money refor our dollars. So I want to spend up the whole charge, if the government mains in that medical savings account, some time this evening and talk about just picked up the whole tab? In fact, continuing to draw interest, and will where we are in health care, where we that was discussed in this very House be available to my wife and I when I do are in fact going, always keeping in some 10 or 12 years ago. I did not think retire, however many more years I mind that affordability has to be first it was a good idea then. I do not think have at this job. and foremost in our mind. it is a good idea now, but that is going But the medical savings account is We have got to discuss, we have got to be part of the discussion. an important tool because it does give to come up with some solutions for the Certainly, you look to our neighbor the power back to the consumer, and it uninsured. Federally qualified health to the north, and the Canadian health makes a consumer an involved partici- centers, the President has mentioned care system is oftentimes held out to pant in health care decisions. them in every State of the Union ad- us as something to which the Ameri- A lot of concern on some people’s dress that I have heard since I arrived cans ought to aspire. In the interest of part is, well, people delay getting med- in this body 3 years ago. Federally full disclosure, my dad was a doctor in ical care if they are going to have to

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.112 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1383 spend their own money. They will that can then be rolled into a health a serious way, is the concept of a pre- spend someone else’s money, but they savings account. fundable tax credit, sort of an EITC, if do not want to spend their own. I think from the first year, January you would, for people of low-income 2005, the first year the figures were levels for the purchase of an insurance b 1745 available, a million people had sought policy: a prefundable tax credit that Well, in fact, the National Center for that type of insurance. By January of occurs at the beginning of the year Policy Analysis, a think tank that is 2006, that was up to 3 million people. rather than a refund at the end of the located in Dallas, Texas, not too far Over half of those individuals were over year; money exclusively earmarked for from my home, had a study done the age of 40. So it wasn’t just the the purchase of health insurance. Sev- around the time the medical savings young that were looking at those types eral proposals have been put forth in accounts first came out in the 1990s of policies; it was people in the prime the past. I know my neighbor down in looking at other countries that had al- of life as well, and perhaps most impor- Texas, Ms. GRANGER, has had a bill lowed medical savings accounts to tantly, 40 percent of that number had about tax credits for the uninsured for compete head to head with private in- previously not had health insurance. several years, allowing $1,000 for indi- demnity insurance. And, in fact, what That is nearly a million people that viduals as a tax credit, or $3,000 for a was found in a comparison of medica- were taken off the rolls of the unin- family. tion usage in one of those countries sured and put into a health savings ac- Again, you might look at that and was that drugs such as Ritalin that count. say, in today’s market that is not might be regarded as a life-style drug, Now, I recognize that as we make a going to buy much insurance. But if the usage of Ritalin was in fact de- move to enhance so-called consumer- you couple that with a high-deductible creased. But the usage of a drug such directed plans, and that is what a policy that costs $50 a month for an in- as Fossomax, that is a drug that is health savings account is, a consumer- dividual, you can, in fact, price policies given to individuals who are thought to directed type of health care, as we that would be easily within someone’s be at high risk for osteoporosis, to pre- make the move to consumer-directed reach by providing such a tax credit. And if the individual were able to bring vent calcium loss from the bone and health care, we are going to have to a little bit of the money to the table prevent osteoporotic fractures in the give people the ability to evaluate not themselves, they would find the avail- future, a drug like Fossomax to pre- just their insurance policy but their ability of a health savings account vent osteoporosis, that usage in- health care providers and their hos- creased. So life-style drugs perhaps had with an account that would grow over pitals. They are going to have to have time and eventually would have sig- some diminution, but drugs that are the ability to evaluate health care on really there to prevent problems in the nificant capital within their reach that the basis of price, cost, and quality. It they could use for medical expendi- future, the usage of those drugs was is unreasonable to ask someone to not curtailed at all. In fact, it was tures should they happen later in life. make those types of decisions while Well, Mr. Speaker, all of this is great somewhat increased. that information remains obscure. discussion. We do have to consider the I look back to the experience that I That is a concept, the concept of job, the very big job ahead of us in this had as an individual back in the mid- transparency, that I believe that this Congress, and probably many Con- 1990s, in 1994, trying to get health in- body should investigate. We have had gresses to come, on how to deal with surance for a family member who one hearing in our Energy and Com- the problem of the uninsured. The Cen- didn’t have it and the difficulties, the merce Committee. I trust we will have sus Bureau will give us figures from intractable difficulties involved with more, and I trust we will see some type time to time on that. Whether that finding an insurance policy, a single in- of transparency-related legislation be- number is 42 million more or less, we surance policy for a single individual. fore the end of the year, either as a can argue the actual number. This is It just was not available, not at any stand-alone bill or coupled with some not something that has happened over- price. I was prepared to pay top dollar. other process. But that is going to be night. I remember when President Clin- I knew I would have to pay top dollar one of the keys to really furthering the ton was running for office in 1992 on a for such a policy. But no such policy cause for consumer-directed health platform of health care reform, he was available. care. talked about the number of uninsured Well, contrast that with now, where Now, transparency doesn’t exist just in the country being at 37 million dur- perhaps a young person just getting because it is inconvenient to remove it. ing his run for office. out of college, no longer on their par- Transparency, or opacity, in the health No question the number has in- ents’ health insurance plan, wants to care pricing system exists because creased. No question that the recent start their own business rather than there is some value to it. There is some recession this country went through working for a company. One of the big protective value to it. So it is not with- was in fact responsible for some of obstacles to that is, well, no health in- out some pain that transparency is that. The good news is that jobs are on surance. But today, that person can go going to be provided. the rebound, and more people are re- on the Internet, go to their favorite Again, I go back to the issues of ceiving insurance as a consequence of search engine and type in health sav- cross-subsidization of hospital costs their employment, so the number ings account, hit search, and they will and doctor costs, Medicare and Med- hasn’t gone up in the past year or two be returned a vast number of choices of icaid. We don’t pay the full freight as as fast as it might otherwise have been high-deductible health insurance plans far as provider fees, so hospitals and projected. And also, as I alluded to ear- that are available to them. doctors do need to cross-subsidize with lier, some people are buying health In fact, the most recent time I did the more traditional indemnity plans. savings accounts that previously were this, there are some insurance compa- Removing transparency or removing uninsured. But the number continues nies to be sure that I didn’t recognize opacity from the system is going to ex- to grow. the name, and I would always be cer- pose that, and in some cases it won’t be The true number people will put any- tain to check out the company before especially attractive or pretty what we where between 9 to 10 million to in ex- entering into a policy with them, but a find. But to get to the ultimate goal of cess of 45 million, so I will have to ac- well-known insurance company name, having transparency within the sys- knowledge that there is a good deal of a high-deductible PPO-type policy, $50 tem, where health care consumers can opacity here as well as the number of a month for a male in Texas, age range make proper decisions for themselves uninsured. But that doesn’t prevent us 20 to 30. Well, this is a pretty powerful and their families, I do believe that we from working on a solution to the tool that people have at their disposal. are going to have to provide that. And problem. And prior to our passage of the Medi- I may speak a bit more about trans- Now, the President has talked about care Modernization Act in November of parency a little later as time permits. a number of solutions during his State 2003, this tool was in fact not available. One of the other concepts that has of the Union addresses. He has of But it is now and many more people been introduced as legislation for the course talked about consumer-directed have insurance because of the avail- past several years, though we have health care with health savings ac- ability of these high-deductible plans never really taken it up and done so in counts, which we have already covered.

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.113 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1384 CONGRESSIONAL RECORD — HOUSE March 30, 2006 He has talked about association health so many people uninsured. Well, of bill, it is terribly uncomfortable and plans. And I was very relieved to see course, one of the reasons is the cost of adds to the discomfort of any accident Senator ENZI and his committee finally health insurance has gone up so much or disease process that brought them making some movement on an associa- over the past 10 years’ time. And one of to the hospital. tion health plan bill over in the Senate the reasons that health insurance has Mr. Speaker, I believe most people earlier this month. We have passed an gone up over the past 10 years’ time, want to have that type of coverage for association health plan bill here in this surely there is advancing complexity of their family. And in fact, we are deny- House every year that I have been here, what we are able to do, so health care ing it. We are denying it by allowing so that is at least over the past 3 years. just simply costs more. To some degree insurance policies to be sold that no Association health plans and achiev- it is that cross-subsidization with one could afford. ing that goal is not going to suddenly Medicare and Medicaid and picking up My belief is that some of the larger deflate the number of uninsured in this the tab for the uninsureds in the com- insurance companies would look at country, but it is certainly going to munity hospitals. that number of 42 million uninsured as help arrest the growth curve as the But another reason that the cost of potential market share if they simply number of uninsureds increase, because care increases, or the cost of insurance had a product that was priced in a employer costs increase for providing increases, which is different from the range where people could afford it. I that insurance. cost of care, is that in some places think this body ought to look at the What an association health plan does States mandate that certain proce- procedures outlined in the federally is allow small businesses, the backbone dures or certain diseases require spe- qualified health center legislation and of business in this country, association cial coverage or additional coverage. make available to people a basic policy health plans allow small businesses of So placing a number of mandates on a of benefits. Again, we have already a similar business nature, it allows identified what those would be, make a them the ability to band together and State insurance policy can certainly drive the price of that insurance policy basic policy of benefits available to attain the purchasing power of much people, a policy without all of the bells larger companies, even going across ever higher and make it more unavailable to more people in the population and whistles that ends up costing pa- State lines if necessary to get the tients and constituents so much in the power of that large group to negotiate who cannot afford that degree of health coverage. way of out-of-pocket money. with an insurance company. So that The country is looking to us to pro- We have talked in our committee means that a group of Realtors, for ex- vide this type of leadership. They are about some of the solutions for that. In ample; a group of employees of your tired of the tennis match between our fact, association health plans will pro- local chamber of commerce, for exam- side and their side and who has the bet- vide some relief for that problem. But ple; a group of doctors’ offices, or a ter ideas. We have already agreed on the issue, Mr. Speaker, is no one wants group of dentists’ offices might ban to- what that basic package of benefits to take away from people what they gether to be able to grab that pur- should be. Why not have a federally really need. And if a procedure or if a chasing power and get a better deal on qualified health center without walls insurance, a deal such as a much larger type of coverage is truly basic to that is a basic insurance policy that a corporation might be able to command. human need, no, of course it shouldn’t husband and wife can buy for their Federally qualified health centers be withdrawn from an insurance policy. family and have that peace of mind and are a reasonable way of providing We have the ability in front of us to knowing if that child gets sick, has an health care to people who otherwise identify those procedures, those things asthma attack, develops diabetes, they would not have that health care avail- that should be required in an insurance are going to be covered. able and would not have health insur- policy. We have already agreed on that There could not be any discussion of ance available. Federally qualified list, and that list are the procedures, health care reform in this body that health centers are present in a number the diseases that are covered through a did not cover liability reform. of areas in the country. Unfortunately, federally qualified health center. We need a national solution. We have my congressional district does not con- b 1800 several States that have done a good tain a federally qualified health center. job at correcting the problem at home. If we were to work off of that list, if States that border the Mississippi My State of Texas certainly is one of we were to decide what are the can’t- River and those east have a number of those, but that protection that is now haves, what are the can’t-live-withouts such facilities available. Western provided by the State of Texas has only States on the coast have a number of on that list and develop a template for been there since 2003. It is under attack such facilities available. But we do an insurance policy that could be sold during every legislative session. have some fairly big gaps in the pres- from one State to the other to allow We need to step up and do this job. In ence of federally qualified health cen- someone at a lower income level to be fact, we are always looking for places ters throughout the middle part of the able to afford an insurance policy, it is in our budget where there might be United States. absolutely ludicrous to think that a some savings, where we might get a One of the things that I think is so family of four with a yearly insurance savings of a billion dollars here or a powerful about a federally qualified tab of $9,000 where the principal wage billion dollars there. And as famous health center is that it gives a person earner earns a over little twice that, Senator Dirkson said, pretty soon you a medical home. It gives them a place that they are going to be able to be in are talking about real money. where they can go to receive their care. the market for health insurance. It is We passed a bill called H.R. 5 in 2003. There is some measure of continuity of just not going to happen. H.R. 5 was the Medical Liability Re- care, of seeing the same person on an But if we can make a product afford- form Act. At that time, 3 years ago, ongoing basis, and overall reduces the able and within their reach, my belief the Congressional Budget Office scored cost of care for the uninsured in that is that most families want to have in- that bill not with a cost but with a sav- community because that person is no surance coverage if a child gets sick or ings of $15 billion over 5 years. That is longer dependent upon an emergency if a principal wage earner is involved in $3 billion a year. In fact, the amount is room for their hospital care. They in an accident and needs a prolonged hos- probably higher today. If we were to fact have a health center nearer their pitalization. take that same bill back to the CBO home. And because it is nearer their I have been involved in numerous sit- and ask them to score it again, I sus- home, it is not just a question of ac- uations in the hospital where an in- pect it would be a higher figure. I do cess; sometimes it is a question of uti- jured person does not have insurance. not think the number of dollars spent lization. Utilization isn’t always what It is an uncomfortable feeling for the on medical liability and defensive med- it should be, but by placing these cen- family. Forget how the hospital feels icine have come down in the last 3 ters close to a person’s home, it does about it or any of the doctors feels years. increase not only the access but utili- about it, but someone who is in a hos- We are wasting money. We are wast- zation as well. pital knowing they are running up a ing the country’s money by not push- One of the things that I think this big bill and knowing they have no ing for national medical liability re- body needs to consider is why are there means at their disposal to cover that form. In my mind, those are precious

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.115 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1385 health care dollars, and it is uncon- took a lot of work to get through med- the same as the one that we talked scionable that we continue to waste ical school and they had to get student about here in the House. We bifurcated that money. loans. Now they are getting out of that cap so that part was borne by the Mr. Speaker, when I was a very new medical school and looking at what doctors and part was borne by the hos- Member of Congress just a few short they want to do with their lives and pitals. It was in some ways different years ago, in my first August recess, practice, and they say I cannot afford from the bill that we passed in the we had a field hearing in northern to go into OB-GYN. There is no way I House but not substantially different. Alaska up where the ANWR oil fields can do 4 years of training in OB-GYN It is perhaps a template that we might are proposed to be. On the way home, and then go out and buy the kind of li- follow here in the House of Representa- we stopped in Nome, Alaska. And Nome ability policy that I will have to have tives to see if we can’t get something is still a fairly small town so you can to set up in private practice, and also done on this issue because I will tell imagine, a military plane with several deal with all of these educational you, Mr. Speaker, the country is ready Congresspersons on board landing at loans. for us to take action on this. their airport caused quite a stir. In So the best and brightest are no People said, well, and certainly we fact, their whole Chamber of Com- longer going to this hospital in New heard this on the debate in H.R. 5 in merce turned out and had a nice lunch York for the residency program in OB- 2003, the insurance companies are not for us. When it turned out that one of GYN. These are our children’s doctors. going to reduce their rates. If you get the people from the Chamber of Com- These are the doctors that are going to this cap on noneconomic damages, it merce was also a physician, every be delivering our children and great will not bring rates down. Well Texas member of their medical staff, all 19 of grandchildren. How can we say we are Medical Liability Trust, my last insurer of record when I was in practice their medical staff showed up for that furthering patient safety and patient in 2002, my insurer has lowered rates by lunch and were eager to ask me ques- rights by continuing to allow this to a total of 20 percent and provided divi- tions. happen? And coupled with that, the dends to their plan holders so that The man sitting next to me at lunch money that is spent in the practice of there has been between 20 and 25 per- said, I hope you are going to be able to defensive medicine because of the li- cent savings to providers in Texas. do something about medical liability ability situation in this country, it is Clearly, the people who said that the this year. Do you think you will? unconscionable that we do not change insurance companies would not provide I said, I do not know. It is a tough this. I hope we can. I honestly think relief to doctors were mistaken in that problem. the way we are actually going to have He said, We really need some help in assumption. to go about doing that may be during One of the other things that we talk Nome, Alaska. We cannot afford an an- the budgetary process, perhaps during about a lot in this body is the concept esthesiologist at our hospital because reconciliation. But this issue is too im- of pay for performance, reform of we cannot afford the liability policy. portant to wait for the 110th or the health information technology and how Well, that certainly limits your abil- 111th or the 112th Congress. these two things taken together will ity to deliver services. I said, What In Texas, we passed a Statewide med- return so much money to the medical type of medicine do you practice? ical liability reform bill in 2002. It re- system that our expenditures on med- He said, I am an OB–GYN doctor, just quired a change in the State constitu- ical care can in fact be met. I do not like you. tion to allow the bill to actually take know that is something that I com- I said, wait a minute, an OB–GYN effect. The bill was passed at the end of pletely buy into at this point, but I do doctor without an anesthesiologist at May or the first of June during the be- know this. We have been paying physi- your hospital. Forget about pain relief ginning of the 2003 legislative session, cians under a formula called the sus- during labor, what do you do if some- and then a constitutional amendment tainable growth rate since 1997 or 1998. one needs a C-section? He said, We get was called for an election that hap- This formula, the so-called sustainable them on an airplane and send them to pened on September 12 or September 13 growth rate, and bear in mind hospitals Anchorage. Well, that is an hour and a of that year. That constitutional are reimbursed under a different for- half away by air. I think there are amendment passed, not by much, but it mula which is the medical market bas- probably a lot of days with probably did pass. What a difference it has made ket formula. The sustainable growth pretty bad weather in Nome, Alaska, in Texas. rate has gone down every year for the where air travel is not possible. So I do When I was first campaigning for of- last 5 years. not know how we are furthering the fice, we were in a situation where we During the month of December when cause of patient safety by not pro- had gone from 17 liability carriers we were working so hard on the Deficit viding medical liability reform. I do down to two. That meant that there Reduction Act, one of the reasons we not see how we can tell ourselves that were a lot of doctors in the State of were working hard on that was because this is unimportant when we have a Texas who could no longer get medical the Deficit Reduction Act did contain hospital in Nome, Alaska, that has to liability insurance or they were paying language that would prevent that nega- put a pregnant woman in labor on a top dollar for that insurance. In fact, I tive 4.4 percent update that physicians plane and send her to Anchorage, Alas- ran into a young woman one night dur- were to take January 1 if we did not ka, to have her C-section under anes- ing the campaign at an event for Sen- pass the act. Passage of the act did not thesia and not feel every portion of the ator CORNYN. This young woman said, I bring doctors any more money, it just operation. hope you can get something done about held them at zero. And of course we all Mr. Speaker, another time I had an liability. I can’t get insurance. It is not know, here in Washington, D.C., if you opportunity to have dinner with a that I have had any lawsuits, but my do not increase something year over woman who is head of one of the resi- company went out of state and I can’t year, you are in fact cutting it. Well, dency programs at one of the larger get anyone to cover me. basically, we cut doctor’s pay in Janu- hospitals in New York. I trained at So here was a woman in her mid-for- ary. Even holding them at a zero level Parkland, and I know it is the best ties, trained at State institutions. Tax- negative update, we were cutting their residency program in the country, but payers had subsidized her education, pay. But even worse, we passed the Def- they have some good residency pro- and she is now a stay-at-home mom icit Reduction Act but then because of grams in New York as well. and not practicing her specialty of ra- a technical glitch it didn’t get passed, I asked her how the liability issue is diology because of the medical liability it didn’t get signed and doctors did get affecting her residency program. She issue. hit with a negative 4.4 percent update. related that they are taking people The good news is that after Texas January 4 in my district office in into their residency program that 5 passed that law and passed that con- Texas, my fax machine was about to years ago they wouldn’t even have stitutional amendment, we went up run out of ink because of the number of interviewed. The applicant pool has from two liability carriers back up to doctors sending me letters stating that fallen off so much because of fears of 14 today. The liability reform that we they wanted me to see the letter that young medical students getting out of passed in Texas was kind of unique. It they were sending out to their pa- school with a lot of debt because it was a cap on noneconomic damages, tients: ‘‘I will no longer be able to see

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.116 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1386 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Medicare patients in my practice. The are going to end up paying more for the advanced information technology, that cost of seeing the patients is far great- technology, or paying more for the that may well go down as the third er than the amount of reimbursement. training for that technology. We, in worst day in the practice of medicine. We just got our pay cut by Congress, fact, are harming ourselves by post- We have to be very careful about how and I cannot afford to continue to see poning this decision for another year we structure this. In fact, the Stark you.’’ or another two years. laws right now prevent a hospital from I submit this is the year to get this b 1815 providing that equipment or that infra- done. Reform that formula, place it on structure to a private doctor’s office And this is really a tragedy. In fact, the Medicare economic index, which because that would be an unjust in- when I did my first series of town halls, has been recommended by MedCap, ducement to put patients in that par- my first year I was in office, I did 65 which is the group that we tasked with ticular hospital. town halls around in my district. And I dealing with this program and pro- We need to look at these 1980s health heard people talk to me about the dif- viding us a solution to the problem. care laws and look at them in light of ficulty with purchase of prescription Just like the hospitals who get a posi- the 21st century. We are far past the drugs. This came up time and again. tive update year over year, we need to point of punishing every doctor and But what I heard without question in provide the same for physicians. Then every hospital for imagined trans- every town hall that I did, someone we can get on the business about inves- gressions by this body. We have to look would come up to me afterwards and tigating the pay-for-performance issues at reforming those restrictions and say, how come when you turn 65 you and the information technology issues. those regulations so we can, in fact, have got to change your doctor? And I will just have to tell you, Mr. allow doctors’ offices and hospitals to the reason, of course, is because the Speaker, my own experience with income into the 21st century. doctor they were seeing before now is formation technology, with an elec- Mr. Speaker, any discussion of med- no longer taking Medicare. Now this tronic prescribing unit that a company ical care would not be complete with- was 3 years ago. It is getting worse placed in my office for beta testing. out talking a little bit about what is year over year. What is happening is They wanted our group of five physi- going on in the gulf coast in this coun- we are driving doctors out of the busi- cians to try this out and see how it try. Now, Hurricane Katrina, in Lou- ness of seeing Medicare patients. Doc- worked for them, to see if they could isiana and Mississippi, Hurricane Rita tors who in all likelihood are at the make it work better. But the problem in my State of Texas and our neighbor, peak of their careers, doctors who have was that it added 1 to 2 minutes to Louisiana, did tremendous damage to the best diagnostic ability, doctors who every patient encounter. Well, when all sectors of the infrastructure in have the best technical skill, whose op- you are having to see 45 patients dur- those States. But especially hard hit erations take the least amount of time, ing the course of an average day in was the health care infrastructure. And whose infection rates are best, we are order to pay the light bills, pay the of course in the State of Louisiana, in driving these doctors out of the prac- help, pay the rent and take a little bit the city of New Orleans, where, unfor- tice of taking care of our most vulner- home at the end of the day, if you have tunately, poverty was so prevalent, able citizens, our senior citizens, indi- got to see 45 patients in order to do all these storms did vast damage to the viduals who will typically have multi- of that and you add 1 or 2 minutes to health care infrastructure that was at symptom disease and chronic ailments each patient’s encounter, you are add- some days before the storms only ten- for which they need the best care. ing 1 or 2 hours to that practitioner’s uous at best. But we are taking the best doctors day. And it continues to be a problem, de- out of the system. I submit that by And who pays for that additional 1 or spite all of the dollars. Just last week, doing so, if we then try to loop back 2 hours? Well, in the situation that we we did that supplemental bill, and all and say, well, we are going to pay for found ourselves in, that question just of the dollars that we have appro- performance, we may be paying for per- simply went unanswered. And what priated from this Congress, but you go formance not with the first tier of doc- happened was the technology, for the down on the ground in New Orleans, tors in this country, but with the sec- most part, went unused. I will admit Louisiana, and it doesn’t look like we ond or third group. And it is going to that I did use it because I like tech- have done a darn thing for the folks cost more to pay for that performance. nology and I like fooling around with down there, particularly in the realm I submit the time to take care of this things like that. But my other partners of health care. Same with Beaumont, is now. We don’t necessarily need to tie were absolutely uninterested in any- Port Arthur area in my State of Texas. reform of the sustainable growth rate thing that would slow them down or I can remember watching those hur- formula, which is not working, to some make them less productive. ricanes, both of them, on the Weather pay-for-performance formula, which When we get to the point that we are Channel the nights that they were quite honestly is not ready for prime willing to spend vast amounts of dol- drawing their bead on the various time yet. But we do need to give pro- lars for bringing this information tech- towns in the gulf, and you just knew viders some measure of relief and some nology to, say, a hospital or a doctor’s they were so big and so powerful that degree of stability in the pricing of the office, we are going to have to be pre- nothing good is going to come of this. procedures that they perform for us. It pared to compensate individuals, doc- My two trips to New Orleans this is difficult to make decisions about, tors and nurses, nurse practitioners. past year certainly have showed me well, how, am I going to expand my of- We are going to have to be prepared to what devastation those storms were ca- fice, am I going to hire another part- compensate them for the time involved pable of inflicting upon those areas. ner, am I going to hire another nurse, in learning that process. The city of New Orleans itself, of am I going to offer this new procedure, Mr. Speaker, I was in a hearing in course, a virtual ghost town. You go when we here in Congress every year our Committee on Energy and Com- into the lower Ninth Ward and you just are threatening them with a 4.5 percent merce just the other day where we cannot imagine the destruction if you pay cut year over year until we reach talked about this. I will have to tell haven’t seen it. a total of 26 percent, which, to me is you, two of my worst days as a prac- And furthermore, the task ahead, it unconscionable. We are driving the ticing physician: one was the day that has not even been decided yet whether best doctors out of business; and then this body passed the Stark laws, and rebuilding is something we should do in we expect to say, but we only want to one was the day this body passed the those areas. Certainly they continue to pay for quality out of the doctors that HIPAA laws. It certainly did not make be flood-prone because of the number are left. my practice life any easier, and, in of feet they are below mean sea level. You know, the same could be true for fact, made life a lot harder and, as a When you are standing in the street the investment in information tech- consequence, made the overall cost of and you look up and you see a boat nology. If we drive our best doctors out delivering that care go up. traveling by in the canal, that just of practice, then paying for informa- I couldn’t help but think that, as we gives you a graphic of how far down tion technology, but we don’t have the were talking about crafting legislation those communities are. And in a hurri- best providers there anymore, so we to require doctors and hospitals to use cane-prone area, to repopulate, it is a

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.117 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1387 question that we are going to have to been weak to nonexistent in several of to keep affordability of health care up- ask. those areas. permost in our minds. We need to work But when you go into the health care Now, we saw a number of people that on the problem with the uninsured. We facilities there in New Orleans, LSU fled from the storm path in Katrina need to make insurance products avail- Hospital, Charity Hospital, one of the came to my area of north Texas. Some able so that people can afford them. We venerable teaching institutions in this great stories there about how people need to expand and perhaps embellish country, my professors at Parkland opened their hearts and their homes to federally qualified health centers. Hospital in the 1970s, many of them people who had been displaced by the There is no question that we are going trained at Charity Hospital in the 1950s hurricane. One of the great stories is, to need some type of liability reform in and 1960s. It is truly an icon as far as of course, from the Dallas County Med- this country, and there is no question medical care in this country. ical Society. When they heard that that we need some type of provider re- But when you walk through that fa- 17,000 people who had previously been lief and to keep the best doctors in- cility, you realize that it quite likely in the Super Dome were going to come volved and to continue to be involved will never be, ever again, what it was to a similar facility in downtown Dal- in the practice of medicine, particu- before. And it is a sad state. There is las, even though it was on a Labor Day larly where it is concerning our sen- equipment that is relatively new equip- weekend, the doctors in Dallas, iors. ment, but it has been ruined by water, through the Dallas County Medical So- Information technology will be some- ruined by mold, not likely to be sal- ciety, sent out a blast fax to all of thing that we talk about now and for vageable under any circumstances. their members, and out of a 3,600-mem- several years to come, but we need to be extremely careful how we imple- One bit of good news that I do need ber medical society, 800 showed up on ment that. to share with Congress is that across the steps of Reunion Arena to help the street at Tulane Medical School, And then, finally, every hour that we those people and make certain that spend thinking about preparedness, the hospital there, under private own- they had medical care. ership, has come a long way since the every dollar that we spend on prepared- But we need to learn our lessons from ness is going to be money well spent. storm hit and since the forced evacu- this crisis. There are areas where our We can ill afford to have a poor re- ation of that hospital. We toured the medical system performed valiantly. sponse to the next crisis when it hap- facilities there at Tulane, at the HCA But there are areas within our medical pens to this country. Unfortunately, hospital. New paint on the walls, new system and particularly in our Federal the events of the last 5 years, I think, sheet rock where sheet rock had to be agencies where the response was weak- have shown us that bad things do hap- replaced. The emergency room, the day er than it should have been. And the pen to good people. we were there was about a week before reason to be concerned about that is we Mr. Speaker, the House has been very Mardi Gras. It was not open that day, also hear discussion of an illness called generous with its time. but they were going to open for Mardi the avian flu that, while fortunately f Gras; and I believe that is, in fact, not in this hemisphere yet, may be what they were able to do. It was a here before we get back from our Au- LEAVE OF ABSENCE stark contrast to what was going on gust recess because of the distribution By unanimous consent, leave of ab- across the street. of the distributive path along the mi- sence was granted to: Now, the difference was that from a gratory flyways of birds. Mr. SWEENEY (at the request of Mr. corporate level, that hospital, that pri- A lot of doctors showed up when they BOEHNER) for today until 1 p.m. on ac- vate hospital had made the decision were asked to come down to Reunion count of illness. that no matter where the disaster hap- Arena to receive the people from the f pened anywhere in the country, they hurricane. But what is going to happen SPECIAL ORDERS GRANTED were going to be ready and they were if, instead of a natural disaster like a By unanimous consent, permission to going to respond. As a consequence, in- hurricane, the disaster is a commu- address the House, following the legis- surance money and new investment, nicable disease like the bird flu? new capital invested in that hospital lative program and any special orders brought it back much more quickly b 1830 heretofore entered, was granted to: than any of the other facilities that I Can we expect first responders to (The following Members (at the re- toured down there. show up for that when they, in fact, quest of Ms. WOOLSEY) to revise and ex- But even with that hospital coming themselves may be placed in peril by tend their remarks and include extra- back, the service available to the resi- doing so? neous material:) Ms. WOOLSEY, for 5 minutes, today. dents who have come back to New Orle- Well, fortunately, the President and Mr. DEFAZIO, for 5 minutes, today. the Department of Health and Human ans, the medical care available, has Mr. EMANUEL, for 5 minutes, today. been decimated. Doctors in private Services and the NIH have worked very Ms. KAPTUR, for 5 minutes, today. practice, when I visited the first time hard to come up with an Institute of Mr. BUTTERFIELD, for 5 minutes, in October, would tell me, I have got no Preparedness plan. We have provided today. mail for 2 months. My accounts receiv- some of the funding for that right at Mrs. MALONEY, for 5 minutes, today. able, I have no idea. No money is com- the end of December in the Department Mr. CUMMINGS, for 5 minutes, today. ing in across the counter because ev- of Defense appropriation bill. There is Mr. SCHIFF, for 5 minutes, today. eryone I am seeing, and the schedule is still more money that we are likely Mr. VAN HOLLEN, for 5 minutes, full, no one has any money, no one has having to put forth for that. And it is today. any insurance. No one even knows if one of those things that it may turn Mr. UDALL of New Mexico, for 5 min- the company that they are working for out to be another Y2K. It may never utes, today. is still in business. Things were so dis- materialize. But if it does materialize, Mr. HOLT, for 5 minutes, today. Ms. CORRINE BROWN of Florida, for 5 rupted by that storm that day. it could be so severe and so harsh on minutes, today. Doctors are leaving the area. The our country that not being in a state of (The following Members (at the re- hospitals that remained open may not preparedness really makes no sense. quest of Mr. DELAY) to revise and ex- Mr. Speaker, the House has been very be able to stay open because of the vast tend their remarks and include extra- kind with its time tonight. It has given debts that they are incurring. Again, neous material:) us an opportunity to talk about what I they are busy, patients are coming in, Mr. DELAY, for 5 minutes, today. but nobody has any visible means of see are a number of issues ahead for us Ms. FOXX, for 5 minutes, today. paying them. It has been a slow, slow in health care. Mr. GOHMERT, for 5 minutes, today. process getting our Federal agencies to I want to stress again that afford- Mr. JONES of North Carolina, for 5 provide the reimbursement for seeing ability of health care is a thing that we minutes, April 4, 5, and 6. those patients that should be there. need to keep first and foremost in our (The following Member (at her own And it just continues to be a sad tale. minds. Every bill that we introduce, request) to revise and extend her re- There is no question that State in- every vote that we take, every com- marks and include extraneous mate- volvement, as well, their response has mittee hearing that we hold, we need rial:)

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.119 H30MRPT1 ccoleman on PROD1PC71 with HOUSE H1388 CONGRESSIONAL RECORD — HOUSE March 30, 2006 Ms. BERKLEY, for 5 minutes, today. ganization; to the Committee on Inter- report on the Government in the Sunshine national Relations. Act for Calendar Year 2005, pursuant to 5 f 6800. A letter from the Deputy Director, U.S.C. 552b(j); to the Committee on Govern- ENROLLED BILLS SIGNED Defense Security Cooperation Agency, trans- ment Reform. mitting a report in accordance with Section 6811. A letter from the Secretary, Depart- Mrs. Haas, Clerk of the House, re- 25(a)(6) of the Arms Export Control ment of the Interior, transmitting a copy of ported and found truly enrolled bills of Act(AECA), describing and analyzing serv- a draft bill titled, the ‘‘Reclamation Water the House of the following titles, which ices performed during FY 2005 by full-time Management Improvement Act’’; to the were thereupon signed by the Speaker: USG employees who are performing services Committee on Resources. H.R. 1259. An act to award a congressional for which reimbursement is provided under 6812. A letter from the Acting Principal gold medal on behalf of the Tuskogee Air- Section 21(a) or Section 43(b) of the AECA; to Deputy Assistant Secretary for Indian Af- men, collectively, in recognition of their the Committee on International Relations. fairs, Department of the Interior, transmit- unique military record, which inspired revo- 6801. A letter from the Deputy Director, ting a proposed plan pursuant to the Indian lutionary reform in the Armed Forces. Defense Security Cooperation Agency, trans- Tribal Judgement Funds Act for the White H.R. 4911. An act to temporarily extend the mitting the Agency’s reports containing the Mountain Apache Tribe in Docket No. 99- programs under the Higher Education Act of 30 September 2005 status of loans and guar- 148L, pursuant to 25 U.S.C. 1401; to the Com- 1965, and for other purposes. antees issued under Section 25(a)(11) of the mittee on Resources. Arms Export Control Act; to the Committee 6813. A letter from the Assistant Attorney f on International Relations. General, Department of Justice, transmit- ADJOURNMENT 6802. A letter from the Assistant Secretary ting the report on the administration of the for Legislative Affairs, Department of State, Foreign Agents Registration Act covering Mr. BURGESS. Mr. Speaker, I move transmitting the quarterly report of obliga- the six months ended June 30, 2005, pursuant that the House do now adjourn. tions and outlays of FY2004 and FY2005 funds to 22 U.S.C. 621; to the Committee on the Ju- The motion was agreed to; accord- under the Emergency Plan for AIDS Relief diciary. ingly (at 6 o’clock and 33 minutes through September 30, 2005 pursuant to Divi- 6814. A letter from the Assistant Attorney p.m.), under its previous order, the sion D, Pub. L. 108–199; to the Committee on General, Department of Justice, transmit- International Relations. ting a copy of the Office of Victims of Crime House adjourned until Monday, April 3, 6803. A letter from the Assistant Secretary 2006, at 2 p.m. (OVC) International Terrorism Victim Ex- for Legislative Affairs, Department of State, pense Reimbursement (ITVERP) Report to EXECUTIVE COMMUNICATIONS, transmitting the Department’s criteria used Congress 2005; to the Committee on the Judi- to determine appropriate adjustments in ETC. ciary. post differentials and danger pay allowances, 6815. A letter from the Secretary, Depart- Under clause 8 of rule XII, executive pursuant to 5 U.S.C. 5925(a) and 5928 Public ment of Transportation, transmitting the communications were taken from the Law 109–140, section 4(d); to the Committee Twenty-First Annual Report of Accomplish- Speaker’s table and referred as follows: on International Relations. ments Under the Airport Improvement Pro- 6804. A letter from the Assistant Secretary gram for Fiscal Year 2004; to the Committee 6794. A letter from the Assistant Secretary, for Legislative Affairs, Department of State, Office of Special Education and Rehabilita- on Transportation and Infrastructure. transmitting the Department’s report enti- 6816. A letter from the Acting Adminis- tive Services, Department of Education, tled ‘‘Country Reports on Human Rights transmitting the Department’s final rule — trator, General Services Administration, Practices for 2005,’’ pursuant to (90 Stat. 748); transmitting an informational copy of the National Institute on Disability and Reha- to the Committee on International Rela- bilitation Research — Disability and Reha- Administration’s Fiscal Year 2007 Leasing tions. Program report, pursuant to 19 U.S.C. bilitation Research Projects and Centers 6805. A letter from the Assistant Secretary 2213(b); to the Committee on Transportation Program — Spinal Cord Injury Model Sys- for Legislative Affairs, Department of State, and Infrastructure. tems Centers (SCIMS Centers) and Disability transmitting the Department’s final rule — 6817. A letter from the Assistant Secretary, Rehabilitation Research Projects (DRRPs) — Amendments to the International Traffic in Transportation Security Administration, De- received March 7, 2006, pursuant to 5 U.S.C. Arms Regulations: Office Names, Corrected partment of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Education Cross-Referencing, Reference to Wassenaar ting the Administration’s ceritification that and the Workforce. Arrangement, and other Corrections/Admin- the level of screening services and protection 6795. A letter from the Chief Financial Offi- istrative Changes — received March 7, 2006, provided at the Jackson Hole Airport will be cer, Department of Energy, transmitting the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- equal to or greater than the level that would Department’s report entitled, ‘‘Report on mittee on International Relations. be provided at the airport by TSA Transpor- Carryover Balances,’’ pursuant to Public 6806. A letter from the Secretary, Depart- tation Security Officers, pursuant to 49 Law 102–486; to the Committee on Energy ment of Agriculture, transmitting the semi- U.S.C. 44920(d); to the Committee on Home- and Commerce. annual report of the Inspector General for land Security. 6796. A letter from the Secretary, Depart- the 6-month period ending September 30, 6818. A letter from the Assistant Secretary, ment of Health and Human Services, trans- 2005, pursuant to 5 U.S.C. app. (Insp. Gen. Transportation Security Administration, De- mitting the Department’s report on the Act) section 5(b); to the Committee on Gov- partment of Homeland Security, transmit- Community Services Block Grant Discre- ernment Reform. tionary Activities: Community Economic 6807. A letter from the Assistant Attorney ting the Administration’s certification that Development Program (CEDP) Projects General, Office of Legislative Affairs, De- the level of screening services and protection Funded During Fiscal Year 2001; to the Com- partment of Justice, transmitting the De- provided at Sioux Falls Regional Airport will mittee on Energy and Commerce. partment’s annual report for fiscal years 2000 be equal to or greater than the level that 6797. A letter from the Secretary, Depart- through 2004, in accordance with Section 203 would be provided at the aiport by TSA ment of Veterans Affairs, transmitting a of the Notification and Federal Employee Transportation Security Officers, pursuant copy of the Department’s vehicle fleet report Antidiscrimination and Retaliation Act of to 49 U.S.C. 44920(d); to the Committee on on alternative fueled vehicles for Fiscal Year 2002 (No FEAR Act), Public Law 107–174; to Homeland Security. 2005, pursuant to Public Law 106–419; to the the Committee on Government Reform. f Committee on Energy and Commerce. 6808. A letter from the Assistant Secretary 6798. A letter from the Administrator, En- for Legislative Affairs, Department of State, PUBLIC BILLS AND RESOLUTIONS vironmental Protection Agency, transmit- transmitting in accordance with Section 647 Under clause 2 of rule XII, public ting the Superfund Five-Year Review Report of Division F of the Consolidated Appropria- bills and resolutions were introduced to Congress-FY 2004, in accordance with the tions Act, FY 2004, Pub. L. 108–199, the De- requirements in Section 121(c) of the Com- partment’s report on competitive sourcing and severally referred, as follows: prehensive Environmental Response, Com- efforts for FY 2005; to the Committee on By Mr. NORWOOD: pensation, and Liability Act, as amended by Government Reform. H.R. 5050. A bill to amend title 10, United the Superfund Amendments and Reauthor- 6809. A letter from the Acting Assistant States Code, to authorize coverage for anes- ization Act of 1986; to the Committee on En- Secretary for Administration, Department of thesia and other costs related to dental care ergy and Commerce. Transportation, transmitting a copy of the for children and certain other patients; to 6799. A letter from the Assistant Secretary inventories of commercial and inherently the Committee on Armed Services. for Legislative Affairs, Department of State, governmental positions in the Department of By Mr. GILCHREST (for himself, Mr. transmitting the text of ILO Recommenda- Transportation, as required by the Federal BARTLETT of Maryland, Mr. FARR, tion No. 195 Concerning Human Resources Activities Inventory Reform Act of 1998; to Mr. EHLERS, Mr. SHAYS, Mr. LEACH, Development: Education, Training and Life- the Committee on Government Reform. and Mr. CASTLE): long Learning, adopted by the International 6810. A letter from the Deputy Director of H.R. 5051. A bill to authorize appropria- Labor Conference at its 92nd Session, at Ge- Communications and Legislative Affairs, tions to the Secretary of Commerce for the neva, June 17, 2004, pursuant to Art. 19 of the Equal Employment Opportunity Commis- Magnuson-Stevens Fishery Conservation and Constitution of the International Labor Or- sion, transmitting the Commission’s annual Management Act for fiscal years 2007

VerDate Aug 31 2005 01:58 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K30MR7.123 H30MRPT1 ccoleman on PROD1PC71 with HOUSE March 30, 2006 CONGRESSIONAL RECORD — HOUSE H1389 through 2012, and for other purposes; to the to Federal financial assistance to be avail- H.R. 5068. A bill to reauthorize the oper- Committee on Resources. able for public access in a searchable and ations of the Export-Import Bank, and to re- By Mrs. MALONEY (for herself, Mr. user friendly form; to the Committee on form certain operations of the Bank, and for HINCHEY, Mr. MCGOVERN, Mr. SAND- Government Reform. other purposes; to the Committee on Finan- ERS, Mr. ACKERMAN, Ms. By Mr. BOUCHER (for himself and Mr. cial Services. SCHAKOWSKY, Mr. KUCINICH, Mr. WAX- GOODE): By Mr. RANGEL: MAN, Mr. WEXLER, Mrs. CAPPS, Mr. H.R. 5061. A bill to direct the Secretary of H.R. 5069. A bill to require the Secretary of GRIJALVA, Mr. CROWLEY, and Ms. the Interior to convey Paint Bank National Homeland Security to hire additional full- WOOLSEY): Fish Hatchery and Wytheville National Fish time non-supervisory import specialists of H.R. 5052. A bill to direct the Federal Hatchery to the State of Virginia; to the the Bureau of Customs and Border Protec- Trade Commission to prescribe rules prohib- Committee on Resources. tion, and for other purposes; to the Com- iting fraudulent advertising of abortion serv- By Mr. BRADLEY of New Hampshire mittee on Ways and Means, and in addition ices; to the Committee on Energy and Com- (for himself and Mr. BASS): to the Committee on Homeland Security, for merce. H.R. 5062. A bill to designate as wilderness a period to be subsequently determined by By Ms. HART: certain National Forest System land in the the Speaker, in each case for consideration H.R. 5053. A bill to amend the National State of New Hampshire; to the Committee of such provisions as fall within the jurisdic- Trails System Act to extend the Lewis and on Resources, and in addition to the Com- tion of the committee concerned. Clark National Historic Trail to include ad- mittee on Agriculture, for a period to be sub- By Mr. RANGEL (for himself, Mr. ditional sites associated with the prepara- sequently determined by the Speaker, in MCDERMOTT, and Mr. JEFFERSON): tion or return phase of the expedition, and each case for consideration of such provi- H.R. 5070. A bill to extend certain trade preference programs, and for other purposes; for other purposes; to the Committee on Re- sions as fall within the jurisdiction of the to the Committee on Ways and Means, and in sources. committee concerned. addition to the Committees on International By Mr. LATOURETTE (for himself and By Mr. EDWARDS: Relations, and Financial Services, for a pe- Mr. KUCINICH): H.R. 5063. A bill to amend the Internal Rev- riod to be subsequently determined by the H.R. 5054. A bill to fund capital projects of enue Code of 1986 to prohibit tax return pre- Speaker, in each case for consideration of State and local governments, and for other parers from requesting taxpayer consent to such provisions as fall within the jurisdic- purposes; to the Committee on Transpor- disclose or use return information; to the tion of the committee concerned. tation and Infrastructure, and in addition to Committee on Ways and Means. By Mr. SALAZAR: By Mrs. EMERSON: the Committees on Financial Services, and H.R. 5071. A bill to establish a pilot project H.R. 5064. A bill to amend title XVIII of the the Budget, for a period to be subsequently for the remediation of abandoned and inac- Social Security Act to eliminate the MA Re- determined by the Speaker, in each case for tive hardrock mines in the Upper Animas gional Plan Stabilization Fund and to extend consideration of such provisions as fall with- River basin in southwestern Colorado; to the health status adjustment; to the Committee in the jurisdiction of the committee con- Committee on Transportation and Infra- cerned. on Ways and Means, and in addition to the structure. By Mr. GOODLATTE (for himself, Mr. Committee on Energy and Commerce, for a By Mr. TERRY (for himself and Mr. period to be subsequently determined by the DELAHUNT, Mr. COBLE, and Mr. BOUCHER): WEXLER): Speaker, in each case for consideration of H.R. 5072. A bill to reform the universal H.R. 5055. A bill to amend title 17, United such provisions as fall within the jurisdic- service provisions of the Communications States Code, to provide protection for fash- tion of the committee concerned. Act of 1934, and for other purposes; to the ion design; to the Committee on the Judici- By Ms. KAPTUR (for herself, Ms. JACK- Committee on Energy and Commerce. ary. SON-LEE of Texas, Mrs. MALONEY, Ms. By Mr. KENNEDY of Minnesota (for By Mr. FITZPATRICK of Pennsylvania DELAURO, Ms. SOLIS, Mrs. JONES of himself, Mr. KLINE, Ms. MCCOLLUM of (for himself, Mr. GERLACH, Mr. SIM- Ohio, Ms. WASSERMAN SCHULTZ, Ms. Minnesota, Mr. RAMSTAD, Mr. GUT- MONS, and Mr. BLUMENAUER): MILLENDER-MCDONALD, Ms. PELOSI, KNECHT, Mr. SABO, and Mr. OBER- H.R. 5056. A bill to amend the Internal Rev- Ms. LEE, Ms. CORRINE BROWN of Flor- STAR): enue Code of 1986 to encourage charitable ida, Ms. WATERS, Ms. NORTON, Ms. H. Con. Res. 371. Concurrent resolution contributions of real property for conserva- MOORE of Wisconsin, Ms. BERKLEY, honoring and congratulating the Minnesota tion purposes; to the Committee on Ways Mr. CASE, Mr. REHBERG, and Mr. National Guard, on its 150th anniversary, for and Means. OWENS): its spirit of dedication and service to the By Mr. WILSON of South Carolina (for H.R. 5065. A bill to provide for the issuance State of Minnesota and the Nation and rec- himself, Mr. CLYBURN, Mr. BROWN of of a semipostal in order to afford a conven- ognizing that the role of the National Guard, South Carolina, Mr. INGLIS of South ient means by which members of the public the Nation’s citizen-soldier based militia, Carolina, Mr. SPRATT, and Mr. BAR- may contribute towards the acquisition of which was formed before the United States RETT of South Carolina): works of art to honor female pioneers in Army, has been and still is extremely impor- H.R. 5057. A bill to authorize the Marion Government service; to the Committee on tant to the security and freedom of the Na- Park Project and Committee of the Pal- Government Reform, and in addition to the tion; to the Committee on Armed Services. metto Conservation Foundation to establish Committee on House Administration, for a By Mr. YOUNG of Alaska (for himself, a commemorative work on Federal land in period to be subsequently determined by the Mr. OBERSTAR, Mr. PETRI, Mr. the District of Columbia, and its environs to Speaker, in each case for consideration of DEFAZIO, Mr. BOEHLERT, Mr. RAHALL, honor Brigadier General Francis Marion; to such provisions as fall within the jurisdic- Mr. COBLE, Mr. COSTELLO, Mr. DUN- the Committee on Resources. tion of the committee concerned. CAN, Ms. NORTON, Mr. GILCHREST, Mr. By Mr. ALLEN: By Mr. NADLER (for himself, Mr. MAR- NADLER, Mr. MICA, Ms. CORRINE H.R. 5058. A bill to provide support for KEY, and Mr. GRIJALVA): BROWN of Florida, Mr. HOEKSTRA, Mr. small business concerns, and for other pur- H.R. 5066. A bill to provide for a ‘‘gold FILNER, Mr. EHLERS, Ms. EDDIE BER- poses; to the Committee on Ways and Means, standard’’ for the security of nuclear mate- NICE JOHNSON of Texas, Mr. BACHUS, and in addition to the Committees on Small rials worldwide, and for other purposes; to Mr. TAYLOR of Mississippi, Mr. Business, the Judiciary, and Science, for a the Committee on International Relations, LATOURETTE, Ms. MILLENDER-MCDON- period to be subsequently determined by the and in addition to the Committee on Armed ALD, Mrs. KELLY, Mr. CUMMINGS, Mr. Speaker, in each case for consideration of Services, for a period to be subsequently de- BAKER, Mr. BLUMENAUER, Mr. NEY, such provisions as fall within the jurisdic- termined by the Speaker, in each case for Mrs. TAUSCHER, Mr. LOBIONDO, Mr. tion of the committee concerned. consideration of such provisions as fall with- PASCRELL, Mr. MORAN of Kansas, Mr. By Mr. BASS (for himself and Mr. in the jurisdiction of the committee con- BOSWELL, Mr. GARY G. MILLER of BRADLEY of New Hampshire): cerned. California, Mr. HOLDEN, Mr. HAYES, H.R. 5059. A bill to designate the Wild By Mr. PEARCE: Mr. BAIRD, Mr. SIMMONS, Ms. BERK- River Wilderness in the White Mountain Na- H.R. 5067. A bill to establish operational LEY, Mr. BROWN of South Carolina, tional Forest in the State of New Hampshire, control over the international land and mar- Mr. MATHESON, Mr. JOHNSON of Illi- and for other purposes; to the Committee on itime borders of the United States, and for nois, Mr. HONDA, Mr. PLATTS, Mr. Resources, and in addition to the Committee other purposes; to the Committee on Home- LARSEN of Washington, Mr. GRAVES, on Agriculture, for a period to be subse- land Security, and in addition to the Com- Mr. CAPUANO, Mr. KENNEDY of Min- quently determined by the Speaker, in each mittees on the Judiciary, and Armed Serv- nesota, Mr. WEINER, Mr. SHUSTER, case for consideration of such provisions as ices, for a period to be subsequently deter- Ms. CARSON, Mr. BOOZMAN, Mr. fall within the jurisdiction of the committee mined by the Speaker, in each case for con- BISHOP of New York, Mr. GERLACH, concerned. sideration of such provisions as fall within Mr. DAVIS of Tennessee, Mr. MARIO By Mr. BLUNT (for himself and Mr. the jurisdiction of the committee concerned. DIAZ-BALART of Florida, Mr. CHAN- TOM DAVIS of Virginia): By Ms. PRYCE of Ohio (for herself, Mr. DLER, Mr. PORTER, Mr. HIGGINS, Mr. H.R. 5060. A bill to amend the Federal Fi- OXLEY, Mr. FRANK of Massachusetts, OSBORNE, Mr. CARNAHAN, Mr. nancial Assistance Management Improve- Mrs. MALONEY, Mr. MANZULLO, Mrs. MARCHANT, Ms. SCHWARTZ of Penn- ment Act of 1999 to require data with respect BIGGERT, and Ms. VELA´ ZQUEZ): sylvania, Mr. SODREL, Mr. SALAZAR,

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Mr. DENT, Mr. BARROW, Mr. POE, Mr. Mr. FARR, Mr. FILNER, Ms. HARMAN, H.R. 1545: Mr. PICKERING. REICHERT, Mr. MACK, Mr. KUHL of Mr. HONDA, Mr. LANTOS, Ms. LEE, Ms. H.R. 1578: Mr. MCCAUL of Texas. New York, Mr. FORTUN˜ O, Mr. WEST- MATSUI, Ms. MILLENDER-MCDONALD, H.R. 1603: Mr. ROSS. MORELAND, Mr. BOUSTANY, and Mrs. Mr. GEORGE MILLER of California, Ms. H.R. 1849: Mr. ROGERS of Alabama. SCHMIDT): ROYBAL-ALLARD, Ms. SOLIS, Mr. H.R. 1902: Mr. PRICE of North Carolina. H. Con. Res. 372. Concurrent resolution rec- STARK, Mr. THOMPSON of California, H.R. 1951: Mr. MCNULTY, Mr. HINCHEY, Mr. ognizing the 50th Anniversary of the Inter- Ms. WATERS, Ms. WATSON, Mr. DOO- MEEKS of New York, Mr. MCINTYRE, Mr. HIG- state Highway System; to the Committee on LITTLE, Mr. THOMAS, Mr. ROYCE, Mr. GINS, and Mr. GALLEGLY. H.R. 2014: Mr. LEWIS of Kentucky. Transportation and Infrastructure. DREIER, Ms. LORETTA SANCHEZ of H.R. 2238: Mr. BLUMENAUER. By Mr. HENSARLING (for himself, Mr. California, Mr. BERMAN, Mr. SCHIFF, H.R. 2363: Mr. PLATTS. AKIN, Mr. BARRETT of South Caro- Mrs. TAUSCHER, Mr. CAMPBELL of H.R. 2456: Mr. LANTOS, Mr. PAYNE, Ms. lina, Mr. BARTLETT of Maryland, Mrs. California, Mrs. NAPOLITANO, Mr. JACKSON-LEE of Texas, and Ms. LEE. BLACKBURN, Mr. BURTON of Indiana, CARDOZA, Mr. SHERMAN, Mr. GARY G. H.R. 2588: Mr. CANTOR. Mr. CAMPBELL of California, Mr. CAN- MILLER of California, Mr. ROHR- H.R. 2841: Mr. SHIMKUS and Mrs. BONO. TOR, Mr. CHOCOLA, Mr. COLE of Okla- ABACHER, Mr. GALLEGLY, Mr. RADAN- H.R. 2943: Ms. SCHWARTZ of Pennsylvania. homa, Mr. INGLIS of South Carolina, OVICH, Mr. CALVERT, Mrs. DAVIS of H.R. 3049: Mr. EMANUEL. Mr. FEENEY, Mr. FLAKE, Ms. FOXX, California, and Mr. WAXMAN): H.R. 3142: Mrs. LOWEY. Mr. FRANKS of Arizona, Mr. GARRETT H. Res. 750. A resolution honoring the life H.R. 3145: Mr. WELDON of Pennsylvania, of New Jersey, Mr. GINGREY, Mr. and achievements of Alfred Ernest Alquist Mr. DOYLE, and Mr. RUSH. GOHMERT, Mr. GUTKNECHT, Mr. and expressing sorrow on his death; to the H.R. 3164: Mr. REHBERG. ISTOOK, Mr. SAM JOHNSON of Texas, Committee on Government Reform. H.R. 3476: Mr. DOOLITTLE and Mr. GARRETT Mr. KING of Iowa, Mr. MARCHANT, Mr. By Mrs. MALONEY (for herself, Mr. of New Jersey. MCHENRY, Mrs. MUSGRAVE, Mrs. REYNOLDS, Mr. SHAYS, and Ms. H.R. 3559: Mr. BACA, Mr. GENE GREEN of MYRICK, Mr. PEARCE, Mr. PENCE, Mr. SLAUGHTER): Texas, and Mr. MCCAUL of Texas. PITTS, Mr. POE, Mr. PRICE of Georgia, H. Res. 751. A resolution recognizing the H.R. 3658: Mr. GUTIERREZ and Mr. HONDA. Mr. RYAN of Wisconsin, Mr. RYUN of cultural and educational contributions of H.R. 3692: Mr. ANDREWS. Kansas, Mr. SESSIONS, Mr. SHADEGG, American Ballet Theatre throughout its 65 H.R. 3795: Mrs. MALONEY and Mr. BISHOP of Mr. TIAHRT, Mr. WESTMORELAND, and years of service as ‘‘America’s National Bal- Georgia. Mr. WILSON of South Carolina): let Company’’; to the Committee on Edu- H.R. 3858: Mr. BARTLETT of Maryland, Ms. H. Con. Res. 373. Concurrent resolution es- cation and the Workforce. WASSERMAN SCHULTZ, and Mr. ROSS. H.R. 3861: Mr. PASCRELL and Mr. CARDIN. tablishing the congressional budget for the By Mr. WAXMAN (for himself, Mr. H.R. 3883: Ms. HERSETH and Mr. MCKEON. United States Government for fiscal year LANTOS, Mr. OWENS, Mrs. MALONEY, H.R. 3933: Mrs. JOHNSON of Connecticut. 2007 and setting forth appropriate budgetary Mr. CUMMINGS, Mr. KUCINICH, Ms. levels for fiscal years 2008 through 2011; to H.R. 3962: Mrs. JO ANN DAVIS of Virginia. NORTON, Mr. SANDERS, Mr. VAN H.R. 4005: Mr. KING of New York and Mr. the Committee on the Budget. HOLLEN, Ms. WATSON, and Mr. CLAY): MILLER of North Carolina. By Mr. WAMP: H. Res. 752. A resolution requesting the H.R. 4025: Mr. MILLER of North Carolina. H. Con. Res. 374. Concurrent resolution ex- President to transmit to the House of Rep- H.R. 4098: Mr. MCCAUL of Texas. pressing the sense of the Congress that a Na- resentatives not later than 14 days after the H.R. 4127: Mr. SHADEGG. tional Dysphagia Awareness Month should date of adoption of this resolution docu- H.R. 4211: Ms. MILLENDER-MCDONALD. be established; to the Committee on Govern- ments in the possession of the President re- H.R. 4217: Mr. GARY G. MILLER of Cali- ment Reform. lating to the receipt and consideration by fornia. By Mr. WELDON of Pennsylvania: the Executive Office of the President of any H.R. 4226: Mr. CASE. H. Con. Res. 375. Concurrent resolution ex- information concerning the variation be- H.R. 4387: Mr. GRIJALVA and Mr. CONYERS. pressing the sense of Congress to support the tween the version of S. 1932, the Deficit Re- H.R. 4408: Mrs. BLACKBURN and Mr. decision of the United States Court of Fed- duction Act of 2005, that the House of Rep- MCCOTTER. eral Claims to award public safety officer resentatives passed on February 1, 2006, and H.R. 4413: Mr. GRIJALVA. death benefits to the family of Christopher the version of the bill that the President H.R. 4414: Mr. GRIJALVA. Nicholas Kangas, a 14-year old volunteer ap- signed on February 8, 2006; to the Committee H.R. 4415: Mr. GRIJALVA. H.R. 4423: Ms. LORETTA SANCHEZ of Cali- prentice firefighter who died as a result of on Government Reform. serious injuries sustained en route to assist fornia and Ms. ZOE LOFGREN of California. in fighting a fire; to the Committee on the f H.R. 4447: Mr. PRICE of North Carolina. Judiciary. H.R. 4452: Mrs. CAPPS and Ms. CARSON. By Ms. PELOSI: ADDITIONAL SPONSORS H.R. 4511: Mr. WELLER. H. Res. 746. A resolution raising a question Under clause 7 of rule XII, sponsors H.R. 4542: Mr. SPRATT and Mr. WOLF. H.R. 4546: Mr. SCHWARZ of Michigan. of the privileges of the House. were added to public bills and resolu- By Mr. BUYER: H.R. 4547: Mr. POE. H. Res. 747. A resolution amending the tions as follows: H.R. 4562: Mr. FRANK of Massachusetts. Rules of the House of Representatives to re- H.R. 354: Mr. EVANS and Mr. KENNEDY of H.R. 4574: Mr. LARSEN of Washington and quire that all members of the Permanent Se- Minnesota. Mr. VAN HOLLEN. lect Committee on Intelligence and all mem- H.R. 356: Mr. DELAY. H.R. 4666: Mr. BISHOP of New York. bers of the Subcommittee on Defense of the H.R. 376: Mr. RENZI and Mr. SPRATT. H.R. 4672: Mr. CARDOZA. Committee on Appropriations have security H.R. 594: Ms. KAPTUR. H.R. 4673: Mr. EVANS. H.R. 4681: Mr. WAMP, Mr. CAMP of Michi- clearances; to the Committee on Rules. H.R. 663: Mr. HASTINGS of Florida, Mr. gan, Mr. COOPER, Mr. COBLE, Mr. EVANS, Mr. By Mrs. JO ANN DAVIS of Virginia SABO, Mr. BOYD, Ms. LEE, Ms. CORRINE MILLER of North Carolina, Mr. BEAUPREZ, (for herself, Mr. CANTOR, Mr. SCOTT of BROWN of Florida, and Mr. TOWNS. Mr. MELANCON, Mr. INGLIS of South Carolina, Virginia, Mr. WOLF, Mr. GOODE, Mr. H.R. 697: Mr. OSBORNE. Mr. COSTA, and Mrs. MUSGRAVE. BOUCHER, Mrs. DRAKE, Mr. GOOD- H.R. 699: Mr. CAMP of Michigan. H.R. 4704: Ms. HERSETH. LATTE, Mr. MORAN of Virginia, Mr. H.R. 713: Mr. LATHAM. H.R. 4727: Mr. MILLER of North Carolina TOM DAVIS of Virginia, and Mr. H.R. 752: Ms. MOORE of Wisconsin, Mr. and Ms. CORRINE BROWN of Florida. FORBES): CHANDLER, and Mr. DICKS. H.R. 4749: Mrs. CAPPS, Mr. FORD, Mr. H. Res. 748. A resolution recognizing the H.R. 808: Mr. DAVIS of Alabama, Mr. WEXLER, and Mr. HIGGINS. 225th anniversary of the American and BONNER, and Mr. CONYERS. H.R. 4755: Mr. RYAN of Ohio and Mr. VIS- French victory at Yorktown, Virginia, dur- H.R. 817: Mr. ISRAEL and Mr. BUTTERFIELD. CLOSKY. H.R. 884: Ms. ESHOO and Mrs. NAPOLITANO. ing the Revolutionary War; to the Com- H.R. 4761: Mrs. CUBIN and Mr. PORTER. H.R. 903: Ms. BEAN. mittee on Government Reform. H.R. 4788: Mr. ORTIZ. By Ms. KAPTUR (for herself, Ms. WAT- H.R. 966: Mr. PAYNE. H.R. 4790: Mr. CONAWAY. SON, Mr. DINGELL, Mr. BURTON of In- H.R. 1124: Mr. DAVIS of Tennessee and Mr. H.R. 4799: Mr. RAMSTAD. diana, Mr. HOLT, and Ms. BALDWIN): OBERSTAR. H.R. 4816: Mrs. KELLY and Mr. WELDON of H. Res. 749. A resolution recognizing the H.R. 1175: Mr. HAYWORTH. Pennsylvania. accomplishments of Ignacy Jan Paderewski H.R. 1227: Mr. PORTER and Mr. HONDA. H.R. 4820: Mr. DELAHUNT and Mr. CAPUANO. as a musician, composer, statesman, and phi- H.R. 1246: Mr. MEEHAN, Mr. CASTLE, Mr. H.R. 4830: Mr. GORDON. lanthropist on the occasion of the 65th anni- REICHERT, Mr. ROSS, Mr. OBERSTAR, Mrs. H.R. 4854: Mr. TERRY. versary of his death; to the Committee on TAUSCHER, Mr. CALVERT, and Mr. KLINE. H.R. 4897: Mr. BROWN of Ohio, Mr. International Relations. H.R. 1264: Mr. SHAYS, Mr. KUCINICH, Mr. GRIJALVA, Mr. EDWARDS, Mr. EVANS, Mr. By Ms. ZOE LOFGREN of California FATTAH, and Mr. ANDREWS. ENGLISH of Pennsylvania, and Mr. LEACH. (for herself, Ms. PELOSI, Mr. LEWIS of H.R. 1288: Ms. PRYCE of Ohio. H.R. 4898: Mr. BECERRA, Ms. CORRINE California, Mr. BACA, Mr. BECERRA, H.R. 1338: Mr. CARNAHAN. BROWN of Florida, Mr. FARR, Mr. FILNER, Mr. Mrs. CAPPS, Mr. COSTA, Ms. ESHOO, H.R. 1425: Ms. MATSUI. GUTIERREZ, Mr. JACKSON of Illinois, Mrs.

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JONES of Ohio, Mr. LEWIS of Georgia, Mr. H. Con. Res. 365: Ms. BORDALLO, Mr. H. Res. 637: Mr. DAVIS of Illinois. OLVER, Mr. RUSH, Ms. SOLIS, Mr. THOMPSON MCNULTY, and Mr. PAYNE. H. Res. 692: Mr. ABERCROMBIE, Mr. ACKER- of Mississippi, Ms. VELA´ ZQUEZ, Ms. WATSON, H. Con. Res. 366: Mr. BISHOP of Utah, Mr. MAN, Mr. BACA, Mr. BERMAN, Mr. and Ms. KAPTUR. WU, Mr. GOODE, Mr. HASTINGS of Florida, Ms. BLUMENAUER, Ms. BORDALLO, Ms. CORRINE H.R. 4899: Mr. JONES of North Carolina, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. ED- BROWN of Florida, Mr. BROWN of Ohio, Mr. LANTOS, and Mr. MARKEY. WARDS, Mr. DAVIS of Tennessee, Ms. BURTON of Indiana, Mr. CARDOZA, Mr. CAS- H.R. 4902: Mr. BERRY, Mr. BOSWELL, Mr. BORDALLO, Mr. BONNER, Mr. GARY G. MILLER TLE, Mr. DELAHUNT, Mr. ENGEL, Mr. HASTINGS of Florida, Mr. MEEK of Florida, of California, Mr. WELDON of Pennsylvania, GALLEGLY, Mr. GUTIERREZ, Mr. HONDA, Mr. Mr. BACHUS, Mrs. KELLY, Mr. PLATTS, Mr. Mr. WALSH, and Mr. MELANCON. KENNEDY of Rhode Island, Mr. KIND, Mr. WALSH, Mr. CHANDLER, Mr. EDWARDS, Mr. H. Res. 20: Mr. MCCOTTER. KUCINICH, Mr. LANTOS, Ms. LEE, Ms. JACK- GORDON, Mr. HOLDEN, Mr. KANJORSKI, Mr. H. Res. 82: Mr. CONYERS. SON-LEE of Texas, Mr. LEACH, Mr. LEWIS of RYAN of Ohio, Mr. BARTON of Texas, Mr. H. Res. 149: Ms. BORDALLO. Georgia, Mr. GEORGE MILLER of California, GILLMOR, Ms. HARRIS, Mr. JINDAL, Mr. JOHN- H. Res. 327: Mr. VAN HOLLEN, Mr. BOUCHER, Mrs. NAPOLITANO, Mr. PAYNE, Ms. ROS- SON of Illinois, Mr. LEACH, Mr. LUCAS, Mrs. and Mr. FATTAH. LEHTINEN, Mr. SCHIFF, Mr. SPRATT, Mr. MILLER of Michigan, Mr. RAMSTAD, and Mr. H. Res. 521: Ms. HOOLEY. UDALL of New Mexico, Ms. WATERS, Ms. WAT- TIAHRT. H. Res. 600: Mr. SCHIFF, Mrs. TAUSCHER, SON, Mr. WATT, and Mr. WEXLER. H.R. 4903: Ms. EDDIE BERNICE JOHNSON of Mr. DELAHUNT, Mr. BISHOP of New York, Mr. H. Res. 706: Mrs. MUSGRAVE, Mr. SNYDER, Texas. BAIRD, Mr. FILNER, Mr. SHERMAN, Mr. MAR- Mr. ORTIZ, Mr. WICKER, and Mr. STRICKLAND. H.R. 4913: Mr. CONAWAY. SHALL, Mr. CAPUANO, and Mr. PASCRELL. H. Res. 717: Mr. EVANS. H.R. 4918: Mr. PAUL and Mr. SESSIONS. H. Res. 626: Mr. BUTTERFIELD, Mr. WYNN, H. Res. 722: Mr. PICKERING. H.R. 4920: Mr. LEACH. Mr. TOWNS, Mr. MEEKS of New York, Mr. H. Res. 723: Mr. BRADY of Pennsylvania, H.R. 4949: Ms. PELOSI, Mr. OTTER, Mr. CUMMINGS, Mr. CONYERS, Mr. DELAHUNT, Mr. Mr. ISRAEL, Mr. BLUMENAUER, Ms. MCCOLLUM DOGGETT, Ms. SCHWARTZ of Pennsylvania, KELLER, Mr. POMEROY, Mr. LYNCH, Mr. SCOTT of Minnesota, Mr. HOLT, and Ms. WASSERMAN Mr. MCINTYRE, and Mr. SHERWOOD. of Georgia, Mrs. MALONEY, Ms. JACKSON-LEE SCHULTZ. H.R. 4956: Ms. HARRIS. of Texas, Ms. WATSON, Ms. EDDIE BERNICE H. Res. 737: Mrs. JONES of Ohio, Mr. CLEAV- H.R. 4966: Mr. UDALL of Colorado. JOHNSON of Texas, Mrs. JONES of Ohio, Mr. ER, and Mr. KENNEDY of Minnesota. H.R. 4975: Mr. SMITH of Texas, Mr. MCCAUL MEEK of Florida, Mr. AL GREEN of Texas, Ms. of Texas, and Mrs. SCHMIDT. MOORE of Wisconsin, Mr. LIPINSKI, Mr. WATT, f H.R. 4980: Mrs. JO ANN DAVIS of Virginia Mr. PAYNE, Mr. HONDA, Mr. DAVIS of Ten- and Mr. KUHL of New York. nessee, Mr. CHANDLER, Mr. ETHERIDGE, Mr. DELETIONS OF SPONSORS FROM H.R. 4985: Mr. POE and Mr. HAYWORTH. ROSS, Mr. WAXMAN, Mr. COOPER, Mr. BACA, PUBLIC BILLS AND RESOLUTIONS Mr. SALAZAR, Mr. INSLEE, Mr. MOORE of Kan- H.R. 4998: Ms. BORDALLO. Under clause 7 of rule XII, sponsors H.R. 5014: Mr. HASTINGS of Florida. sas, Ms. BERKLEY, Mr. ISRAEL, Ms. LINDA T. H.R. 5032: Mr. DAVIS of Kentucky. SA´ NCHEZ of California, Mr. WU, Mr. BISHOP of were deleted from public bills and reso- H.R. 5037: Ms. HART, Mr. RANGEL, Mr. BUR- New York, Mr. LARSON of Connecticut, and lutions as follows: TON of Indiana, Mr. SMITH of New Jersey, Ms. Ms. WASSERMAN SCHULTZ. H.R. 4755: Mr. BARRETT of South Carolina. HERSETH, Mr. ROHRABACHER, Mr. POMBO, Mr. H. Res. 627: Mr. SCOTT of Georgia, Mr. EHLERS, and Mr. ALEXANDER. BUTTERFIELD, Mr. WYNN, Mr. MEEKS of New f H.J. Res. 71: Mr. BURTON of Indiana and Mr. York, Mr. TOWNS, Mr. CUMMINGS, Mr. CON- BASS. YERS, Mr. DELAHUNT, Mr. KELLER, Mr. POM- DISCHARGE PETITIONS— H.J. Res. 73: Mr. BISHOP of New York. EROY, Mr. LYNCH, Mrs. MALONEY, Ms. JACK- ADDITIONS OR DELETIONS H.J. Res. 78: Mr. FORTUN˜ O. SON-LEE of Texas, Ms. WATSON, Ms. EDDIE The following Members added their BERNICE JOHNSON of Texas, Ms. MOORE of H. Con. Res. 197: Mrs. LOWEY. names to the following discharge peti- H. Con. Res. 277: Mr. TURNER, Mr. MAR- Wisconsin, Mrs. JONES of Ohio, Mr. MEEK of SHALL, and Mr. GRIJALVA. Florida, Mr. AL GREEN of Texas, Mr. LIPIN- tions: H. Con. Res. 278: Mr. DOGGETT. SKI, Mr. PAYNE, Mr. HONDA, Mr. DAVIS of Petition 4 by Ms. SLAUGHTER on House H. Con. Res. 323: Mr. GERLACH. Tennessee, Mr. CHANDLER, Mr. ETHERIDGE, Resolution 460: Nita M. Lowey. H. Con. Res. 339: Mr. CAMPBELL of Cali- Mr. ROSS, Mr. WAXMAN, Mr. COOPER, Mr. Petition 5 by Mr. WAXMAN on House Res- fornia. BACA, Mr. SALAZAR, Mr. INSLEE, Mr. MOORE olution 537: Nita M. Lowey. H. Con. Res. 346: Mr. FLAKE. of Kansas, Ms. BERKLEY, Mr. ISRAEL, Ms. Petition 6 by Mr. ABERCROMBIE on H. Con. Res. 348: Mr. ALLEN. LINDA T. SA´ NCHEZ of California, Mr. WU, Mr. House Resolution 543: Mike Thompson, Zoe H. Con. Res. 355: Mr. CONYERS, Mrs. JONES BISHOP of New York, Mr. LARSON of Con- Logren, Edward J. Markey, Nita M. Lowey, of Ohio, Ms. BERKLEY, Mr. FORD, Mr. WALSH, necticut, and Ms. WASSERMAN SCHULTZ. and James A. Leach. Ms. ZOE LOFGREN of California, Mr. HOLT, H. Res. 628: Mr. HONDA. Petition 8 by Mr. WAXMAN on House Res- Mr. SANDERS, Mr. HOYER, and Mr. RANGEL. H. Res. 635: Mr. DAVIS of Illinois and Mr. olution 570: Nita M. Lowey. H. Con. Res. 357: Mr. PRICE of North Caro- FILNER. Petition 11 by Mr. BARROW on House Res- lina. H. Res. 636: Mr. DAVIS of Illinois. olution 614: Nancy Pelosi and Adam Smith.

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Vol. 152 WASHINGTON, THURSDAY, MARCH 30, 2006 No. 38 Senate The Senate met at 9:30 a.m. and was cratic leader or his designee and the re- The PRESIDENT pro tempore. The called to order by the President pro maining 30 minutes under the control Chair has announced morning business. tempore (Mr. STEVENS). of the majority leader or his designee. Mr. REID. Mr. President, the first 20 f minutes would be yielded to the Sen- PRAYER ator from Colorado, Mr. SALAZAR. RECOGNITION OF THE MAJORITY The PRESIDENT pro tempore. With- The Chaplain, Dr. Barry C. Black, of- LEADER fered the following prayer: out objection, it is so ordered. Let us pray. The PRESIDENT pro tempore. The Mr. REID. I see the Senator from Lord, we wait for You and in Your majority leader is recognized. Louisiana. It is my understanding she Word do we place our hope. Help us f and Senator KERRY need 10 minutes. never to run ahead of You. Quiet our SCHEDULE How much time does the Senator from Louisiana need? doubts and calm our fears as You re- Mr. FRIST. Mr. President, today we Ms. LANDRIEU. Ten minutes. mind us that many things are better begin with a 60-minute period for Mr. REID. OK. So 20 minutes to Sen- left to You. morning business, with that time ator SALAZAR and 10 minutes to Sen- Challenge our lawmakers today to equally divided. Following morning ator LANDRIEU. put their trust and hope in You. En- business, we will return to the debate The PRESIDENT pro tempore. With- courage them with the fact that You on S. 2454, the border security bill. The out objection, it is so ordered. know their works and their motives. consent agreement from yesterday pro- The Senator from Colorado. Help them to know that You will guide vides that the time until 12 noon be them with Your providence if they will equally divided for debate only. f only seek Your will in all things. At noon, Chairman SPECTER will be IMMIGRATION REFORM Open all of our eyes to Your presence here to offer an amendment. There will Mr. SALAZAR. Mr. President, I rise among us in the kind deeds and gen- then be a period for general debate erous acts that we encounter along this morning to speak in support of the until 5 p.m. this afternoon. immigration reform bill which has life’s journey. Let Your grace trans- Today Senators should have the op- been produced out of our Judiciary form us and Your mercy keep us on the portunity to offer amendments, and I Committee. I wish to first congratulate path of faithfulness. hope we can debate and vote on some of Senator SPECTER and Senator LEAHY We pray in Your wonderful Name. those amendments. Today is only for their leadership in that effort in the Amen. Thursday, and we will be working Judiciary Committee. I also wish to f today and tomorrow on this bill, and I congratulate all of my colleagues, Re- think we can make good progress over PLEDGE OF ALLEGIANCE publicans and Democrats, who have the course of this week. I encourage come together in support of this his- The PRESIDENT pro tempore led the Members to get their amendments toric measure that is now before the Pledge of Allegiance, as follows: ready and contact the managers when Senate. I pledge allegiance to the Flag of the they are prepared to get into a lineup I believe this measure truly rep- United States of America, and to the Repub- to offer their amendments. lic for which it stands, one nation under God, We expect votes today on the border resents the kind of bipartisan spirit indivisible, with liberty and justice for all. security bill, and I will be working that leads to the best policy creation f with the Democratic leader and the for our country. I am also proud of the eight sponsors of the McCain-Kennedy RESERVATION OF LEADER TIME two bill managers to set up a vote as early as possible this afternoon. bill, including Senator MCCAIN and The PRESIDENT pro tempore. Under Senator GRAHAM, Senator BROWNBACK, f the previous order, the leadership time Senator MARTINEZ, Senator KENNEDY, is reserved. RECOGNITION OF THE MINORITY Senator LIEBERMAN, and Senator f LEADER OBAMA, who came together and have The PRESIDENT pro tempore. The led part of the effort to make sure we MORNING BUSINESS Democratic leader is recognized. address comprehensive immigration re- The PRESIDENT pro tempore. Under f form this year. the previous order, the Senate will pro- I believe these bipartisan success sto- ceed to a period of morning business ORDER OF PROCEDURE ries establish the kind of civility we for up to 1 hour, with the first 30 min- Mr. REID. Mr. President, has the need to have in the Senate to be able to utes under the control of the Demo- Chair announced morning business? address the major issues that affect our

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

S2547

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2548 CONGRESSIONAL RECORD — SENATE March 30, 2006 country. In reality, what the Judiciary achieving the American dream for Enforcement of our immigration laws Committee proposal does is it address- themselves and for their families. has certainly not kept pace with the es the real problem we currently are Without the important contributions flow of both legal and illegal immigra- facing in our country. We are facing a immigrants have made to our country, tion, and the laws that deal with those reality of broken borders and lawless- the United States would not exist as who cross the border are enforced only ness at our borders as well as the inte- we know it today. rarely so that in reality many believe rior with regard to immigration issues. In my home State of Colorado, the enforcement of the laws simply does What the Judiciary Committee bill first nonnatives to explore our lands not exist. does is it takes that reality of broken were the Spanish. They arrived nearly In this post 9/11 era, it is critical we borders and lawlessness and creates a 500 years ago and left their mark on get control of our borders—both the system that addresses our national se- the American Southwest and Colorado. northern border with Canada as well as curity by strengthening our borders. Their presence is reflected today in the the southern border with Mexico—so It also takes that system and reality names of my State and its cities, its we can protect our country from out- of broken borders and lawlessness and rivers, its mountains, and even in the side threats that would do harm to says we can do a better job in securing food we eat. Americans and punish those who ex- our interior by enforcing our immigra- More recently, immigrants came to ploit the hopes of foreign workers who tion laws. It also takes that system of Colorado to farm and ranch, to mine come here through human trafficking. broken borders and lawlessness and it our State’s abundant natural re- We must solve our Nation’s illegal creates a workable system of immigra- sources, to build the railroads and immigration problems as a matter of tion that addresses both the economic forge steel. They came, and continue to national security. and human realities of immigration in come, out of desperation, and also out our Nation. of hope—the hope of America. To that end, the first priority of im- Finally, it takes that system of bro- In a recent newspaper column, a migration reform must be to provide ken borders and lawlessness and tack- former councilman, Bill Burnett, of the for adequate and sensible border secu- les head on the horrible injustice that little Colorado town of Minturn—an rity and a renewed Federal commit- occurs with human trafficking that we old mining town—summed up the sen- ment to enforcing our Nation’s immi- see in our immigration problems of timents of many people in my State. gration laws. The Judiciary Committee today. He said: bill contains many provisions that will As the Senate works to perfect and Without immigrants, we never would’ve strengthen enforcement both at the strengthen this legislation, it is my built this place. border and within our country. It con- hope we will build upon the commit- The sentiment is echoed by many tains more than 30 provisions that will tee’s work. I believe if we continue in a across this great country of ours. ensure the security of our borders. bipartisan manner, our final work It can also be heard through the Among the numerous provisions it product will be a comprehensive immi- words of the great poem ‘‘The Mew Co- includes, it doubles the number of Bor- gration reform law that protects our lossus,’’ inscribed at the foot of the der Patrol agents. It adds 12,000 new borders and addresses the human and Statue of Liberty. That poem says: agents over the next 5 years. It doubles economic realities within our home- Give me your tired, your poor, interior enforcement. It does so by add- land. Your huddled masses yearning to breathe ing 1,000 investigators per year over I believe comprehensive immigration free, the next 5 years. It provides additional reform legislation must be tough, must The wretched refuse of your teeming shore. border fences at specific vulnerable be fair, and must be practical. It must Send these, the homeless, tempest-tost to sections across the border. It increases be tough, and it must be fair, and it me, resources to expand the ability of Fed- must be practical. I believe the Judici- I lift my lamp beside the golden door! eral agents to retrieve aliens detained ary Committee proposal is, in fact, Our country has always been a bea- by local police. And there are numer- tough, fair, and practical. con of hope. ous other enforcement provisions con- I know I am not alone in supporting My own family migrated to Colorado tained within the bill. in the 1850s, almost 20 years before Col- this type of approach. Just last week, Some in our country would have pre- orado became a State. We came from President Bush met with Americans ferred that we wall off our country northern New Mexico, from a city from the business, faith, agriculture, along our southern border. To the pro- named Santa Fe, which we had helped and civil rights communities across ponents of building that wall, I ask found over 250 years earlier. That was our country. In the group in that meet- them: What would Ronald Reagan have before Plymouth Rock and James ing there were two people from Colo- said about that wall? We should not re- Town. We pioneered the settlement of rado who attended: Cindy Clark from peat the example of the Berlin Wall, Colorado’s San Luis Valley, where we The Broadmoor in Colorado Springs one of the most shameful symbols of have farmed the same land for almost and Archbishop Charles Chaput, the antifreedom and oppression ever de- 150 years. archbishop of Denver. I commend both signed by man, designed solely to keep In truth, every one of us in Congress Ms. Clark and the archbishop for voic- people from hope and opportunity and and, indeed, virtually every person in ing the concerns of Coloradans with freedom. It was President Reagan who America has a story to tell of their im- the President that we need to have a told the Soviet leader: Mr. Gorbachev, migrant roots. That is because we are a comprehensive immigration reform tear down this wall. We must not build nation of immigrants, a historical fact package. I have also spoken with Presi- those walls around our country. dent Bush and members of his Cabinet that has made us the wonder, the hope, Some also want to make criminals on a number of different occasions in and the envy of the world for centuries. out of local parish priests who counsel the last year about the need for com- But there is no question today that their immigrant parishioners and soup- prehensive immigration reform. our immigration laws are not working. kitchen workers who provide a warm I share President Bush’s belief, as he We have broken borders in America meal to the hungry. That, too, is says—and I quote— today, and we must fix the problem for the sake of the national security of wrong, to criminalize these people who Ours is a nation of law and ours is a nation take on humanitarian endeavors. I am of immigrants, we believe that we can have America. rational, important immigration policy The level of illegal immigration on pleased that the Judiciary Committee that’s based upon law and reflects our deep our borders is unacceptable and has to bill does not call for the construction desire to be a compassionate and decent na- change. Our borders are undermanned of a massive wall along the border and tion. and overwhelmed. We must do far bet- does not criminalize the millions of Immigration is, indeed, a vital com- ter in getting control of our borders. Americans who come into contact with ponent of our Nation’s history. Our In the past decade alone, we have undocumented workers. country has always been seen as a land seen the number of undocumented im- These security and enforcement ef- of opportunity for immigrants who are migrants in our country rise from 4 forts alone cannot be our sole means to willing to work hard for a chance at million to some 12 million in 2006. confront this challenge. In the past,

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2549 Congress has focused almost exclu- a very substantial fine. That, in my and patience so that I can work with sively on only this component of bor- view, with the other provisions in the other workers. der security. We have tripled the num- bill, takes it completely out of the con- Bring forth song and celebration so ber of Border Patrol agents who some- text of any kind of amnesty program that the spirit will be alive among us. times spend eight times as many hours we have ever seen. Let the disparate flourish and grow so patrolling the border. Yet during the I agree with my colleague from Mas- that we will never tire of the struggle. same time, our borders have continued sachusetts that at the end of the day, Let us remember those who have died to be out of control. what we are dealing with is the reality for justice, for they have given us life. The reality is, regardless of how of creating a stronger border but then Help us love even those who hate us so much money we dedicate to border and addressing the reality within our Na- that we can change the world. interior enforcement, there are eco- tion in a way that is workable. For As we engage in this very important nomic forces that spur immigration. those who would simply want to ignore debate on comprehensive immigration Our country’s current workforce is the reality of the 11 to 12 million un- reform, I ask my colleagues to keep in continuing to age, and our newer work- documented workers who are in the mind that this is one of the most im- ers have become more educated and shadows of America today, we are sim- portant issues we confront together as less interested in taking the important ply not going to create a workable sys- a group of Americans in the 109th Con- jobs our economy keeps creating. The tem of immigration reform in our gress. Judiciary Committee bill addresses country. I yield the floor. this issue. That is why I join my colleague from The PRESIDENT pro tempore. The Mr. KENNEDY. Mr. President, if the Massachusetts in pushing as hard as I Senator from Louisiana is recognized. Senator will yield for a question, I can to get the Judiciary bill passed. Ms. LANDRIEU. I thank the Chair. know he has a limited period of time. Mr. KENNEDY. I thank the Senator. Mr. President, I associate myself Obviously, in describing his own back- He has explained the underlying bill with the remarks of the Senator from ground and that of his family—some accurately and correctly. The Senator Colorado and the senior Senator from 160 years in Colorado, 250 years in understands that any of those individ- Massachusetts regarding the important Santa Fe—he knows the issues. He uals attempting to adjust their status issue before the Senate, which is trying brings a special dimension to the de- over an 11-year period, if they get in to reconcile the rules and regulations bate. What I am hearing from the Sen- trouble with the law, they are subject regarding immigration. I commend ator is that what is really necessary is to deportation. They have to play by both of them for their outstanding a comprehensive approach, that the the rules, pay their taxes, work in the leadership on that issue. Senator is a strong believer that we community, and be good citizens, (The remarks of Ms. LANDRIEU and have to do something about our bor- learning English. Mr. KERRY pertaining to the introduc- ders to make sure they are going to be I am always impressed by the fact tion of S. 2482 are located in today’s the best in terms of technology so we that under the Pew poll, it says that 98 RECORD under ‘‘Statements on Intro- can have realistic laws, but that we percent of undocumented males are duced Bills and Joint Resolutions.’’) also have to understand how we are working today in the United States. The PRESIDING OFFICER (Ms. MUR- going to include those undocumenteds These are workers making our econ- KOWSKI). The Senator from Georgia is here in the United States in a way omy stronger and providing for their recognized. which is going to be consistent with families. If they in any way violate the Mr. CHAMBLISS. Madam President, our traditions and will also be respon- law, they are subject to all of the legal I did not hear the unanimous consent sible. interpretations and their opportunity request of Senator KERRY. Was it to Many have called that adjustment for citizenship is eliminated. This is a have 3 minutes on both sides? status amnesty. I reject that. I ask the tough provision, I believe. The PRESIDING OFFICER. No. It Senator if he doesn’t agree with me Mr. SALAZAR. I agree with my col- was to add 3 minutes to his side. that amnesty means forgiveness. It league from Massachusetts. Amnesty is Mr. CHAMBLISS. I ask unanimous means pardon. That is not what the un- simply a red herring from those who consent that we add an additional 3 derlying legislation is. The underlying don’t want to get real immigration re- minutes to the majority’s time also. legislation says you have to go to the form. When you talk about somebody The PRESIDING OFFICER. Without back of the line. You have to wait until having to wait in line for 11 years, hav- objection, it is so ordered. everyone who is in line gets the oppor- ing to go to the back of the line, hav- Mr. CHAMBLISS. Madam President. tunity to come here. You have to work ing to remain crime free for 11 years, I rise to express my extreme dis- hard, play by the rules, pay your taxes, having to have a job in America, hav- appointment with the actions taken by and pay a fine. Then you can earn your ing to have an absolutely clean record, the Senate Judiciary Committee ear- way to the possibility of citizenship, if and then, at the end of the day, having lier this week on immigration reform. I that is what you desire. If you don’t de- to pay a substantial monetary fine, know that this is a tough issue, an sire that, you don’t have to. Does the that is not amnesty. emotional issue, and that my col- Senator agree with me that is a reason- We will be on this bill for a number leagues on the Judiciary Committee able way we ought to think about that, of days. I expect to be speaking again worked very hard to pass something at least when we are trying to recog- about the importance of immigration out of committee. However, it seems to nize that some 11 million undocu- reform as part of our national security. me that the rush to pass some form of mented people are here, who work hard I wanted today, in this period of morn- immigration reform eclipsed prudent and play by the rules? Eighty thousand ing business and as we enter into the policy-making. of them are permanent residents who debate, to read from one of my favorite The immigration problem in our are serving in the Armed Forces in Iraq prayers from a person who understood country is out of control and must be and Afghanistan. Should they not be the importance of immigration, espe- solved. Our top priority in this immi- able to earn the possibility of citizen- cially in the context of agriculture. gration reform debate is to provide for ship? That is Cesar Chavez. He wrote this real and comprehensive border secu- Mr. SALAZAR. I agree with my col- prayer, and it is something I think all rity. We must also address in a respon- league and friend from Massachusetts. of us in the Chamber should keep in sible manner the presence of an enor- As a person who has worked with law mind as we move forward in the debate: mous illegal population currently in enforcement for a good part of my life Show me the suffering of the most our country. as attorney general of my State, I miserable so that I will know my peo- The issue before us is critical to the know what amnesty is. I believe those ple’s plight. Free me to pray for others, future of our country, in terms of na- who characterize this bill as amnesty for you are present in every person. tional security, economic prosperity, are absolutely wrong. In the proposal Help me take responsibility for my own and the fabric of our Nation. I hope we of the Judiciary Committee, we have life so that I can be free at last. Grant will proceed with a thoughtful and said that you go to the back of the me courage to serve others, for in serv- thorough debate in the Senate because line. What we have said is that you pay ice there is true life. Give me honesty the proposals we are going to be asked

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2550 CONGRESSIONAL RECORD — SENATE March 30, 2006 to consider are enormous in scope and I have a very simple question to ask they satisfy their agricultural employ- have far-reaching implications. We all Members of the Senate as we debate ment requirements each year. must ensure that not only the Senators this bill: Why is it necessary that we Once in possession of a blue card, an but also the American people have address the issue of U.S. citizenship alien who is currently here illegally, ample opportunity to fully comprehend when we are talking about immigra- would only have to work in agriculture the consequences of any action we tion reform? There are reasons we need for 100 workdays, or 575 hours per year, take. to deal with the people who are here il- over a 5-year period to qualify for legal It is absolutely vital that the Senate legally. There are reasons we need to permanent resident status. act to put the resources and mecha- deal with folks who want to come to Alternatively, those blue card work- nisms in place to allow the Department this country for the right reasons. But ers could work 150 workdays, or 863 of Homeland Security to gain oper- why is it necessary in this legislation hours per year, over a 3-year period to ational control of our borders and to that we even consider the issue of U.S. earn legal permanent resident status. have stronger and more meaningful en- citizenship? A workday is still defined as ‘‘any forcement of our immigration laws in I am particularly concerned about day in which the individual is em- the interior of the United States. the agricultural guest worker program ployed 1 or more hours in agriculture.’’ Rarely a day goes by when our bor- adopted by the Judiciary Committee So the requirement to obtain legal per- ders are not breached in a new way. By because I believe it is contrary to the manent resident status is either 100 now, we’ve all heard the story of the best interests of American agriculture. hours per year over a 5-year period or teams of investigators from the Gov- Not only that, but it will punish those 150 hours per year over a 3-year period. ernment Accountability Office who, in farmers who have been abiding by the While the number of blue cards al- December 2005, were able to carry law in this country and utilizing the H– lowed to be issued is capped at 1.5 mil- enough radioactive material to make 2A program, which has been a long- lion, once a blue card holder becomes a two dirty bombs past border check- standing temporary guest worker pro- legal permanent resident, his or her points in Texas and Washington State gram in the U.S. relative to agri- family members receive derivative by faking Government documents We culture. legal status and work authorization. can address this problem, and we will, Because my focus in this debate will That means that whether a blue card by providing improved training for center on border security and a tem- worker has 1 child or 10 children, once agents and improved technology at the porary agricultural guest worker pro- he or she becomes a legal permanent borders. gram, I would like to take a few min- resident, the rest of the family will The magnitude of the flow of illegal utes to outline some of the problems I have been deemed to have been here le- immigrants into the United States is see with the Judiciary Committee’s ag- gally in the United States, and the astounding. The Border Patrol arrested ricultural guest worker program and spouse will be allowed to work regard- 1.2 million illegal immigrants in 2005, indicate my intention to utilize the less of whether they have had a job in but couldn’t stop hundreds of thou- amendment process at the appropriate the United States in the past. sands more from unlawfully entering time to attempt to remedy what I re- This is hardly matching willing the country because they don’t have gard as some shortcomings of the Judi- workers with willing employers but, the resources. We can address this ciary Committee’s agricultural reform. rather, putting a large population on a problem and we will, by providing more Most troubling to me is that the ag- level playing field with American Border Patrol agents, better infra- ricultural reform provision provides workers for job opportunities. structure, additional checkpoints and amnesty to 1.5 million illegal workers While some of my colleagues might use of the latest technology available. in agriculture. disagree with me on the amnesty issue, In addition, we must address the real Some might call it earned adjust- we should be able to agree on the fact magnet for illegal immigration for so ment of status or earned citizenship, that these agricultural workers who many: the promise of a job. Most ille- but I call it amnesty because it pro- earn amnesty through this provision gal immigrants in the United States vides a clear path to citizenship for il- will not remain in agriculture forever. did not come to this country to cause legal agricultural workers who meet a Most everyone agrees that agri- us harm but rather came to earn a bet- very low threshold. These illegal work- culture is the hardest low-skilled work ter life for themselves and their fami- ers will not have to return to their around in our country today. It is truly lies. However, we must ensure that a home countries and will not have to backbreaking. Generally, those who legal process for hiring foreign workers wait their turn in line to gain legal have had an opportunity to earn a liv- is put in place and strictly adhered to. permanent resident status in the ing in some other manner have chosen We can address this problem and we United States. to do so. Even those who choose to stay will by mandating employer sanctions The amnesty provision would allow in agricultural work find they cannot for those who flaunt the rule of law and illegal aliens who performed 863 hours, occupy these labor-intensive jobs over continue to hire illegal workers and by or 150 days, of agricultural work in the a long period of time. There is a nat- providing tamper-proof documentation United States between January 1, 2003, ural tendency to age out of agricul- to those who are authorized to work in and December 31, 2005, to qualify for a tural work. the United States so that employers blue card. Therefore, if this provision adopted will have no confusion about the legal- In legislation Senator KYL and I in- by the Judiciary Committee is enacted ity of the workers they hire. troduced a year ago and had on the into law, I anticipate those current il- In addition to border security, we floor previously, we had a blue card legal workers who become legal perma- will be addressing a guest worker pro- provision. That is not the blue card I nent residents will leave agriculture in gram. However, I am hoping we can am talking about this morning. The the short term and leave our farmers have the opportunity to refocus the blue card I am referring to is the one to continue to rely only upon H–2A for Senate’s attention on the ‘‘guest’’ part that was created by the Judiciary Com- their workforce, if they are going to of the term guest worker program. It is mittee mark. hire legal workers. vital in this debate to distinguish be- The blue card program has a low The reason I believe these workers tween true temporary guest worker threshold requirement to qualify. A will leave agriculture is because that is programs and proposals that will lead a workday is defined as ‘‘any day in what has happened in the past. I have guest worker down a new path to citi- which the individual is employed 1 or spoken with numerous farmers who zenship. I don’t think it’s fair to call more hours in agriculture.’’ So some- were farming during the special agri- the legislation passed by the Judiciary one who worked 1 hour per day for 150 cultural worker program Congress au- Committee a guest worker bill. It is days over the past 2 years would qual- thorized in 1986. That is commonly more appropriately named a citizen ify for a blue card. The blue card under called the Special Agricultural Worker worker bill because it provides a clear the Judiciary Committee bill would Program. That program provided am- new path to citizenship for aliens who allow those illegal workers to then nesty for those agricultural workers are currently in the United States ille- work legally in agriculture or any who performed 90 days of farm work in gally. other area of our economy, provided 1985 through 1986.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2551 Chalmers Carr, a peach grower in the The framework of the Judiciary Com- CONGRATULATIONS TO LYNDEN State of South Carolina, helped 200 mittee’s proposal which provides that AND MEREDITH MELMED workers adjust in 1986 pursuant to the only 575 hours of agricultural labor per Mr. CORNYN. Madam President, I special agricultural worker education year are required to transition from wish to say a few words about immi- program. After 2 years, 75 percent of blue card status to that of a legal per- gration reform, but before I do, I want those workers had left his farm, and manent resident will likely have a de- to recognize a blessed occasion of the after 5 years, the last adjusted worker stabilizing effect on the agricultural birth of Caroline Brown Melmed 2 days left agriculture. workforce. ago on March 28, 2006, at 3:58 in the Similarly, Bill Brim, a Georgia fruit Madam President, 575 hours per year afternoon. and vegetable grower, assisted 130 equates to a little less than 72 days per Caroline’s proud father, Lynden workers adjust status pursuant to the year based on an 8-hour workday. I Special Agricultural Worker Program. Melmed, has been an integral part of don’t know about farms in California Not one single one of the 130 workers my Judiciary Committee staff. He is on or Idaho, but in Georgia, our farm- stayed on his farm for more than 6 detail from the Department of Home- workers generally work around 11 or 12 months after they adjusted their sta- land Security, and he is an expert in tus. hours per day during peak season. immigration law. One can imagine how Recognizing that these agricultural Using a 12-hour workday, a blue card important he has been in my ability to workers who are able to adjust their worker will work just under 48 days to be effective and advance the debate on status will not be in agriculture for- meet the yearly minimum hour re- this important topic. ever, the Senate should be able to quirement. He and his wife Meredith undoubt- agree that we need a viable H–2A pro- If these blue card workers are al- edly will be fantastic parents. As the gram to address the labor needs of agri- lowed to work in industries other than father of two daughters myself, I would culture in the future. Unfortunately, agriculture and are only required to tell him it is the greatest blessing one the agricultural provision of the Judi- work 575 agricultural hours to qualify could imagine. I wish them the best in ciary Committee’s bill simply does not for legal permanent resident status, the years to come. meet the needs of our Nation’s agri- my guess is they will not work in agri- f business. culture one hour more than necessary. It is ironic to me that those who ad- This is not going to provide our agri- IMMIGRATION REFORM mittedly do not use the H–2A program cultural employers with the stable Mr. CORNYN. Madam President, I in their States purport to know the workforce they are being promised. wish to talk about immigration reform modifications necessary for improve- I close with a comment relative to a and border security. In particular, ment of the program. In reality, the very current issue that is very impor- since this debate will be continuing for language contained in the Judiciary tant as we debate this bill on the floor this week and the next, I want to em- Committee’s proposal provides every today, and that is the fact that our phasize the importance of border secu- advantage to those agricultural em- President today is in Cancun, Mexico, rity, and, obviously, enforcement be- ployers who have been utilizing an ille- meeting with the leadership of our two gins at the border. gal workforce and cripples those em- best trading partners and our two bor- But before I talk about border secu- ployers who have utilized the legal H– der partners in the United States, that rity and enhanced enforcement, I want 2A program. to address the issue of the 12 million For instance, the Judiciary Commit- being the leadership of Mexico and the leadership of Canada. immigrants who are already here who tee’s agricultural proposal treats all have come to this country in violation those currently illegal aliens who qual- As he meets with those leaders, I of our immigration laws. ify for a blue card as U.S. workers for hope he will strongly emphasize, par- We know why people come to Amer- purposes of recruiting workers. This ticularly to the leadership in Mexico, ica. It is the same reason they have al- means an agricultural employer who to change their position on border se- ways come: because too often they has been utilizing the H–2A program curity. It is almost unfathomable to have no hope and no opportunity where for years and following the rule of law me that the leader of a country would they live. So we understand at a very already on the books will be forced to say to his citizens that he is encour- human level why it is that people want hire an illegal alien with a blue card aging a border country to grant am- to come to the United States. Yet I before that farmer can petition to nesty to anyone who has left his coun- think we all acknowledge America can- bring in the same people who had been try to go into a border country. But not open its borders to anyone and ev- working and returning in a legal man- that is exactly what is happening on eryone who wants to come here or we ner for him in the H–2A program for the part of President Fox. would literally be drowned in a wave of years. I hope President Bush emphasizes to Further, in the case of an agricul- humanity. the leadership over this week that they tural employer who properly applies We have to regain control of our bro- must be a partner with us in helping for and brings H–2A workers to work on ken immigration system, and that secure their border and our border his farm, that employer will be forced means to deal with enforcement at our which we have in common. If they will to replace that H–2A worker for whom borders, to deal with enforcement in work with us, we can secure the border, he has paid transportation costs to the the interior of our country, and to deal and if this body acts in an appropriate worksite with a blue card worker who with verification of the eligibility of way over the next several days, we can arrives at the worksite at any point prospective employees to actually come up with an accommodation to during the first 50 percent of the work work legally in the United States. We period seeking an agricultural job to those workers who are here for the cannot repeat the mistake this Nation fill his or her yearly hourly require- right reason and, at the same time, we made with the 1986 amnesty bill. ment to maintain their blue card sta- can ensure that those people who have I remind my colleagues that in 1986, tus. crossed into our country illegally re- that legislation required illegal aliens Once again, we are going to be giving turn to their home country, again, in to pay a fee, to learn English, to im- folks who are here illegally pref- the right way. prove themselves by working in this erential treatment over those folks Madam President, I yield the floor. country for a set time. who are here legally. There is no com- The PRESIDING OFFICER. The Sen- I also remind my colleagues that ev- mon sense whatsoever to that proposal. ator from Texas. eryone agrees on two points when it That yearly requirement, in many comes to the 1986 experience with the cases, may not encompass the employ- Mr. CORNYN. Madam President, I amnesty bill. er’s entire season or period of desired want to say a few words about immi- No. 1, they agree it was amnesty. And employment, leaving the employer, gration. May I inquire first how much No. 2, they agree it was a complete and again, without an adequate, reliable time is left on our side? total failure. I will continue to work workforce. This disadvantages those The PRESIDING OFFICER. There is with my colleagues on both sides of the who have been playing by the rules. 15 minutes remaining. aisle to find a solution to this great

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2552 CONGRESSIONAL RECORD — SENATE March 30, 2006 crisis that confronts our country, but I worthy of this great institution and of No. 1, that illustrates the changing na- won’t accept a repetition of the mis- this great democracy. ture of illegal immigration and the rise take of 1986 when this country granted Senator JON KYL of Arizona and I in the number of people coming from amnesty in the hopes of that being the have teamed up to work on this issue countries other than Mexico. You can end of it and in the hopes that there from top to bottom. We have worked see on this chart that the aliens who would be a reciprocal obligation on the closely together over several years to have been detained along the border part of the Federal Government to ac- address this challenge in a comprehen- are from special interest countries— tually sanction employers who violate sive way. We have held numerous hear- countries with ties to international our immigration laws. I am afraid the ings, and we have heard testimony terror such as Syria, Iraq, Iran. Just 2 numbers speak for themselves, with 3 from a diverse array of experts across weeks ago, I talked to the Secretary of million illegal immigrants who bene- the political spectrum. We have also the Department of Homeland Security fitted from the amnesty and now inspected our Nation’s failed immigra- and he told me there were 39,000 Chi- roughly 12 million who are here await- tion system and its relationship with nese who had been detained coming ing the next amnesty. Thus we can see the terrible events of September 11. across our southern border and, unfor- what a magnet amnesty becomes and And we have examined why it is impor- tunately, once they were detained, why it is so counterproductive. tant for America’s neighbors to raise China refused to accept any of them I am proud to represent a border living standards for their own citizens back. State, the great State of Texas, and I to help relieve some of the pressure on So we have to use every diplomatic know from personal experience what our border. tool in our toolbox to make sure we problems the border States face. I Senator KYL and I have sought to lay not only detain people who come across know the strains that illegal immigra- a foundation for a comprehensive solu- our border illegally, but that we then, tion and our broken borders have tion to fix our broken borders, a com- in an expeditious way, return them placed on local taxpayers when it prehensive solution that would avert back to their country of origin. comes to education, when it comes to another crisis 5, 10, or 20 years down Second, in the bill that Senator KYL health care, and I know the anger and the road. and I proposed, we proposed a doubling frustration that many people feel at When we sat down to draft legisla- in the number of Border Patrol agents. the Federal Government’s abject fail- tion, we were alarmed that many of the And while we have heard a lot of talk ure when it comes to enforcing our im- bills already introduced at that time about additional Federal agents at the migration laws. simply called for more studies and border, the Federal Government really I also know the nature of immigra- more reports. One so-called comprehen- hasn’t stepped up yet. There is a lot of tion across our borders is changing. sive bill failed to contain a single pro- good and, I think, well-intentioned There is more and more violence on the vision on interior enforcement. This is talk. But on 9/11, we saw that 9,788 Bor- northern border of Mexico in cities not a time for more studies or more re- der Patrol agents were funded by the such as Nuevo Laredo. I have listened ports. This is a time for action. We U.S. Government. Here we are today, to the concerns of my fellow Texans, need to act, and we need to act pru- and we have seen a small increase to a including ranchers and those who are dently and in America’s best interests. little over 11,000. But lest some people well accustomed to the movement of So our goal was to craft an immigra- think that is a lot of Federal agents on people across the border into the tion bill that would be comprehensive. the border, let me remind them we United States who want to work here We understood that any truly com- have a 2,000-mile border between the and who then go back home with the prehensive bill must address both bor- United States and Mexico—a 2,000-mile savings and skills they have estab- der security and enforcing the law in border—and now a little over 11,000 lished. I have listened to the ranchers our Nation’s interior. Over a dozen of Federal agents, when the city of New and the Good Samaritans who live and the strong and sensible enforcement York has somewhere on the order of work along the border who were happy provisions we crafted made their way 39,000 policemen. So if you compare a to lend a helping hand to the occa- into the bill that is now before the Sen- 2,000-mile border and 11,000 Border Pa- sional traveling immigrant worker, to ate in the form of the Judiciary Com- trol agents with the fact that the city those seeking a better life. But I have mittee bill. I want to talk about these of New York has 39,000 police officers, to tell you, these people are now enforcement measures and why they you can see why I suggest to my col- scared. They are terrified because drug are a necessary precondition to every- leagues that we are both underfunded smugglers and human traffickers are thing else that we do when it comes to and undermanned when it comes to the wreaking havoc along our Nation’s bor- reforming our broken immigration sys- sheer volume of people coming across ders. tem. the border. Let’s not delude ourselves. This de- I repeat: National security and bor- Last year, about 1.2 million—that’s bate isn’t just about drugs, and it isn’t der security begin at the border. Con- 1.2 million—people were apprehended just about violence, as horrible as gress can no longer ignore the realities coming across the border. So how can those are. This debate is also—and I on the ground. We can no longer afford we in good conscience say that we are would say first and foremost—about to under-fund and under-man our bor- doing everything within our power to our Nation’s security. In a post-9/11 ders. What we see in my State of Texas enforce our borders and enforce our world, border security is national secu- is that the mandates that the Federal laws when we simply deny the Federal rity. I say that again: In a post-9/11 Government issues when it comes to agents, who are doing a very good job, world, border security is national secu- health care, when it comes to edu- the number of people they need in rity. cation, when it comes to law enforce- order to be successful? Make no mistake about it. Today we ment are foisted off on State, and most Then there is the issue of detention do confront a crisis that threatens our often, local taxpayers. It is considered beds. Once you detain someone coming security. We all know that our immi- a local problem when self-evidently, it illegally across the border, they are en- gration system is broken and has been should be a national mandate. When it titled, ordinarily, to a deportation for many years. And it is not getting comes to any of those issues, we have a hearing, if they come from a country any better on its own. So I applaud the national responsibility, and the Con- other than Mexico. People who come majority leader and those who have gress and the Federal Government from Mexico are returned expedi- worked so hard on both sides of the must step up. tiously—usually the same day. Of aisle to try to bring this debate to the Let’s look at the reason many Tex- course, many of them try to come back Senate floor. This is the greatest delib- ans and others who live and work along and, after enough tries, they usually erative body on the face of the planet, the border are scared, people who are make it past the border. But we have and I would hope that we could have a very much accustomed to immigrants had a flawed policy of catch and re- debate about this urgent need to fix moving back and forth across the bor- lease. In other words, when we have ap- our broken immigration system and to der. It is because they know the face of prehended people at the border who restore security to our border and do it illegal immigration across our border come in illegally from countries other in a way that is dignified and civil and has changed. We have a chart, chart than Mexico, we said: Please show up

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2553 in 30 days for your deportation hearing. for this important effort. But we are a seek recognition at that time. After Are we surprised that the vast major- far cry from where we need to be. We the Senator from Vermont speaks, we ity of people don’t show up but just can do this if we have the national will have some other speakers, but I think merely melt into our landscape and be- and commitment. But our national se- we can wait. come part of that 12 million people who curity depends on border security, and Mr. GREGG. I ask unanimous con- come to our country in violation of our we have to make a credible effort—in- sent that the Senator from Vermont be immigration laws? Well, it is because deed, more than an effort—we need to recognized for as much time as he may we only have 20,000 detention beds— be successful in providing security to desire and then the Senator from Geor- 20,000—with 1.2 million people coming our borders in order to keep the Amer- gia be recognized for 15 minutes, the across our borders just last year. That ican people safe. Senator from Louisiana for 15 minutes, is the fundamental, root problem with I yield the floor. and then I be recognized for 15 minutes, and that will get us to approximately the catch-and-release policy that the f Department of Homeland Security has the 45 minutes the Senator was talking had for far too long. CONCLUSION OF MORNING about. Senator KYL and I would not only BUSINESS Mr. KENNEDY. Then would the Sen- ator from Illinois be recognized for 15 raise the number of detention beds to The PRESIDING OFFICER. Morning minutes and I will follow the Senator 50,000, but we would end the catch-and- business is closed. release policy by improving and in- from Illinois? creasing and mandating the use of ex- f Mr. GREGG. That sounds reasonable pedited removal across our borders. to me. SECURING AMERICA’S BORDERS The PRESIDING OFFICER. Is there This chart reflects that Border Pa- ACT trol apprehensions of people from coun- objection? Without objection, it is so tries other than Mexico were 165,000 The PRESIDING OFFICER. Under ordered. last year. Yet 114,000 of them were re- the previous order, the Senate will re- Mr. GREGG. I yield the floor. I thank leased under the catch-and-release pro- sume consideration of S. 2454, which the Senator from Vermont and the gram. As I say, most, if not all, of them the clerk will report. Senator from Massachusetts. Mr. LEAHY. Madam President, I melted into the landscape and became The assistant legislative clerk read thank the Senator from New Hamp- part of this shadow culture living in as follows: shire. As usual, he found us a roadmap America today of people who have A bill (S. 2454) to amend the Immigration and it worked well. come to this country in violation of and Nationality Act to provide for comprehensive reform, and for other purposes. Madam President, let me just briefly our immigration laws. We may assume suggest the absence of a quorum. I am we know why they have come here. We The PRESIDING OFFICER. The Sen- ator from New Hampshire. going to take us out of the quorum in may assume that they are people in about 1 minute. search of a better life and, indeed, Mr. GREGG. Madam President, I understand that the Senator from Geor- I suggest the absence of a quorum. many of them are. But the fact is, we The PRESIDING OFFICER. The gia and the Senator from Louisiana can’t assume in a post-9/11 world; we clerk will call the roll. have to know who is coming into our wish to speak. I also wish to speak, and The assistant legislative clerk pro- country and why they are here because I see the Democratic floor leader is ceeded to call the roll. we know there are those who have evil here. I spoke with the Senator from Mr. LEAHY. Madam President, I ask intent toward America. We know there Massachusetts, and he said he wasn’t unanimous consent that the order for are common criminals. We know there speaking at this time. I was wondering the quorum call be rescinded. are drug dealers and drug smugglers. if we could maybe get a time agree- The PRESIDING OFFICER. Without We know there are arms dealers. We ment so that we can get an order, if objection, it is so ordered. know there are international criminal that is all right with the Democratic Mr. LEAHY. Madam President, we syndicates who will do anything for a floor manager. are going to have a major debate on buck, whether it is smuggling drugs, The PRESIDING OFFICER. The Sen- immigration. That is a good thing, guns, weapons of mass destruction, or ator from Vermont. both for the country and for the Sen- smuggling terrorists across our bor- Mr. LEAHY. Madam President, what ate. I note, however, in the Judiciary ders. is the parliamentary situation now? I Committee, we have had a major In addition to the 10,000 more Border am just asking the question. amount of debate and long markups. Patrol agents, I believe the solution to The PRESIDING OFFICER. Under The distinguished chairman of the securing our borders is in the tech- the previous order, the time until 12 committee, Senator SPECTER, and I nology we have, our technological ad- p.m. will be equally divided between have tried to make sure we had full vantage. But we are not using tech- the two leaders or their designees. hearings. nology along the border the way we Mr. GREGG. Madam President, I The distinguished senior Senator should. We know the Department of would just suggest that since the Sen- from Massachusetts, Mr. KENNEDY, is Defense, our military, is the finest, ator from Georgia is here and the Sen- on the floor. As I said last night, he has most professional military the world ator from Louisiana is here and I am spent more time on this than any of has ever known, and in large part it is here and I know the Senator from the rest of us. He has been in the Sen- because of the technology they are able Vermont is here, since he is the floor ate longer. He has been a leader in the to use. We need to use ground sensors. leader, he would probably want to pro- area of immigration. We need to use unmanned aerial vehi- ceed. Do you have a statement you are When we began the debate, Chairman cles. We need to use technology to pro- proceeding with, I presume? SPECTER and I followed the opening vide a secure border. Mr. LEAHY. Madam President, I statement of the Republican leader The PRESIDING OFFICER. The Sen- would tell my good friend from my with a discussion of how the Judiciary ator’s time has expired. neighboring State of New Hampshire, I Committee, in a truly bipartisan man- Mr. CORNYN. Madam President, I do have a statement. It is not very ner, worked successfully to meet the ask unanimous consent for 30 seconds long; it is probably 7 or 8 minutes. But deadline set by the Senate’s Repub- to conclude my remarks. I would like to say, just to frame the lican leadership. I understood that the The PRESIDING OFFICER. Without issue, the distinguished chairman of majority leader had committed to turn objection, it is so ordered. the committee, Senator SPECTER, and I to the committee bill if we were able to Mr. CORNYN. Madam President, as I spoke on the floor yesterday on this. meet that deadline. I heard our chair- pointed out, border security is national This is a major issue. I will want to man reiterate that same thing on the security. I see the chairman of the Sub- speak. I do not intend to hold the floor floor again yesterday. We did it, we committee for Homeland Security of very long. completed that difficult task. We did it the Appropriations Committee on the Mr. KENNEDY. Will the Senator be by working together, Republicans and floor, and he has been a great cham- good enough to yield? I will be glad to Democrats, something that should be pion of getting more money allocated wait for 45 minutes or an hour. I will done more often around here.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2554 CONGRESSIONAL RECORD — SENATE March 30, 2006 Under the steady leadership of the proud to hear this debate, and to see and on the smugglers, is smarter and chairman and Senator KENNEDY, and their grandson speaking on the floor of fairer. with the hard work and dedication of the Senate. I ask Senators to look at the peaceful so many members of the committee, we I look forward to working with demonstrations across this country. worked through the long hours and nu- Chairman SPECTER in a bipartisan way Listen to the people who are speaking merous amendments and accomplished to pass the committee bill. The chair- out. A half-million people went out in what had seemed to be the impossible. man and I have been able to move our a peaceful demonstration in Los Ange- Our staffs worked throughout the St. committee from being a confronta- les. That is nearly the population of Patrick’s Day recess. As I said last tional committee to one that works in my State. That was just one dem- night, I got e-mails from them at 11 a bipartisan fashion. I commend him onstration among many. o’clock and 12 o’clock at night and for that. I commend all members of the Opponents of a fair, comprehensive then again very early in the morning. I committee for that. approach are quick to claim that any- knew how hard they were working on What we have done is, by working thing but the most punitive provision this—the staffs of all the Senators in- that way, we have provided a realistic is amnesty. They are wrong. This is not volved. Then the Judiciary Committee and reasonable system for immigra- an amnesty bill. An editorial in yester- sent a resounding message approving a tion. The bill protects America’s bor- day’s New York Times entitled ‘‘It bill by a bipartisan vote of 12 to 6. ders, it strengthens enforcement, and Isn’t Amnesty’’ makes the point that What was interesting about that is most important, it remains true to the painting the word ‘‘deer’’ on a cow and none of the amendments on the critical best of American values. taking it into the woods does not make issues passed on a party-line vote. The committee bill wisely dropped the cow a deer. As I said yesterday, in They were by strong bipartisan votes. controversial provisions which would Vermont, especially during deer sea- Let me tell you what our committee have exposed those who provide hu- son, we Vermonters know the dif- did. manitarian relief or medical care or ference between a deer and a cow. We have a bill that is strong on en- shelter or counseling or other basic Sometimes we wish the tourists did. forcement. In some ways, it is stronger services to undocumented aliens. Under Our committee bill should not be than the bill passed by the House. It is the earlier bill, they would have faced falsely labeled. Our bill is more prop- tough on employer enforcement. It is possible prosecution under felony erly called what it is: a smart, tough tough on traffickers—and it should be. alien-smuggling provisions of the bill. It is stronger than the bill introduced criminal law—a reminder that in a na- We know we need a comprehensive by the senior Senator from Tennessee, tion such as ours, with such a great solution to a national problem. We who started from the same place as the heart and soul as a nation, we also need a fair, realistic, and reasonable committee bill but did not include have a moral and humanitarian respon- system that includes both tough en- some of the enforcement measures sibility to people. We should not make forcement and immigration reform added by amendment during com- felons of those who carry out the re- provisions. All Senators, Republicans mittee consideration nor any of the sponsibility of feeding the hungry, and Democrats, should be able to agree other improvements we made. For ex- clothing the naked, and sheltering with these principles. The bill reported ample, neither of those other bills in- those who need shelter. by the Judiciary Committee is that cluded a provision, added by the com- I thank so many in the relief and re- bill. mittee at the urging of Senator FEIN- ligious communities, the faith commu- I am glad to hear that President STEIN, to make tunneling under our nity, for speaking out on this matter. Bush is again speaking about the need borders a Federal crime. The com- Even in my own faith, I was so pleased for a path to citizenship and the need mittee bill adds new criminal penalties to see some of the leaders speak out so for a comprehensive bill. I hope, as we for evading immigration officers, and strongly. now proceed through the sixth year in it added manslaughter to the definition The criminal provisions should be fo- office, that the Bush-Cheney adminis- of aggravated felony. cused on the smugglers, not on the tration will finally send a legislative Finally, on Monday morning of this children of aliens or those who help proposal to Congress on these matters. week, the committee adopted a Fein- them. Focus it on the smugglers, those They have stated their support. Let stein amendment to add 12,000 new Bor- who traffic in human misery and some- them also bring forward what they be- der Patrol agents—2,400 each year for times bring about the death of those lieve is appropriate legislation. We did the next 5 years. they smuggle. Under the committee not want to wait any longer in our Our committee bill is enforcement- bill, that is what we did. committee. We did the hard work, and plus. It starts with strong enforcement The committee also voted down a produced a bipartisan bill. provisions and border security, but it is measure that would criminalize mere We did the hard work, and we wrote also comprehensive in its balance. It presence in an undocumented status in a tough, smart, comprehensive bill. confronts the problem of 12 million un- the United States. I was a prosecutor. I The Judiciary Committee’s debate has documented immigrants who live in know how unworkable that would have produced a bill that I believe would the shadows. It values work. It respects been. Illegal status is currently a civil make my immigrant grandparents human dignity and includes guest offense with very serious consequences. proud, and my maternal great-grand- worker provisions supported by both One of the most serious, of course, is it parents proud. It is worthy of our sup- business and labor. It includes a way to includes deportation. But if you then port. pay fines and earn citizenship that has criminalize that status, it is punitive, This is a body which should reflect the support of religious organizations it is wrong, it is totally unworkable the conscience of our great Nation. and leading Hispanic organizations. and goes against the history of our Na- There are only 100 of us. We are enor- Yesterday, Senator KENNEDY and tion. It would have led to further harsh mously privileged to represent 295 mil- Senator DURBIN and Senator HARKIN consequences. It would have trapped lion Americans. Let us speak to the made excellent, persuasive statements people in permanent underclass status. conscience of all of us and the human- in favor of the committee bill. Sen- It would have put bars in front of the ity of all of us. Let us pass this bill. It ators DOMENICI and MARTINEZ also American dream. is not just from the managers’ point of spoke of their personal journeys. These These criminalization measures, view, from a political point of view; it were very real and meaningful state- which were included in the House- has the support of the labor unions, ments. They reminded us all that we passed bill supported by congressional business groups, leading Hispanic orga- are a country of immigrants. I thank Republicans and which were reflected nizations, and many from our religious them for speaking in terms favorable in the majority leader’s bill, have un- communities. They are asking the Sen- to the comprehensive approach we have derstandably sparked nationwide pro- ate to do its part. Let’s adopt the com- adopted. Listening to them makes me test. In the view of many, it is anti-im- mittee bill so we can bring hard-work- think how proud my immigrant grand- migrant and inconsistent with Amer- ing people out of the shadows and end parents would be. They immigrated ica’s values and history. The com- the permanent underclass status of so from Italy to Vermont. They would be mittee bill, while tough in enforcement many who have contributed so much.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2555 Let us protect our security and our tant that whatever security require- for tunneling and other technology we borders, but support the American ments we place in this legislation—and have. dream that attracted my grandparents there should be many—be funded and It is a matter of us developing a re- and the American dream that attracted be in place before any other provision solve to secure the borders of the so many, and allow this bill to become takes place. United States of America. We must not a reality. We are a good, brave, and Second, it is important to understand demonize anybody. First, we must se- wonderful country. Let us demonstrate that enforcing the border is something cure the borders which the American it. we can do. Before I introduced border people expect us to secure. I yield the floor. security legislation a few weeks ago, I I come from a great State, the State The PRESIDING OFFICER (Mr. EN- traveled to the United States border of Georgia, a State that is a major ag- SIGN). The Senator from Georgia. with Mexico. I went to San Diego and ricultural producer in this country, a Mr. ISAKSON. Mr. President, in 1903, Tijuana, met with our border agents State where there are many migrant Andrew Bengsten boarded a ship and who are having remarkable success laborers. I am well aware of what the left Sweden, the son of Isak Bengsten. now because of technology and, of green industry, the agricultural indus- He landed on Ellis Island and took the course, because of improved numbers. try and the construction industry last name Isakson, which is the Scan- I went to Fort Huachuca in Arizona workforce, is made up of. We owe it to dinavian tradition, to take the father’s where the one and only unmanned aer- those industries to see to it that we first name and add ‘‘son’’ to it. In 1916, ial surveillance vehicle, the Predator, have a legal path to come to this coun- he had a son named Ed, and in 1926 he has a 150-mile stretch of the United try and to work and appreciate Amer- became a naturalized citizen. States-Mexican border secure because ica, that no longer will there be smug- He went to West Texas as a laborer, we have eyes in the sky 24 hours a day, gling of illegal aliens across our border, and later on to Atlanta, GA as a car- 7 days a week. but instead we have as a country a penter. In 1944, his son Ed and Ed’s wife For $400 million, we can deploy a legal path for people to come and an il- Julia had a son, who by the grace of fleet of 26 of those unmanned Predator legal door that is shut because we have God is me. No one in this body has any aircraft to have eyes in the sky 24/7 stopped turning and looking the other greater respect or admiration for this along the entire 2,000-mile border. That way. great country and our process of legal will have a tripling effect on our man- I look forward to this debate. I appre- immigration than I. power because it allows us through ciate the promise of this country, be- As we approach the most important technology to identify those who are cause were it not for our legal immi- debate this Senate will encounter in coming and where they are, to position gration process I would not be here this session, it is important that it be the agents we have to intercept them today. But I will fight as hard as I can a debate of dignity and a debate of sub- and turn them around. It will send the to see to it that whatever passes this stance and a debate where we learned signal that no longer are we going to Senate requires first and foremost the the lessons of the past and make sure look the other way but instead we are securing of our borders before the ex- that immigration in the future holds going to focus on those who are trying tension to guest workers or any status the same promise it held for my grand- to come here illegally and be smuggled, be granted. If we do not, we will have father 103 years ago. and shut the door so they will apply le- recreated the problem we created in I have filed an amendment at the gally to come to this country the right 1967. We will deal not with just 3 mil- clerk’s desk, which at the appropriate way, as so many American guests have lion illegals coming but millions and time in the debate I will offer, which to and some citizens have, to ultimately millions and millions more, all because me is the key as to whether we proceed become naturalized. we looked the other way at a time on whatever the final product this Sen- This place we all call home and the when we needed to focus like a laser ate may adopt may be. It is a point rest of the world calls America is a beam. that has been missed by many and very special place. Our problem isn’t The people of this country are look- avoided by some but we must focus on that people are trying to break out of ing to us to secure our borders for the and we must accomplish. It is an this great country; they are all trying homeland and for immigration. We amendment that very simply says no to break into this great country. We must secure them first before we do provision of any act we pass which con- owe it to our country and our future anything else. tains a guest worker program will go and to the legacy of our children to as- A comprehensive bill is possible, and into effect until, first, the Secretary of sure that the path to this country is I have no problem with addressing Homeland Security has certified to the legal and operable, and that it isn’t comprehensive reform. But those re- President and to this Congress that our done illegally and involve smuggling. forms that involve guest workers must borders are reasonably secure. While often many of us talk about only be implemented after the certifi- I want to tell you why that is impor- the Southwest border, it should also be cation by the Secretary of Homeland tant. It is important because 20 years true on the border with Canada as well, Security that our borders are secure. ago, in 1986, a great President, Ronald and it should be true at our ports. For failure to do so is to pass on to an- Reagan, and this Congress adopted a Whatever we do in this 2 weeks of de- other generation of Americans a com- program that gave legal status to 3 bate, it must ultimately be predicated pounded problem. million illegal aliens in the United on, first, securing the border of the I yield the floor. States. We did so in the hopes of clear- United States, whether it be on the The PRESIDING OFFICER. The Sen- ing up the problem. Instead, what we north or on the South. We must have ator from Louisiana. created was an attractive reason for fortitude in this Senate to pass the ap- Mr. VITTER. Mr. President, I too more to come illegally in hopes of propriations necessary to fund the pro- rise to strongly support the general gaining the same status. Today, 20 grams to secure those borders. Rhet- thrust of the President’s border secu- years later, we have estimates of 11 oric is cheap. Enforcement on our bor- rity bill. As the essential first step in million to 13 million Americans who ders can be expensive. But it must be this great challenge, we must take came exactly that way—over the bor- essential. strong, meaningful action—not just der illegally in hopes of that same The distinguished Senator from New talk but action to prove that we can promise that happened in 1986. Hampshire, who is on the floor, has and will secure our borders and return Were we to pass in this body this been an absolute leader to the appro- to the rule of law with regard to our year a bill granting status that does priations and the budget process in fo- immigration system. not require, first, security on the bor- cusing like a laser beam on seeing to it I too rise as a descendent of immi- der, then we will create the same that we authorize and ultimately ap- grants to this country, and I am very attractiveness we did 20 years ago. The propriate the funds to do exactly that proud of that. Both sets of my grand- result will be the same, and the legacy in terms of manpower. I will join him parents—on my mom’s side and on my to another Congress and the problems in that as well as those who put the dad’s side—came from France. They in our social services system in our funds up for the unmanned aerial vehi- came first into New York but very soon great country will be great. It is impor- cle surveillance and the ground sensors thereafter to Louisiana where there are

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2556 CONGRESSIONAL RECORD — SENATE March 30, 2006 many other French immigrants, and . . . our investigation showed that two sys- issue in a comprehensive way to first they settled. tematic weaknesses came together in our not only pass border security and sig- What is so unique about this debate border system’s inability to contribute to an nificant enforcement measures, but to is that here in the Senate, every Sen- effective defense against the September 11 attacks: A lack of well-developed counterter- put them in practice, to fund them, to ator rises and begins with a similar rorism measures as part of border security, get agents on the border, to do what- sort of story. We are all the descend- and an immigration system not able to de- ever it takes to turn the corner on this ants of immigrants. That is what liver on its basic commitments, much less issue and prove to the American peo- makes America so magical and so support counterterrorism. ple, prove to me and so many millions unique. For a young country, we are an Other studies have shown that 15 of of others, we are serious about enforce- immigrant country, and we celebrate the 19 September 11 hijackers, includ- ment. that. But we also want to preserve ing Mohammed Atta, should have been There is another reason I believe we that. denied visas. At least three of them must start with enforcement, as the To me, that comes down to two fun- overstayed their visas. Clearly, lax en- Frist measure does. It is because any damental traditions in this country— forcement was an important part, measure that is tantamount to am- the two fundamental reasons I am sup- sadly, of that tragedy. nesty sends exactly the wrong message porting the Frist border security bill— There are also other issues within as we try to get our hands around this and that focus as a first step in this the country related to illegal immigra- problem. We are a nation that believes great debate is one tradition, the tradition—not our proud tradition of legal in upholding the rule of law. We must tion of immigration, but it is a proud, immigration but illegal immigration. reestablish respect for our laws, includ- strong tradition of legal immigration First, it is very important to say we ing border security and interior secu- throughout the history of our country, are talking about millions upon mil- rity. But provisions which are tanta- at least until recently. lions of people, 11 to 13 million by most mount to amnesty send exactly the op- The other great tradition which I estimates, even more by some. It is im- posite message. It sends the message will base my vote on is the very impor- portant to say the great majority of that you can break the law and over tant tradition—in fact, one of the lead- those people are not dangerous crimi- time you will basically be rewarded for ing reasons so many people, including nals. However, some percentage of doing so. my grandparents, came to this coun- those folks do contribute enormously These are not just theoretical or try—of the rule of law which forms the to our criminal issues in this country. commonsense arguments. These are ar- basis of so much of what we do. A GAO report issued in April of 2005 guments that are borne out by history, Let me talk briefly about those two says the number of criminal aliens in- as Senator ISAKSON, the previous traditions. carcerated in the United States in- speaker, pointed out. First, the rule of law: It is at the creased by 15 percent from 2001 to 2004. The last amnesty type of program en- heart of our entire system. It is at the Those aliens constitute about 27 per- acted by this Congress was in 1986. heart of what is attractive to millions cent of all Federal prisoners. That is a There have been many studies about upon millions of people from every cost to the Federal Government of the effects of that since then. Across country around the world to become about $1.2 billion a year. That specific the board they show that act of basi- Americans, including my family. Law year was 2004. It is an enormous cost to cally granting amnesty to a class of il- is at the center of our democratic tra- our country. Again, a small percentage legal aliens in this country dramati- ditions. Without proper law enforce- of those balloon the costs to society. cally worsened the problem. It did Violent gangs, composed mostly of ment, written laws mean nothing. Fail- nothing to solve the problem. In 1992, criminal aliens such as the El Salva- ure to enforce certain laws, including for instance, 6 years after the last ille- doran-based MS–13, have been a very our immigration laws, gives people the gal alien agricultural worker amnesty important and dangerous part of the passed in 1986, the Commission on Agri- impression that the Federal Govern- criminal problem and violent crime in ment will fail to enforce other laws. cultural Workers issued a report to this country. Last March, ICE agents Congress that studied the effects of That tradition of the rule of law and deported 37 criminal aliens rounded up enforcement is an essential component that 1986 agriculture worker amnesty. in the Washington, DC area, two of They made a number of findings and to comprehensive immigration reform. whom had ties to MS–13. MS–13 has A recent poll conducted by the Wash- recommendations. First, the Commis- spread across the country. Over 2,000 sion found that the number of workers ington Post and ABC News found that members are in northern Virginia the huge majority of Americans agrees amnestied under the bill had been se- alone. verely underestimated. I fear many of with what I am saying. Four in five For all of these reasons, real enforce- Americans think the Government is the estimates we are talking about ment must come first in our meeting here today are underestimated. not doing enough to prevent illegal im- this challenge. It must come first be- migration, with three in five saying Second, the Commission found the cause we need to get control of our bor- agriculture worker amnesty only exac- they strongly hold that view. ders. We need to get control of the seri- The same poll found that 56 percent erbated existing problems. ous repercussions this illegal problem Six years after AIRC was signed into law of Americans believe illegal immi- has in our country, including on the grants have done more to hurt the the problems within the system of agricul- criminal side. To do this, we must tural labor continue to exist . . . In most country than to help it, while only 37 prove to the American people we are areas, an increasing number of newly arriv- percent believe illegal immigrants help not just going to talk about it as win- ing, unauthorized workers compete for avail- the country. But the key is the illegal dow dressing to what is tantamount to able jobs, reducing the number of work hours nature of that activity—not our proud an amnesty program. We are going to available to all harvest workers and contrib- tradition of legal immigration. do it. We are going to put the resources uting to lower annual earnings . . . Of course, this issue of the rule of law behind it. We are going to deploy those Third, the Commission stated that a and the explosion of illegal immigra- unmanned aerial vehicles. We are going guest worker amnesty program should tion also has a very important national to do what is next in terms of man- not be the basis for future immigration security component, particularly since power enforcement and other resources policy. The Commission went on to say September 11. Adequate border secu- at the border. the only way to have a structured and rity and enforcement of our immigra- I am a fairly typical American when stable market was to increase enforce- tion laws was an issue on September 11. it comes to this issue. I have heard this ment of our immigration laws, cer- It goes directly to the terrorist at- enforcement talk in Washington for tainly including strong employer sanc- tacks. It goes directly to our war on the last couple of years. I don’t believe tions. terror. most of it. Quite frankly, we have So we have experience to guide us. In its report, the 9/11 Commission never been true to it. We have never We have concrete history to learn by. itself found weaknesses in immigration been serious about it. We have never Why do we believe doing the same enforcement could have facilitated turned the corner on this issue before. thing as we did in 1986, only on a much those terrorist acts. The Commission I believe it is our solemn duty and re- greater scale, is going to yield different stated: sponsibility in terms of addressing this results?

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2557 The Frist bill is not perfect, but it is us immigrants. Certainly everyone in home, for all intents and purposes they a good and an appropriate start. And the Senate since the departure of the already have amnesty because we are start we must on the enforcement side great Senator Ben Nighthorse Camp- not doing anything about it and we do of the equation to prove we can get bell falls into that category. not have the capacity to do anything real, get tough, get serious about en- The issue, in my opinion, breaks into about it. That is a straw dog, to be forcement as never before. Because, two obvious parts. The first is how you very honest, this argument of amnesty. quite frankly, we have never, ever, in secure the border. The second is how The bigger question, more funda- the history of this modern problem you deal with the fact there is a large mental question, is how do you set up proven that we will be serious, that we number of people in this country who a system which allows these people to will have the political will, that we are here illegally today and that there come out from behind the bushes where will devote the manpower and other re- is a large number of people who wish to they have to hide, so they are not sources necessary to turn the corner on come to this country for the purposes taken advantage of, so they can be this issue. of earning a living, and that they will even more productive in their role here I urge all of my colleagues to start come into this country however they in the United States, and do it in a way here where there is consensus, where can—and if it is illegal, they will come that does not basically affront our sen- we can come together around common- here illegally—and how we would sibilities as a nation of laws, and espe- sense, meaningful, and appropriate en- change that atmosphere. cially address the issue of citizenship. forcement actions as the important On the first issue, which has been dis- There are a lot of ways to do that. first step in addressing this very im- cussed and which is the purpose of the There are a lot of ideas being put for- portant challenge. bill before the Senate, the bill filed by ward to do that. I happen to think the The Senate is having a very impor- the Senate majority leader, this is very essence of the question is how you deal tant and responsible debate on this resolvable. We can secure our borders. with the issue of citizenship. If you are issue. It is crucial in this debate that That has been said by everyone. And here illegally, getting citizenship we be respectful of each other and of we should. We must. We cannot as a should be probably not attainable, but everyone involved in this issue and not culture survive if we do not have bor- certainly there should be a way to demonize any part of society. That ap- ders which are secure, if we do not allow you to still participate in our so- plies equally to those who believe we know who is coming into the country, ciety so you do not have to hide. must start with enforcement as it does if we do not know who is coming here. That assumes, however, you have ef- to people illegally in this country. If we have large numbers of people who fectively set up a border enforcement No one in this Senate, I believe, is are coming into this Nation illegally, mechanism which works because, as anti-immigration. Everyone is a prod- it undermines us as a nation of laws. the point was made by the Senator uct of a strong and proud history of im- There is no question but this can be from Louisiana, you cannot move to migration in this country. But until re- resolved. It does not take a lot of new any sort of effort to try to redress or cently it was a strong and proud his- law to do that, to be very honest. We address the issue of people who are tory of legal immigration. I truly be- can pretty well control who is coming here illegally unless you have more lieve what most threatens that strong into this country. I want to get into control of the borders because you sim- and proud history and the support in the specifics of how we do that because ply will create an incentive for more this country for that foundation of our I have the good fortune to chair the people to come in illegally. society is the fact that illegal immi- subcommittee which has jurisdiction But let’s remember that if we were gration has subsumed that tradition. over the borders in the appropriations able to solve the problem of the people If we want to continue to cherish area. I will talk about what we need who are here illegally and who are that tradition, if we want to continue there. Before I do that, I also want to working and who seek nothing more to have respect for all members of our address this issue of amnesty and guest than to be working, if we were able to society, no matter how they look or worker and how we deal with the folks give them some sort of status that appear, we must get back to that im- who are here and who are here ille- would allow them to participate as portant tradition of legal immigration. workers in this country in a public We must get back to the rule of law so gally. Let’s assume for the moment we are way, so they were able to participate in we can defend that strong tradition able to secure the southern border, systems such as paying into the health and get hold of this very serious chal- which I think we can. It might take 2 care system, paying into retirement lenge our country faces. I yield back the remainder of my or 3 years, but I am absolutely sure we systems, I think we might actually be time. can do that, so that the vast majority moving toward a more constructive re- The PRESIDING OFFICER. The Sen- of the people coming across our south- sult than what we have today, which is ator from New Hampshire. ern borders will come across in some essentially a large number of people Mr. GREGG. Mr. President, obviously manner which is legal, for a purpose who we know are here and we just turn the issue before the Senate is a critical which is not to harm us. That is a little our eyes to the fact they are here ille- issue—how we maintain the atmos- more difficult to do on the northern gally. They are going to continue to phere of this Nation, which is basically border. We do not have the human stay here and work here. We certainly the essence of our definition of a cul- wave coming across the northern bor- are not going to remove them because ture, which is that we are a society der. The northern border is probably we have no way to remove 10, 11 mil- which invites people from around the more of a terrorist threat to us, actu- lion people, however many people there world to participate in our society. It ally, in many ways, but it does not are, except for those people who com- was the reason we went with the have the human wave issue that we see mit criminal acts. motto, E pluribus unum: from many, on the southern border. So I think the debate is misfocused one. How we maintain that atmos- The question becomes, how do you in some ways when the word ‘‘am- phere, that way of life which has given deal with the folks who are already nesty’’ becomes the hot button nomen- us so much energy as a nation, that has here illegally? There is this term, we clature versus the more substantive given so many people the opportunity cannot give them amnesty; amnesty is question: What you do with people who to pursue the American dream, is what wrong. Well, as a practical matter, are already here and basically have the this debate is all about. they already have amnesty. Our sys- capacity to be here, and they already Whatever we do, we do not want to, tem is not able to deal with these indi- have amnesty, for all intents and pur- in my opinion, chill that great tradi- viduals unless they become criminals, poses, because we are not going to do tion which is the engine for our unless they commit an act which vio- anything about them so long as they strength as a nation. People come here lates our law in an open way, commit act legally in the context of their jobs seeking a better life, and as a result a felony, do something that is clearly a because we do not have the capacity to they energize society to be even more transgression to our society. But if remove 11 million people, and our soci- productive, successful, and stronger. they are here working, as most of them ety would not be able to absorb it. We are, as has been mentioned by are, trying to support themselves or But getting into the issue I wish to most of the speakers today, most all of their families or their families back talk about today, which is the specifics

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2558 CONGRESSIONAL RECORD — SENATE March 30, 2006 of the Border Patrol question and how each of the next few years—the number necessary to be able to even hold the you upgrade the Border Patrol, the bill of agents we put on the ground, the non-Mexican arrests, which are the before us authorizes an additional 1,400 number of agents in the system. people we are most concerned about Border Patrol agents over the next few The problem is very simple: One is a from a terrorist standpoint. We need to years and authorizes more beds for de- dollar issue, which should be able to be add a lot of new beds. We need to be tention. It authorizes more technology resolved but, secondly, it is an issue of creative about this—not just having for the purposes of guarding the border. being able to hire. It takes 30,000 appli- physical buildings; we need to figure That is all well and good. I strongly cations, approximately, in order to hire out ways to use swing beds. We need to support those authorization efforts. 1,000 agents. It is very difficult to find figure out ways to use closed military But the bottom line is, the rubber the people we need—it is that simple— facilities, maybe tents, tent capabili- does not meet the road with the au- because of the language requirements ties. But we need to put more resources thorization bill. The rubber meets the and because of the educational require- in this area, although this Congress has road with when we spend the money, ments and because of the demands of attempted to do it by adding over 2,000 which is with the appropriations bill. the job. So it is not only an issue of beds in the last few years. The problem we have, very simply, is money, it is an issue of hiring up. And So we have serious resource issues. we are not committing resources in that is a big problem for us. Well, how do we address this issue? this area to the level we need to ac- A second problem we have is that the There will be a supplemental coming complish what is already on the books technology situation is dire, especially through here in a few days—in a in the way of obtaining security along in the area of aircraft, where we are es- week—which is the supplemental to the border. sentially functioning with a fleet of fight the war on terror. Now, it seems Security along the border basically aircraft which has long outlived its to me that probably one of the core ele- breaks down to three basic compo- purposes. ments of fighting the war on terror is nents: First, how many agents, how The average life of the P–3s we have making sure your borders are secure. many feet on the ground do you have in the air should be 20 years, but the I would hope within the limit of that down there? Second, how many beds do average life of the P–3s that are actu- supplemental we would be able to fund you have, so when you find people who ally flying is 40 years. I want to show the capital needs or at least make the are coming across illegally, you can ac- you a picture of the problem we have first downpayment on the major cap- tually control where they are going, so with the P–3s, which basically is the ital needs I have just outlined in the you are not basically catching and re- backbone of our air surveillance. This border areas, specifically: the aircraft, leasing but you can actually hold these is a crack in the bathtub fitting of a P– replace those P–3 aircraft, buy more people and send them back? And third, 3. As a result, last year, we had 11,000 Predators, replace the helicopters, what technologies are necessary in hours of P–3 flight, but this year alone make sure the cars these agents drive order to, first, monitor the border, and we have had to reduce the P–3 flights can go out in the field day after day secondly, evaluate people who are com- by over 1,000 hours because we have had and still work well so we can move the ing into our country as to whether to retrofit these planes. Why? Because agents out into the field, make the cap- they are coming here to participate in they are 40 years old or older, and they ital investments in the buildings nec- our society in a positive way or wheth- should have flown for 20 years. essary in order to take care of these er they are coming here to do us harm? We have the same problem in our hel- people. In all four of those categories—three icopter fleet, where the average life is Mr. President, I ask unanimous consent for 2 additional minutes. categories with a couple subcat- supposed to be 15 years for our heli- The PRESIDING OFFICER. Without egories—we simply have not been able copters. We are flying helicopters objection, it is so ordered. to put the resources in that are nec- which have average lives of 30 years. Mr. GREGG. That is something we essary to get where we want to go. This The same is true of our Beech King should do now. It is something we does not mean we have not tried. In air fleet, where the average life is sup- should do in the context of national de- fact, in the last 2 years, we have in- posed to be 20 years, and they are well fense, and it should be done as part of creased the number of Border Patrol over 30 years. the supplemental. agents by 1,500. That is almost 1,300 These are problems of resources The bigger problem we have is that more than the administration asked which need to be addressed. I will talk when the Homeland Security bill hits for. We added over 2,000 beds to deten- in a second as to how they should be this floor, we are going to have to fig- tion. We have significantly increased addressed. ure out a way to pay for this. The ad- the funding for the surveillance and The third issue in the area of surveil- ministration has proposed we increase technology area, especially in the area lance—we have heard about the Pred- fees on air transportation. Well, air of US–VISIT, which is the program ator, which is the unarmed, in this transportation fees do not necessarily which is essentially going to try to, case, air surveillance system along the line up with Border Patrol needs. In through technology, be able to evalu- border. This is a great breakthrough fact, the Border Patrol needs are not ate people as they come into the coun- for us. We do not have to build a fence affected by air transportation fees. Air try legally and know whether they are along the southern border. Building a transportation fees fund things such as people whom we want to have visit us fence would be the exact wrong mes- TSA. So it is unlikely that fee is going or whether they are people who may be sage to send, in my opinion. There are to occur. But if we do not do it, we are here to do us harm. certain sections where there are heav- going to have a $1.6 billion hole in the But that has not generated the re- ily populated communities where you Homeland Security budget. We cannot sults we need. I wish to go through a are going to have to have some fencing, afford that. We need those extra dol- few statistics which are, unfortunately, but the vast majority of the border lars. So we will have to come up with rather stark but should be talked does not require fencing, should not a way to do that. I am making my about because you are not going to get have fencing. It is the wrong image for commitment to do that. resolution around here unless you talk us as a nation. And with technology, But the reason I wanted to speak about them. we can do a lot. today was to make it clear we can, The first is the issue of border One of the keys to technology is the with additional resources, accomplish agents. We have been increasing the Predator. But we only have one Pred- the first step to border security and to number of our border agents rather sig- ator. We need 18 in order to effectively good immigration policy, which is bor- nificantly over the last couple years, as do the border. So, again, it is an issue der security, which allows us to know I just mentioned, but we also know we of resources, putting resources in this who is coming into this country. It is a need to increase them even further in area. very doable thing. All it takes is re- order to hit what is the goal. With In the area of beds, we know the sources. I believe we should have, as a 20,000 agents on the border, we can ac- States are absorbing a huge amount of Congress, the wherewithal and the will- complish what we need to do relative the costs of basically taking care of the ingness to commit those resources. to boots on the ground. That means we illegal aliens who have been arrested. The PRESIDING OFFICER. The Sen- have to increase—by 1,500, 2,000, 2,000 in We know we do not yet have the beds ator from Illinois.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2559 Mr. DURBIN. Mr. President, first, I never come out of the shadows. They nedy bill says: If you are here undocu- commend Senators MCCAIN and KEN- will stay lurking as part of our culture, mented for a variety of reasons, if you NEDY, who are on the Senate floor. part of our economy in illegal status are here without legal status, there is They have really pointed the way for a indefinitely. Criminalizing them is not a path you can follow. It is a long path, positive resolution of a problem we the answer. a demanding path, but at the end, you have faced for generations in America. Sadly, the bill goes even further. In could end up in a legal position or have The immigration system in our coun- the instance of undocumented people a chance. That is the best approach for try is seriously broken, and we know amongst us, it would subject them to a us to use. it. It is obvious, as we look at the num- misdemeanor subject to 6 months in Let me tell you exactly what the ber of undocumented people in America jail, but it goes much further for the McCain-Kennedy provisions would re- and as we consider, those of us in this Good Samaritans who assist them. quire in this path to legalization. It is line of work, all of the families who That is the most outrageous element of not a free ride. It is not a get-out-of- come to us with problems with the cur- the Frist bill. It is harsh. It is not jail-free card. Let me tell you what you rent system. There is so much unfair- American. would have to do during the course of ness, so much injustice. We can do bet- Consider this for a moment. If a an 11-year commitment on your part to ter as a nation, a nation of immi- priest counsels a mother that she finally reach citizenship: a clean crimi- grants. should remain in the United States nal record, employment since before Now the Senate will face a very clear with her children who happen to have January 2004, remaining continuously and stark choice. Senator FRIST brings been born here and are American citi- employed during this period, paying to the floor an alternative. His is an al- zens, that priest can be found guilty of approximately $2,000 in fines and fees, ternative that focuses on enforcement. an aggravated felony for having coun- passing a security background check, Well, Senator FRIST is not alone in seled her to stay in the United States. passing a medical examination, learn- believing we need to be better at en- In the city of Chicago, which I am ing English, learning U.S. history and forcing the laws of our country. In fact, proud to represent, we have a domestic government, and paying all back taxes. Senator FRIST’s bill and the bill I sup- violence shelter, Mujeres Latinas en If you have complied with all of those port—the one that came from the Sen- Accion. It is in a section known as Lit- requirements, you will go to the back ate Judiciary Committee, supported by tle Village. It is primarily a Mexican of the line behind all applicants cur- Senator SPECTER, the chairman of the section of our city. Some are citizens; rently waiting for green cards. That is committee, inspired by Senators some are not. This domestic violence not an amnesty; that is a demanding MCCAIN and KENNEDY in major part—is shelter brings in battered mothers and process which will test the undocu- a bill which also focuses on enforce- their children to protect them from mented as to whether they really want ment. their abusive, drunken husbands while Both bills double the size of the Bor- to be part of America on a legal and they call the police department. The der Patrol by adding 12,000 new agents. permanent basis. social workers who are standing at the All of us understand—those of us who Both bills strengthen interior enforce- door protecting those mothers and are the sons and daughters of immi- ment of immigration laws by adding children would be subject to being grants—that the people who come to 5,000 new immigration investigators. charged with a felony under the Frist these shores bring a special quality. Both bills would take advantage of new technology to create a ‘‘virtual fence’’ provisions. A nurse who offers to a David Brooks of the New York Times at the border. Both bills would improve mother at a medical clinic the advice has an article which I ask unanimous border controls by expanding entry- that she should bring her child back, consent to print in the RECORD. There being no objection, the mate- exit tracking. Both bills require the without checking to make certain she rial was ordered to be printed in the construction of new vehicle barriers is not undocumented, could be charged RECORD, as follows: and new permanent highway check- with a felony. Is that where we are points near the border. The list goes on headed? Is that the kind of America we IMMIGRANTS TO BE PROUD OF and on. The bills are the same when it want to live in? I don’t think so. (By David Brooks) comes to enforcement at our broken The Senate Judiciary Committee re- Everybody says the Republicans are split borders, as it should be. jected that. Why Senator FRIST con- on immigration. The law-and-order types tinues to offer it, I don’t know. I don’t want to close the border. The free-market But what the Frist bill does beyond types want plentiful labor. But today I want that is what is clearly unacceptable, think it is consistent with the goal we all share. The goal we share is in re- to talk to the social conservatives, because from my point of view, and was unac- it’s you folks who are really going to swing ceptable in the Senate Judiciary Com- pairing the system, better enforcement this debate. mittee. The Frist bill continues the at the borders, better enforcement I’d like to get you to believe what Senator provision that was started in the House when it comes to employment so we Sam Brownback of Kansas believes: that a of Representatives which criminalizes will know if employers are exploiting balanced immigration bill is consistent with those who are here in undocumented the undocumented. That is part of real conservative values. I’d like to try to persuade the evangelical leaders in the tall status and those who help them. That enforcement that will lead to fairness and justice in the way we deal with im- grass to stop hiding on this issue. is where this bill, the Frist bill, crosses My first argument is that the exclusionists the line. That is why it is unaccept- migration. are wrong when they say the current wave of able. This concept was rejected in the There’s another problem with the immigration is tearing our social fabric. The Senate Judiciary Committee and majority leader’s bill. It would do facts show that the recent rise in immigra- should be rejected on the floor of the nothing to address the situation of 12 tion hasn’t been accompanied by social U.S. Senate. million undocumented immigrants who breakdown, but by social repair. As immigra- Think about it for a moment. Are we currently live in our country. We need tion has surged, violent crime has fallen by serious that we are going to charge 12 tougher enforcement, but in the Judici- 57 percent. Teen pregnancies and abortion rates have declined by a third. Teenagers are million people with the crime that ary Committee bill we acknowledge something that the majority leader’s having fewer sexual partners and losing their Senator FRIST would create in his pro- virginity later. Teen suicide rates have vision? Are we saying to people who bill does not: A strategy that focuses dropped. The divorce rate for young people is are here in the United States under a on enforcement only is doomed to fail- on the way down. myriad of different circumstances that ure. Over the past decade we’ve seen the begin- they are going to be treated as crimi- Beyond that, the McCain-Kennedy nings of a moral revival, and some of the nals amongst us? bill, which is an inspired piece of legis- most important work has been done by To what end? To arrest them, to ap- lation, would offer a chance for immi- Catholic and evangelical immigrant church- grants who work hard and play by the es, by faith-based organizations like the Rev. prehend them, to prosecute them, to ´ rules to earn their way to citizenship Luis Cortes’s Nueva Esperanza, by Hispanic incarcerate them? Of course, we can’t mothers and fathers monitoring their kids. do that. With 12 million people, it can’t over the course of many years. This is The anti-immigration crowd says this coun- be done. not an amnesty. Amnesty says we for- try is under assault. But if that’s so, we’re But by branding them as criminals at give you. The McCain-Kennedy bill under assault by people who love their chil- the outset, it is a guarantee they will does not say that. The McCain-Ken- dren.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2560 CONGRESSIONAL RECORD — SENATE March 30, 2006 My second argument is that the immi- grade, which was not unusual in her neighbors, our county and city serv- grants themselves are like a booster shot of time, got married, and a few years ices, our economy, and our environ- traditional morality injected into the body later became a naturalized citizen. Her ment. We deal with the degradation of politic. Immigrants work hard. They build son is now the 47th Senator from the our lands and the demands imposed on community groups. They have traditional our hospitals and other public re- ideas about family structure, and they work State of Illinois. Those stories can be heroically to make them a reality. told over and over. sources. Our current system doesn’t This is evident in everything from divorce Think of the courage of the people protect us from people who want to rates (which are low, given immigrants’ so- who came here, starting with my fam- harm us. It doesn’t meet the needs of cioeconomic status) to their fertility rates ily and others, the courage to leave be- our economy. It leaves too many peo- (which are high) and even the way they shop. hind your village, your church, your ple vulnerable to exploitation and Hispanics and Hispanic immigrants have language, your relatives, your friends, abuse. less money than average Americans, but Throughout this debate, we will be they spend what they have on their families, to come to a country you have never seen before with a language you didn’t reminded that immigration is a na- usually in wholesome ways. According to tional security issue, and it is. It is Simmons Research, Hispanics are 57 percent speak to try to make a better life. So more likely than average Americans to have many of us are so blessed to be here also a matter of life and death for purchased children’s furniture in the past from the start, but others fight night many living along the border. We have year. Mexican-Americans spend 93 percent and day for the chance to come. They hundreds of people flowing across our more on children’s music. don’t just bring another body to be borders every day, an estimated 11 mil- According to the government’s Consumer counted; they bring a spirit. It is a lion to 12 million people living in the Expenditure Survey, Hispanics spend more shadows in every State in our country. spirit of hard work and determination, on gifts, on average, than other Americans. While we believe the majority are creativity, entrepreneurship. It is a They’re more likely to support their parents hard-working people contributing to spirit of family values that we should financially. They’re more likely to have big our economy and society, we can also family dinners at home. treasure. Mr. Brooks says as much in This isn’t alien behavior. It’s admirable be- assume there are some people who his article. want to do us harm hiding among the havior, the antidote to the excessive individ- This is a positive force in the devel- ualism that social conservatives decry. millions who have come here only in opment of America, and it always has search of better lives for themselves My third argument is that good values lead been. We should look at this as a posi- to success, and that immigrants’ long-term and their families. We need new poli- contributions more than compensate for the tive opportunity for America to be a cies that will allow us to concentrate short-term strains they cause. There’s no use stronger nation, a nation that grows in our resources on finding those who denying the strains immigration imposes on the right direction with the right peo- have come here for purposes more dan- schools, hospitals and wage levels in some ple and the right values. gerous than finding a job. markets (but economists are sharply divided The Frist bill is the wrong approach. Last year, when Senators KENNEDY, on this). Criminalizing those who are here, So over the long haul, today’s immigrants BROWNBACK, LIEBERMAN, GRAHAM, MAR- charging those who help them with TINEZ, OBAMA, SALAZAR, and I worked succeed. By the second generation, most im- felonies for simply providing humani- migrant families are middle class and paying together to develop a sensible, bipar- taxes that more than make up for the costs tarian assistance is wrong. It is far bet- tisan and comprehensive immigration of the first generation. By the third genera- ter for us to take the more construc- reform measure, first and foremost tion, 90 percent speak English fluently and 50 tive and comprehensive approach of the among our priorities was to ensure our percent marry non-Latinos. Specter bill that was reported by the bill included strong border security and My fourth argument is that government Senate Judiciary Committee. enforcement provisions. We need to en- should be at least as virtuous as the immi- I reserve the remainder of my time. sure that the Department of Homeland grants themselves. Right now (as under Bill The PRESIDING OFFICER. The Sen- Security has the resources it needs to Frist’s legislation), government pushes im- ator from Arizona. migrants into a chaotic underground world. secure our borders to the greatest ex- The Judiciary Committee’s bill, which Sen- Mr. MCCAIN. Mr. President, I ask tent possible. These include manpower, ator Brownback supports, would tighten the unanimous consent, with the agree- vehicles, and detention facilities for borders; but it would also reward virtue. Im- ment of the Senator from Massachu- those apprehended. But we also need to migrants who worked hard, paid fines, paid setts, to use his time and an additional take a 21st century approach to this their taxes, stayed out of trouble and waited 5 minutes, if necessary. 21st century problem. We need to cre- their turn would have a chance to become The PRESIDING OFFICER. Without ate virtual barriers as well through the citizens. This isn’t government enabling objection, it is so ordered. use of unmanned aerial vehicles, vice; it’s government at its best, encouraging Mr. MCCAIN. First, I thank my ground sensors, cameras, vehicle bar- middle-class morality. friend from Massachusetts for allowing Social conservatives, let me ask you to riers, advanced communications sys- consider one final thing. Women who have me this time. Working with him on tems, and the most up-to-date security recently arrived from Mexico have bigger, this issue has been an experience that technologies available to us. healthier babies than more affluent non-His- I believe will result in benefit to the The border security provisions under panic white natives. That’s because strong country. I appreciate the effort we the leader’s bill and the Judiciary family and social networks support these have made together. Committee’s bill provide sound pro- pregnant women, reminding them what to As we know, the Senate is beginning posals to promote strong enforcement eat and do. But the longer they stay, and the debate on a very important and com- and should be part of any final bill. more assimilated they become, the more bad plex subject that is among the most However, I do not believe the Senate habits they acquire and the more problems their subsequent babies have. difficult and divisive we face. Our Na- should or will pass an enforcement- Please ask yourself this: As we con- tion’s immigration system is broken. only bill. Our experiences with our cur- template America’s moral fiber, do the real Without comprehensive immigration rent immigration system have proven threats come from immigrants, or are some reform, our Nation’s security will re- that outdated or unrealistic laws will people merely blaming them for sins that are main vulnerable. That is why we must never be fully enforceable regardless of already here? act. every conceivable border security im- Mr. DURBIN. Mr. Brooks’ message I begin by commending Chairman provement we make. Despite an in- was addressed primarily to Republicans SPECTER and the members of the Judi- crease in Border Patrol agents from and conservatives, but he spells out for ciary Committee for the considerable 3,600 to 10,000, despite quintupling the all who read it what these immigrant effort they have taken to report a com- Border Patrol budget, despite the em- people bring to America. My mother prehensive immigration reform meas- ployment of new technologies and tac- came to these shores in 1911 at the age ure that could be considered during tics, all to enforce current immigra- of 2. Her mother, my grandmother, this debate. While I am not in agree- tion laws, illegal immigration dras- brought her from Lithuania with her ment with each and every provision, it tically increased during the 1990s. brother and sister. They made to it is a great starting point for the debate. While strengthening border security is East St. Louis, IL, where my grand- Those of us from border States wit- an essential component of national se- father worked in a steel mill. My mom ness every day the impact illegal im- curity, it must also be accompanied by dropped out of school after the eighth migration is having on our friends and immigration reforms.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2561 We have seen time and again that as I have listened to and understand the and imposing no other requirements on long as there are jobs available in this concerns of those who simply advocate them. That is not what we do, Mr. country for people who live in poverty sealing our borders and rounding up President. and hopelessness in other countries, and deporting undocumented workers Under the provisions of our legisla- these people will risk their lives to currently in residence here. tion, undocumented workers will have cross our borders no matter how formi- Easier said than done. I have yet to incentives to declare their existence dable the barriers, and most will be hear a single proponent of this point of and comply with our laws. They may successful. Our reforms need to reflect view offer one realistic proposal for lo- apply for a worker visa. They would be the reality and help us separate eco- cating, apprehending, and returning to subjected to background checks. They nomic immigrants from security risks. their countries of origin over 11 million must pay a substantial fine, pay their We need to establish a temporary people. How do we do that? The col- back taxes, learn English, and enroll in worker program that permits workers umnist George Will quite accurately civic education, remain employed here from other countries to the extent they observed that it would take 200,000 for six years, and then, at the end of are needed to fill jobs that would oth- buses extending along a 1,700 mile long those six years, go to the back of the erwise go unfilled. line to deport 11 million people. That’s line to apply for legal permanent resi- We need workers in this country. assuming we had the resources to lo- dent (LPR) status. I believe most un- There are certain jobs Americans are cate and apprehend all 11 million, or documented workers will accept these simply not willing to do. For example, even half that number, which we don’t requirements in order to escape the today in California and Arizona, food is have and, we all know, won’t ever have. fear, uncertainty and vulnerability to rotting on the vine and lettuce is dying And even if we could exponentially in- exploitation they currently endure. in the fields because farmers can’t find crease the money and manpower dedi- And while those who have come here to workers to harvest their crops. At the cated to finding and arresting undocu- do us harm won’t come out of hiding to same time, resorts in my own State of mented workers in this country, and accept these conditions, we will at Arizona cannot open to capacity be- inventing some deportation scheme on least be spared the Herculean task of cause there are not enough workers to a scale that exceeds all reality, we finding and sorting through millions of clean the rooms. Restaurants are lock- would, by removing these people from people who came here simply to earn a ing their doors because there is no one their jobs, damage the American econ- living. to serve the food or clear the dishes. omy. What are our opponent’s alter- We are facing a situation whereby the Instead, what we have allowed to be natives? Raid and shutter businesses in U.S. population does not provide the in effect is a de facto amnesty, where, every city and state in the country? workers businesses desperately need, for all practical purposes, a permanent Clog our courts with millions of immi- yet the demand for their services and underclass of people live within our gration cases? Offer illegal immigrants products continues. The current immi- borders illegally, fearfully, subser- the not too appealing opportunity to gration system does not adequately viently, vulnerable to abuse and exploi- ‘‘report to deport?’’ We propose a bet- and lawfully address this problem. As tation. Most of these people aren’t ter solution that is consistent with our long as this situation exists without a going anywhere. No matter how much country’s tradition of being a nation of legal path for essential workers to we improve border security. No matter laws and a nation of immigrants. enter the country, we will have des- the penalties we impose on their em- Mr. President, we are aware of the perate people illegally crossing our ployers. No matter how seriously they burdens illegal immigrants impose on borders and living in the shadows of are threatened with punishment. We our cities and counties and States. our towns, cities, and rural commu- won’t find most of them. We won’t find Those burdens, which are a Federal re- nities. That is not acceptable, particu- most of their employers. There are jobs sponsibility, must be addressed. And larly when we are fighting a war on here that Americans aren’t accepting, we need also to face honestly the moral terror. that people in other countries who consequences of our current failed im- The vast majority of individuals at- have no future there will eagerly ac- migration system. tempting to cross our borders do not cept. They will find their way to those As I mentioned previously, immigra- intend to harm our country. They are jobs, and employers who can’t fill them tion reform is a matter of life and coming to meet our demand for labor any other way will employ them. death for some. At this moment, some- and earn money to feed their families. And what of those we do apprehend? one may be dying in the Arizona By the Border Patrol’s own estimates, Do they have children who were born desert. According to border patrol sta- 99 percent of those apprehended coming here? What shall we do with these tistics, 330 people died in fiscal year across the border are doing so for work. Americans—and they are Americans by 2004, and that figure increased by 43 However, the Border Patrol is over- virtue of their birth here—when we de- percent—to 472 deaths—in 2005. As tem- whelmed by these individuals. They port their parents? Shall we build a lot peratures in the deserts get higher and cannot possibly apprehend every cross- of new orphanages? Find adoptive par- the desperation more tangible, we can er being smuggled in, no matter how ents for them? Deny their citizenship only expect the death tolls to increase many resources we provide. That is and ship them back, too? No, Mr. Presi- further this fiscal year. why any immigration legislation that dent, we’ll do none of these things. In October of 2003, the Arizona Re- passes Congress must establish a legal We’ll simply continue our de facto am- public ran a story entitled ‘‘205 Mi- channel for workers to enter the nesty program. Because we all know, grants Die Hard, Lonely Deaths.’’ I United States after they have passed we aren’t going to find and deport so would like to read an excerpt from that background checks and have secured many millions and suffer the disloca- story: employment. Then we can free up Fed- tion and agonizing moral dilemmas [In 2003] the bodies of 205 undocumented eral officials to focus on those individ- that such an impossible task would en- immigrants were found in Arizona. Official uals intending to do harm through gender. So let’s be honest about that, notations of their deaths are sketchy, con- drug smuggling, human trafficking, shall we? tained in hundreds of pages of government and terrorism. The opponents of our attempt to ad- reports. In addition to a temporary worker dress undocumented workers in this Beyond the official facts, there are sometimes little details, glimpses, of the people program for future immigrants, we country decry as amnesty our proposal who died. have to address the fact that 11 to 12 to bring them out from their shadows Maria Hernandez Perez was No. 93. She was million people are living in the United and into compliance with our laws am- almost 2. She had thick brown hair and eyes States illegally, most of them em- nesty. No, Mr. President, it is not. Am- the color of chocolate. ployed, many whose children were born nesty is, as I observed, for all practical Kelia Velazquez-Gonzalez, 16, carried a here and are, therefore, American citi- purposes what exists today. We can Bible in her backpack. She was No. 109. In some cases, stories of heroism or loyalty zens. Our economy has come to depend pretend otherwise, but that doesn’t or love survive. on people whose existence in our coun- make it so. Amnesty is simply declar- Like the Border Patrol agent who per- try is furtive, whose whereabouts and ing people who entered the country il- formed cardiopulmonary resuscitation on a activities in many cases are unknown. legally citizens of the United States, dead man, hoping for a miracle. Or the group

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2562 CONGRESSIONAL RECORD — SENATE March 30, 2006 of migrants who, with law officers and para- at this very moment, there are fighting we will take up those issues. Then in medics, helped carry their dead companion for us in Iraq and Afghanistan soldiers the course of floor debate next week, out of the desert. Or the husband who sat who are not yet American citizens but we will modify that section, depending with his dead wife through the night. who have dreamed that dream, and upon what we hear and what we decide Other stories are almost entirely lost in the desolate stretches that separate the have risked their lives to defend it. to do. United States and Mexico. They should make us proud, not self- Mr. President, I ask that Senator Within weeks, the heat makes mummies ish, to be Americans. LEAHY, the distinguished ranking out of men. Animals carry off their bones They came to grasp the lowest rung member, be listed as the original co- and belongings. Many say their last words to of the ladder, and they intend to rise. sponsor. an empty sky. Let them rise. Let them rise. Let us The PRESIDING OFFICER. Without John Doe, No. 143, died with a rosary encir- take care to protect our country from objection, it is so ordered. cling his neck. His eyes were wide open. harm, but let us not mistake the Mr. SPECTER. Mr. President, the I am hopeful that at the end of this strengths of our greatness for weak- schedule, as agreed to, will call for con- debate in the weeks ahead, we can nesses. We are blessed, bountiful, beau- tinued debate. The majority leader, show the American people that we ad- tiful America—the land of hope and op- Senator FRIST, will have an amend- dressed a serious and urgent problem portunity—the land of the immigrant’s ment to offer involving the subject of with sound judgment, honesty, com- dreams. Long may she remain so. deaths at the border. It is anticipated mon sense and compassion. Mr. President, I yield the floor and I that there will be a 3 o’clock vote on There are over 11 million people in suggest the absence of a quorum. the Frist amendment and that there this country illegally. They harvest The PRESIDING OFFICER (Mr. GRA- will be an allocation and scheduling of our crops, tend our gardens, work in HAM). The clerk will call the roll. time for debate until 5 o’clock. our restaurants, care for our children, The assistant legislative clerk pro- Yesterday I urged Senators to file clean our homes. They came as others ceeded to call the roll. their amendments, to make them before them came, to grasp the lowest Mr. SPECTER. Mr. President, I ask known to the ranking member, Senator rung of the American ladder of oppor- unanimous consent that the order for LEAHY, and myself, so we could sched- tunity, to work the jobs others won’t, the quorum call be rescinded. ule debate. We have a prodigious task and by virtue of their own industry and The PRESIDING OFFICER. Without ahead of us. We are scheduled for a 2- desire, to rise and build better lives for objection, it is so ordered. week recess beginning at the close of their families and a better America. AMENDMENT NO. 3192 business a week from tomorrow. It is That is our history, Mr. President. We Mr. SPECTER. Mr. President, yester- going to be a daunting task to finish are not a tribe. We are not an ethnic day Senator FRIST spoke about his bill this bill on that schedule, but we have conclave. We are a Nation of immi- and I spoke about the committee bill. undertaken daunting tasks before and grants, and that distinction has been We said that today, after there had succeeded. That can be done only if we essential to our greatness. been speeches, at approximately noon, have cooperation from Members. Yes, in this post 9/11 era, America I would propose an amendment that I ask Members who have amendments must enforce its borders. There are would be the committee bill. to consider at the outset time agree- people who wish to come here to do us I send an amendment to the desk and ments so we can move ahead. I give no- harm, and we must vigilantly guard ask for its immediate consideration. tice to my colleagues that in order to against them, spend whatever it takes, The PRESIDING OFFICER. The complete this business, we are going to devote as much manpower to the task clerk will report. have to hold the voting time to 15 min- as necessary. But we must also find The assistant legislative clerk read utes, plus the 5-minute leeway, but we some way to separate those who have as follows: are not going to allow the votes to run come here for the same reasons every The Senator from Pennsylvania [Mr. SPEC- 25 minutes, 30 minutes, 21 minutes. We immigrant has come here from those TER] proposes an amendment numbered 3192. are going to move ahead under the who are driven here by their hate for Mr. SPECTER. Mr. President, I ask rules of the Senate. us and our ideals. We must concentrate unanimous consent that further read- As I say, it is a prodigious job to get our resources on the latter and pering of the amendment be dispensed finished by next Thursday night or on suade the former to come out from the with. Friday. The temper of the Senate is to shadows. We won’t be able to persuade The PRESIDING OFFICER. Without try to finish on a Thursday late before them if all we offer is a guarded escort objection, it is so ordered. a recess, but to do that we are going to back to the place of hopelessness and (The amendment is printed in today’s have to have a lot of cooperation to injustice that they had fled. RECORD under ‘‘Text of Amendments.’’) avoid a Friday session or, depending on Why not say to those undocumented Mr. SPECTER. Mr. President, as the will of the leader, a session beyond workers who are working the jobs that noted, this amendment will put before Friday into the weekend, if necessary, the rest of us refuse, come out from the the Senate the bill which was passed to complete this bill. shadows, earn your citizenship in this out of the Judiciary Committee on I suggest the absence of a quorum. country? You broke the law to come Monday. There is one modification. The PRESIDING OFFICER. The here, so you must go to the back of the There is a title which remains as to ju- clerk will call the roll. line, pay a fine, stay employed, learn dicial review, and for procedural pur- The assistant legislative clerk pro- our language, pay your taxes, obey our poses, we have left the title in as to ju- ceeded to call the roll. laws, and earn the right to be an Amer- dicial review. But it is my intention to Mr. ALEXANDER. Mr. President, I ican. Riayen Tejada immigrated to modify that, depending upon what the ask unanimous consent that the order New York from the Dominican Repub- hearing discloses on Monday. for the quorum call be rescinded. lic. He came with two dreams, he said, As is known, we worked under con- The PRESIDING OFFICER. Without to become an American citizen and to siderable time pressure. The leader objection, it is so ordered. serve in the United States Marine wanted a bill reported out on Monday. Mr. ALEXANDER. Mr. President, I Corps. He willingly accepted the obli- People came back from recess early, understand the majority leader may be gations of American citizenship before and people were in town on Sunday coming soon and, if he does, I will sus- he possessed all the rights of an Amer- night so we could start Monday morn- pend my remarks so he may be recog- ican. Staff Sergeant Tejada, from ing, which we did at 10 o’clock, and nized and hope that after he is recog- Washington Heights by way of the Do- worked through until 1 p.m., and then nized, I can continue with my remarks. minican Republic, the father of two from 2 p.m. until past 6 p.m. This week, the Senate begins an young daughters, died in an ambush in The section on judicial review was overdue reform of our immigration Baghdad on May 14, 2004. He had never not subject to debate because the laws. The Chair has been in the middle fulfilled his first dream to become a chairman’s mark had a consolidation of that and is making contributions to naturalized American citizen. But he of the Federal circuit. We had consider- it. Because nearly 10,000 illegal aliens loved this country so much that he able debate about that, so we have cross the United States border every gave his life to defend her. Right now, scheduled a hearing for Monday where day, more than 3 million a year, we

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2563 should start—start—with border secu- and it is dangerous to our security not that makes it easy for unskilled work- rity. But then, once we secure the bor- to control our own borders. ers to come here illegally and harder der and can uphold our limits on immi- There is no apology to be made for us for the brightest people to come here gration, we should get quickly back to as Americans insisting on the principle legally. That is why it is my hope this the American tradition of creating a of the rule of law, just as there should comprehensive immigration bill we are legal status for those whom we wel- be no other hesitancy about other prin- considering will have in it the ideas come to temporarily work and study in ciples, such as welcoming those who that would make it easier, modestly the United States and who, by doing so, temporarily work here and study here. easier, for a larger number of highly enrich our diversity and spur our econ- So the principle of the rule of law is skilled people to come here and help us omy. But my purpose today is to make not the only principle that is at stake create better jobs. sure we don’t stop there, that we don’t in this debate. We create a legal status For example, there are two rec- overlook, as Paul Harvey might say, for those from other countries whom ommendations that were made in the ‘‘the rest of the story,’’ the rest of the we welcome to temporarily study and document called ‘‘Rising Above the immigration story; that is, helping work here because of the principle, Gathering Storm,’’ by the National prospective citizens who are legally first, of equal opportunity, because we Academy of Sciences panel, headed by here become Americans. are a nation of immigrants; that is a Norm Augustine. This was a set of 20 Joined by Senators CORNYN, ISAKSON, part of our character, and because we recommendations that was made to us COCHRAN, SANTORUM, FRIST, and founded our economy upon the prin- in Congress by this distinguished panel MCCONNELL, I have introduced S. 1815, ciple of laissez faire. In other words, we last summer in answer to our question: the Strengthening American Citizen- are a free market economy. What should we do to keep our advan- ship Act that is indispensable to any So there are three more principles we tage in science and technology so that comprehensive immigration bill. This need to throw into the mix along with our good-paying jobs don’t go to India legislation I plan to offer as an amend- the rule of law: equal opportunity, a and China? ment at the appropriate time during nation of immigrants, laissez faire. They told us 20 things to do. Two of this debate would help legal immi- We may be outsourcing jobs, but for the things to do had to do with making grants who are embarked on a path to- years we have won our wars and built it easier for the most intelligent people ward citizenship to learn our common our economy by ‘‘insourcing’’ brain in the world to work and study and do language, to learn our history, and to power. Wernher von Braun and his col- research here. One of the ideas would learn our way of government by the leagues from Germany helped us in the be to give a green card, a permanent following steps: space race against the Soviets. Sixty residency card, to any student from No. 1, providing them with $500 percent of the American winners of overseas who earns a doctorate in grants for English courses; No. 2, al- Nobel Prizes in physics are immigrants mathematics, engineering, technology, lowing those who become fluent in or children of immigrants. Sixty per- or the physical sciences. Those persons English to apply for citizenship 1 year cent of the postdoctoral students at could stay here and help improve our early; that is, after 4 years instead of 5; our universities in America are foreign standard of living. next, providing grants to organizations students. There are 572,000 foreign stu- For example, at the Oak Ridge Na- to offer courses in American history dents studying at colleges and univer- tional Laboratory in Tennessee, the and civics; next, authorizing a new sities in the United States. While they largest science laboratory in the foundation to assist in these efforts; are here, these students and research- United States of America, the director, next, codifying the oath of allegiance, ers from other countries help create a the assistant director, and the head of which new citizens swear when they higher standard of living for us Ameri- our United States effort to recapture are naturalized. It is an oath of alle- cans, and when they go home they ex- the lead in supercomputing in the giance that is very much like the oath port our values better than any foreign world—those jobs are all filled by peo- of allegiance George Washington and aid ever has. ple from other countries who have his officers took at Valley Forge in In addition, many of the workers our green cards, who are here helping us 1778, about which I am going to have economy needs to grow come from improve our standard of living. So we more to say. neighboring countries. I asked my staff are glad they are here, and we should In addition, our amendment would to see if I could get an estimate of how make it easier for such people to come. ask the Homeland Security Depart- many visas we have on the books today Craig Barrett, the head of Intel, esti- ment, working with the National Ar- for workers coming to the United mates if we were to adopt this provi- chivist and others in our Government, States from other countries. As best we sion, that would mean perhaps 12,000 to to carry out a strategy to highlight the can tell, we have about 500,000 visas of 15,000 additional doctoral students in ceremonies, such as the one the Presi- different forms that may be issued each math, engineering, technology, or dent attended this week, in which im- year, of one kind or another, to un- physical sciences, once they earn their migrants become American citizens; fi- skilled and skilled people who come to degree, can stay in the United States. nally, our amendment would establish our country. Add that to the 572,000 The other provision was at one point an award to recognize the contribution foreign students who study in our in the Judiciary Committee mark. It of outstanding new American citizens. country and we have today a large may still be there. But it takes the cap Harvard political scientist Samuel number of people from other parts of off some categories of highly advanced Huntington has written that most of the world who are here, enriching our people who have earned an advanced our politics is about conflicts among country and improving our standard of degree in science, technology, engi- principles that unite us as a country. living. neering, and math. It is simply in our More than any other subject we might I ask unanimous consent that this own interest to do that. It continues a discuss, this immigration debate will list of visas for workers coming to the long tradition and is one more example involve the basic principles of what it United States from other countries of why we already have a tradition of means to become an American. That is each year be printed in the RECORD fol- welcoming workers and students who why we begin the debate with border lowing my remarks. temporarily work here. security, not because we are pro-immi- The PRESIDING OFFICER. Without So we have at least four principles at grant or anti-immigrant. That is not objection, it is so ordered. play that I have talked about: The rule what we are talking about. We begin (See exhibit 1.) of law, equal opportunity, laissez faire, the debate with border security be- Mr. ALEXANDER. Mr. President, and we have the characteristic of our cause as Americans we believe in the these temporary students and workers country being a nation of immigrants. principle of the rule of law. have helped us create an economy that But there is another principle that I It is hypocritical for us in the United last year produced 30 percent of the believe is the single most important States of America to preach to the world’s wealth for us Americans alone, principle we have in this debate and it world about the rule of law, yet thumb who constitute just 5 percent of the is the one that is engraved above the our nose at the 12 million people who world’s population. It makes no sense chair of the Presiding Officer. It is the live here illegally. It is hypocritical for us to have an immigration system motto of this country: E pluribus

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2564 CONGRESSIONAL RECORD — SENATE March 30, 2006 unum. Our work will not be complete The language in the oath immigrants It is hard to imagine becoming until we help prospective citizens be- take today comes from that oath in French or becoming British or becom- come Americans because our country’s 1778. It says in effect: I may be proud of ing Japanese or Chinese or German, for greatest accomplishment is based upon where I come from, but I am prouder of that matter. On the other hand, to be a that principle. That is, we have united where I am. In both the last session of citizen of this country, one must be- people from many different back- Congress and in this session, Senator come an American. We should be wise grounds into one nation based upon the SCHUMER and I introduced legislation, enough to take a lesson from the dif- belief in a few ideas, rather than upon S. 1087, to put the wording of the oath ficulties of our friends overseas and re- race, ancestry, or background. of allegiance derived from this into double our effort to help new citizens Of all the principles we will be debat- law, giving it the same dignity as the become Americans. This is, of course, ing in these next 2 weeks, none is more Star Spangled Banner and the Pledge one more reason to control our bor- important than that one chosen as our of Allegiance. ders—so that we know who is coming national motto, the one carved in stone Becoming an American is also a from other countries and can help above the desk, E pluribus unum: one unique experience because it has noth- those who legally choose to stay here from many. ing to do with ancestry. America is an to become Americans. We are not here dividing sides up on idea, not a race. We are united by prin- We Americans have always under- who is pro-immigrant and who is anti- ciples expressed in our founding docu- stood that perhaps the most important immigrant. We are here saying we have ments, the very principles we are de- limit on how many new citizens our 5 important principles we all believe in bating in this immigration legislation, country can successfully absorb de- that unite us as Americans, from rule not by our multiple ancestries. pends upon how many can be assimi- of law to equal opportunity to E Americans enjoy more rights than lated as Americans. Robert Putnam pluribus unum. We are trying to put the citizens of any nation on the face has written in the book ‘‘Bowling those together in a sensible way. That Alone’’ how at the beginning of the is what our politics is about. That is of the Earth and our Founders recog- most of what we do in the Senate and nized, as every citizen and prospective 20th century, when America experi- that is what the people expect us to do citizen must, that along with those enced an influx of foreigners about as today. Each year we welcome about 1 rights come responsibilities. The new great in terms of percentages as that of million permanent new legal residents, citizens, like those who came before, today, the Nation took seriously the many of whom go on to become citi- must appreciate this simple but funda- issue of assimilation. It was during this zens. I am now talking about people mental truth: In a free society, free- time that civic organizations such as who are legally in the United States of dom and responsibility go hand in the Boy Scouts and the Girl Scouts and America. hand. the Rotary Clubs were launched. Many To become an American is a signifi- Some have suggested our diversity is industries had programs that taught cant accomplishment. First, you must what makes our country great. English and history to foreign workers. live in the United States as a legal per- To be sure, diversity is one of our The most important agent of assimila- manent resident for 5 years. Next, you great strengths, but diversity is not tion was the common school, what we must learn to speak English, our com- our greatest strength. Jerusalem is di- call today the public school. mon language. Next, you must learn verse. The Balkans are diverse. Iraq is The late Albert Shanker, president of about our history and Government. diverse. The greatest accomplishment the American Federation of Teachers, Since we are united by ideas rather of the United States of America is that said the public school was created than the color of our skin, one has to we have molded that magnificent di- largely ‘‘to teach immigrant children learn these ideas to become a citizen. versity into one nation, based upon a reading, writing, and arithmetic—and Next, you must swear an oath and reset of common principles, language, what it means to be an American.’’ nounce the government of the country and traditions. Yet today U.S. history is not as im- from which you came and then swear That is why the words above the desk portant a part of the school curriculum allegiance to the United States of of the Presiding Officer say one from as it once was. As a result, high school America. many, not many from one. And that is seniors score lower on U.S. history Those are pretty strong words—re- why a comprehensive immigration bill than on any other subject. I have nounce the government of the country is not complete unless we help prospec- worked with Senators KENNEDY, BYRD, from which you came and swear alle- tive citizens who are legally here be- REID, and a number of others to help giance to the country to which you are come Americans. put the teaching of American History going. Where does that come from? We could look to Great Britain and and civics back in its rightful place in This is where it comes from. This oath France to remind us of how fortunate our schools so our children can grow up dates back to May 12, 1778, when Gen- we are to have had two centuries of learning what it means to be an Amer- eral George Washington and the gen- practice helping new citizens become ican. eral officers at Valley Forge signed an Americans. Last August, when he an- But while we are teaching our chil- oath very similar to the one taken by nounced a number of measures regard- dren more about what it means to be the 30 citizens the President swore in ing British citizenship, Prime Minister an American, we should also be step- on Monday, the oath that more than Tony Blair said: ping up efforts to help the 500,000 to 1 500,000 new American citizens took last People who want to be British citizens million permanent legal residents who year in hundreds of naturalization should share our values and our way of life. are living legally among us and who ceremonies all over America. These new rules were spurred by the will this year become American citi- Here is a portion of the oath Wash- terrorist attack in London in which zens. ington and his general officers swore: four young men, three of whom were During these next 2 weeks, we should I, George Washington, Commander in Chief the British-born children of Pakistani enact legislation to secure our borders. of the armies of the United States of Amer- immigrants, bombed the London sub- That honors the principle of the rule of ica, do acknowledge the United States of way system. law. Then we should create a legal sta- America to be Free, Independent, and Sov- tus for the workers and the students we ereign states, and declare that the people France is facing a similar period of self-examination on integrating immi- welcome here to help increase our thereof owe no allegiance or obedience to standard of living, as well as to support George the Third, King of Great-Britain; and grants and the children of immigrants I renounce, refuse and abjure any allegiance following violent civil unrest this last our values. That honors the principle or obedience to him; and I do swear that I November. that we are a nation of immigrants, will to the utmost of my power, support, According to the French Ambas- that we believe in equal opportunity, maintain and defend the said United States sador: and that we believe in a free market, of America. . . . laissez faire. But we should not com- These teenagers feel alienated and dis- Those were remarkable words then. criminated against both socially and eco- plete work on a comprehensive immi- Those were remarkable words on Mon- nomically. They don’t want to assert their gration bill without remembering why day, when those 30 new citizens stood difference. They want to be considered 100 we have placed that three-word motto up and said the same thing. percent French. above the Presiding Officer’s chair,

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2565 without remembering that our unity I was very impressed with the way VISAS FOR WORKERS COMING TO THE UNITED STATES did not come without a lot of effort, our class 4 years ago at that university (PER YEAR)—Continued without noticing lessons from overseas dealt with the issue of immigration. It that remind us that it is more impor- had a similar problem to the one we Type of Visa Number per Year (cap) tant today than ever to help prospec- are facing. They considered all the H–2A (Temporary Ag Workers) ...... no cap, but averages only tive citizens become Americans. principles. It was not considered to be 30,000 H–2B (Temporary, non-skilled, non-ag) land- 66,000 In the spring of 2002, 4 years ago, a pro-immigration or anti-immigration scaping, construction, etc. when Senator Fred Thompson decided result. It was a discussion about prin- H–1B (Professional Skilled Workers) ...... 65,000 L Visa (intercompany transfers) Executives no cap, has grown to not to run for reelection, my job then ciples in which we all agree, which col- and employees with specialized knowl- 123,000 in 2005 was on the Harvard faculty at the Ken- lide, and it was up to the students in edge of a company’s product (and their nedy School of Government. I was that class to come to a solution which families). teaching a class I created there called was principled. Total ...... ≈424,000 the American Character and America’s That is our job in this body. We need Note.—Due to lack of applicability to the illegal population, this analysis Government. Matt Sonnesyn, who is to let the American people know that does not include more obscure temporary visa categories, such as foreign diplomats, religious workers, athletes, entertainers, ‘‘treaty traders or inves- my senior policy adviser today, was my we honor each of the principles that we tors,’’ press, etc. All told, these additional categories would total about course assistant at the time. talk about today. We should not step 100,000 additional visas. In that course, we looked at the back one inch from honoring the prin- Mr. ALEXANDER. Mr. President, I kinds of issues that Senators might ciple of the rule of law, but we ask unanimous consent that Senator deal with. I had no idea at the time shouldn’t be hesitant for one minute to FRIST and Senator MCCONNELL be that I might be a Senator. We tried to welcome those who work here and added as cosponsors to S. 1815, the identify the principles that each of the study here because we also honor the Strengthening American Citizenship problems raised. In other words, we principle of equal opportunity, being a Act. recognized that since we are a nation nation of immigrants and the free mar- united by principles, we wanted to be ket economy that we are. The PRESIDING OFFICER. Without able to understand the principles and I hope before we are through in these objection, it is so ordered. have a principled discussion when we 3 weeks that we will do as the students Mr. ALEXANDER. Mr. President, I got issues like school choice or support did 4 years ago and realize that above yield the floor and suggest the absence for faith-based institutions. all, when we talk about immigration, of a quorum. Perhaps the issue that created the about people coming to this country, The PRESIDING OFFICER. The most discussion in our class that se- that what is distinctive about America, clerk will call the roll. mester was a question that was pre- what is our greatest accomplishment, The legislative clerk proceeded to sented in this way: Should illegal im- is not that we can figure out a way to call the roll. migrants in the State of Illinois have create laws and virtual laws to control Mr. ALEXANDER. Mr. President, I State driver’s licenses? our borders, not that we can come up ask unanimous consent that the order The President of Mexico, Vicente with some mathematical number of for the quorum call be rescinded. Fox, had come to Chicago and asked people who can work and study here, The PRESIDING OFFICER (Mr. VIT- the Illinois legislature to do that. but what we have been able to do that TER). Without objection, it is so or- If one of my students had stood up France has not done, that Great Brit- dered. and said: I have a pro-immigrant or an ain has not done, that China and Ger- anti-immigrant solution to this prob- many have not done—no country in the Mr. ALEXANDER. Mr. President, on lem, that student would probably have world has ever done the way we have— behalf of the leader, I ask consent that earned an F because I asked them to is that we have taken people from all at 3 p.m. today, the Senate proceed to identify the principles that this issue different backgrounds and said we are vote in relation to the Frist amend- raised. This was a typical university the United States of America. And to ment at the desk related to a study on class of pretty smart students in an become an American you believe in deaths on the border; provided further area where more of the students are to ideals, and it doesn’t matter where you that no amendments be in order prior the left, I would say. There were sev- come from, what your race is, what to that vote. eral refugees from the recent Clinton your background is. The PRESIDING OFFICER. Without administration, there were some inter- It is important that we keep that up objection, it is so ordered. national students, and there were stu- front, that we honor our diversity but Mr. ALEXANDER. Mr. President, I dents from all over our country of more important that we can be proud ask unanimous consent that the time many races and backgrounds. of where we come from but prouder before the vote be allocated as follows: But the first issue this class raised where we are; that we honor the oath the next 30 minutes beginning at 1:20 when considering the question of driv- of allegiance that our amendment will be under the control of the Democratic er’s licenses for illegal immigrants in seek to make law, where George Wash- leader or his designee; the following 30 Illinois was the principle of the rule of ington and his officers said we put minutes be under the majority control; law. Then we went right through the aside where we came from—we may the next 30 minutes be under the con- other principles that I have just dis- honor it, we may be proud of where we trol of the Democratic side; and finally cussed today. And a little bit to my may go to reunions and talk about it, that the remaining time before the surprise, this class came down very but we are Americans. vote be equally divided between the hard on the idea that, of all the prin- That is the most important subject two sides. ciples considered, the principle of rule for an immigration debate, and this The PRESIDING OFFICER. Without of law required no driver’s licenses for bill will not be complete without it. objection, it is so ordered. people not legally here. I look forward to offering an amendment at the appropriate time that adds Mr. ALEXANDER. Mr. President, I They came to that conclusion quick- suggest the absence of a quorum. ly. But they also came quickly to the to our discussion of helping prospective The PRESIDING OFFICER. The conclusion that in a country that al- citizens become Americans. This would clerk will call the roll. ways values equal opportunity, laissez be the only country in the world in faire, and a nation of immigrants, that which such an amendment would have The legislative clerk proceeded to we should have clear rules for wel- that kind of meaning. call the roll. coming people who are temporarily EXHIBIT 1 Mrs. MURRAY. Mr. President, I ask working here and temporarily studying unanimous consent that the order for here, that there should be generous al- VISAS FOR WORKERS COMING TO THE UNITED STATES the quorum call be rescinded. lotments for that, that it was in our in- (PER YEAR) The PRESIDING OFFICER. Without terest. They also spent a lot of time Type of Visa Number per Year (cap) objection, it is so ordered. talking about those three words above Mrs. MURRAY. Mr. President, the ‘‘Green Card’’ or legal permanent residency 140,000 the Presiding Officer’s chair, about includes exceptional, skilled, and un- Senate is now engaged in a spirited de- how can we help all those who were skilled workers (NOTE: a number of these bate about reforming our immigration folks originally came to the U.S. under here legally to learn what it is to be an H–1B or L, but then applied to become policy. I rise today to share my per- American. permanent; see below). spectives and my priorities.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2566 CONGRESSIONAL RECORD — SENATE March 30, 2006 Let’s remember, though, that this is have emerged. Federal agents are ar- affordable housing. That can mean not just about immigration; it is about resting more people for smuggling and families are trapped living in unsafe or the type of country we want to be, other crimes, but the Feds are just substandard housing. We also have to what we stand for, and what type of fu- handing those suspects over to local of- address the housing challenges in agri- ture we all want to build. It is easy to ficials for holding and prosecution. As cultural communities. For several get caught up in the specifics of one a result, communities like Whatcom years, I have been working on a farm- policy or another, but I encourage my County on the foreign border are strug- worker housing initiative to help ad- colleagues to not lose sight of the big- gling to deal with the huge new burden dress a tremendous shortage of safe ger picture. This debate touches nearly of Federal prosecutions. Whatcom and affordable housing for the people every aspect of American life, from our County is spending $2 million a year to who work on our farms. economy to security, from our class- process federally initiated cases. All of these experiences—the north- rooms to our workplaces. Whatcom County is not being reim- ern border, agriculture, education, I know there is a lot of pressure to do bursed, but communities along the labor needs, and housing—help inform something about immigration, espe- southern border are. That is not fair, me on my view on immigration policy. cially in an election year, but if we do and it is something I am working to I believe from that, that we need a ho- the wrong thing, it will have a painful correct. listic approach. effect on millions of families, on our Washington State understands the Enforcement is important. Securing economy, and on our future for genera- importance of border security. I believe our borders is important, but if we tions to come. Let’s take the time to any bill we pass has to treat the north- leave out things such as education and do it right. Perhaps the biggest mis- ern border fairly. job training, if we ignore the tools fam- take we could make is to think that Our communities need help to com- ilies need to rise above their cir- addressing enforcement alone will cre- bat the scourge of drugs and violence cumstances and build a better life, we ate the changes we want to see. that accompany rampant smuggling will be missing the big picture and we I approach this debate with a clear operations. We cannot wait until a ter- will be throwing away the ladders of understanding of what is at stake, rorist tries to move a dirty bomb success generations of Americans have frankly, with some skepticism that across our northern border. relied on to make their families and, Congress can achieve this delicate bal- Washington State also has a great subsequently, our country stronger. ance in a heated political environment. stake in how immigration reform af- Comprehensive immigration reform But I will keep pushing for the right fects one of our largest industries—ag- should do seven things: it should im- policies. These policies are based on riculture. We rely on immigrants to prove enforcement; it should treat the my own personal experiences, on people harvest the crops that put food on our northern border fairly; it should in- who have shared their life experiences table and bring our State billions of clude a guest worker plan which in- with me, and on the unique perspective dollars a year in economic activity. cludes a path to citizenship; it should Washington State provides. Last week in Moses Lake, WA, I heard provide a path forward so that people Washington State does have a lot at personally from farmers and orcharders who are here have an opportunity to stake in this debate over immigration who had to leave fruit on the trees last become citizens and realize the Amer- reform. I have led discussions around season because they could not get ican dream; it should protect the rights my State with key stakeholders who enough help to pick it fast enough. of victims and refugees; it should not have experiences in areas such as bor- This costs our farmers and our entire turn into criminals those compas- der security, labor needs, agriculture, State economy. sionate souls who care for their education, and housing that have all Already, many farmers have told me wounds, teach their children, or feed helped form my perspective. that the 2005 season was the worst sea- their families; and finally, it should First of all, Washington State is a son they have had in trying to get the provide the resources to help families border State. We know the dangers of employees they needed. It is estimated rise above their circumstances through an insecure border. For years, I have that 700,000 undocumented workers are education and training. fought Federal policies that steered living in Washington State. That Let me take a minute to talk about critical resources away from the north- means Washington State has the high- each of these priorities. ern border to the southern border. Year est per capita concentration of undocu- First of all, we should improve our after year, I have fought budgets that mented workers of any State in the Na- enforcement, and that means providing were biased against the needs at our tion. We know how important laborers personnel, equipment, facilities, and northern border. My border commu- are for our economy. resources to enforce our borders. In the nities have struggled with inadequate Washington State public schools and wake of September 11, security at our staff, equipment, and facilities. Trag- universities are also impacted by our borders and enforcement of our immi- ically, it took the September 11 at- Nation’s immigration policies. I hope gration rules are now more critical tacks to finally get the Federal Gov- we can all agree the children of immi- than ever. That is why I have pushed ernment to listen to what we had been grants deserve a decent education for years to hire more Border Patrol saying all along: you cannot keep which builds our communities and our agents, deploy more resources along America secure if you shortchange the economy. the border, including the northern bor- northern border. For years, I have worked to increase der air wing, and to make sure we are Since then, we have made some educational opportunities for all stu- using the latest technology to secure progress. I have worked with Chairman dents living in this country. I am a our Nation’s borders. We must con- GREGG and others to secure the money proud supporter of the Dream Act, tinue to make investments in securing to triple the number of agents along which helps make higher education our border and protecting ourselves our northern border. I helped to fund more accessible to the children of im- from those who seek to do us harm. the northern border air wing that is in migrants. I have been proud to cele- Second, we have to treat the north- my State to patrol our skies and to brate with young students through the ern border fairly. We will not be short- provide enforcement and surveillance. I Latino Educational Achievement changed as we have in the past. If we should note that we still need to ex- Project and other organizations in my are going to secure our borders, we tend their patrol hours beyond just 40 home State of Washington that break cannot leave the northern border be- hours a week. down barriers to education. Our edu- hind. We have made progress but not near- cational policies have to ensure that Third, immigration reform should in- ly enough. Just this week, we learned immigrants and the children of immi- clude a guest worker plan to keep our that Federal investigators were able to grants are not denied the opportunity economy moving forward. We have tre- smuggle parts for a dirty bomb across to share in the American dream. mendous labor needs in our country, the northern border into Washington Housing is another area that is con- especially in labor-intensive fields such State. That is unacceptable. nected to our immigration policy. as agriculture. Our economy cannot As we have increased enforcement at Many communities in Washington survive without access to the workers the northern border, new challenges State are struggling with the lack of we need. A responsible guest worker

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2567 program can help address our country’s We also need to invest in workforce availability of crystal methamphet- economic needs. As one farm leader in training. All of our citizens should amine has increased throughout Colo- my State put it, we need reform, but have the opportunity to increase their rado. In recent years, Colorado has we cannot commit economic suicide in skills and earning power and achieve a seen a significant increase in the the process. greater share of the American dream. amount of methamphetamine, cocaine, I am cosponsor of the bipartisan We need to invest in health care and and marijuana being imported, stored, AgJOBS bill which allows current secondary education if this path to and distributed in the area. The use workers to retain citizenship and earned citizenship will truly allow all and abuse of this drug has spread be- which would set up a guest worker proof our neighbors to participate in the cause of the availability of high-qual- gram that will really work. I hope we American dream, while also allowing ity imported methamphetamine. can follow a similar path. But what- our economy to grow. According to the DEA, the Drug En- ever we do, we can no longer tolerate a We are not talking about charity for forcement Agency, over half of the system that expects our farmers to be someone else. We are talking about in- methamphetamine available in Colo- experts in document verification. Our vestments that help every American rado is manufactured abroad and traf- farmers should not be turned into family achieve their dreams. ficked across our borders illegally. The criminals. Throughout our history, the United Colorado Drug Investigators Associa- One option is to provide a way to States has been a beacon of hope for tion agrees, stating that most of the electronically verify someone’s iden- people throughout the world. That methamphetamine available in Colo- tity. If we pursue that approach, we light shines as bright today as it ever rado is produced abroad or comes from must not put a new financial burden on has. As we work here to reform our im- large-scale laboratories in California. our farmers who are just trying to fol- migration policy, let’s make sure our In recent years, the potency of meth- low the law and do the right thing. actions reflect our security, our econ- amphetamine produced in other coun- We have to establish a realistic sys- omy, and the opportunity America has tries has risen dramatically. tem that allows employers to legally offered generations of immigrants. The Department of Justice cites that hire the help they need. And agri- Let’s take the time to get this right. domestic methamphetamine produc- culture is not the only sector that Our country’s future depends on it. tion is decreasing. National Clandes- would be affected by these proposals. It Thank you, Mr. President. I yield the tine Laboratory Seizure System num- would also affect the construction and floor. bers demonstrate that the number of hospitality industries as well. Mr. President, I suggest the absence reported methamphetamine laboratory Fourth, immigration reform should of a quorum. seizures is on the decline. In fact, Colo- provide hope and a path forward for a The PRESIDING OFFICER. The rado lab seizures from 2003 to 2004 fell resident to be able to earn—earn—legal clerk will call the roll. by more than half. status. The legislative clerk proceeded to Fifth, any legislation must protect However, methamphetamine avail- call the roll. the rights of victims and refugees to ability within our borders is not likely Mr. ALLARD. Mr. President, I ask access the courts. Over the years, we to decline because of increased produc- unanimous consent that the order for have worked to protect victims and ref- tion outside of U.S. borders. Produc- the quorum call be rescinded. ugees, but if we enact an expedited re- tion abroad has offset recent declines The PRESIDING OFFICER. Without moval process, we could undo all that in domestic production. Foreign objection, it is so ordered. work and cause tremendous human sources of methamphetamine appear to Mr. ALLARD. Mr. President, I ask pain. We have worked very hard be increasing domestic supplies. unanimous consent to speak for 5 min- through the Violence Against Women According to estimates from the utes under Republican time. Act to protect victims no matter where DEA, an alarming two-thirds of the The PRESIDING OFFICER. Without they come from or what their legal sta- methamphetamine used in the United objection, it is so ordered. tus is. The act allows victims of domes- States comes from larger labs, increas- Mr. ALLARD. Mr. President, today, I tic violence to petition to stay in the ingly abroad, while only one-third of intend to offer an amendment to the United States. We should keep those the methamphetamine consumed in humane protections in place. immigration reform bill. This amend- the country comes from the small lab- Sixth, we should not make felons of ment aims to bolster our efforts to stop oratories. those who seek to help the most vul- the illegal flow of methamphetamine The methamphetamine production nerable. Churches and other support across our borders. abroad is dependent on a steady supply groups should not be threatened with Colorado, as well as the Nation, must of ingredients from other foreign jail time for showing compassion to- deal with the epidemic of methamphet- sources. These producers are able to se- ward anyone who needs help. It is not amine. In just 10 years, methamphet- cure large quantities of ephedrine or the job of hospital workers or teachers amine has become America’s worst pseudoephedrine from sources in other or priests to enforce our immigration drug problem, worse than marijuana, countries which export massive quan- laws, nor should it be. We should not cocaine, or heroin. tities of ephedrine and pseudoephedrine block any emergency room doors, any In the Senate, we have passed com- and increase means of production. classroom, or any police station to the prehensive legislation to combat meth- These foreign laboratories are often needs of all of our residents. amphetamine. However, I believe this termed as ‘‘super labs.’’ They are able Finally, we need to invest in the initiative can be improved by concen- to produce more than 10 pounds a day things that help immigrants and all trating our efforts to expedite an effec- of highly pure methamphetamine. Americans rise above their cir- tive plan to tackle methamphetamine These labs then traffic their product cumstances. I am concerned that many that is smuggled across our borders. into our country. important issues are being left out of Methamphetamine is a dangerous According to the National Drug In- this debate we are now having. As lead- drug. The Mesa County Meth Task telligence Center, the transportation of ers, it is our duty to protect and foster Force, in my home State, notes that methamphetamine from abroad is in- the American dream for all of our citi- methamphetamine is highly addictive, creasing, as evidenced by increasing zens as well as those on the path to cheap, widely available, easier to make seizures along our borders. The amount citizenship. than LSD, and therefore more attrac- of methamphetamine seized at or be- We need to invest in primary and sec- tive to users. The number of users is tween U.S. border ports of entry in- ondary education. All of our children increasing, and more methamphet- creased more than 75 percent overall should have the opportunity to become amine is starting to come across our from 2002 to 2004. The sharp increase in more successful than their parents. We borders and into our States. methamphetamine seizures at or be- need to invest in adult education and Colorado has been particularly hard tween U.S. border ports of entry re- literacy programs. Immigrants on the hit by methamphetamine trafficking. flects increased methamphetamine pro- road to earned adjustment should have Numerous local task forces, police deduction abroad. the opportunity to improve themselves partments, as well as the Drug En- Methamphetamine has been a leading and learn the English language. forcement Agency, report that the drug threat in Western States since the

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2568 CONGRESSIONAL RECORD — SENATE March 30, 2006 early 1990s. The studies from the De- that are currently being exploited by with respect to border security, we partment of Justice show that the traf- drug traffickers. These controls are have a good start on getting a handle ficking and abuse of this drug have critical to help law enforcement offi- on border security. It is only a start, gradually expanded eastward with cials eliminate the flow of meth- and it takes years to build out the time. Methamphetamine now impacts amphetamine into our communities. fencing, to build up the Border Patrol, every region of the country and is in- This plan calls for a detailed funding to add the new aircraft, the UAVs, to creasingly prevalent within the North- request that outlines what, if any, ad- install the sensors and cameras, to east region. Without a sensible and ditional appropriations are needed to build the detention space and all the timely effort, methamphetamine traf- secure our borders. other things that have to be done in a ficking will continue to spread east- My amendment requires the adminis- mosaic to gain control of the border. ward and eventually encompass the en- tration to deliver a plan within 90 days This bill offers a good next step in that tire United States. of the enactment of this act. This regard. Colorado is not just a hot spot for the amendment also calls for a Govern- I thank the chairman of the Budget distribution of methamphetamine. ment Accountability Office report to Committee, JUDD GREGG, who as chair- Often drug traffickers pass through ensure that our Government is ful- man of the subcommittee on Appro- Colorado on their way to other States. filling its obligation to combat meth- priations has ensured over the last sev- The majority of the methamphetamine amphetamine. eral months that there is additional that is distributed outside the Rocky Our Nation has been hard hit by the funding available for more Border Pa- Mountain region is destined for States illegal trafficking of methamphet- trol agents, more infrastructure at the generally to the north and east, such as amine across U.S. soil. This is a na- border and the like. We have actually Montana, the Dakotas, Nebraska, and tional issue which is growing at a rate already started on this problem, but as far away as Illinois. that is outpacing our law enforcement this legislation takes the next step in a The trafficking of methamphetamine officials. Through our work on the significant way. across our country threatens the safety Combat Meth Act, we have provided There are a lot of things going on on the border right now that I don’t think of communities. As distribution them with the necessities to fight Americans who are not from a border spreads, addiction will grow. Meth- methamphetamine. Now we must be State would appreciate. I wish to start amphetamine addicts are increasingly vigilant and establish a responsive plan involved in violent crimes. The Mesa by talking about those. of action. While it is true that part of the issue County Meth Task Force notes that In conclusion, I thank State Rep- before us is the millions of people who methamphetamine-related crime resentative Josh Penry and State Sen- have crossed our borders illegally to ranges from auto theft, burglary, to ator Ken Kester from Colorado for come here to work, that is only part of murder. Methamphetamine users are working with me on this issue and for the story. Today the border is a vio- unreasonable, erratic, and capable of their efforts to combat the horrific lent, crime-prone environmental dis- causing great harm not only to them- issue of methamphetamine in Colo- aster with people in jeopardy and even selves but others. We simply must pro- rado. our military suffering as a result of il- tect our families and communities I intend to offer this amendment legal immigration. Let me explain. from violence. later today. I ask my colleagues to join Because we have added more Border We must recognize the immediacy of me in my effort to stop the illegal traf- Patrol, we are beginning to contest ter- this issue and be able to curb the flow ficking of methamphetamine and all ritory that the smugglers used to call of methamphetamine into the United dangerous drugs at the border. their own. They are fighting back. The States. It is important that we protect The PRESIDING OFFICER. The Sen- U.S. Attorney from Arizona testified U.S. borders to ensure national secu- ator from Arizona. before my Terrorism and Homeland Se- rity and the safety of our communities. Mr. KYL. Mr. President, there is an curity Subcommittee about a month Therefore, I propose that we speed up order of speaking locked in. I believe I ago that assaults at the border were up our efforts to curb the flow of meth- am entitled to speak in about 5 min- 108 percent over last year. Those as- amphetamine through our borders. We utes. Is it appropriate for me to begin saults include not just rock throwing, must have a formal plan that outlines at this point? which bashes people’s heads in, but the diplomatic, law enforcement, and The PRESIDING OFFICER. Without also assaults with weapons, including other procedures the Federal Govern- objection, the Senator may proceed. automatic weapons. I will get later the ment will implement to reduce the Mr. KYL. I thank the Chair. number of people who have been killed amount of methamphetamine being I rise to address the starting point of as a result of these assaults. I don’t trafficked in the United States. any discussion of comprehensive immi- have that with me. But we have had The main thrust of my amendment gration reform, which is security at people die in the line of duty trying to takes a swift approach to fulfilling re- the border, and then move on to the protect our borders from this increased quirements for the international regu- other significant security aspects of violence. lation of precursor chemicals as out- this issue. I believe we need com- Now criminals are coming into our lined in the PATRIOT Act. We must prehensive immigration reform, which country by horrendous numbers. Last press upon the Secretary of State, the essentially boils down to four things: year something like 150,000 criminals Attorney General, and the Secretary of security at the border; security in the entered the country. These are not the Department of Homeland Security interior of the country, including at petty criminals. These are murderers the immediate need for a firm plan of the workplace; a temporary worker and rapists and child molesters and action. It is imperative that such a program to accommodate our employ- drug dealers of the worst kind. Now plan include, at a minimum, a specific ment needs; and a way to deal with the about 10 percent—in fact, somewhere timeline to reduce the inflow of meth- people who are here illegally today. All even between 10 and 15 percent—of the amphetamine into the United States. of those issues need to be addressed. people apprehended at the border have There must be a tough standard for Ideally they should be addressed at the significant criminal records. keeping excessive amounts of same time, but almost everyone agrees Think about this for a moment: If pseudoephedrine products out of the that the starting point is security at the usual rule of thumb is that at least hands of methamphetamine traf- the border. What I wish to do today is three people are able to cross the bor- fickers. We must outline a specific plan to describe some of the reasons why it der and do so successfully for every one to engage the top five exporters of is so important for us to focus on that who is apprehended, think of the num- methamphetamine precursor chemi- and then to discuss the underlying leg- ber of violent, vile criminals who are cals, such as pseudoephedrine, ephed- islation which significantly deals with entering our country because we have rine, and phenylpropanolamine. that problem. failed to secure the border. This is a se- Also, we must be prepared to be able As a result of including provisions of rious problem for the United States. It to address funding needs to secure our the majority leader’s bill and provi- is estimated now that in some places borders, ports of entry, and other sions of the Cornyn-Kyl legislation in over half of the population of prisons is methamphetamine-trafficking windows the Judiciary Committee’s base bill illegal immigrants.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2569 In addition to the crime that is oc- curing our borders as a sovereign coun- problems illegal immigrants who want curring at the border and the criminals try, particularly in a time where there to work here may create. coming across the border, it is also is a potential terrorist threat. It is not There is another aspect of enforce- true that the people who are illegally hard to transport contraband material ment that has received far too little at- coming to the United States for a bet- across our border. The drug war is tention. We talked about enforcement ter life are prey to the coyotes and going on full blast on our borders. at the border but also enforcement in other criminal elements. They are Methamphetamine is not made or man- the interior. Illegal immigrants know raped, robbed, beaten, held hostage for ufactured so much in at least our if they get a few miles north of the bor- ransom. They represent value that can State, and I understand other States der, they are home free. Border Patrol be collected from their relatives back now, because it is easier to bring it doesn’t even operate 60 miles north of home. They are mistreated in the most across the border where it is manufac- the border for the most part. As a re- horrible way. Many die because of the tured by the ton in Mexico and then sult, there is no or very little enforce- way they are being transported or not brought over in backpacks, one back- ment in the interior of the country. transported. We are all aware of the in- pack of value anywhere from a quarter There may be the occasional border creasing number of deaths, most of to a half million dollars. checkpoint, but they are usually much which occur in my State and which These kinds of things are coming closer to the border, the occasional were a record number last year. across the border every day. If they can Border Patrol officer in an airport to There is also huge environmental come across, then so can a backpack try to discourage illegal immigrants degradation. To look at the Arizona full of material for a radiological weap- from transporting themselves by air- desert from the air is to want to cry. on, for example, or a biological weap- line, which they have done for years, Thousands of paths where thousands— on, and so can a terrorist. We now have but very little enforcement. indeed, millions—of illegal immigrants 165,000 other-than-Mexican illegal im- There is essentially no enforcement have trod crisscross the border. It was migrants apprehended. Remember the of the law against hiring illegal immi- pristine, but it takes centuries for this rule of thumb that for every one you grants, a law that was written several very fragile ecosystem to revive after apprehend, perhaps at least three more years ago which has essentially never it has been trampled. Vehicles coming are not apprehended. These are people been enforced. The reason is because, A, it is not enforceable and, B, we don’t across by the hundreds, sometimes left from countries other than Mexico. So have the will to enforce it. Employers behind because they get stuck in the when they are apprehended, they can’t are told they are supposed to check sand or ran out of gas, but the trails be returned to Mexico as we do with documents. The documents are all eas- can be seen all over. Tons and tons of Mexican citizens. They have to be proc- ily forged. Everybody knows that. The trash left behind, fires started, vegeta- essed and put on an airplane back to employer has a good idea when he is tion trampled. It is an ecological dis- their country of origin. I was told by hiring the individual that that indi- aster. the Director of Homeland Security vidual is an illegal immigrant, prob- I mentioned the military. Because that there are over 39,000 Chinese citi- the Barry Goldwater Gunnery Range is ably can’t speak English and clearly zens in the United States, having come comes from another country. And yet located on the border with Mexico and here illegally, who need to be returned is one of the largest areas for our pilots the employer can’t do anything about but that only a few hundred are being it because the driver’s license or pass- to train regardless of the service, that returned every year. In other words, area is of great value to the United port or Social Security card looks like the problem is getting bigger and big- the one you and I have. The counter- States for our defense preparedness. ger every year. Two years ago—I don’t have the num- feiters are very good at this. There are not enough detention So everybody pretends the law can be bers from last year—there were some- spaces for all of these people. As a re- enforced when they know it can’t. The thing like 400 to 500 missions that had sult, they are released on their own re- Government doesn’t do anything about to be aborted because pilots had their cognizance. Do they show up when they it, the employers don’t do anything planes gassed up, ready to go, with the are asked to? No, of course not. These about it. America sees that and Ameri- bombs ready, or maybe had even taken other-than-Mexican illegal immigrants cans say: What happens to a country off, but when they got close to the are caught and released, allowed to that isn’t enforcing its laws and appar- range, the radio call came back that meld into our society. A large number ently doesn’t have the will to do so? there are illegal immigrants in the of them are criminals. Many of them And, importantly, why should we be- area. Turn back. Don’t drop your come from so-called countries of inter- lieve that you in the Senate can create bombs. This is an area where strafing est, meaning countries from which ter- a workable, comprehensive immigra- and bombing occurs on a regular basis. rorists come. Yet we can’t hold them tion program with temporary workers The Marine Corps is responsible for the and return them because we don’t have and a way to deal with the illegal im- western half of this gunnery range. the detention space to hold them and migrants who are here today? Why They go out on a weekly basis and try their countries won’t take them back should we believe you will be able to do to clear the area of illegal immigrants. quickly, if at all. Some countries won’t that and enforce it when you haven’t But frequently, after they have cleared even take them back. enforced the ones that are on the books the area and radioed that it is OK for The Department of Homeland Secu- today? the mission to come in, they find there rity has announced a plan to end catch We are all familiar with the 1986 am- is somebody there and they have to and release, but that is only possible nesty, 3 million people, but then we abort. There were hundreds of flying when we have the detention beds to put were going to enforce the law so it hours that were lost 2 years ago and I them in, pending their departure. would never occur again. In 1996, once am sure last year as a result of this There is money in this bill for that again, we provided for enforcement at phenomenon. Military training is being purpose, but not enough. The point is, the workplace, as I described it. It sacrificed. it will take years. didn’t happen. It is kind of like Lucy The same thing is occurring on the I hope I am beginning to create some and the football. After about three proving ground, the Yuma proving picture of the magnitude of this prob- times, Charlie Brown ought to start ground, which is a pathway for illegal lem beyond just the problem of illegal getting the idea that when he goes up immigration. The point is, there are a immigrants wishing to come here for a to kick the football, Lucy is going to lot of reasons to control our border be- better life. This issue is frequently por- pull it away from him. That is the way yond dealing with the problem of ille- trayed as nothing but that. It is far the American people look at us. They gal immigrants. That is a huge prob- more than that, far more complicated, ask: When are you going to assure us lem. With at least half of the illegal far more dangerous, far more destruc- this will be done? immigrants coming through my State tive. We have to get control of our bor- I dare say neither the administra- on an annual basis, it represents par- ders. If we don’t, we are not a sovereign tion, the previous administration or ticularly a huge problem for my State. nation, we don’t have control over our the current one, or the Congress has But I haven’t mentioned one of the key own destiny, and there are threats to given the American people much to peg elements, and that has to do with se- our existence far beyond whatever confidence on.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2570 CONGRESSIONAL RECORD — SENATE March 30, 2006 The administrations have not asked ‘‘valid,’’ you are home free. If it says What do Americans think about this for enough money. The Congress has ‘‘invalid number,’’ don’t hire the per- issue of illegal immigration, and what added money to the situation but has son or you will be in big trouble. would they support in terms of what I still not added enough. Our law en- This legislation will provide a way to have been talking about? This is ac- forcement doesn’t seem to be willing to clear up any problems, so if for some cording to a variety of surveys. go after the employers who are clearly reason the number doesn’t compute, Time magazine, earlier this year, violating the law. Indeed, it would be and you say: That is really me and that said 63 percent believe illegal immigra- hard because, in a sense, they are being is my number, you can straighten that tion is an extremely or very serious precluded from asking questions about out. The bottom line is that if we don’t problem. Another one says they see im- the documents that are given to them. have a valid verification of employ- migration first as a security problem, This all points the way toward the ment, whether the individual is then an economic issue, and finally a second and equally critical part of the verified as a citizen, a temporary work- civil rights/humanitarian issue. Again, legislation we are going to have to deal er, a green card holder, or whatever the the Time poll says they believe that il- with. If we don’t enforce the law in the status is, if you are validly able to get legal immigrants, overall, hurt the interior, this whole exercise is a fraud, employed, great. If you are not, then economy, 64 to 26 percent. it is a deceit, it will not work, and the you won’t be employed. Unless we have In a Quinnipiac poll, in February, American people will react very nega- that kind of system, this entire thing they opposed allowing illegal immi- tively, I predict. breaks down. grants to obtain driver’s licenses, 72 to Now, it is relatively simple to make In the legislation Senator CORNYN 25 percent. this work if we have the willpower to and I developed, this is a critical com- In a New Models poll, 58 percent to 37 do it. You have to have a verification ponent, and it answers one of the ques- percent say they would like to see mili- system that is pegged to a valid data- tions that is frequently asked: How do tary troops be used for border security. base, electronically verified and au- you know people will eventually come The American people want serious dited. The Social Security system has out of the shadows and participate in a action. I believe that illustrates how numbers that are assigned to every- temporary worker program—or seek a concerned they are that we have not body, but it is full of bad numbers green card, in any event—that they been able to control the borders so far. today. It needs to be cleaned up. I be- will eventually leave the United States They favor a proposal to build a 2,000- lieve we will have an amendment that in an illegal status and will come back mile security fence by a 51-to-37 per- will provide for the cleaning up of the in a legal status? The answer is: With a cent margin. That is a Fox News/Opin- database, for its maintenance in a good validation of employment, ion Dynamics poll. proper way, and for an employer verification of employment eligibility I don’t think it is realistic to put a verification system that depends upon system, nobody is going to be able to fence along the entire border. What a Social Security number being typed get a job illegally. you need is troops on the ground and in electronically and sent back to the So within a couple of years, it is not fences. You can put up a fence, but if headquarters in Washington, or wher- going to be possible to be in the United nobody checks it for 3 or 4 days, they ever it is, verifying whether the num- States, if you want to work, and be il- can cut a hole in it and come through. ber is valid. legal. You are going to have to get You have to have boots on the ground That is half of the situation. OK. The legal and come in on a temporary to control the territory, as we have number you have just been given is a worker status, if that is what you want seen in Iraq. We are talking about con- valid Social Security number, it to do. That is part of the answer as to trolling our own territory. Fences are a doesn’t appear to be being used by what will cause people to comply with key part of that, but so are people— somebody else, it has been validly the law. They are not going to be able Border Patrol agents who can contin- issued by somebody with the name of to get a job if they don’t. ually patrol and make sure the fence is John Doe, and the person standing in It is theoretically possible that an in- doing its job. front of you claims to be John Doe. dividual could go live with somebody Again, from the Quinnipiac Univer- How do you know it is John Doe? I can else and remain in the shadows; that sity poll in February of this year, they go to an employer and rattle off a num- possibility could exist. Although, as support requiring proof of legal resi- ber and put it into the system, and he the documents become better, it is dency to obtain Government benefits says: That is a valid number; what is going to become harder to do anything, by an 84 percent to 14 percent margin. your name again? I happen to know the in terms of purchasing or bank trans- There are other polls. Let me cite a number because I saw the card or asked actions or driver’s licenses and the couple. There is a Gallup poll of March my neighbor his name, or whatever the like, if you don’t have valid docu- 27, just recently, where 80 percent of situation. Well, you have to have a way mentation for your status in the the public wants the Federal Govern- of tying the person in front of you to United States. ment to get tougher on illegal immi- the number. This will also have that These are the two key things which gration; 62 percent oppose making it kind of system. They are working right we refer to when we talk about enforce- easier for illegals to become citizens; 72 now on exactly what kind of number to ment of the law: securing the border percent don’t even want illegals to be attach to that to make that work. and securing the interior, including the permitted to have driver’s licenses. Eventually, the REAL ID Act, which is workplace. These two factors must be a A Time Magazine poll found that 75 based upon good documents, will con- part of any legislation we pass. The percent favor ‘‘major penalties’’ on em- nect the individual standing before you House focused only on the first part of ployers of illegal immigrants. to the number, and therefore you will that, primarily. There are others who An NBC/Wall Street Journal poll: 59 be able to validate identity in that think we should do that first and wait percent oppose a guest worker pro- way. until we do the rest of the bill. I don’t posal. This is somewhat costly. It will take believe that is a good idea. We need to I might say, there are different num- some period of time to put into place. try to do all of these things together. bers on that. I think part of that de- Once it is put into place, it can operate But I support the idea that until these pends upon how you ask the question. efficiently. Employers will be man- systems are locked in, until the Amer- Nonetheless, there is an extreme dated to use it. But it will be easy to ican people can see that we have been amount of cynicism there. use. So we should not be asking em- serious about it, that a year or two has An IQ Research poll done on March 10 ployers to be the cops here. It is an im- gone by and we have funded them and found that 92 percent are saying secur- possible job for them. If the Govern- the administration is enforcing them, ing the U.S. border should be a top pri- ment has determined in advance who is some of the rights that attach under ority of the White House and the Con- legally employable and who is not, various bills should not finally attach. gress. then the employer doesn’t have to In other words, let’s make sure we are So the American people are pretty worry about it. All he or she has to doing these things before future rights clear on this issue. They want us to worry about is when the number elec- to citizenship or something like that act, and they want us to act to enforce tronically comes back and it says come into play. the law.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2571 We are going to be talking about a Mr. KYL. Mr. President, pending conference committee and be rec- lot of other things here soon. somebody else wishing to speak, I can onciled against another bill, namely The PRESIDING OFFICER. The time quote for the record about 3 statistics the House bill, which is very onerous in of the majority has expired. I think are meaningful with respect to many of its provisions. Mr. KYL. Mr. President, I ask unani- this debate. The reconciliation of these two bills mous consent for another 2 minutes. I did not give a precise number on is going to be extraordinarily difficult The PRESIDING OFFICER. Without the number of illegal immigrants who to achieve, and it remains uncertain objection, it is so ordered. died last year while crossing the whether any bill can be enacted into Mr. KYL. Mr. President, we will have United States-Mexican border. Accord- law in this current congressional ses- more to say about a lot of other as- ing to the most recent Border Patrol sion. pects of the pending legislation and statistics, the number who died in 2005 Any legislation approved by Con- what we need to do. I wanted to take was 473. That is the highest number gress, I think, has to take into consid- this time at least to lay the ground- since the Border Patrol began tracking eration the reality of today’s immigra- work for the discussion of why it is im- such deaths since 1999. tion world in America. It is very dif- portant to enforce the law. Another statistic is that last year, ferent from the 1990s, it is very dif- The final point I will say is this: We the U.S. Border Patrol apprehended 1.2 ferent from the 1980s, and it is very dif- are, it is often said, a nation of immi- million illegal immigrants, which is ferent from the 1970s. There are very grants but a nation of laws. What do we roughly 1 person every 30 seconds. Ac- strongly held views on both sides. mean by that? We mean that when we cording to the Pew Hispanic Center, Most, though, of what is attempted by go to an intersection and the light is the estimate is that there are about 12 Federal agencies responsible for the ad- green, what do we know? We know we million illegal immigrants in the ministration of immigration services can drive on through because the peo- United States today, and about 56 per- today and responsible for the protec- ple who have the red light will obey the tion of our borders has more often than law. We do that with everything in our cent of them are Mexican citizens. Another statistic: The busiest U.S. not failed, and we have to deal with society. We have contracts with each Border Patrol station right now is the that failure. other that are very loose because we Yuma Border Patrol station. Last year, Employer sanctions, which are the have a rule of law that if anything goes seed of current immigration laws, have wrong, we have a way of resolving that 138,460 immigrants were caught coming failed. Border control is spotty at best. legally. Everything we do, we do be- through that station. I see my colleague from California. Naturalization takes years. Detention cause of trust with each other based The Senator from California was very facilities are inadequate. And despite upon the rule of law. That is the way it works in our society. When everybody concerned about the lawlessness right our attempts to gain operational con- obeys the law, we can get along great. near San Diego and the environmental trol of our border and to secure the in- Once people disobey the law, bad things degradation, crime on both sides of the terior of the United States so that ev- happen. You need more and more laws border, and illegal immigration eryone plays by the rules, the Govern- and enforcement, and you get into a through there, as well as drug smug- ment has essentially failed. We now have 10 million to 12 million situation like we are with illegal immi- gling. As a result, as we all know, a undocumented people living in the gration. That is why we have to get fence was constructed in that area. It is interesting, the fence clearly United States. They have come here il- back to the rule of law. People in helped to prevent crossings. Right legally. They live furtively. Many of America have to have confidence in where the fence is, I am told, nobody them have been here for 20 to 30 years. their Government, in the businesses, in has crossed illegally, and in that sec- I know many. They own their homes. their fellow citizens, and they will if tor, the number of people apprehended They pay taxes. Their children were they know everybody is operating declined from a peak in 1986 of 629,650— born in this country and educated in within the rule of law. What happens if they begin to see just in that one area, which is phe- this country. This is the only home that nobody appears to be adhering to nomenal to me; that is astounding— they know. They want to live by the the law? Remember what Mayor Rudy from almost 630,000 just in the San law, but they have no way currently to Giuliani proved in New York City: Diego sector, it is now down last year live by the law. Employer sanctions, I mentioned, do When little things begin to happen that to 126,000 illegal immigrants were not and, I believe, in our global econ- are violations of law, soon it is bigger caught near San Diego. That is still a omy, will not work. That is evidenced and more and more, and pretty soon lot of people. We can see the fencing in by the fact that in 2004, only 46 employ- you have a lawless society. If people that area has clearly had a significant ers in the United States were crimi- understand that even the smallest impact. nally convicted for employer sanctions things have to be within the rule of There are other statistics, but if the out of 3,258 cases initiated. law, then you have a much better soci- Senator from California is ready, I will I have watched in California. On the ety. withhold. We have to get back to the rule of The PRESIDING OFFICER (Mr. few occasions where immigration offi- law with respect to our employment ALEXANDER). The Senator from Cali- cials have gone to agricultural work- practices, the internal operation in our fornia is recognized. sites and arrested employers, the pub- Mrs. FEINSTEIN. Mr. President, country, and the security of our bor- lic reaction has been entirely negative. shortly the Senate is going to be con- Both you and I know, Mr. President, ders for all the reasons I have indi- fronted with a vote on two bills, one of that a law is only as good as the ability cated. I look forward to discussing some of them being the leader’s bill which to enforce it. There is virtually today the other significant issues relative to deals with enforcement on the border, no ability to enforce employer sanc- this entire issue. I hope we can agree and the other the Judiciary Committee tions in the United States of America. that border security and enforcement bill which essentially incorporates pro- Therefore, a more punitive immigra- of the law at the workplace are critical visions of the McCain-Kennedy bill tion philosophy that is based and de- elements of any legislation we adopt. into a broad and comprehensive bill pendent upon employer sanctions as Mr. President, I suggest the absence which will, I believe, be before the Sen- working doesn’t work and clearly cre- of a quorum. ate for discussion and amendment. ates a situation whereby there is dis- The PRESIDING OFFICER. The The bill approved by the Judiciary organized chaos in the immigration clerk will call the roll. Committee is a bipartisan bill. It had a world. The assistant legislative clerk pro- 12-to-6 vote in the committee. It is the Another reason for this is our borders ceeded to call the roll. first step forward in a very difficult are a sieve, porous through and Mr. KYL. Mr. President, I ask unani- and consequential process to address through. The Senator from Arizona mous consent that the order for the what has become one of the most con- correctly mentioned there are 14 miles quorum call be rescinded. tentious issues in American life. on the California border with Mexico The PRESIDING OFFICER. Without If this bill is approved by the full where there is a two-layer fence. It is objection, it is so ordered. Senate, it will then have to go to a an immigration border control process

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2572 CONGRESSIONAL RECORD — SENATE March 30, 2006 known as Operation Gatekeeper. It was somewhat prematurely. I don’t believe can carry out surveillance activities at very controversial when put into play, there is yet a consensus in this body, the border to prevent illegal immigra- but it works. And he is correct, immi- and I hope the debate that takes place tion. So this bill is very strong on bor- grants coming in illegally in that cor- can be a respectful debate so Members der enforcement. But it doesn’t just ridor have been deterred. will feel free to open their minds and leave it there, as the majority leader’s But what has happened is, it has sim- then to change them if the facts war- bill does. It says, that is only half the ply pushed them east into unfenced rant that. problem; you have to deal with the portions of the border, and those por- But this bill is a beginning. It seeks other half of the problem, and there is tions of the border where the desert to address the overall problem in a the rub. That is the difficult part, and and the heat wreak considerable de- much more comprehensive and prac- that is the controversial part as well. struction upon anybody crossing. tical way. The bill we have from the Judiciary A concern with porous borders has First with regard to border enforce- Committee seeks to remedy the very also brought attention to a classifica- ment. The bill doubles the number of real needs of our economy which, as tion of aliens known as ‘‘other than Border Patrol agents. It adds 12,000 much as we might want to, cannot be Mexicans.’’ In 2005, Border Patrol over 5 years. Senator KYL and I had ignored. Our global economy has agents apprehended 165,175 ‘‘other than testimony in the Terrorism and Tech- changed the face of the American Mexicans’’ at the border, 155,000 of nology Subcommittee from the head of workforce. I am not going to comment them on the southern border. Border Patrol that today there are on whether this is good or bad. In some The concern here is that many of 11,300 Border Patrol agents. This more cases, it is one or the other. In some these people are increasingly from ter- than doubles that number over the cases, it is mixed. But the fact of the rorist-supporting countries, and that next 5 years. matter is the needs are different and presents a real potential national secu- It also would add an additional 2,500 the workforce is somewhat different. rity threat to our country. new ports of entry inspectors in this Let me give you a large industry: Ag- We continue to have a catch-and-re- same period so that the ports of entry riculture. There are about 1,600,000 lease policy with respect to this lim- are strengthened and legal immigra- workers in this country who work in ited category of people, but we don’t tion is able to be handled in a more agriculture. In my State, there are have sufficient detention facilities. prompt manner. 566,000. I would hazard an informed Consequently, they are released on It criminalizes the act of con- guess that half of the 566,000 are here in their own recognizance pending a hear- structing or financing a tunnel or sub- undocumented status. I have had farming. They are expected to show up at terranean passage across an inter- er after farmer, grower after grower the hearing. More often than not, they national border into the United States. tell me they cannot farm, they cannot do not show up. They simply disappear Most people don’t know this, but this grow without this workforce. I didn’t into the fabric of America, gone for all has become a real problem. There are believe it, so I got in touch with 58—we time. 40 such tunnels that have been built have 58 counties—58 welfare depart- I can go on and on, but I think this since 9/11, and the great bulk of them ments and asked them to post notices gives an accurate view of what has be- are on the southern border. Large-scale saying: Please, there are jobs in agri- come an extraordinarily dysfunctional smuggling of drugs, weapons, and im- culture. Here is where to come. Here is immigration system, and it has also migrants takes place today through to what expect. Guess what. Not a sin- made me realize that while we need these tunnels. gle person responded anywhere in the I recently visited a tunnel running strong border enforcement, it alone is 58 counties of California. not the only solution to the problem of from San Diego to Tijuana, and I was That was pretty convincing evidence illegal immigration. struck by the inordinate sophistication to me that Americans don’t choose to The House bill, which focuses only on of the tunnel. It was a half mile long. do this work. It is the undocumented enforcement and criminalization of un- It went 60 to 80 feet deep, 8 feet tall. It workforce who has been the mainstay documented aliens, isn’t the solution. had a concrete floor. It was wired for of American agriculture, whether We need to be much more realistic and electricity. It had drainage. At one through the H–2A program coming comprehensive. end, 300 pounds of marijuana were I see the Democratic leader on the found, and at the other end, 300 pounds cyclically or whether it is through a floor, and I would be happy to cease of marijuana. large contingent of undocumented and desist for the moment if he wishes What was interesting is that the workers who remain in this country to speak. California entry into the tunnel was a year after year and do this work. The PRESIDING OFFICER. The very modern warehouse, a huge ware- Under this program—and this was an Democratic leader. house compartmented but empty and amendment that I made after negotia- Mr. REID. Through the Chair, I know kept empty for a year. You went into tions with Senator CRAIG who has been the Senator from California is a mem- one office, and there was a hatch in the one of the Senate leaders on the agri- ber of the committee, and I certainly floor. It looked much like the hatch culture jobs program—and I was very don’t want to interrupt her statement. which Saddam had secreted himself in. pleased to negotiate with him and very I have a statement to give, and I need But when you lifted that hatch and you delighted to see that he really cared to do that sometime. I am wondering looked underground, you saw a very so- enough to spend the day Monday in the how much longer the Senator is going phisticated tunnel. It went under other Judiciary Committee. Between us, and to speak? buildings all the way across the double with the committee’s help, we have Mrs. FEINSTEIN. Probably about 15 fence into Mexico and up in Mexico in worked out a program whereby an un- minutes. a building as well. documented worker could apply for a Mr. REID. What I will try to do is Today, interestingly enough, at this blue card if that worker could dem- come back when the Senator has fin- time, there is no law that makes build- onstrate that he or she has worked in ished her statement. ing or financing such a tunnel a crime. American agriculture for at least 150 Mrs. FEINSTEIN. Mr. President, I A provision in this bill includes lan- workdays within the previous 2 years thank the Senator very much. That is guage from the Feinstein-Kyl Border before December 31, 2005. After receiv- very generous of him. Tunnel Prevention Act which would ing blue cards, individuals who have The PRESIDING OFFICER. The Sen- make the building or financing of a then worked an additional period in ator from California. cross-border tunnel a crime punishable American agriculture for 3 years, 150 Mrs. FEINSTEIN. Mr. President, the by up to 20 years. workdays per year, or 100 workdays per Senate Judiciary Committee passed a This bill also authorizes additional year for 5 years, would be eligible for a bill, and I must tell you, I regret the unmanned aerial vehicles, modern green card. Their spouses could work, way it was done. It was a kind of forced cameras, sensors, and other new tech- and their children could remain in the march, hour after hour of amendments nologies to allow the Department of country with them. on a bill that is very complicated, that Homeland Security to work with the What would be the result of this? The I believe has actually come to the floor Department of Defense so the latter result is that American agriculture

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2573 would have a stable base of employ- bers don’t do private bills. I met some the United States National Minority ment which is legal, which has the op- of the families. I want to give you Leadership Award. He was vice presi- portunity to bring people out of the three cases that I think are eloquent dent of the associated student body his shadows into the bright light of day, testimony to what is happening senior year of high school. He is pop- assume additional responsibilities, amongst the 12 million. ular and he is trustworthy. He is an grow in the process, and raise their Let me share with you a family. athlete. He was named the ‘‘Most Inspi- families. I think that is healthy for Their last name is Arreola. They live rational Player of the Year’’ in junior America, not unhealthy. in Porterville, CA. I have filed a pri- varsity baseball and football as well as Also, we reform the current H–2A vate immigration relief bill for them varsity football. After graduating, he program, which is the agricultural over 2 sessions. I didn’t get the bill volunteered for 4 years to help coach guest worker program, which employs, passed, but their deportation has been the school’s girl’s softball team. I would say around 30,000 people and is stayed. Mr. and Mrs. Arreola came to Sending him back to Japan today used largely in the tobacco-producing the United States from Mexico ille- would be an enormous hardship. He States. The way this is reformed is it gally in the 1980s to work in agri- doesn’t speak the language. He is un- makes it easier for an employer to culture. They have five children, two aware of the Nation’s cultural trends. apply for workers through an attesta- brought to the United States as tod- He is American, raised here, educated tion system, the paperwork is simpler, dlers, and three born in the United here. He is one who is deserving, who the housing requirements are changed States. They range from 8 years old would be helped by this legislation. to make it easier. In general, the bill today to 19, and they know no other I see the minority leader, and I know updates the H–2A agricultural pro- home but this country. he has a very busy agenda. Regretfully, gram. Their eldest daughter, Nayely, is a I have a little bit more, so I will finish Returning to the larger bill, I sup- bright, engaging student. I have met up. pose the most contentious part is what her and talked with her. She is the em- Let me give a third example of the should happen to the 12 million people bodiment of the American dream and type and character of individuals that who are living here in the shadows, un- what can happen when we give children this bill would legalize. The documented. Many would say they are a chance to excel in a loving, nurturing Plascencias are Mexican nationals liv- here illegally; they ought to go back. environment. She was the first in her ing in San Bruno, CA. They are un- Well, they are not going to go back. family to graduate from high school documented. They face removal from They are going to remain living fur- and the first to go to college. And on a the country due to the fact that they tively, and they are going to remain in full scholarship. She goes to Fresno Pa- have received ineffective assistance of the shadows. And most of them work. cific University. Mrs. Arreola works as counsel. They have four children, all The question before this body is: a produce packer and Mr. Arreola now born in this country. The mother and Does that make sound public policy has an appliance repair business. They father are subject to deportation; the sense over a substantial period of time? have no criminal background. They children are not. They arrived in this These immigrants live furtively. They own their home. They pay their taxes. country in 1988, and they have worked are subject to work abuse, exploi- For Nayely, this bill offers a glimmer hard. Mrs. Plascencia studied English. tation, threats, and blackmail. This of hope that her family, once and for She is now taking nursing classes at bill would provide them with an oppor- all, can come out of the shadows. They the College of San Mateo. She worked tunity to come into the light of day. don’t have to have that daily fear of for 4 years in the oncology department But it wouldn’t be easy for them. It is deportation. They have been here for 20 of Kaiser Permanente Hospital, where not an amnesty. An amnesty is instant years. They are and will be legal, pro- she was a medical assistance. forgiveness with no conditions. There ductive citizens. Mr. Plascencia works at Vince’s are conditions on this. They must pay One other example. Shigeru Yamada Shellfish Market. During the last 13 a fine of $2,000, they must learn is a 21-year-old Japanese national liv- years he has worked his way up from English, they must have paid all back ing in Chula Vista, CA. He is facing re- part-time employee to his current su- taxes, and they must be evaluated as moval from this country due to a trag- pervisory position. He is now the fore- neither a criminal or a national secu- ic circumstance relating to the death man in charge of the packing depart- rity threat to this Nation. of his mother. He entered the United ment. Also, they would not go in front of States with his mother and two sisters The Plascencia family has struggled anybody in the line. There are pres- in 1992 at the age of 10. He fled from an to become legal residents for many ently 3.3 million people waiting in alcoholic father who had been phys- years. Based on the advice of counsel, other countries legally for green cards, ically abusive to his mother, the chil- whom they were later forced to fire for and those people should and will be dren, and even his own parents. gross incompetence, they applied for processed first. It is estimated it will Tragically, Shigeru’s mother was asylum. The application was denied, take, believe it or not, up to 6 years to killed in a car crash in 1995, and he was and they were placed in removal pro- process 3.3 million. These workers, orphaned at the age of 13. The death of ceedings. these undocumented 12 million would his mother also served to impede the Their children—Christina, 13; Erika, go at the end of that line, and then one process for him to legalize his status. 9; Alfredo, 7; and Daisy, 2—are entitled by one, they would come through that He could not legalize his status. At the to remain. Their eldest daughter, line. If they have worked steadily for time of her death, his family was living Christina, is enrolled in Parkside Inter- the 6-year period, if they can show they legally in the United States. His moth- mediate School in San Bruno, where have paid all back taxes, if they have er had acquired a student visa for her- she is an honor student. Erika and avoided any criminal convictions, if self and her children. Her death re- Alfredo are enrolled in Belle Air Ele- they have learned English in that time, voked his legal status in the United mentary School. They are doing well. they would be granted a green card. States. They have received praise from their Therefore, they come out of a furtive In addition, his mother was also en- teachers. lifestyle, hidden and in secret, living in gaged to an American citizen at the This family has worked hard to fear that tomorrow they could or time of her death. Had she survived, achieve the financial security their might be deported. her son would have become an Amer- children now enjoy. This includes a Over the years in the Senate, one of ican citizen through this marriage. In- home they purchased 3 years ago in the things that we can do is put for- stead, today, he is an illegal immigrant San Bruno, CA. They own their car. ward a private bill. If we see a family leading a model American life. He They have medical insurance. And they or an individual who we believe is an graduated with honors from Eastlake have paid their taxes. exceptional circumstance, we can try High School in 2000. He has earned a It is very clear to me and I think to and get a private bill passed for them, number of awards, including being a majority of Americans that this fam- and when we introduce the bill, their named an ‘‘Outstanding English Stu- ily has embraced the American dream deportation is stayed. It is very hard to dent’’ his freshman year. He is an All- and their continued presence in our get a private bill through. Many Mem- American Scholar, and he is earning country would do much to enhance the

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2574 CONGRESSIONAL RECORD — SENATE March 30, 2006 values we hold dear. So I believe that I am very happy that the Senate has Mr. REID. Mr. President, I will use by presenting a pathway for the 12 mil- started debate on immigration reform. leader time. lion to become legal, this bill offers the Last week, 8 days ago, I traveled to the The PRESIDING OFFICER. Without only realistic option. Think about it. border, the California-Mexican border. objection, it is so ordered. How do you find 12 million people, and It was an eye-opening trip, to say the Mr. REID. Mr. President, the agents what do you do when you find them, if least. I was able to see firsthand the also showed me huge slingshots, for you do? If brought across the border, problems created by our broken immi- lack of a better description, metal they return the next day. This is their gration laws. We need a serious strat- slingshots that shoot ball bearings. home. This is their work. There are no egy to address this crisis, and that is These criminals who are trying to ille- adequate facilities to detain them. And an understatement. gally bring people over the walls have most, today, have become a vital and I am always so impressed with public these huge slingshots, and they will get necessary part of the American work- servants. Public servants are more a ladder over where the metal fence is, force—in agriculture, in restaurants, in than Governors and Secretaries in the and they fire these and they do tremen- hotels, in landscaping, and throughout Cabinet and Senators. Public servants dous damage to our Border Patrol our economy. are the people who work in these build- agents. That is just one example. I saw We need to build a border infrastruc- ings here in Washington and all over that famous tunnel. It was a third of a ture that is modern and effective. We the country, these Federal offices. Peo- mile long; in some places 80 feet deep. can do that. Operation Gatekeeper has ple who work in these agencies we have Half a million people come over our shown irrefutably we can, in fact, en- created all over America, I saw them border, the Mexican border, every year. force our borders if we have the will to firsthand in California a week ago The fact is, our economy depends on do so and we are willing to spend the Wednesday. Such dedication is hard for them. We simply cannot get the situa- money to do so. But we also need to me to comprehend. Every day, these tion under control until we acknowl- find an orderly way to allow those peo- men and women put their lives on the edge economic reality. To be sure, we ple who are already here, who are em- line to enforce laws that we pass. I am need more Border Patrol agents, and bedded in our communities and in our very proud of the people who work on we should give them the equipment and workforce, to be able to continue to re- our borders. Again, we need a serious technology they need. We must shut main. This bill does that. strategy to address the crisis that we down the flow of illegal immigration, I know this is tough for everybody have—and it is one. but we also need realistic and enforce- because I know emotions run high and Immigration reform is a matter of able immigration laws. it is really hard to change your mind national security. We must know who One crucial element of this strategy on this subject because there are so is crossing our borders, when they is to provide incentives for the undocu- many conflicting pressures. But we cross our borders, who is living and mented immigrants already in the have an opportunity to chart a new working in our country. We need tough country to step out of the shadows. destiny for a lot of people. We have an and smart enforcement at the border Today, there are more than 11 million opportunity to do something which has and throughout the country. And we undocumented people in our country, a chance to work, which is real, which need realistic immigration laws that and more are coming every day. From meets the needs of real people out bring immigrants out of the shadows, a national security perspective, this is there, and which can stop the illegal paying taxes, learning English, and not acceptable. A sovereign govern- infusion through our borders in the fu- contributing to our communities. ment must know the identity of people ture if we act wisely, well, and effec- I strongly support enforcement, but I crossing its borders and living in its tively. also know that enforcement alone can- cities. Of course, most of these 11 mil- I yield the floor. not solve the problem. We have tried lion people pose no threat, but those The PRESIDING OFFICER. The that. We tried it for the last many dec- who do—we must know who they are. Democratic leader. ades. We have tripled the number of Most of these 11 million have been Mr. REID. Mr. President, a man— Border Patrol agents over the last two here for a long time. Most have chil- well, actually a boy—by the name of decades. I am glad we have. I voted for dren and spouses who are U.S. citizens Israel Goldfarb came to the United every one of them. We increased immi- or permanent residents. Most pay taxes States from Russia with his parents. gration enforcement in the budget 10 on property and are active, valuable He and his family were forced to leave times over. We need to do more, but members of their communities. Vir- Russia because of the pogroms that during the same time we tripled the tually all of them came here to work. were going on. The economic situation number of border agents and increased But they are living in hiding. If they for the Goldfarb family was chaotic, our immigration enforcement budget 10 are the victim of crime, they don’t re- and no end was in sight for the prob- times over, the probability of catching port it because they are afraid to have lems the family faced. The little boy someone illegally crossing our borders contact with the police. They accept came to America with his parents and has fallen from 32 percent to 5 percent. found a home with his parents in Min- My recent visit to the border con- abuse and low wages in the workplace. nesota, got an education, changed his vinces me all the more that enforce- They live in fear every day that they name from Israel to Earl, and eventu- ment alone is not the answer. I flew will be deported and separated from ally came to California, where he met over miles of the border—San Diego their families. They must have incen- his wife. She was also of Lithuanian ex- going into Arizona. As I said, I have tives to come out of the shadows. It is traction. They married and had a very talked at length with the Border Pa- unrealistic to think we can round up good life. trol agents. They recognize better than these people and expel them. The best part of their life was their anyone in this Chamber that fences As conservative columnist George having one child. They had one child don’t keep people out. Near San Diego, Will recently wrote in the Washington from that union. The reason that is so we have a big metal fence. I don’t know Post: meaningful to me is that one child is how tall it is, maybe 8 feet tall. And We are not going to take the draconian po- my wife. My wife’s father was a Rus- then we put up another chain link lice measures necessary to deport 11 million sian immigrant, may he rest in peace. fence—tall, maybe 9 or 10 feet tall. The people. They would fill 200,000 buses in a Of course, he and his lovely wife are caravan stretching bumper-to-dumper from agents explained to me that people cut San Diego to Alaska. gone. But for me, whenever I hear sto- through, climb over, tunnel under. ries of immigrants and immigration, I They showed me the new fence, a big, That is farther than San Diego to think, but for this great country that thick, chain link fence. They showed Miami. opened its arms to this Jewish immi- me the dents in the fence, the sec- He writes: grant family, I wouldn’t have had the ondary fence, from people throwing And there are no plausible incentives to opportunity to fall in love with my ladders up and hooking them and get the 11 million people to board the buses. wife, Landra, and have five children of climbing up over these. Even if we could depart 11 million whom we are very proud. So immigra- The PRESIDING OFFICER. The time people, how would we? Do we want to? tion to me is more than just a word. of the Senator has expired. It would cost billions of dollars. Some

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2575 sectors of the U.S. economy would lit- Mr. FRIST. Mr. President, I ask migrants. I know the men and the erally shut down, and it would be in- unanimous consent that reading of the women of the Customs and Border Pro- consistent with our core values as amendment be dispensed with. tection agency put human life first, Americans. The PRESIDING OFFICER. Without but we are failing today. There are two competing approaches objection, it is so ordered. When I first started looking into this to this issue. The House of Representa- The amendment is as follows: issue, I asked for the statistics and the tives has passed a bill that represents (Purpose: To require the Commissioner of statistics simply were not available. I one approach. The Senate Judiciary the Bureau of Customs and Border Protec- would have to go to a local newspaper, Committee—and I compliment and ap- tion to collect statistics, and prepare recall that newspaper along that border ports describing the statistics, relating to plaud Senator SPECTER, Senator and another newspaper to compile sta- deaths occurring at the border between the tistics. LEAHY, Senator KENNEDY, and all the United States and Mexico) members of the Judiciary Committee— We must better direct our efforts to At the appropriate place, insert the fol- reported out a bill that is bipartisan. lowing: understand why people die, where they die and, most importantly, what we I believe the House bill is profoundly SEC. ll. DEATHS AT UNITED STATES-MEXICO misguided. It purports to be a border BORDER. can do to reduce that death toll. security bill, but it contains provisions (a) COLLECTION OF STATISTICS.—The Com- I have already requested that the that are not about securing our borders missioner of the Bureau of Customs and Bor- Government Accountability Office re- at all. It makes criminals out of and der Protection shall collect statistics relat- port to us about this. But we cannot demonizes a lot of hard-working people ing to deaths occurring at the border be- wait. We must begin to count those who are just trying to provide for their tween the United States and Mexico, includ- deaths now to see what lies behind ing— families. In my view, the House bill is (1) the causes of the deaths; and those deaths and to see what we can do mean-spirited and I really believe un- (2) the total number of deaths. to mitigate that unnecessary loss of American and it would not solve the (b) REPORT.—Not later than 1 year after life. We must reduce the death toll. problem. the date of enactment of this Act, and annu- This amendment will do both of In contrast, the Senate Judiciary ally thereafter, the Commissioner of the Bu- those things, and we must save all the Committee bill would take real steps reau of Customs and Border Protection shall lives we can. I ask my colleagues to to restore order to our immigration submit to the Secretary a report that— support this vital amendment. It re- (1) analyzes trends with respect to the sta- system. It combines tough, effective tistics collected under subsection (a) during quires the CBP to begin compiling re- enforcement with smart reforms to the the preceding year; and ports about the number of deaths along immigration laws. It would strengthen (2) recommends actions to reduce the the borders and their causes, and to our borders, crack down on employers deaths described in subsection (a). also analyze those trends in border who hire illegally, and bring undocu- Mr. FRIST. Mr. President, the debate deaths and suggest specific policies mented immigrants out of the shadows. and discussion today has been superb that might serve to reduce them. It would require them to learn English in terms of addressing the overall issue I ask my colleagues to support this and pay taxes, have no criminal record, of border security and immigration. It critical amendment. have a job, and pay fines in order to centers on the issue of security, of the I ask for the yeas and nays. work toward legalization. And it is not economy itself, social issues, and issues The PRESIDING OFFICER. Is there a amnesty. There is no free pass, no of compassion. The amendment I have sufficient second? jumping to the front of the line. It is a just proposed is an amendment that fo- There is a sufficient second. bipartisan bill. Half the Republicans on cuses on the latter; that is, the issue of The question is on agreeing to the the committee voted for it. compassion. amendment. The clerk will call the By shifting the flow of undocumented Over the past decade more than 3,000 roll. immigrants to legal channels and cre- men, women, and children have died The legislative clerk called the roll. ating a hard-earned path to citizenship along our borders. These deaths rep- Mr. MCCONNELL. The following Sen- for those already here, we can finally resent an immense humanitarian trag- ator was necessarily absent: the Sen- focus on catching the criminals and edy, a tragedy that all too often is ator from New Hampshire (Mr. GREGG). terrorists who put our Nation at risk. shuffled off into the corner. While we Mr. DURBIN. I announce that the That makes more sense than spending have an obligation to protect our bor- Senator from California (Mrs. BOXER), precious law enforcement resources ders—and much of our discussion over the Senator from Florida (Mr. NELSON), trying to track down hard-working the last 24 hours has been on the abso- and the Senator from West Virginia housekeepers, dishwashers, and other lute critical importance of securing (Mr. ROCKEFELLER) are necessarily ab- people who have jobs. those borders—I think we have even a sent. As we weigh these competing pro- higher obligation to protect and pre- I further announce that the Senator posals in the coming days, we must not serve the life of every person who sets from Iowa (Mr. HARKIN) is absent at- forget we are a nation founded on and foot on American soil. tending a funeral. built by immigrants. The people who die come here search- I also announce that the Senator My grandmother came from England. ing for a better life. They are not bad from West Virginia (Mr. BYRD) is ab- I talked to you about my in-laws—Rus- people. There are people such as Matias sent due to a death in the family. sia, Lithuania. My great-grandparents Garcia. came here to pursue the American Mr. Garcia was the oldest of five chil- I further announce that, if present dream. Let us honor that proud herit- dren. He left school at the age of 8 to and voting, the Senator from Iowa (Mr. age and move forward on the com- work in the fields. It is a story which is HARKIN) would vote ‘‘yea.’’ mittee-reported bill. That is a step in not too uncommon today. Each year he The PRESIDING OFFICER (Mr. the right direction. would cross that border illegally, un- BURNS). Are there any other Senators The PRESIDING OFFICER (Mr. fortunately, coming into this country in the Chamber desiring to vote? THOMAS). The majority leader. to enter California. The result was announced—yeas 94, In the spring of 2003, he started cross- nays 0, as follows: AMENDMENT NO. 3191 TO AMENDMENT NO. 3192 ing that border in May—one of the hot- [Rollcall Vote No. 83 Leg.] Mr. FRIST. Mr. President, I call up test months of the summer. A coyote— YEAS—94 my amendment which is at the desk. a human smuggler—left him with only Akaka Bond Clinton The PRESIDING OFFICER. The 2 gallons of water. It wasn’t enough. He Alexander Brownback Coburn clerk will report. became delirious, lost touch with re- Allard Bunning Cochran The assistant legislative clerk read ality and collapsed on the ground, to Allen Burns Coleman Baucus Burr Collins as follows: die within sight of the Arizona high- Bayh Cantwell Conrad The Senator from Tennessee [Mr. FRIST] way he had struggled to reach. Bennett Carper Cornyn proposes an amendment numbered 3191 to I commend the Customs and Border Biden Chafee Craig amendment No. 3192. Protection’s existing efforts to save Bingaman Chambliss Crapo

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2576 CONGRESSIONAL RECORD — SENATE March 30, 2006 Dayton Kennedy Reid will be discussed and debated over the and we must allow movement of inno- DeMint Kerry Roberts course of the remainder of today and cent citizens and commercial traffic. DeWine Kohl Salazar Dodd Kyl Santorum tomorrow and next week—and that the That is the nature of a border—to con- Dole Landrieu Sarbanes news media may well focus on only seg- trol, to shape, to clarify, to identify Domenici Lautenberg Schumer ments of it, attempting to dramatize those who move across our borders. Dorgan Leahy Sessions it, attempting to suggest there are In the last 5 years, we have increased Durbin Levin Shelby Ensign Lieberman great divisions amongst Members of funding for border security by 60 per- Smith Enzi Lincoln Snowe the Senate and the Congress as a cent. For those who say you have done Feingold Lott whole, and the citizens as a whole— nothing, you are just flat wrong. This Feinstein Lugar Specter Frist Martinez Stabenow Congress will start and end with legis- Congress, understanding from 9/11 to Graham McCain Stevens lation that serves, first and foremost, today the responsibility of controlling Grassley McConnell Sununu the national security interests of our our borders, has invested dramatically Hagel Menendez Talent Hatch Mikulski Thomas country. the resources of the American tax- Hutchison Murkowski Thune The bill that is now before us in- payer. We now have some 10,000 Border Inhofe Murray Vitter cludes provisions that are unique and Patrol agents along the southwestern Inouye Nelson (NE) Voinovich important and truly address those border and 1,000 along our northern Isakson Obama Warner kinds of concerns that Americans have Jeffords Pryor Wyden border. Our border protection agents Johnson Reed been speaking out about ever since 9/11, have removed more than 4.5 million NOT VOTING—6 ever since we were thrust upon the people, of whom some 350,000 have issue of immigration and a reality that Boxer Gregg Nelson (FL) criminal records. In fiscal year 2005 Byrd Harkin Rockefeller we had anywhere from 8 to 12 million alone, the U.S. Border Patrol appre- foreign nationals, undocumented peo- The amendment (No. 3191) was agreed hended 1.19 million people attempting ple within our country, and that some to. to enter our country illegally. Through of them, while but a few, were intent Mr. MCCONNELL. Mr. President, I the State Criminal Alien Assistance on doing us harm, were intent on at- move to reconsider the vote. Program, Congress has provided more Mr. CRAIG. I move to lay that mo- tacking our citizens and not here to than $4 billion to State and local gov- tion on the table. work and to benefit themselves and ernments to help with the cost of in- The motion to lay on the table was their families. So it is appropriate that carcerating criminal aliens. It isn’t agreed to. we start this discussion by looking at a just making sure the border is impen- The PRESIDING OFFICER. The Sen- critical element of national security, etrable, but when they cross the border ator from Kentucky. and that is simply border control. making sure that we at the local level Mr. MCCONNELL. Mr. President, I I must tell my colleagues, that is as can bring about the kind of law en- ask unanimous consent that the fol- difficult, if not more difficult than at- forcement that apprehends at least the lowing Senators be recognized: Senator tempting to address, understand, and criminal element and incarcerates MARTINEZ, for up to 3 minutes; Senator identify some 11-plus million undocu- them and holds them for future pros- CRAIG, for up to 15 minutes; Senator mented foreign nationals who are now ecution. DORGAN, for up to 20 minutes; Senator in our country. Why? Because we have Last year’s emergency supplemental LINCOLN, for 15 minutes, with a Repub- phenomenal borders. The United States funding bill contained an amendment lican speaker between Senator DORGAN has 7,458 miles of land borders and over by Senator ROBERT BYRD and myself and Senator LINCOLN; and that the ma- 88,600 miles of tidal shoreline. We can- reprogramming funds from other pro- jority leader or his designee be recog- not possibly build a fence that long, grams to make an immediate and sub- nized at 5 p.m. that high, and that deep everywhere to stantial downpayment on increasing The PRESIDING OFFICER. Is there accommodate with absolute surety Border Patrol as well as adding hun- objection? that those borders are impenetrable. dreds of other law enforcement agents Hearing none, it is so ordered. I grew up with this as a very common and nearly 2,000 more detention beds The Senator from Florida. statement amongst most Americans. for illegal immigrants the law requires Mr. MARTINEZ. Mr. President, I ask When you read the history books and to be held for criminal activity. We unanimous consent that I be allowed to the government books of my day, while didn’t even have space, once arrested, speak as in morning business for 2 min- I was in the sixth and seventh and once apprehended, to put the criminal utes. eighth grade and in high school and element or those we felt might be en- The PRESIDING OFFICER. Without college, America was tremendously gaged in criminal activity. objection, it is so ordered. proud that it had literally thousands However, even as we have increased (The remarks of Mr. MARTINEZ are and thousands of miles of northern bor- border enforcement, net illegal immi- printed in today’s RECORD under der and southern border that were un- gration continues to be estimated at ‘‘Morning Business.’’) guarded, that we were a peaceful na- 400,000 to 500,000 people a year. We were The PRESIDING OFFICER. The Sen- tion. And the nation to our north, Can- all stunned last week at the report ator from Idaho. ada, and the nation to our south, Mex- that undercover Federal agents man- Mr. CRAIG. Mr. President, I come to ico, were peaceful nations. We didn’t aged to smuggle radioactive material the floor this afternoon to participate have to have guarded borders, and we through security checkpoints at the in what I believe is a fundamentally didn’t guard them. It was not only im- border. For all the billions we have in- important, if not historical, debate practical in that day, it was simply un- vested, while there is no question the about national security and border necessary. border is tightening, it is still pen- control and immigration and local law We realize the world has changed sig- etrable in an illegal way. enforcement, of a magnitude and an nificantly and that clearly establishing Clearly, despite the resources we importance that this country has not workable security policies that act in have poured into the border, and with seen in a long while. many ways as a fence or a border must many successes, there is still much left This afternoon, I want to focus on be called a virtual fence, a virtually to be done. The legislation before us, border control because border control impenetrable border because it won’t incorporated in a much broader immi- is synonymous with national security. be just building the fence where many gration policy, is the kind of legisla- If there is one responsibility our Gov- propose it ought to be built. It goes tion that ought to go first, coupled ernment has—it is, in fact, a constitu- well beyond that. It truly is a policy with a responsible national immigra- tional responsibility—it is that of na- that works, that allows, that identi- tion policy. tional security. fies, that controls, that shapes the re- Both bills before the Senate today It is crucial, for observers, citizens, lationship of our border so that while contain numerous provisions aimed at listening in, watching, trying to under- we want to stop those who may do us improving our border security. They stand this debate—and oftentimes frus- harm and control those who want to will increase the number of Federal of- trated by it—to understand that while cross the border undetected, we must ficers policing our borders and improve there are many contentious issues that also recognize that we have to allow their training. These bills will clean up

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2577 Federal laws addressing criminal centers and on the border, and to con- run out of gas, you will be landing soon aliens, increasing the penalties for struct at least 200 miles of vehicle bar- and we did. We were there for 4 or 5 alien smuggling and gang violence and riers and all-weather roads in areas hours until someone found us and sent illegal entry and reentry, and expand- that are known transit points for other helicopters in to get us out. ing the definition of aggravated felony illegals who traffic the border. Is this The campesinos in the area had seen that is the basis for removing aliens or nothing? This is a phenomenal, historic the helicopters landing and they de- denying them entry in the first place. investment in building that virtual cided to walk up and see who we were. These bills support the President’s fence that is necessary and appropriate So 30, 40 campesinos came to the heli- decision to end the catch-and-release at this time. copter that landed, and we talked with program. Can you imagine, that is ex- It is safe to say that nobody in Con- them. We had an interpreter with us. actly what we have been doing. You gress, House or Senate, believes our job I visited with a young woman with catch an undocumented worker, you is done until we have acted to increase her three children in tow. We talked file it, you release them. Why? We security for America’s citizens, know- about her life. She had never met any- didn’t have the capacity to detain ing that those who cross the border body from the United States. I asked them and hold them, to process them cross it legally and that those who about her life and I said: What would appropriately and make sure they were cross are not a criminal element, are you aspire to do with your life? She returned to the other side of the bor- not putting our citizens at risk. None said: I would like to come to the der. Clearly, that is now in here, in- of us believes our job will be done until United States of America. I said: Why stead of requiring detention of all the border is closed but open to legal would that be the case? She said: Well, aliens caught illegally across the bor- entry, open to those who have a right that is where there is opportunity—in der until they could be formally re- to come across because we have so des- the United States of America. This moved. We couldn’t handle that. Now ignated them, so recognized them for young woman, in the jungles of Nica- we are increasing the number of ports the purpose they would come—to work ragua and Honduras, saw opportunity of entry and provide for improvement in our economy to provide for them- in the United States. of existing ports. selves and their families, to come here It is true that in much of the world, There is much more to improve bor- to work, to go home, to someday be- if you ask people what are your aspira- der security in this legislation. I come an American citizen if they tions, they would like to go to the thought I would refer to a few of the choose and if they stand in line and United States. We are a beacon of hope other areas of enforcement policy. The make the application and make the ef- and opportunity. We have created a bill authorizes 250 new Customs and fort to become just that. country that is quite extraordinary—a border protection officers, 200 new posi- I have been very outspoken about ag- country in which we have developed a tions for investigative personnel to in- riculture and agriculture’s need for for- broad middle class. That middle class vestigate alien smuggling, and 250 addi- eign national workers. American agri- helped create jobs that paid well, that tional port of entry inspectors annu- culture needs some 1.2 million workers had retirement and health benefits, ally from fiscal 2007 to fiscal 2011. It annually. Many will be foreign nation- raised families, built communities, also increases the number of Customs als, as they have been in the past. built churches, built schools, sent their enforcement inspectors by 200 in sec- Without them, it is possible that we kids to schools. What a remarkable tion 5203 of the Intelligence Reform could collapse American agriculture. If country. and Terrorism Prevention Act of 2004. we cannot find the workforce for Amer- At the start of the last century, lead- It authorizes 2,400 additional Border ican agriculture to come here to work, ing all the way up to this century, we Patrol agents annually for 6 years, add- then American agriculture’s invest- had debates, which sometimes turned ing an additional 4,400 agents to the ment will go elsewhere to fill the su- violent, about what are the conditions border over 6 years to the 10,000 already permarket shelves of our country with of freedom, what are the rights in this added by the Intelligence Reform and the quality of plentiful food that Amer- country. People died in the streets. Terrorism Prevention Act of 2004, for a ican consumers have grown and expect James Fyler died. Not many remember total of 14,400 new Border Patrol agents to be there. What American consumers his name. He was shot 56 times. Do you by 2011. have not recognized is that over the know why James Fyler was shot 56 If America says nothing is being last 20 years, most of that food has times? It was because he believed that done, then America, listen up: This been harvested by illegal foreign na- people who were going down into the Congress is as committed as you are tionals. coal mines ought to have a better deal. concerned about border control and Next week, I will talk in detail about He stood for coal miners, for the right building that fence. But it will not be changes in policy that are embodied to form labor organizations and bar- a steel and concrete fence stretching within this legislation to improve our gain collectively. He paid for that with from the Gulf of Mexico to the Gulf of immigration policy, to recognize those his life. California and the west coast. It will be who have come who deserve to be Franklin Delano Roosevelt, in the a virtual fence of electronics, of sur- treated fairly. But today, tomorrow, first third of the century, helped write veillance flights, of the recognition of and clearly throughout the week, I and signed the Fair Labor Standards new ports and people, personnel, be- hope Americans understand that first Act, which created rights for American cause the other is, at best, impractical and foremost our effort is to gain con- workers. It changed the conditions of and, at worst, once done, unworkable. trol of our borders, to make them se- work in our country. When Roosevelt That is why what we are doing now, cure, to make Americans feel com- died—there is the story that I have many of us who have studied and fortable that we have done our very mentioned previously on the floor of worked with this issue for a good num- best to take the thousands and thou- the Senate about the journalist cov- ber of years believe, is the right ap- sands of miles of border, both land and ering his funeral. As his body lie in proach. sea, and to secure them for the sake of state in the Capitol of the United Technical assistance and infrastruc- our Nation’s security. States, a long line of people formed to ture: The bill authorizes such sums as I yield the floor. file past the body of the President. A are necessary in the acquisition of un- The PRESIDING OFFICER. The Sen- working man holding his cap, with manned aerial vehicles, cameras, poles, ator from North Dakota. tears in his eyes, stood in the line a sensors, and other kinds of technology Mr. DORGAN. Mr. President, some long while. The journalist came up to to achieve operational control of the long while ago, I was on a helicopter him and said: Did you know President borders and to construct all-weather flying in Central America between Roosevelt? And the working man said: roads and add vehicles and vehicle bar- Honduras, Nicaragua, and El Salvador, No, I didn’t, but he knew me. riers along the borders. in the mountains and jungles, with two His point was that this was a Presi- It requires the Department of Home- other Members of Congress. We, unfor- dent who stood with working men and land Security to replace damaged pri- tunately, ran out of fuel. So we abrupt- women. Who knows the working men mary fencing and double- or triple-lay- ly landed. It is a universal rule that if and women today? Who stands with ered fencing in Arizona’s population you are in a flying machine and you them and for them today? Well, we

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2578 CONGRESSIONAL RECORD — SENATE March 30, 2006 built a place that is quite extraor- come. But the folks at the bottom have tom fourth of the wage scale in this dinary, and a lot of people want to struggled, lost ground, lost jobs, lost country who are struggling to find come to this place. Now, if you fast for- retirement, lost health care. Now this good jobs, to hang onto those jobs. ward to 2006, we see a strategy in this Congress is saying we want to change We are told by companies: We cannot country with respect to trade, the out- the status of 11 million people who are find American workers to take these sourcing of American jobs, and now here illegally and make them legal, No. jobs. Oh, really? I am telling you that with respect to immigration, of 1; No. 2, in addition to that, we want to there is a price at which people will insourcing cheap labor. have a guest worker program by which take those jobs. You just want to pay I know this is a sensitive subject and 400,000 people who now are outside of dirt poor wages. How? Just bring in im- a very difficult one for the Congress this country are going to be allowed in, migrants who work for lower level and the American people. There are in the next year, and that can increase wages, and that way you never have to two elements of what is being discussed 20 percent each year. As this chart raise the income by which you attract by President Bush and by those in the shows, that guest worker provision, in American workers. Chamber of the Senate. One deals with my judgment, will likely lead to 4.6 That, in my judgment, undercuts our those who have come to this country million additional people coming into economy, it disserves our workers, and illegally—the 11 million or so—and the this country who now live outside of it sends a message when you ask the second deals with an add-on to that, of- the country. question: Who knows American work- fered in unlimited quantity by Presi- What is the purpose of this? I don’t ers? Not this Congress, not this Presi- dent Bush and in the quantity of 400,000 think there is much question at all. dent. My hope is that we will start un- workers per year by the underlying bill Why does the U.S. Chamber of Com- derstanding what we are doing here. discussed in the Senate, called guest merce and American business want We are talking about American work- workers. this? They want to bring in cheap ers who all too often these days are I will talk a little about this. This labor. We have seen lots of examples of seeing lost jobs, lost wages, lost retire- chart shows the illegal immigration this. Let me show a picture. This pho- ment programs, lost health care, and over the past two decades. People don’t tograph shows immigrant workers who lost opportunity. Now we are talking like to use the term, but you have to were doing work in response to Hurri- about a Congress that is talking not use that term. We have processes for cane Katrina. I will tell you about this just about the 11 million people who immigration here. Let me describe for a minute because I want to talk came here illegally but about a Con- what that process is. We allow people, about motives and what is happening gress who says on top of that: Why through H–2A visas and H–2B visas—ag- with respect to this proposal for guest don’t we see if we can find a way, a for- riculture and non-agriculture work—to workers which is of, by, and for Amer- mula by which we can add 400,000 a come into this country legally. In addi- ican business that wants to import year; and at the end of 6 years, you tion, people immigrate to live here per- cheap labor. conceivably could have said we want manently. In 2004, 175,000 people immi- On October 17 of last year, I chaired 4.6 million more workers who are now grated here legally from Mexico. By a Democratic Policy Committee hear- living in our country to come back to comparison, last year, 1.1 million who ing to talk about contracting practices do this job. Is this about good govern- attempted to come into this country il- with respect to the recovery effort due ment, about good economics? Is this legally were stopped at the border. to Katrina. I heard from Al Knight and sensible? Is this standing up for Amer- Last year, we understand—although Mike Moran from Louisiana. They run ican workers? No. we don’t have hard numbers—in addi- a small business in Louisiana. Al and I will tell you, it is about American tion to the 1.1 million who were Mike run a New Orleans company. businesses, big businesses who run stopped at the border, another 400,000 They were hired by a subcontractor of most of the agenda around here, who to 700,000 came across illegally, to add the Halliburton Corporation to provide want to continue to have access to a to this growing number of illegal im- 75 qualified electricians to work on a pipeline of cheap labor, because if you migrants in this country. project they had begun at the naval air have cheap labor coming in, you never, My colleagues say—and I understand station in Belle Chasse, LA. The Halli- ever have to increase wages at the bot- the comment—nobody is going to burton subcontractor very quickly re- tom. round up 11 million or 12 million people placed their 75 local workers with It has been 8 years since this Con- and prosecute them and deport them workers from outside the region, many gress has increased the minimum wage and all that. I understand that. We are not trained as electricians and not for American workers—8 years. We going to discuss the conditions of all of from that region. Here is what Al have increased everything else—tax that, and that is important to do. I Knight said, manager of the New Orle- breaks for wealthy Americans, oppor- don’t want to, nor would any of my col- ans company that lost that job, who tunities for companies to move jobs leagues want to, diminish the worth, had 75 workers who lost jobs: overseas. But we have not increased the dignity of those who are part of Almost all of the workers were from out of the minimum wage in 8 years. That is this pool. They came here illegally, but State. Most did not speak English. Few unbelievable. It is unforgivable, just in many have been here a long time. I un- seemed to be qualified electricians. Accord- terms of values. derstand that is a difficult issue. But ing to the Halliburton subcontractor, they Now, we have quotas in this country let me not talk about that. were being paid two-thirds of our prevailing by which we allow people in. Some Let me talk instead about the add-on hourly wage, with no benefits. At the time, don’t like that. But the fact is, if to- by President Bush and by the under- they were living in small tents off base. morrow we had a new public policy and lying bill in the Senate dealing with Another person who testified had this said as a country, look, there are no re- guest workers. I want to talk about picture of the living conditions of im- strictions, no more quotas, no more that because as we outsource American migrants being brought in at subpar immigration issues, whoever in this jobs through terrible trade deals and wages to do this work. That is at the world wants to come here, God bless because big American corporations root of much of this discussion with re- you, come and stay. If we did that, we want to find cheap labor in China, In- spect to guest workers. all know what would happen. We share donesia, Bangladesh, and Sri Lanka, as Five days after I held that hearing, this small planet of ours with about 6.3 we outsource those jobs and decide to the Washington Post ran an article billion people; half of them live on less insource cheap labor to take the jobs that pointed out that there was a raid than $2 a day. Half of them have never on the bottom of the economic ladder and they found the illegal workers made a phone call, and they don’t have here, the question ought to be asked: down at that job site on a U.S. naval access to clean, potable water. We sim- Mr. President, who knows today’s air base. ply cannot, as a country, having built American workers—especially those at Look, I am not unsympathetic to what we built to increase our standard the bottom of the economic ladder? people who want to work and come of living, decide that we can be the I know the folks at the top have had into this country. But I am much more sponge for everybody everywhere who it real good for a long time. They have sympathetic, as an American, to those wants to come to our country. We can- an increasing share of America’s in- people at the bottom fifth or the bot- not do that.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2579 As a result, we have immigration ready exist, there isn’t any way to de- The PRESIDING OFFICER. The Sen- laws. Those immigration laws provide scribe what this is going to mean other ator from Oklahoma. opportunities for others to come to our than it is going to depress income for Mr. INHOFE. Mr. President, before country. Last year, for example, our the lowest 20 to 40 percent of the Amer- the Senator from North Dakota leaves, Southern border allowed 175,000 people ican workers, and it is going to take I have been paying attention to his to immigrate legally. Second, through jobs from the lowest 20 to 40 percent of comments and feel strongly that he has the processes of the visas that are the American labor force. made very good points. I am going to issued for agricultural workers and I remember Ross Perot when he zero in on areas he did not cover. I sus- temporary, seasonal nonagricultural talked about NAFTA, the horrible pect he will agree with many. workers, tens and tens of thousands trade agreement that has dramatically One point is there is an answer to more came across temporarily. That is injured our country. He was then talk- stopping our perforated borders. There the way we have always done business. ing about American jobs going to Mex- is a means of doing it a lot cheaper I understand those who have come to ico. He called it that giant sucking than people have talked about. And the this floor saying let’s try to find a way sound, that giant sucking sound, suck- other point is a requirement for to address the status of the 11 million ing American jobs to Mexico. He was English to be the official language. It people who are already here. I don’t un- right about that. All the economists, is a rather complicated subject, but derstand this Congress, this President all the hotshots who got paid all the those two areas I think the Senator saying: Oh, by the way, we have this money on behalf of American busi- probably would agree with me, as I huge problem that has become a mush- nesses particularly supporting NAFTA agree with most of the remarks he has rooming problem, so let’s bring in told us: Some jobs will go there. They made. 400,000 more workers each year, and will be low-skilled, low-wage jobs. First, Mr. President, for some reason, let’s add to it by putting a formula in Oh, I am sorry. We have some experi- I have never been sure why it is, but I this bill that says we will have an ex- ence now. Mr. President, do you know have been invited to speak at more pansion of 20 percent more each year, if what those jobs are? The three biggest naturalization ceremonies in my State you reach the 400,000 in the first quar- imports into this country from Mexico of Oklahoma than any other Members, ter. I don’t think that makes sense. are automobiles, automobile parts, and I believe. It is always a very touching I understand all those who speak for electronics, all of them the product of event for me because these people go immigrants, and I don’t want to do high-skilled jobs but not high wages. through the process, the legal process, anything to diminish their value, their They displaced high-skilled, high-wage of becoming a citizen of the United worth, their dignity. God bless them jobs in this country. Now that giant States, as my grandparents had to do. all. But I also want to be here standing sucking sound will be heard from the They learned the language. They for American workers who are strug- other direction. That giant sucking learned more about the history of this gling trying to find their footing, try- sound will be sucking 400,000 immi- country than the average person you ing to find a job. grant workers into this country each will run into on the streets of Wash- There is no social program in this year at the bottom of the economic ington, DC. And these people are so country, there is no social program ladder to displace workers in this coun- proud. that we work on in this Congress, as try. I am not talking about the 11 mil- I recall one guy. He is from Vietnam. important as a good job that pays well lion; I am talking about 400,000 addi- His name is Thi Van Nguyen. He is an because that allows everything else to tional workers who will displace Amer- outstanding young man, and he had be possible in a family. A good job al- ican workers and continue to put worked hard to become a citizen. I hap- lows people to take care of their kids. downward pressure on wages. pened to be a speaker at his naturaliza- It allows people to do the things they I don’t understand what the thinking tion ceremony that was taking place in want to do. There are fewer and fewer is of people who decide that they want one of the courthouses in Oklahoma. of those kinds of jobs. to find a way to continue to diminish After the ceremony was over, he To suggest on top of dealing with the opportunities in our country for our went down and changed his name to 11 million-plus guest worker program workers. I think of what a turnabout James Thi Nguyen, instead of Thi Van to bring 400,000 a year in with a 20-per- this has been for this country in a cen- Nguyen, which was the highest honor cent expansion program on top of that, tury. There was a time when American one can pay because here is a person I think it defies all common sense. This workers were valued, work was valued. who wanted to go through the process is clearly a corporate strategy to keep No one stood quite as tall as those who of becoming a citizen the right way. It wages low. It clearly will replace the had a good job. appears to me anything short of a slap jobs of American workers. I am going to speak on this next in the face to all these people who Let me describe a study that was re- week again, and I know others have came here legally and did it right. cently done. Professor George Borjas of some time, but I do want to make one I would like to mention a couple of the John F. Kennedy School of Govern- final point. I have not yet spoken areas I am going to be offering in the ment did a study on the impact from about the security on our borders. Sen- way of amendments. One is what we 1980 to 2000 on U.S. wages by ethnicity. ator DOMENICI and I introduced legisla- call the National Border and Neighbor- What he said is the kind of integration tion dealing with real border security, hood Watch Program or the BRAVE occurring with people taking sub- which I expect we will talk about addi- Force. There is an acronym for every- standard-wage jobs—and incidentally, tionally. While I have talked about thing. It stands for border regiment as- corporations have been wanting to do jobs and income and immigration, the sisting in valuable enforcement. that because if someone is illegal, they issue here is in addition to security, a I think we have learned one thing can pay them little or nothing. They country targeted by terrorists has to that probably most of us knew already. don’t have a lot of leverage with the have secure borders. A country that is I draw from a background of having employer. What he said is it has de- such a magnet for illegal immigration been a developer in south Texas right creased income for the average Amer- has to have secure borders. A country on the Texas border. I have been there ican worker. It has decreased income that cares about its workers has to many times, and I have been down for the Hispanic workers more than have secure borders. A country that there actually working and developing anyone, talking about the Hispanic cares about the ability of a worker to for some 35, 40 years. workers who are part of the workforce find a job and have a decent wage and It happens I am an aviator, so I legally, and it has decreased income for have retirement benefits has to care would always fly my own plane down African Americans, Whites, and Asian. about the security of its borders. It is there and land at Cameron County Air- But Hispanics and African-Americans just that simple. port. It is adjacent to the immigration have been the hardest hit of all. Mr. President, how much time do I center. I would watch and see what was The fact is, with this illegal immi- have remaining? going on. Yes, we are taking good care gration and now on top of that, hun- The PRESIDING OFFICER. Time has of those people. dreds of thousands of so-called guest expired. I started getting interested in it. I workers on top of the visas that al- Mr. DORGAN. I yield the floor. said: What is the negative? What are

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2580 CONGRESSIONAL RECORD — SENATE March 30, 2006 these people facing should they be where we are going to have to use mili- mistranslation in hospitals, people who caught trying to come illegally over tary people on these borders when they are unable to support their families— the border? They go into the center. So are already overworked. The all because they can’t speak English. I looked over at the center and saw OPTEMPO of our military right now is Making English the official language half were in brown jumpsuits and half at an unacceptable rate. By ‘‘mili- would also help immigrants assimilate, were in orange jumpsuits. I said: What tary,’’ I mean our standing forces, as which is vitally important to becoming is the reason for that? well as the Reserve components—the an American and preserving our rich They said: A football team brown Guard and Reserve. This wouldn’t af- heritage. versus the green and basketball and fect that. This would ensure we are not As my colleague, Senator ALEX- other activities. going to have to further dilute our ANDER, said yesterday—and I thought Probably the food—I went over and military. so much of this, I got his quotes—he inspected it—is better than most peo- That is one of the amendments I am said: ple would eat in their country. going to offer. The second one has to do Becoming an American— I looked at that and thought: We with the English language. I know peo- This is very significant— aren’t really offering much of a dis- ple get all exercised about this issue. Becoming an American is also a unique ac- incentive for people to come in ille- The language is taken almost verbatim complishment because it has nothing to do gally. from PETER KING’s House Resolution with ancestry. This program we call the Brave Force 4408 by strengthening a very weak pro- In other countries, it has to do with Program recognizes that our borders vision in the Judiciary Committee bill ancestry. My family came from Ger- can be closed, our borders can be that will be under consideration here, many, so we all come from different strong borders, and we can stop people that illegal immigrants currently in places. from coming in. I am sick and tired of the United States must merely ‘‘dem- He said: people saying this can’t be done or it onstrate an effort’’ to learn English America is an idea, not a race. We are can only be done with a certain kind of when applying for a green card. united by principles expressed in our found- fence. There are areas with serious Anyone can demonstrate an effort to ing documents—the very principles that we problems, but the answer is in num- do anything. You don’t have to do any- are debating in this immigration legisla- bers. thing to do that. So that is a meaning- tion—not by our multiple ancestries. The minutemen demonstrated very less phrase. There is no requirement I am still quoting from Senator clearly that if you have enough people whatsoever. My amendment would re- ALEXANDER, who made this speech yes- down there and take a 35-mile area, quire these immigrants to learn our terday, which is well researched and you can stop people from coming language by making English the offi- well thought out. across. I recognize the criticism of that cial language of the United States and Some suggest that our diversity is what program. I don’t agree with it. Cer- making all official business of the makes our country great. To be sure, diver- tainly there is some authentic argu- United States conducted in English, in- sity is one of our strengths, but diversity is ment against it when they say these not our greatest strength. Jerusalem is di- cluding publications, tax forms, infor- verse. The Balkans are diverse. Iraq is di- people are not law enforcement people. mation material, and other items. verse. The greatest accomplishment of the They are not trained that way. As a matter of fact, my amendment United States of America is that we have I found out something after 9/11 when follows what at least 26 other States molded that magnificent diversity into one we were dealing with the TSA, and already have at the State level. They Nation based upon a set of common prin- that is that Federal law enforcement have English as the official language. ciples, language, and traditions. That is why officers have a mandatory retirement Half the States already have that, and the words above the desk— age of 57. Since I have worked with there is nothing wrong with making And the desks of many of us, includ- them before, I started getting letters that uniform throughout the United ing mine— from them saying: Why can’t we come States. say ‘‘One from many,’’ not ‘‘Many from in as sky marshals and other positions? Making English the official language one.’’ We, as an organization, would be will- would eliminate about $1 billion to $2 Clearly, as Senator ALEXANDER so ing to do it just for cost, just to pay billion annually that we spend on pro- eloquently stated, our Nation is unique our expenses. viding language assistance, including among the nations of the world in that If we had an army down there, as my Federal agencies and funds recipients, we welcome people from all countries amendment calls for, these people are according to the Office of Management and backgrounds to become Americans. available. It is virtually just for the and Budget. By becoming Americans, they are say- cost of sustaining these people while Studies show that those who know ing they want to adopt our laws and they are on watch. There would be an English get better jobs, earn more our way of life, and this includes army of law enforcement officers for money, and are less likely to be unin- speaking English. It is very much like each trained Border Patrol agent. Then sured. As a result, English decreases the case I just cited to you of Thi Van we have the neighborhood watch people Government dependency. Nguyen coming in so emotionally who are volunteers and are not trained This will come as a shock to you, Mr. wrapped up. It wasn’t enough just to properly, but they can help the second President, because they think—and I become a citizen of the United States, tier. do speak Spanish. I have worked for he wanted to adopt my name. There would be three tiers. We would many years in areas—I was a commer- Some of our colleagues as well as the have the trained Border Patrol people, cial pilot in some of the Latin Amer- people watching us may think this then the retired law enforcement offi- ican countries. I know the language amendment is unnecessary because cers, and then, of course, the neighbor- fairly well, so I can communicate. But they mistakenly think English is our hood watch people. It is a numbers I do know this: There are a lot of immi- official language anyway, but it is not. game that has been very successful and grants in this country who support I have received constituent letters in- has worked. English as the language. sisting that the Senate do something Civilian volunteers, much like the In 1995, there was a poll—I talked about bilingual ballots, bilingual edu- minutemen, would be able to report to about this once before on the floor—by cation, and driver’s licenses in other those who are in a higher level of train- Luntz Research, and it said that more languages. ing. I think this BRAVE Force would than 80 percent of immigrants sup- People in my State of Oklahoma are be effective. You don’t have to be a ported making English the official lan- angry, and they have good reason to be rocket scientist to see we can do some- guage. so. It seems there are those who object thing on the border. It is just we have Eighty percent. These are the ones to immigrants learning a single word not been able to do it. who are supposed to be against it. They of English. This is not an exaggeration. Let me interject that as one of the are not against it, they are for it. In the April 10, 2006, issue of The Na- high-ranking members of the Senate The need for official English appears tion magazine, an article called Armed Services Committee, I certainly in our newspapers every day—injuries ‘‘Strangers in the Land’’ seriously don’t want to get sucked into the point in the workplace, lawsuits over asks:

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2581 Why should linguistic competence be a fac- has a different meaning than the A recent Zogby poll confirmed that tor—or acceptable as an item for democratic English version does. In the absence of most Hispanic Americans still agree debate—in determining citizenship? As my an official language, there would be no with Mr. Miller. Eighty-four percent of comrade for a day in Los Angeles would at- way to resolve that dispute. Americans, including 77 percent of His- test, a nonEnglish speaker in the United States not only can get and hold down a job; For decades now, we have looked the panics, believe English should be the she— other way while multilingual mandate official language. So there were two to- Or he— was piled upon multilingual mandate. tally different polls taken at different State and local taxpayers have shoul- times coming to the same conclusions. can also turn out the vote. Why should a nonEnglish speaker be allowed to mobilize dered much of the fiscal burden for our We are not doing them any favors. for American democracy, not to join it as a insistence upon welfare forms in Span- I think a lot of politicians are so citizen? ish and school documents in Cantonese. afraid they are not going to get the Learning the language and learning Immigrants, too, have suffered from Hispanic vote in some of these highly something about American history was this ‘‘reign of multilingual microman- populated Hispanic States, and they something the ancestors of nearly ev- aging.’’ are misinterpreting. To me, it is insult- eryone in this Chamber accomplished The National Review just this week ing to the Hispanic community to say: as a matter of course. All of a sudden, put the problem in a very vivid per- You cannot be a real American unless everything is changing, and we are told spective, and I will quote because I you learn—just by sitting on the side that it is unfair to expect today’s im- want this in the RECORD: lines. I believe they are all capable of migrants to do likewise. Yet if people I was reading Li Shaomin’s account of learning it and they are able to do it are not encouraged to learn English, being held in China over long months. and they are willing to do it. they will be dependent upon trans- Some of us will remember that. The other polls have similar findings. lation services for the rest of their Li recounted how the Communist security Ninety-one percent of foreign-born lives. There is nothing wrong with thugs taunted him and tried to break him. Latino immigrants agree that learning using a translator. I have done so on Taking his passport, they said, ‘‘This will do English is essential to succeeding in my trips to Africa quite often. But it is you no good. You may have an American the United States, according to a 2002 passport, but you are not a real American, Kaiser Family Foundation poll. A 2002 dangerous to rely entirely upon the ac- and never will be. You were born in China, curacy of any translator, especially in and you will always be Chinese. Carnegie/Public Agenda poll found that one’s own country. The competence of by more than a 2-to-1 margin, immi- Every bilingual ballot and every mul- any given interpreter is all too often in grants themselves say the United tilingual government document sends the eye of the beholder. States should expect new immigrants this same message to immigrants: You Judge Wayne Purdom told the Na- to learn English. These are immigrants are not a real American, and you never tional Law Review that once inter- saying that they expect to have to will be. This is wrong. preters are in place, the arguments learn English. Thankfully, America’s Hispanic im- have only begun: migrants are turning out this vile mes- My official English amendment is the Sometimes one interpreter is very critical sage that they need not bother to learn only popular thing to do, the right of another’s translation—right in the middle thing to do, and it is the fiscally nec- of the courtroom—and they will interrupt English. Hispanic Magazine recently carried a essary thing to do. Multilingual gov- and contradict each other and say the other ernment is not cheap, and translation person’s translation is inaccurate. story, ‘‘The Next Generation of His- is not free. This Nation is at war with We have seen it happen. We have doc- panic TV is in English.’’ Allow me to read a paragraph from this news story: a relentless foe. Just as a family seek- umented cases. Even the translation ing to reduce expenditures will reexam- currently required at the polls has Most U.S. Latinos are bilingual, 54.7 percent, say Census data, and consume media in ine its budget to look for needless failed to accomplish its intended pur- frills, so too must the U.S. Govern- pose: helping people cast an informed both Spanish and English. The 2002 National Survey of Latinos by the Pew Hispanic Cen- ment. ballot. ter found that 46 percent of second-genera- I also wish to mention the two pic- Consider the 2000 election: In one tion and 78 percent of third-generation adult tures I brought with me today. As the community in New York, the Chinese Hispanics speak mostly English. old saying goes, a picture is worth a bilingual ballot translated the ‘‘Demo- The Pew Hispanic Center echoed thousand words. There is nothing I cratic’’ label on all State races as ‘‘Re- these findings in 2004: could say that would be more telling publican,’’ while ‘‘Republican’’ was In one key segment of the Hispanic popu- than these pictures, taken of high translated to be ‘‘Democrat.’’ Con- lation—likely voters in U.S. elections—the school students in California raising sequently, we know the results. English language media is the dominant the Mexican flag above an upside down In the 1983 case of People v. Diaz— source of news. More than half of Latino vot- American flag. This is not only dis- and we have talked about this before— ers, 53 percent, get all of their news in graceful, it is disgusting and a slap in a California court confessed, and I am English and 40 percent get news from media the face at everything for which this quoting now from the record: in both languages, while only 6 percent of great country stands. These students We recognize that frequently there is no likely voters get all their news in Spanish. single word in a foreign language which car- Statistics such as these are counter are living here enjoying the benefits of ries the identical meaning of a single word in to what most people think. The idea the United States, not Mexico. But this the English language. We examined four dif- that 80 percent of the immigrants want is happening all over the country, it is ferent Spanish translations of the Miranda English to be the official language is not just California. I believe this pic- advisement at issue. really pretty incredible. Hispanics are ture demonstrates what I have been That was the case going on at that learning English, they are willing to talking about—that we desperately time. learn English and support the idea that need to seal our borders and instill We discovered that none of these trans- immigrants should learn English. Only ways of helping immigrants know and lations was identical. the groups which claim to represent love this country and appreciate the If governments do not agree on the the Hispanic people seem to have a sacrifices made for the liberties they proper Spanish translation of the problem with the English language. Of would be enjoying. phrase ‘‘You have the right to remain course, should Hispanic immigrants So there are two amendments that I silent,’’ how can they accurately trans- fail to learn English, these self-styled have. One would go a long way to se- late the context of legal documents? Hispanic leaders will benefit from their curing the border. I know it will work; And the short answer is, they cannot. ignorance. it has been demonstrated by numbers. But legal language is complex because John Miller of National Review told That is the name of the game. Sec- it is meant to be exact. Translation The Washington Post, correctly, on ondly, making English the official lan- may muddy that precision. May 28, 1998: guage of the United States of America, I can see the day when someone will On the whole, there is an American na- to do away with this type of thing. go to court claiming that the Spanish tional identity that immigrants ought to be Over 2 years ago, on January 7, 2004, translation of some piece of legislation encouraged to assimilate into. after President Bush’s press conference

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2582 CONGRESSIONAL RECORD — SENATE March 30, 2006 on Fair and Secure Immigration Re- droves, they are having ‘‘anchor ba- Federal Government could be spending form, I announced my principles re- bies’’ in rapid numbers. $35 billion a year in unpaid taxes, ac- garding immigration reform: These babies are helping the immi- cording to Gear Stearns Asset Manage- I would oppose any program that gration population grow more rapidly ment. would shortcut the current naturaliza- than the birth rate of American citi- This figure does not include addition process; zens. tional costs spent on illegal immi- I would oppose any program that re- In fact, the Census Bureau estimates grants for welfare, healthcare, edu- wards illegal aliens for their illegal that at the time of the 2000 Census, the cation, and imprisonment. acts; illegal immigration population reached In fact, according to Americans for I would oppose any program that approximately 8 million. Immigration Control, a nonpartisan, does not further address the porous na- Therefore, according to this esti- grassroots organization, the implica- ture of our borders. mate, the illegal-alien population grew tions for these illegal immigrants in I remain true to those principles by almost half a million a year in the the future could cost upwards of $1,500 today. Let me elaborate. 1990s. per year if these same illegal immi- I agree with the 1997 U.S. Commis- These numbers are derived from a grants are granted amnesty because sion on Immigration Reform which draft report given to the House Immi- they would suddenly have access to stated that measured, legal immigra- gration Subcommittee by the INS that many social programs for which they tion has lead to create one of the estimated the illegal population was are not currently eligible. world’s greatest ‘‘multiethnic na- around 3.5 million in 1990. This means the government could tions.’’ In order for the illegal population to spend an additional $6 billion in wel- I also agree with the commission have reached 8 million by 2000, the net fare expenditures alone. that immigrants who are ‘‘American- increase would be around 400,000 to Taxpayers also pay for illegal immi- ized’’ help cultivate a shared commit- 500,000 per year during the 1990s. grant’s healthcare. ment to ‘‘liberty, democracy and equal According to CIS, based on numbers According to the Oklahoma Health opportunity’’ in our Nation. from the National Center for Health Care Authority, illegal immigrant However, I cannot stand idly by and Statistics, in 2002 there were about 8.4 women living in my State gave birth to watch this great Nation collapse under million illegal aliens, which represent 2,600 babies in 2005. Delivery of these the pressure of illegal immigration. about 3.3 percent of the total U.S. pop- children cost $6.5 million, or 83 percent Roy Beck, executive director of Num- ulation. of all Medicaid money that is spent on bers USA, a nonprofit organization That same year, there were about healthcare for illegal immigrants in dedicated to immigration reform, stat- 383,000 babies born to illegal aliens, Oklahoma. ed that: which represented about 9.5 percent of Taxpayers also pay every time an il- A presence of 8 to 11 million illegal aliens all U.S. births in 2002. in this country is a sign that this country legal alien visits an emergency room; has lost control of its borders and the ability Additionally, in the Spring 2005 issue which they often use as their primary to determine who is a member of this na- of the American Physicians and Sur- healthcare provider. tional community . . . a country that has geons Journal, Dr. Madeleine Pelner Federal prisons are also feeling the lost that ability increasingly loses its ability Cosman says: strain from illegal immigrants. to determine the rules of its society—envi- American hospitals welcome anchor ba- June 2003, criminal aliens comprised ronmental protections, labor protections, bies. Illegal alien women come to the hos- 34,456 of the prisoners held in Federal health protections, safety protections. pital in labor and drop their little anchors, prisons. Beck goes on to say: each of whom pulls its illegal alien mother, According to the Bureau of Justice In fact, a country that cannot keep illegal father, and siblings into permanent resi- Statistics, holding criminal aliens in immigration to a low level quickly ceases to dency simply by being born within our bor- Federal prisons cost taxpayers $891 ders. be a real country, or a real community. million in 2002. Rather than being self-governed, such a Anchor babies are, and instantly In Oklahoma alone, the estimated country begins to have its destiny largely qualify for public welfare aid. Be- determined by citizens of other countries annual operating expenditure for Fed- tween—300,000 and 350,000 anchor babies eral prisons was almost $12,000 per non- who manage to move in illegally. annually become citizens because of Illegal immigrants continue to flood citizen inmate in 1999. the fourteenth amendment to the U.S. Additionally, elementary and sec- our borders and cause a myriad of prob- Constitution: lems for our country and law-abiding ondary education is often one of the All persons born or naturalized in the most expensive programs funded by citizens like you and me. United States, and subject to the jurisdic- For example, according to the Center State and local governments. tion thereof, are citizens of the United A 1982 Supreme Court ruling entitles for Immigration Studies, CIS, a non- States and the State wherein they reside. children of illegal immigrants to tax- profit immigration reform organiza- Dr. Cosman continues: tion, some of the most violent crimi- payer-funded government education. In 2003 in Stockton, California, 70 percent Today, according to the Urban Insti- nals at-large today are illegal immi- of the 2,300 babies born in San Joaquin Gen- grants, not to mention the terrorists tute, an estimated 1.1 million school- eral Hospital’s maternity ward were anchor aged children of illegal immigrants are who have illegally entered our country babies, and 45 percent of Stockton children or overstayed their visas. under age six are Latino (up from 30 percent living in our country. I would like to share a personal story in 1993). In 1994, 74,987 anchor babies in Cali- The cost of educating these illegal regarding illegal aliens who commit fornia hospital maternity units cost $215 mil- students is almost $2 billion per year crimes in the United States and then lion and constituted 36 percent of all Medi- and is projected to top $27 billion per flee across the border to Mexico. Cal births. Now they account for substan- year in the near future, according to Last May, my friend’s son, Jeff Gar- tially more than half. Americans for Immigration Control. rett, was tragically shot by an illegal These anchor babies are being used to Considering the burden and risk of alien while Jeff was turkey hunting in enable their parents to skirt the law, the current level of illegal immigra- Colorado. cross our borders, and bring in addition, I firmly believe it is vital to se- Ater he shot Jeff, the alien fled to tional, illegal aliens. cure our borders first, before we ad- Mexico where he is hiding today. Furthermore, as the law currently dress any other immigration issue. I know this story is just one among stands, by allowing these children to be What the Judiciary Committee voted many about police officers and other considered citizens, it is an incentive out is amnesty; it allows virtually any- innocent Americans murdered each for more aliens to illegally cross into one who is here illegally or who wants year by illegal aliens who then find our country. to come here to apply for citizenship. safe harbor in Mexico. I am very concerned about the cost This is a reward for law-breakers. It We must prevent these criminals these illegal immigrants have on the is essentially an open flow for immi- from coming across our borders. U.S. economy. gration. Not only are illegal immigrants in- Because illegal workers do not pay We have seen in the past that this ap- creasing by crossing the border in income taxes, it is estimated that the proach does not work.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2583 For instance, in 1986, the Immigra- I further ask that we not bring up the economy. This is why a plan based on tion Reform and Control Act, IRCA, Judiciary Committee’s amnesty bill. ripping these roots out of the ground granted amnesty for illegal immi- Mr. President, I yield the floor. and deporting over 10 million people is grants already here in return for strict The PRESIDING OFFICER. The Sen- simply not realistic. prohibitions against future illegal en- ator from Arkansas. First, we couldn’t afford it. Second, I trants. Mrs. LINCOLN. Mr. President, I rise am not sure we could implement it. In place of promised outcomes, how- today to add my voice to this debate on And then think of what it would do to ever, the number of illegal aliens has reforming our immigration system. our economy. more than tripled since IRCA was While many of us here may have our While these people may have come passed. differences, I think one thing on which here illegally, many of them have been Another problem with the Judiciary we all agree is that the current system here long enough now to have become Committee bill has to do with college is broken and something must be done part of the fabric of our communities. tuition for illegal aliens. now if we are ever to get this situation Removing them will break up families While current law allows States to under control. and it will hurt our local economies. determine whether or not they will There does seem to be a consensus in I am not saying we should grant am- provide in-State tuition at colleges and this body, and I think it is appropriate, nesty, and neither does the amendment universities for illegal aliens, the Judi- that we absolutely must strengthen Senator SPECTER has offered. It is crit- ciary Committee bill includes a provi- our borders. I personally believe that ical to know that amnesty is not the sion whereby the Federal Government securing our borders has to be a pri- answer. No reform should grant am- mandates that States provide in-State ority in what we achieve in this legis- nesty. Total and immediate forgiveness tuition for illegal aliens. lation. Our borders have been porous for past crimes—these are not things This is unfair for the thousands of for years and we must take adequate we believe in this country. The rule of out-of-State students who must pay steps to secure them, and we must do it law is critical. To do so would severely higher tuition costs than illegal immi- now. undermine the rule of law in this coun- grants who have broken the law and do This is a homeland security issue, try. not belong in our country. first and foremost, but it is also a good As I stated, it is impractical to be- Some say we don’t necessarily need government issue. American taxpayers lieve, though, that we can simply as many guest workers as the Judici- continue to see their tax dollars spent round up and deport all illegals in this ary Committee bill allows. on securing our borders without the re- country. It is also unlikely we can coax For example, economist Philip Mar- sults they deserve. While traffic from illegals out of the shadows by offering tin of the University of California says areas where we have placed more en- them a limited period to remain in this that, when the ‘‘Bracero’’ program of forcement has decreased, border cross- country before we eventually deport the 1960s that brought in seasonal ings in total have risen by 43 percent, them. They will continue to hide and Mexican laborers was discontinued in despite tripling patrol personnel. The move around in the same networks 1964, the California tomato industry cost of an arrest has increased from that have protected them thus far. that had depended on these workers de- 1992, when it was $300, to the cost of I believe the solution is earned legal- veloped oblong tomatoes that could be $1,700 in 2002. ization, and that is why I have sup- picked by a machine—increasing Cali- Americans cannot afford this type of ported the McCain-Kennedy bill and fornia’s tomato output five times more performance from a security stand- the similar bill that was passed out of than what it was before the machines point or an economic standpoint. At a the committee, offered as a substitute were used. time when America is facing its most by Senator SPECTER. In a recent Washington Post article, serious threat and dealing with record Some have characterized these bills Robert Samuelson expresses his view deficits, having our borders remaining as amnesty. Amnesty is a general par- that with a massive guest worker pro- unsecured as we spend more on them is don for a previous crime. By contrast, gram, we are importing poverty. simply unacceptable. It is unacceptable this reform plan includes serious con- Referring to guest workers, Samuel- to the American people in terms of se- sequences for those who remain in our son says: curity and economics. country illegally. . . . they generally don’t go home, assimila- But securing our borders without Under the committee bill, an illegal tion is slow and the ranks of the poor are dealing with the over 12 million un- immigrant faces an immediate $1,000 constantly replenished. Since 1980 the num- documented immigrants who are in fine, a security background check, ap- ber of Hispanics with incomes below the gov- this country is not the solution either. plication for a work visa, and an 11- ernment’s poverty line (about $19,300 in 2004 One without the other is not going to year path to citizenship. Most immi- for a family of four) has risen 162%. Over the achieve the results we want in the grants who apply for citizenship now same period, the number of non-Hispanic cost-effective way we must do it. whites in poverty rose 3% and the number of achieve that in 5 to 6 years. After stay- blacks, 9.5%. Many in this body are probably some- ing continuously employed for 6 years, what unaware that my State of Arkan- paying all back taxes, learning He continues: sas had the largest per-capita increase English—as my colleague from Okla- What we have now—and would have with of its Hispanic population of any State homa has expressed as being a very im- guest workers—is a conscious policy of cre- in the Nation during the last census. ating poverty in the United States while re- portant part of this—learning U.S. his- lieving Mexico. By and large, this is a bad Arkansas has become what is referred tory and government, and paying an- bargain for the United States. It stresses to as an emerging Hispanic commu- other $1,000 fine in application costs, local schools, hospitals and housing; it feeds nity, with largely first-generation im- the worker could then apply for a green social tensions (the Minutemen have wit- migrants. These immigrants have a card and legalization. nessed this) . . . dramatic impact on our communities That is not going to the front of the As a matter of fact, according to the and on our economies. They are hard line, but it is going to the end of the Pew Hispanic Center, the illegal immi- working, they are active in the reli- line after those who have already cho- grants that are currently here only gious community, they are law abid- sen a legal path to begin with. Their represent about 4.9 percent of the labor ing, and they are putting their children green card application, as I said, will force; they represent 36 percent of insu- through school. Whether they came go to the back of the line behind all the lation workers, 28 percent of drywall here legally or illegally, they are es- legal applicants who are waiting for installers, and 20 percent of cooks. tablishing roots and we cannot dispute those green cards. Finally, this path is These illegal immigrants, while large that. The majority of immigrants in only available to the illegal immi- in numbers, are not the majority of the my State came to the United States grants who were here before January of workforce. because they wanted good work and a 2004. I ask that we consider the Frist bill better way of life for their families. A This does not sound like amnesty to which, though not perfect, would in- good number of them are educated and me. It sounds like a challenge but a crease enforcement and border secu- wanted to take advantage of the oppor- challenge that presents excellent re- rity. tunities afforded to them in the U.S. wards instead of the dire consequences

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2584 CONGRESSIONAL RECORD — SENATE March 30, 2006 we would suffer if we took an irrational nity divided. Not because people want- ficult question the reasoned and thor- reaction to this enormous problem that ed to defend the illegals who were ough debate it deserves, but that we is growing in our Nation. there, the undocumented, or those who will not forget the balance, the very in- The other path for an illegal immi- were there with false documents, but tricate balance of American values grant would be to continue trying to because of the way it was handled. that brings out the rule of law and the hide. But now, under increased enforce- That is what we are here to debate. Not importance of the rule of law but also ment measures and stiffer penalties as that we differ about that. I don’t think the desire and the compassion we feel. we have seen that we would put into anybody in this body wants amnesty. That is what the American spirit is all place under this bill, I believe the ma- They don’t. What they want to do is to about. jority of the people who have come make sure we handle this issue in the I believe the Senate will agree to here illegally but came to make a bet- right way. welcome those who came here illegally ter life for themselves, will emerge I would imagine most of my col- if they are willing to show another from those shadows to become legal leagues in this body learned, as I did, American value, and that is sacrifice. residents of their communities, to en- at an early age from their parents that We all know a great deal about sac- gage in what we came here to seek, be- there is a right way and a wrong way rifice as we see incredible Americans, cause we have provided for them a to do everything. We have an oppor- men and women in the Armed Forces pathway to become legal. tunity to come together, to figure out and all over this country, whether it is It comes at cost. It comes at great the right way that is consistent with our emergency responders or others. If cost to them, both financially as well the American values we all hold dear, we see those who have come here ille- as the time they have to spend to en- to figure out a solution to this enor- gally showing that willingness to ex- gage themselves in becoming legal resi- mous problem that continues to grow. hibit that American value of sacrifice, dents of this great Nation. But it is It reflects on who we are as Americans then I think we as a body will be able worth it to them and it is worth it to with respect for the rule of law, mak- to produce something to welcome them us to set this issue straight, to begin to ing sure that people know they have to into our great society and our great reform a problem that is growing des- follow the law and they have to act Nation. perately out of control. within the confines of the law, but with I urge my colleagues, as we continue Many of them already pay local taxes the kind of encouragement that every in this debate, that we keep our heads in the communities where they are. human being should be allowed to calm and our minds open. Some of them are paying into Medicare reach their potential. I yield the floor. and Social Security with no promise of You can pay those fines, you can I suggest the absence of a quorum. receiving any of the benefits. But think take the initiative and learn English The PRESIDING OFFICER. The how we could strengthen those pro- and learn about this great country. clerk will call the roll. grams if we put them on a pathway to You can get back at the end of the line The assistant legislative clerk pro- legalization. We know who these 12 after having tried to break into the ceeded to call the roll. million undocumented workers are and line in front and still have the ability Mr. KYL. Mr. President, I ask unani- we put them into the system to to reach that potential if you are will- mous consent that the order for the strengthen Social Security and Medi- ing to pay for your mistakes. That is quorum call be rescinded. care by assuring that their The PRESIDING OFFICER (Mr. ISAK- what this bill is about. withholdings are coming out and going When I think of the calls for the ar- SON). Without objection, it is so or- into the system as well. dered. I am reminded of an incident in my rest and the deportation of 10 to 20 million undocumented immigrants in this AMENDMENT NO. 3206 TO AMENDMENT NO. 3192 home State of Arkansas. Recently, we Mr. KYL. Mr. President, I have an saw law enforcement officials who were country, I think of that frightful night in Arkansas where children and par- amendment at the desk. acting on a tip from an informant. The PRESIDING OFFICER. The These were national law enforcement ents were severed in an unruly way. Their families were destroyed. Children clerk will report. officials. They did not contact the The legislative clerk read as follows: local law enforcement in our small were left by themselves without anyone to care for them because law en- The Senator from Arizona [Mr. KYL], for communities there in Arkansas, but himself and Mr. CORNYN, proposes an amend- the folks from Washington swooped forcement had not thought that out. ment numbered 3206 to amendment No. 3192. I think of that frightful night in Ar- into a poultry processing plant and Mr. KYL. I ask unanimous consent kansas and then I see it multiplied they arrested approximately 120 work- the reading of the amendment be dis- thousands of times across this country. ers who were carrying forged or illegal pensed with and that this be designated That is not the right way to handle identification documents. the Kyl-Cornyn amendment. this issue. As Americans, we can be What occurred there does not make The PRESIDING OFFICER. Without smart. Yes, we can be diligent and we what those illegal immigrants did objection, it is so ordered. right. It doesn’t make it right at all. can even be tough. But we can be tough The amendment is as follows: in a way that reflects the values of who They were there illegally. They were (Purpose: To make certain aliens ineligible there with forged documents. Actually, we are and how this Nation was cre- for conditional nonimmigrant work au- it was a local U.S. citizen in the com- ated—by giving people opportunity and thorization and status) munity who had helped produce those requiring responsibility. On page 329, line 11, insert ‘‘(other than documents for them. But I want you We stand at a crossroads in this subparagraph (C)(i)(II) of such paragraph for a moment to think about what oc- country. Over the last decade and a (9))’’ after ‘‘212(a)’’. curred after these Washington law en- half, the Latino population has ex- On page 330, strike lines 10 through 15, and forcement officials swooped into a panded in every area of our country, insert the following: ‘‘(3) INELIGIBILITY.—An alien is ineligible community without notifying the local many of them coming here legally but some illegally. We are faced with a de- for conditional nonimmigrant work author- law enforcement and seized 120 work- ization and status under this section if— ers. cision that gets to the heart of what ‘‘(A) the alien is subject to a final order of Most of these workers were parents. values we hold dear as Americans. We removal under section 217, 235, 238, or 240; They are parents who were not allowed have always said: If you work hard and ‘‘(B) the alien failed to depart the United to call home to tell their children what you play by the rules, there is a place States during the period of a voluntary de- was happening. We had children who for you in America to raise your chil- parture order entered under section 240B; were left behind in the care of the dren and contribute to our great melt- ‘‘(C) the Secretary of Homeland Security Catholic Church, or friends, or anybody ing pot, to strengthen our commu- determines that— who would take care of these children. nities, to be a part of this great land. ‘‘(i) the alien, having been convicted by a We are faced now with what to do final judgment of a serious crime, con- Some of them were as young as 12 stitutes a danger to the community of the months old—kids abandoned because with some who have broken the rules United States; the parents were not allowed to call. to come here but have since worked ‘‘(ii) there are reasonable grounds for be- It was a sudden and brutal act and it hard to provide for their families. I lieving that the alien has committed a seri- separated families and left a commu- hope the Senate will give this very dif- ous crime outside the United States prior to

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2585 the arrival of the alien in the United States; Now, as I said, this seems rather 465,000. Fugitives are foreign nationals or straightforward. Why would we allow who have been ordered removed by a ‘‘(iii) there are reasonable grounds for re- criminals to become citizens of the Federal immigration judge but failed garding the alien as a danger to the security United States? Why, indeed? Why was to comply with the order. of the United States; ‘‘(D) the alien has been convicted of any this provision left out of the under- From March 1 through September 30, felony or three or more misdemeanors; or lying bill? Whatever the reasons, it 2003, which is when ICE began tracking AMENDMENT NO. 3207 TO AMENDMENT NO. 3206 shouldn’t have been. This amendment fugitive apprehensions, there were 3,409 Mr. CORNYN. Mr. President, I send a fixes that. fugitives with final orders of removal second-degree amendment to the desk. Why is it important? For one reason, who were apprehended. In the same pe- The PRESIDING OFFICER. The we have an awful lot of criminals that riod, 2004, they apprehended 7,239 fugi- clerk will report. have either come into the United tives with final orders of removal, The legislative clerk read as follows: States or people who have illegally en- which was an increase of 112 percent The Senator from Texas [Mr. CORNYN] pro- tered the United States and then com- over that period in 2003. poses an amendment numbered 3207 to mitted serious crimes, serious enough The point is that there are more and amendment No. 3206. that they have had to be imprisoned in more criminal aliens coming to the Mr. CORNYN. Mr. President, I ask U.S. prisons. In fact, one of the exer- United States or people committing unanimous consent the reading of the cises we go through every year around crimes while they are here or people amendment be dispensed with. here is to try to get Federal funding who are being given orders to depart The PRESIDING OFFICER. Without under SCAAP, which is called the and who are not doing so. objection, it is so ordered. State Criminal Alien Assistance Pro- I noted before that between 10 and 15 The amendment is as follows: gram, SCAAP funding, to reimburse percent of the apprehensions of illegal At the end of the amendment add the fol- States and local governments for hous- immigrants today are people who have lowing: ing illegal-immigrant prisoners. criminal records. And they are serious This provision shall become effective 1 day In the past, we felt that since it is criminal records. We are talking about after enactment. the responsibility of the Federal Gov- murder, homicide, kidnapping, drug of- Mr. KYL. Mr. President, Senator ernment to control the border and that fenses, rape, assaults, and the like. CORNYN and I introduced this amend- has not been done, that when one of These are serious criminals. ment, which is very simple in its terms these people commits a crime and is In Arizona, my own State—the most but we think very important. The es- convicted of that crime and impris- recent figures are about a year old—al- sence of it is to say that criminals oned, the Federal Government ought to most one in six inmates is a Mexican should not participate in the tem- at least pay part of the expenses. It has citizen. I don’t mean to suggest by this porary worker program and path to usually been in the neighborhood of a that Mexican citizens are somehow citizenship program that is allowed for fourth to a third of the expenses. more prone to be committing crimes. I under the bill that passed out of the Part of what Senator CORNYN and I don’t have the statistics for foreign na- Judiciary Committee. propose is that we would increase the tionals of other countries. But the bot- It seems rather elemental that what- amount of Federal support for the tom line is, from only one foreign ever program we have for immigrants State and local governments for hous- country, we have almost one in six in- to this country, that they be people ing these criminal illegal immigrants. mates in Arizona prisons of this one who have worked hard and played by How big is the problem? Of the 1.5 foreign country. If you add the others, the rules, as some people characterize million State and Federal prisoners in the number, obviously, will be larger. it, that they be hard-working people 2004, over 91,000 were foreign nationals. In March of 2005, Phoenix jails who, other than perhaps coming into Think about that: 91,000 criminals in housed 1,200 criminal aliens who by law the country illegally, have been law- prison were foreign nationals. About should have been deported. And even abiding citizens. That seems fairly ele- 57,000 in State prisons, about 34,000 in when deportation is ordered, according mental. Federal prison. to a FOXNews report, about 60 percent As a matter of fact, in the 1986 law The SCAAP funding gives us some of those orders are ignored. So you still that many have described as amnesty idea of the number of these people. As have a huge number of people who are and few think worked very well, there I said, it has paid roughly about a third unaccounted for. was a specific prohibition of that law of the expenses when we spend about In Los Angeles, in that same period, applying to people who had been con- $600 million a year; unfortunately, last 95 percent of all outstanding homicide victed of a felony or three mis- year we only funded $305 million. Even warrants and 60 percent of outstanding demeanors. That is the exact term that if it were funded at $700 million, it felony warrants were for illegal aliens. our amendment provides for. If you would represent about a third of State This is according to a FOXNews report. have been convicted of a felony or costs. That gives some idea of the mag- Let me repeat that statistic. If you three misdemeanors, you are not eligi- nitude of expense associated with the want to know why we have offered this ble to participate in this program. housing of these illegal immigrants. amendment, in L.A., a year ago, 95 per- In addition, if you have been ordered With regard to the provision that cent of all outstanding homicide war- by a judge to depart the United States deals with the so-called absconders, rants and 60 percent of outstanding fel- and you have violated that court order, people who went before a judge and the ony warrants were for illegal aliens. you would not be permitted to partici- judge said, for whatever reason, you That is an astounding figure. pate in this program. Those are the must depart the United States, you are So while it is true many people come two key points. under court order to leave, but they to this country to work and provide a There is one other element to it, and don’t, they just meld back into society, better living for their families and the that is having to do with prior convic- the Bureau of Immigration Customs only crimes they have committed are tions of crimes and posing a threat to Enforcement estimates that there are coming into the country illegally and the United States. If the Department of more than 400,000 such absconders and using fraudulent documents for em- Homeland Security Secretary deter- 80,000 fugitive criminal aliens with out- ployment and other purposes, it is also mines that you have been convicted by standing final orders of removal who true a large amount of crime is associ- final judgment of a serious crime and are hiding in the United States. These ated with this phenomenon of illegal you constitute a danger to the United are people who have committed serious immigration. States or that there are reasonable crimes. There is no way that these peo- One of the first things we should do grounds to believe you have committed ple should be allowed to get on this when we talk about enforcement of the a serious crime outside of the United path to citizenship or participate in law is to ensure we are not adding States before you arrived or that you this worker program. those criminals to the group of people are a danger to the security of the The Bureau of Immigration and Cus- who would be authorized to participate United States, then you would not be toms Enforcement estimated earlier in what is going to be a very humane able to participate in this program ei- this month that the number of fugitive program of temporary worker, and for ther. aliens in the United States is about some a pathway to citizenship.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2586 CONGRESSIONAL RECORD — SENATE March 30, 2006 Let me cite two other statistics, and legislation is critical to our Nation. It want to come to this country on a tem- then I would like to yield to my col- is long overdue. I am glad we are fi- porary basis to work and to earn a liv- league from Texas. nally talking about border security and ing so they can support their family, so In September of 2004, of the 400,000- immigration reform in a comprehen- that they ultimately can return to plus illegal immigrants who were or- sive way. their country of origin with the sav- dered to be deported, 80,000 had crimi- I know, as a member of the Senate ings and skills they have acquired nal records. Now we do not know their Judiciary Committee, our chairman, while working in the United States. whereabouts, including the countries Senator SPECTER, and the committee But in a very real sense, these tem- from which they came. The point here have worked very hard on this legisla- porary workers do not intend to be- is that many were from countries that tion. There is a lot of the legislation come Americans. They do not intend to we call countries of interest; that is to that I think is very good. For example, sever their relationship with their say, countries where terrorists come the border security component of the country and their family and their cul- from. We know there are tens of thou- bill is very strong. I am proud to say ture. sands of illegal immigrants today who that a good chunk of that came from The fact is, we need those legal work- are apprehended coming from those legislation Senator KYL and I have ers here in the United States. We ought countries and probably three times as drafted and has been out there for a to create—and I do support creating—a many who are not apprehended. So in year or more. legal avenue for them to come and addition to people who have committed But I believe with all my heart that work for a time and then to return to crimes in the United States, there is a what has brought us to this day and their country of origin. The fact is, significant possibility some of these this debate on the Senate floor is be- that serves America’s national inter- people pose the kind of threat this cause Americans are terribly concerned ests. It also serves the national inter- amendment would go to as well. that in a post-9/11 world, we simply do est of those countries from whence Considering this group of so-called not have control of our borders. And they come. Indeed, one of the compo- other than Mexicans, people who can- they believe—and I believe they are nents of that, which we will talk about not simply be repatriated to Mexico correct—it exposes us to a danger and more as this debate continues, has to who have to be sent to their home that the Federal Government has a pri- do with establishing a legal oppor- country, this number has increased mary responsibility of making sure our tunity for people to work for a while in dramatically. In 2000, the number was security interests are protected. As I the United States and then to go home only 28,598, although that is a lot of said earlier today, border security is with savings and skills they have ac- people. In 2004, it was 65,000. In the first national security. quired here. 8 months of 2005, that number grew to Now, how did we get here? I believe The reason that is important—and over 100,000. And we are told that the this is important because I do not want this should not be overlooked—is that end result from last year, if my recol- people to get the wrong impression. We no country could sustain the perma- lection serves me correctly, was about are a proud nation of immigrants. All nent exodus of its hard-working young 165,000. of us—no matter who we are, how we people, which is what is happening to So the bottom line is that, No. 1, pronounce our last name, where we many countries south of our border there are illegal immigrants who are were born—came from somewhere else. today. Those economies are handi- criminals coming into this country. capped dramatically because of the America has been the net beneficiary There are people who are illegal immi- massive immigration and permanent of the fact that we have been that bea- grants who, once they get here, are exodus of their young people to this con of freedom and opportunity which committing serious crimes. There are country. has attracted people from all around people who clearly could be suspected What we ought to be about, not only the world. What distinguishes this of being a danger to the United States. in our national interest but as a means country from the rest of the world is And finally, there are close to half a of reaching out to those countries and that once you come to America, you million people who have been ordered enabling them to create economic op- become an American, not because of by a judge to leave the country for one portunity there at home, is a way for the color of your skin or your religious reason or another under our laws that them to build their own economy to constitutes a serious enough offense affiliation or beliefs or the country create opportunity in their homeland. that they are required to leave—who where you were born, you become an While there are certainly people who are absconders; they have decided to American because you believe in the will want to immigrate to the United ignore the court order—and have not American ideal and you believe that States permanently, there are many done so. everyone, no matter who they are, is others who, if given the opportunity to These are not the kind of people we entitled to the opportunity to achieve work for a while in the United States, want to become U.S. citizens. These their own American dream. That is would be more than happy to maintain are not the kind of people we want car- really one of the greatest legacies this their ties to their country and their ing for our lawns or caring for our chil- Nation will ever have. culture and their family and return dren or doing any of the other work But we are also a nation of laws. To home and possibly to come back after a that has been discussed here earlier me, the toughest part about this legis- period of time. today. lation has been, how do we reconcile But I say all that by way of predicate The bottom line is, there are plenty that vision—our American values of a to say that we have a right as a sov- of people who can do those jobs. We do nation of immigrants—with this impor- ereign nation not only to protect our not want to be adding to the problems tant notion and ideal of a nation that own borders, we have an obligation to of crime in this country by accepting also believes in the rule of law? make sure the American people are not on an equal footing, with the other One of the reasons I so strongly sup- exposed to extraordinary danger that kinds of folks whom we are happy to port this amendment is that while we might occur if common criminals are have here working with us on a tem- are a welcoming nation and we open given a free ride, inadvertently, in this porary basis, known criminals, people our arms to people who want to come bill. who should not be in this country to America to achieve a better life— Now, I do not imagine for a minute under any circumstances, certainly not hopefully through legal avenues of im- the authors of this bill intended that under the generous provisions of the migration—we know there are some felons, persons who were guilty of bill before us. I hope when we have a who have not come here through those three successive misdemeanors, people chance to vote our colleagues will legal avenues. What we are attempting who are under final orders of deporta- agree that, whatever else, criminals to achieve in this legislation is to cre- tion or criminal absconders—I do not should not be participating in this pro- ate legal avenues of immigration into actually believe the authors of this bill gram. this country. intended to grant an amnesty or to for- The PRESIDING OFFICER. The Sen- Some people may decide they want to give those crimes or to welcome those ator from Texas. come here to become legal permanent people into the United States because I Mr. CORNYN. Mr. President, this de- residents and citizens and become believe either these individuals, by vir- bate we are having on this important Americans. Others might figure they tue of the crimes they have committed,

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2587 should not be accepted into the United card, and those who have had their day a great injustice to people to assume States—and we certainly have a right in court and proven themselves dis- they are all alike and to bunch them to control who comes and who does not qualified from further opportunity to up into the same group. We need to ex- come, and I think these people have immigrate to the United States legally tract out of this group of people who disqualified themselves by virtue of and become American citizens or per- all of us intend to try to treat in the their criminal activity—but there is manent residents should not be in- most humane and responsible way we also another segment of people, some cluded in what some might regard as a can, however, the ultimate framework 400,000 individuals, who have had their repetition of the amnesty that was of a guest worker program or other day in court, who have been ordered de- issued in 1986. programs are developed, we need to ported because they have had their due It is with pleasure that I join Senator separate that group of people from process, and they simply have failed to KYL in cosponsoring this amendment. those who have committed crimes, peo- reappear so the law may be carried out. We urge our colleagues to support us. ple whom we don’t want to be here. So they are what is called an ab- Mr. KYL. Mr. President, will the Sen- That is the purpose of our amendment. sconder. And 80,000 of those some ator yield for a couple questions. We have decided it is important for us 400,000 people are criminal absconders, Mr. CORNYN. Certainly. to distinguish between the people who people guilty of felonies in the United Mr. KYL. First, does our amendment do not deserve to be automatically States, people who have, since they criminalize anything that isn’t already eliminated from consideration for have come here, disqualified them- criminalized? whatever program is going to be adopt- selves by virtue of their failure to com- Mr. CORNYN. Absolutely not. That ed here, those people who have actually ply with our law and no longer deserve has been one of the misconceptions or committed crimes and whom we would to be able to live in the United States. perhaps straw men that have been not want to bring into the country if So I believe it is very important to hoisted out there because some people we had a choice in the initial instance, make those distinctions. We ought to have suggested we are trying to crim- in other words, people who would be be able to distinguish between those in- inalize people who merely want to dividuals who have come to the United admittable in the country, certainly come to this country for economic op- people who would be deportable for States because they do not have any portunity to provide for their families. opportunity, they do not have any hope having committed these kinds of This does nothing of the kind. These crimes. So clearly if they should not be of providing for their families where are people who have already been con- they live—we are willing to find a way admitted into the country or they victed of felonies in the United States to provide them a way to work in a should have been deported for commit- or three misdemeanors or have com- legal system or, if they are willing to ting certain kinds of crimes, it mitted serious crimes out of the United comply with the requirements of the wouldn’t make any sense to allow them States, or that the Secretary of the De- law, to exit the country and return in then to participate in a guest worker partment of Homeland Security be- a legal way and work and live in the program or to put them on the path to United States, should they choose to lieves are a safety risk to the American citizenship. do so and should they be qualified—but people. That is the essence of our amend- Mr. KYL. So nothing in our amend- surely we can all agree there are cer- ment. Of all of the things we disagree ment makes any new kind of conduct a tain persons who, by virtue of their about—we understand there are misconduct, as evidenced by their un- crime. It simply deals with people who many—we think it is important to dis- willingness to comply with our laws have already committed crimes? tinguish between that group of people Mr. CORNYN. That is entirely cor- and exposing the American people to who otherwise have been law-abiding danger in the process, that we ought to rect. people and the group of people who The PRESIDING OFFICER. The Sen- be able to protect the public safety and have committed crimes. And iron- ator from Arizona. distinguish between people who have ically, most often the crimes these peo- Mr. KYL. Mr. President, I think that violated the immigration laws and ple are in jail for are committed is a very important point. I know there those who have committed far more se- against other immigrants, frequently are many people who were concerned rious crimes or abused their rights and illegal immigrants. They rape them. had the opportunity to be heard and about the House bill. Much of the They rob them. They beat them up. are under final orders of deportation. marching that was done last week was They hold them for ransom. In all of I will not go into any more detail against the House bill on the grounds the big cities in the Southwest, the other than just to say a few things that it was creating new crimes and largest number of crimes are com- about this amendment that I gladly even felony crimes. Nothing in either mitted by illegal immigrants against join. the legislation that Senator CORNYN primarily illegal immigrants. So to One of the reasons I am concerned and I have introduced nor in this help those who are otherwise innocent that under the Judiciary Committee amendment creates any felony offense, from being further preyed upon, we bill some people might perceive that nor does this amendment create any need to remove from this country, not what is granted is an amnesty is be- misdemeanor offense. It simply says allow them to participate in the pro- cause while there may be some defini- people who have already committed gram, to remove those people who tional disputes about what constitutes crimes should not participate in this would continue to prey upon the inno- an amnesty, what I am confident of is program or who have violated a court cent. That is what our amendment that people will agree that in 1986, we order of removal. would do. had an amnesty. And I am confident There are millions of people who I hope when it comes time to vote, the vast majority of people will agree have come to the United States ille- our colleagues will recognize that with me, not only was it an amnesty, gally but who otherwise, other than whatever other disagreements there they will agree with me, I believe, that perhaps using false documents, have are, these are the people who should it was a complete and total failure. The worked hard and abided by the rules. It not be allowed to participate in the tradeoff for the amnesty of 3 million is not in their interest to violate our program. people was to get worksite verification laws. Yet when the subject is discussed, The PRESIDING OFFICER. The Sen- and employer sanctions, yet the Fed- it is easy to roll all of the people up in ator from Pennsylvania. eral Government did not step up and one group and suggest that good and Mr. SPECTER. Mr. President, before provide that capacity. So what hap- decent people are no better than people commenting on the pending amend- pened is that 3 million now becomes 12 who have committed crimes, and they ment, I ask unanimous consent that million today. One reason I am so de- ought to all be treated the same. And Senator HAGEL be added as a cosponsor termined not to repeat the mistakes of some people have even said they ought to the committee bill. 1986 is because I believe it would be a to all be made criminals and thrown The PRESIDING OFFICER. Without magnet for further illegal immigra- out of the country. objection, it is so ordered. tion. While we may not like the fact that Mr. SPECTER. First, I thank Sen- This amendment is sensible. It pro- we have permitted people to come into ator KYL and Senator CORNYN for com- vides that criminals can’t get a green this country illegally, I believe it does ing to the floor to start the debate and

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2588 CONGRESSIONAL RECORD — SENATE March 30, 2006 offer an amendment. We are trying to the floor of the Senate in 2003 was them. It gives them rewards. It gives push ahead with this bill. It is appre- about the importance of becoming grants to organizations to help them ciated that they have come early. I am American, how in our country we are learn our history. It codifies the oath advised that the other side of the aisle unique because we do not base our of allegiance George Washington and would not be prepared to vote on this backgrounds on race or ancestry but on his troops took and that millions of amendment today or tomorrow. What a set of ideas, and how important it Americans have taken which basically we are trying to do is to line up a se- was for us to put the teaching of Amer- says I am not Scotch-Irish anymore, ries of votes for Monday afternoon. I ican history back in its rightful place which my family was. I am an Amer- am advised that Senator BINGAMAN in our schools so our children can grow ican. I am proud of my Italian herit- wishes to offer an amendment to add up learning what it means to be an age, but I am proud to be American. resources to Border Patrol, and on the American. That has been our history. surface, without final commitment, it Senator REID, the Democratic leader, Senator SCHUMER and I in two Con- looks as if it is an acceptable amend- joined me on that. Senator KENNEDY gresses have introduced legislation ment. We want to have an opportunity joined me and Senator REID. He and I making that oath a law, not just some there. Senator ALEXANDER has already are working together to create Presi- administrative dictum that someone spoken about an amendment which has dential academies for students and could mess around with, but put it a number. It has not yet been called teachers of American history. We are right up there with the Star-Spangled up. trying to take the National Assess- Banner, the National Anthem, and We are anxious to move ahead. It is ment of Educational Progress and other great symbols of America. always difficult getting started on a make sure that it includes another way My amendment establishes a reward bill, but it had been my hope that on a of putting the teaching of American to recognize the contributions of out- Thursday afternoon, when we went to history back in the right place in our standing new citizens. It asks the De- this bill yesterday, had opening state- curriculum. partment of Homeland Security and ments and had a full afternoon of dis- The reason we do that is because our the National Archives to develop ways cussion and extensive discussion today, common schools were created to help to dignify and celebrate these wonder- that we would have been prepared to immigrant children learn the three Rs ful ceremonies such as the one the have amendments and have some votes. and what it means to be an American. President attended on Monday where 30 Thursday is supposed to be our late Because if you don’t know the prin- people stood up and said: I have been night. Maybe more accurately stated, ciples upon which our country is based, here 5 years. I have demonstrated good our late night, if we ever have a late it is difficult to become an American. character. I have learned English, and I night. Well, we are not going to have a We have this advantage over other am proud of where I came from. But I late night tonight because there is not countries in the world who base their am prouder to be American. I swear al- a whole lot we are going to be able to nationality on race or on the color of legiance to this country, the same oath do. their skin or their ancestry. We don’t George Washington and the officers I believe the thrust of the Kyl-Cor- do that. It is important to become an took at Valley Forge in the year 1778 nyn amendment is a good one. American by understanding the prin- and which new citizens have taken in If I may have the attention of Sen- ciples of our country. We agree on that. this country ever since then. ators KYL and CORNYN while I am say- It is those principles that we debate We could talk about border security. ing good things about them. here. It is important, and that is the rule of Mr. KYL. We are all ears. This is not a debate about who is pro law. We can solve that problem. We Mr. SPECTER. I believe the thrust of or anti-immigrant. We are all pro-im- know how to do that. We can agree on the amendment is a good one. I want to migration because that is an important that. We can talk about how many take a look to see what is meant by part of our character. But we have guest workers we want. We already au- ‘‘voluntary departure’’ under 240B. But more than one principle at issue here. thorize 500,000 or more work visas a it looks to me when you want to ex- The first one is the rule of law. We are year. Perhaps we need more. We can clude the criminal class from being on all for the rule of law because people figure that out. The distinguished Sen- the path for working in this country, who come to this country don’t come ator from New Mexico and I have been the citizenship path, that is desirable. to a country where we don’t stop at working for a year with the National It is my hope we can move ahead and stop signs and we don’t observe con- Academy of Sciences to make certain transact some business and hear some tracts and we don’t follow the law. We that we in-source brainpower so we can amendments and hopefully move to follow the law here or there are con- keep our jobs from going to China and votes at the earliest possible time. sequences. We have those principles. India. I would like, through this legis- The PRESIDING OFFICER. The Sen- And we have the principle of equal op- lation, to make it easier for the bright- ator from Tennessee. portunity. And we have the principle of est people in the world to come here Mr. ALEXANDER. Mr. President, I a free market or laissez faire. We have and help us create our high standard of see Senator BINGAMAN. I will be brief in the principle above the President’s living. my remarks because I assume he wants desk of E Pluribus Unum. Our great I mentioned earlier in the day that to speak. If I could say to the chair- achievement is that we have taken this the top three jobs at the Oak Ridge Na- man, who was here earlier, I hope very magnificent diversity and forged it tional Laboratory, our largest science much we can begin to move to votes. I into one country. We are the United lab in America, are held by three for- spoke earlier today about an amend- States of America, not the United Na- eigners with green cards from England, ment which I filed which is amendment tions. Canada, and India. The Senator and I No. 3193. It is filed at the desk. It al- Therefore, the amendment that I had have worked together to recapture our ready has the cosponsorship of Sen- filed today and is ready to be voted on advantage in supercomputing in Amer- ators CORNYN, ISAKSON, COCHRAN, and tonight or tomorrow or Monday, when- ica so that America can be the leader SANTORUM. I ask unanimous consent ever we are ready, ought not to be very in computing. Who runs that program? that Senators MCCONNELL and MCCAIN controversial. It is simply to help the It is a citizen of India who is living be added as cosponsors. half million to a million people from here. Not only is there nothing wrong The PRESIDING OFFICER. Without other countries who are legally here with that, but he is here helping im- objection, it is so ordered. and ready to become citizens, to help prove my standard of living and the Mr. ALEXANDER. The majority them become Americans. It does that next person’s standard of living. leader, Senator FRIST, is also a cospon- by providing them with $500 grants so I want our discussion to be a com- sor. they can learn our common language. prehensive discussion. I want us to deal While I do understand and am dis- It doesn’t make them learn it; it helps with border security. That is the rule appointed by the fact that we are not them, if they want to learn it. It says of law. But I want us to set rules for going to be moving to votes tonight, to those who become fluent in English welcoming the people who temporarily this is not a new idea that I have made that they may become citizens in 4 work here and study here, but I also in my amendment. My first speech on years instead of 5. It doesn’t penalize want us to make sure we do the most

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2589 important thing and remember those (2) Despite the fact that the United States (b) USE OF FUNDS.—Grants awarded pursu- three words up there in the Senate Border Patrol apprehends over 1,000,000 peo- ant to subsection (a) may only be used to Chamber, ‘‘e pluribus unum.’’ They are ple each year trying to illegally enter the provide additional resources for an eligible law enforcement agency to address criminal not there by accident. They mean that United States, according to the Congres- sional Research Service, the net growth in activity occurring along any such border, in- we need to devote extra effort to mak- the number of unauthorized aliens has including— ing sure that those who come here le- creased by approximately 500,000 each year. (1) to obtain equipment; gally also become Americans. That is The Southwest border accounts for approxi- (2) to hire additional personnel; the real limit on the number of new mately 94 percent of all migrant apprehen- (3) to upgrade and maintain law enforce- citizens who can come here—whether sions each year. Currently, there are an esti- ment technology; they can become a part of our culture, mated 11,000,000 unauthorized aliens in the (4) to cover operational costs, including United States. overtime and transportation costs; and a part of our country, and become (5) such other resources as are available to Americans. (3) The border region is also a major cor- ridor for the shipment of drugs. According to assist that agency. If we don’t do that, we are nothing the El Paso Intelligence Center, 65 percent of (c) APPLICATION.— more than a united nations; we are not the narcotics that are sold in the markets of (1) IN GENERAL.—Each eligible law enforce- the United States of America. I think the United States enter the country through ment agency seeking a grant under this sec- there is broad agreement in this body the Southwest Border. tion shall submit an application to the Sec- retary at such time, in such manner, and ac- about that. That is why Senator SCHU- (4) Border communities continue to incur companied by such information as the Sec- MER and I introduced the oath of alle- significant costs due to the lack of adequate border security. A 2001 study by the United retary may reasonably require. giance bill. That is why myself and (2) CONTENTS.—Each application submitted others are working on helping to put States-Mexico Border Counties Coalition found that law enforcement and criminal pursuant to paragraph (1) shall— (A) describe the activities for which assist- American History back in our schools justice expenses associated with illegal im- ance under this section is sought; and for children. I am ready to vote on this migration exceed $89,000,000 annually for the (B) provide such additional assurances as amendment tonight or tomorrow, but I Southwest border counties. the Secretary determines to be essential to certainly hope the chairman and the (5) In August 2005, the States of New Mex- ensure compliance with the requirements of ico and Arizona declared states of emergency leaders on both sides of the aisle would this section. in order to provide local law enforcement allow Senator BINGAMAN’s amendment (d) DEFINITIONS.—For the purposes of this and my amendment and others to be immediate assistance in addressing criminal section: activity along the Southwest border. voted upon as soon as possible. (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— (6) While the Federal Government provides The American people are expecting The term ‘‘eligible law enforcement agency’’ States and localities assistance in covering means a tribal, State, or local law enforce- us to deal with immigration. We are costs related to the detention of certain here and we are ready to do it. Let’s ment agency— criminal aliens and the prosecution of Fed- (A) located in a county no more than 100 get on with it. It is time to stop debat- eral drug cases, local law enforcement along miles from a United States border with— ing and start acting, and a good way to the border are provided no assistance in cov- (i) Canada; or start would be to help prospective citi- ering such expenses and must use their lim- (ii) Mexico; or zens become Americans. That would ited resources to combat drug trafficking, (B) located in a county more than 100 miles finish a comprehensive bill. human smuggling, kidnappings, the destruc- from any such border, but where such county tion of private property, and other border-re- The PRESIDING OFFICER. The Sen- has been certified by the Secretary as a High lated crimes. Impact Area. ator from New Mexico is recognized. (7) The United States shares 5,525 miles of Mr. BINGAMAN. Mr. President, I ask (2) HIGH IMPACT AREA.—The term ‘‘High border with Canada and 1,989 miles with Impact Area’’ means any county designated unanimous consent to lay aside the Mexico. Many of the local law enforcement by the Secretary as such, taking into consid- pending amendments so that I may agencies located along the border are small, eration— offer an amendment. rural departments charged with patrolling (A) whether local law enforcement agen- The PRESIDING OFFICER (Mr. large areas of land. Counties along the cies in that county have the resources to Southwest United States-Mexico border are ALEXANDER). Is there objection? protect the lives, property, safety, or welfare some of the poorest in the country and lack Without objection, it is so ordered. of the residents of that county; the financial resources to cover the addi- (B) the relationship between any lack of AMENDMENT NO. 3210 TO AMENDMENT NO. 3192 tional costs associated with illegal immigra- security along the United States border and Mr. BINGAMAN. I send an amend- tion, drug trafficking, and other border-re- the rise, if any, of criminal activity in that ment to the desk to amendment No. lated crimes. county; and 3192. (8) Federal assistance is required to help (C) any other unique challenges that local The PRESIDING OFFICER. The local law enforcement operating along the law enforcement face due to a lack of secu- clerk will report. border address the unique challenges that rity along the United States border. arise as a result of their proximity to an The legislative clerk read as follows: (3) SECRETARY.—The term ‘‘Secretary’’ international border and the lack of overall means the Secretary of the Department of The Senator from New Mexico [Mr. BINGA- border security in the region Homeland Security. MAN] proposes an amendment numbered 3210 SEC. l03. BORDER RELIEF GRANT PROGRAM. (e) AUTHORIZATION OF APPROPRIATIONS.— to amendment No. 3192. (a) GRANTS AUTHORIZED.— (1) IN GENERAL.—There are authorized to be Mr. BINGAMAN. I ask unanimous (1) IN GENERAL.—The Secretary is author- appropriated $50,000,000 for each of fiscal consent that further reading of the ized to award grants to an eligible law en- years 2007 through 2011 to carry out the pro- amendment be dispensed with. forcement agency to provide assistance to visions of this section. The PRESIDING OFFICER. Without such agency to address— (2) DIVISION OF AUTHORIZED FUNDS.—Of the objection, it is so ordered. (A) criminal activity that occurs in the ju- amounts authorized under paragraph (1)— risdiction of such agency by virtue of such (A) 2⁄3 shall be set aside for eligible law en- The amendment is as follows: agency’s proximity to the United States bor- forcement agencies located in the 6 States (Purpose: To provide financial aid to local der; and with the largest number of undocumented law enforcement officials along the Na- (B) the impact of any lack of security alien apprehensions; and tion’s borders, and for other purposes) along the United States border. (B) 1⁄3 shall be set aside for areas des- At the appropriate place, insert the fol- (2) DURATION.—Grants may be awarded ignated as a High Impact Area under sub- lowing: under this subsection during fiscal years 2007 section (d). (f) SUPPLEMENT NOT SUPPLANT.—Amounts ll through 2011. TITLE —BORDER LAW ENFORCEMENT appropriated for grants under this section RELIEF ACT (3) COMPETITIVE BASIS.—The Secretary shall award grants under this subsection on shall be used to supplement and not supplant SEC. l01. SHORT TITLE. a competitive basis, except that the Sec- other State and local public funds obligated This title may be cited as the ‘‘Border Law retary shall give priority to applications for the purposes provided under this title. Enforcement Relief Act of 2006’’ from any eligible law enforcement agency SEC. l04. ENFORCEMENT OF FEDERAL IMMIGRA- SEC. l02. FINDINGS. serving a community— TION LAW. Congress finds the following: (A) with a population of less than 50,000; Nothing in this title shall be construed to (1) It is the obligation of the Federal Gov- and authorize State or local law enforcement ernment of the United States to adequately (B) located no more than 100 miles from a agencies or their officers to exercise Federal secure the Nation’s borders and prevent the United States border with— immigration law enforcement authority. flow of undocumented persons and illegal (i) Canada; or Mr. BINGAMAN. Mr. President, the drugs into the United States. (ii) Mexico. purpose of this amendment is to assist

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2590 CONGRESSIONAL RECORD — SENATE March 30, 2006 border law enforcement agencies—that The PRESIDING OFFICER. The That is one part of this legislation. is, local law enforcement agencies—in clerk will report. This amendment that is offered would addressing border-related criminal ac- The legislative clerk read as follows: end the possibility for earned legaliza- tivity. The Senator from Tennessee [Mr. ALEX- tion. That would be the effect if this Border law enforcement agencies ANDER] proposes an amendment numbered amendment is accepted. incur significant expenses in dealing 3193. If the proponents of the amendment with crimes, such as human smuggling, Mr. ALEXANDER. Mr. President, I are interested or concerned just about vehicle thefts, drug trafficking, and the ask unanimous consent that further crimes, other crimes being added to the destruction of private property. These reading of the amendment be dispensed list, we are ready to talk with them, crimes occur and this enforcement is with. and we will try and engage them in a required because of their proximity to The PRESIDING OFFICER. Without conversation and see if that is their the international border and because of objection, it is so ordered. purpose. If their purpose is to under- the failure of the Federal Government (The amendment is printed in today’s mine a key element of the proposal, to adequately secure that international RECORD under ‘‘Text of Amendments.’’) that would be unacceptable, and we Mr. ALEXANDER. Mr. President, I border. will have the opportunity to express According to the study by the Border suggest the absence of a quorum. our views with a vote in the Senate. The PRESIDING OFFICER. The Counties Coalition, criminal justice ex- I suggest the absence of a quorum. clerk will call the roll. penses related to immigration alone The PRESIDING OFFICER. The The legislative clerk proceeded to clerk will call the roll. exceed $89 million a year. call the roll. Mr. President, it is time that the The assistant legislative clerk pro- Mr. KENNEDY. Mr. President, I ask ceeded to call the roll. Federal Government help these border unanimous consent that the order for communities cover some of those costs. Mr. KYL. Mr. President, I ask unani- the quorum call be rescinded. mous consent that the order for the Specifically, this amendment that I The PRESIDING OFFICER (Mr. ISAK- have offered, which is based on the bill quorum call be rescinded. SON). Without objection, it is so or- The PRESIDING OFFICER. Without I earlier introduced entitled ‘‘the Bor- dered. objection, it is so ordered. der Law Enforcement Relief Act of AMENDMENT NO. 3206 Mr. KYL. Mr. President, there is one 2006,’’ would establish a grant program Mr. KENNEDY. Mr. President, a more thing I wanted to say this within the Department of Homeland short while ago, Senators KYL and COR- evening about the amendment Senator Security to help local law enforcement NYN offered an amendment. They claim CORNYN and I offered, an amendment situated along the northern and south- that the committee bill would allow which provides that criminals cannot ern borders to obtain the resources criminals to become permanent resi- participate in the program that we they need to secure our border commu- dents under the committee bill, and adopt here—whatever that program nities. It would authorize $50 million a this is not correct. is—in terms of being temporary work- year to help law enforcement hire addi- The committee bill requires all appli- ers or being put on the path of citizen- tional personnel, obtain necessary cants to undergo criminal and security ship, or however this body ultimately equipment, cover overtime expenses of background checks, and all applicants defines what happens to immigrants their personnel, and cover transpor- must also show that they have not who have come here illegally, or so- tation costs of their personnel. committed any crimes that make them called future flow workers. I think al- Eligible applicants would include ineligible under our immigration laws. most everybody can agree it shouldn’t agencies serving communities within As many Senators know, Congress apply to criminals, or to people who 100 miles of the U.S. border—the border passed sweeping changes to our immi- have violated a court order to depart with Mexico or with Canada—and any gration laws, and just about any crime the country. other department located outside of makes one ineligible for a green card. I made the point earlier, and I want that jurisdictional limit if it is des- This includes aggravated felonies, to reiterate it, that it is important to ignated by the Secretary of Homeland crimes of violence, drug crimes, crimes separate out the group of people who Security as a high-impact area. The of moral turpitude, money laundering, have come here, albeit illegally, to do designation would be made because murder, rape, sexual abuse of a minor, hard work and not otherwise violate that area is greatly impacted by the drug trafficking, possession of explo- our laws, except perhaps using fraudu- flow of illegal immigration, drugs, and sives, theft offenses, child pornog- lent documents. Those people end up other such problems. raphy, forgery, counterfeiting, bribery, being the primary targets of other ille- Securing our Nation’s borders is the perjury, and many others. gal immigrants who commit heinous responsibility of the Federal Govern- Anyone who has committed any of crimes against them. ment. However, as we all know, the these crimes cannot—cannot—and will So one of the reasons for denying Federal Government has failed to pro- not get a green card under the com- these criminals the right to participate vide adequate security along our inter- mittee bill. in the same program is to get them national borders. The result is that What the amendment does, though, is away from the people who are most local communities are having to pay undermine the earned citizenship pro- susceptible to being preyed upon. for a variety of costs, from health care gram in the bill. Millions of Mexicans, We talked to chiefs of police, to sher- to law enforcement. It is wrong to Central Americans, Irish, and nationals iffs, to the Border Patrol, to other law place this additional burden on these from other countries would be pre- enforcement officials, and they have local communities. They do not have vented from applying for legal status different statistics, but by and large the resources to deal effectively with not because of criminal crimes but sta- they all agree that predominantly the these increased burdens. tus violations. The goal of comprehen- serious crime in their communities, It is time that Congress recognizes sive immigration reform is to encour- particularly large communities, is im- the tremendous burden with which age illegal workers to come out of the migrant on immigrant and it is mostly local law enforcement agencies along shadows, be screened, and be given illegal immigrant. And the crimes that our borders have been saddled. I hope work permits, and if they are on the are committed would just break your my colleagues will support this impor- track to eventually being eligible for heart. tant measure. citizenship, they have to earn it. This There are stories like this. Immi- I yield the floor. is not an amnesty program. No one is grants pay a couple of thousand dol- The PRESIDING OFFICER. The Sen- forgiven. Anyone who wants to get on lars, roughly $2,000 is the going price ator from Tennessee is recognized. this path has to pay a fine, dem- now, to a coyote to be smuggled into AMENDMENT NO. 3193 onstrate that they have a work record, Arizona from Mexico. They may have Mr. ALEXANDER. Mr. President, I also demonstrate that they paid their had to pay different people along the ask unanimous consent that the pend- taxes, and then get to the end of the way on the bus up to Altar, where they ing amendment be set aside and line of those who want to come to the could then come across, or wherever. amendment No. 3193, which I filed at United States, and for 11 years meet But the fee is probably in the neighbor- the desk, be considered. those responsibilities. hood of $2,000.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2591 Before they come across somebody here and who have to attest to their has Africa. He talks about the border comes and says it is now going to cost good character. They have abided by areas that tend to be the areas that are you an additional $500 or, I am sorry, the laws. They have committed no the most dangerous. we can’t do it. So they have to some- crimes. To then see somebody else who Is the Senator concerned that we are how communicate to somebody else in has not only entered the country ille- creating areas in the country, as a re- their family or a friend to come up gally but also in some other way has sult of lack of enforcement around the with some more money. committed crimes or has refused to de- borders, that are really more dan- They then attach themselves to the part after a judge’s order, to then be gerous than other parts of his State? coyote who brings them across the bor- able to participate in a legal program Mr. KYL. Mr. President, I would say der. A lot of different things can hap- allowing them to become a temporary to the Senator from Alabama, that is pen. First of all, another group vies for worker or be on a path to citizenship— exactly the case. I would cite two parts that group of illegal immigrants be- what kind of a signal does that send? It of the testimony before our Sub- cause they are all worth money. We cheapens American citizenship. It committee on Terrorism, Technology had a shootout on Interstate 10 be- cheapens legal permanent residency. and Homeland Security. tween Tucson and Phoenix involving It is wrong to simply say that be- We had the U.S. attorney for Arizona two vehicles with illegal immigrants in cause we have a hard time with the testify that just from last year, the them with two different coyote gangs. amount of people who have come here number of assaults at the border has They were having a shootout on the illegally, we are not going to differen- gone up 108 percent. It is not just on freeway, and people were killed and in- tiate among them in any way, we are law enforcement officers, but a lot of jured, over who was going to control just going to take them all in and let the assaults are perpetrated against the load of immigrants because that is them all get on this path to citizen- them. I intended to get the statistics value. You could hold the illegal immi- ship. That is wrong. I do not think the on the number of homicides. But there grants here in a safe house and tell American people will allow us to per- are homicides and then there are an them that until they come up with an- mit that kind of individual to partici- awful lot of other kinds of assaults. other $1,000, let’s say, they are going to pate in this program. The border, in many places, is becom- be held hostage, basically, or the coy- That is what the underlying bill al- ing a very violent place. ote or his friends will call the police or lows. There are a lot of things wrong There is one good news element that Border Patrol if they don’t come up with this underlying bill. This is just was confirmed by the testimony that with the money. one of them. But I hope with each of was taken in the committee. The rea- Women are forced to commit im- these things that we point out, our col- son for this increased violence, they proper acts. There are assaults, sexual leagues will come to realize that there said, was that the Border Patrol was assaults. There is a great deal of crime is an answer here somewhere, but it is actually improving its ability to con- perpetrated on these illegal immi- not every provision of this bill. So, trol territory. Territory that pre- grants. If they have not been beaten or piece by piece, we will focus attention viously had been the sole jurisdiction raped or robbed or held ransom for on this bill to try to determine where of the cartels and the coyotes was now more money, then what happens is we can make changes so at the end of being contested by law enforcement. So they are waiting in the safe house and the day we have a good product—com- naturally they were fighting back. the Phoenix Police Department shows prehensive immigration reform, en- The bad news, of course, is they fight up at the safe house because they have forcement, and an opportunity for peo- back with high-caliber weapons. They gotten a call of a disturbance in a ple our society needs to work here on a are organized. It is a very dangerous house. temporary but legal basis. place. As a result, our officers are see- It wasn’t a disturbance at all. It was If we can do that, we will have suc- ing assaults every day. the coyote calling the Phoenix police ceeded. But if we simply pass a bill The other thing that this testimony because he has another load coming in that has a tremendous number of flaws confirmed was that it is not just nice that night and he needs to get rid of in it, we will have failed. I hope we can people coming across the border, it is these people. He has gotten all he can correct this first flaw with the amend- over 10 percent who are criminals. I out of them. He sucked them dry. They ment that Senator CORNYN and I have mean, if you stop and think about it, if don’t have any more money. He has offered to at least ensure that crimi- you have 600,000 people coming into the taken all they have. They don’t dare go nals can’t participate in this program. country illegally who are apprehended, to the police. Now he has called the po- Mr. SESSIONS. Mr. President, will so it is maybe three times that many lice and said there is a disturbance. the Senator yield? who are coming in who are not appre- They show up at the house and pick up Mr. KYL. I yield the floor. hended, and over 10 percent of them are these illegal immigrants. If they are Mr. SESSIONS. Well, just for a ques- criminals, you are talking about tens from Mexico they are put on a bus back tion. I want to first say how much I of thousands of people who have de- to Mexico. value the insights of the Senator from cided that this is a good way to get That is what can happen to these Arizona into this important issue. On into the United States, come in as an people. These are the ones who do not the Judiciary Committee he is one of illegal immigrant. These are not the die in the desert and who are not the Senate’s most knowledgeable mem- kind of people we want in our country. abused some other way. We cannot bers on immigration issues, and one of When you look at the type of crimes allow the criminal element here, peo- the best lawyers here. I think he has that the people who have been appre- ple who have committed crimes, who raised a very troubling point. hended have been accused of commit- are criminals, to continue to prey on This is part of the legislation that is ting or have been convicted of commit- these people. It is one of the reasons moving forward, for reasons I am not ting, it is homicides, it has been rapes, our amendment says that criminals quite sure of. But it does seem to have serious assaults, drug crimes—serious cannot participate in this program. moved too fast, and it has a lot of real crimes. So not only is the border be- There is another reason. Citizenship problems—almost anybody would coming more violent, but the people in this country is a tremendous privi- agree. coming into the United States are an lege. Anyone who knows immigrants But this deal about crime is a very increasingly criminal element, and who have come here or who has partici- important issue. I have had the sense they are continuing to commit crimes pated in a swearing-in ceremony knows that we may be seeing more crimi- in our cities, in particular against how much legal immigrants value this nality on the border. Sheriffs from Ari- other illegal immigrants. That is why privilege. As I said before, my grand- zona and Texas came up and told us we believe it is very important that at parents came here and they were so about the rising crime rate, the in- least one group that ought not to be proud of their American citizenship. creased number of assaults on their able to participate in whatever pro- They felt so privileged to have been people and Federal people. gram we adopt is this group of crimi- able to come here. It is not fair to I recall a recent trip I just took with nals. That is another reason our first them or for the millions who are wait- the Armed Services Committee to Eu- effort should be to get control of the ing in some country, waiting to come rope. I met with General Jones, who border.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2592 CONGRESSIONAL RECORD — SENATE March 30, 2006 Forget the problem of people coming an authorization bill, that you author- laws that we have on the books—such here to work. If for no other reason, ize a barrier, you authorize more patrol as the employers who find it very dif- you want to keep the people from ter- officers, you authorize more detention ficult to differentiate fraudulent docu- rorist countries out, keep out the peo- space, does not mean it will actually be ments and, therefore, they end up hir- ple smuggling methamphetamine into created and done. ing illegal immigrants. But we don’t the country, and keep people with Mr. KYL. Mr. President, I say to the enforce that law. It is hard to blame criminal records out of this country. Senator from Alabama, I have to sum- the employer, but the Government That is why many of us think the marize this answer because welling up isn’t trying to enforce it, either. Sim- first thing we ought to do is get con- in my chest is a big complaint about ply authorizing something doesn’t nec- trol of the border. the Congress, about the Clinton admin- essarily mean it will happen. I went on a little long in answering istration, about the Bush administra- Mr. SESSIONS. Mr. President, I ask the question. tion. Let’s be honest. Nobody has done the Senator, isn’t that in fact what Mr. SESSIONS. That is good. I want- their job completely here. happened in 1986? We passed the am- ed to follow up because the Senator We authorized. nesty bill, and the American people mentioned methamphetamine. I had an Mr. SESSIONS. That is the com- were told this would be a one-time opportunity today to meet with the ex- mittee you serve on, Judiciary, the au- thing, it would solve this problem, and ecutive director of the Alabama Dis- thorizing committee, and that I serve we are going to have enforcement on trict Attorneys Association. Through on. the border. That was promised. But, in Alabama laws and the Federal law we Mr. KYL. That is right. Senator fact, it never occurred. The monies passed pseudoephedrine is not so avail- FEINSTEIN and I got an amendment were never appropriated. The President able now, from which methamphet- passed in 1996 to double the number of never aggressively asked for the re- amine is being made in the United Border Patrol agents. It passed the Ju- sources necessary to make this occur, States. He just told me casually this diciary Committee, passed the Con- and we ended up not enforcing the law. morning, now all the methamphet- gress. It is an authorization. Do you Mr. KYL. Mr. President, I say to the amine is coming in from Mexico. think that in 5 years we had double the Senator, my perception is that having You are on that border. Do you sense Border Patrol agents? No. passed the law, one reason people re- that there is a growing problem with We couldn’t get the administration ferred to it as amnesty is because it methamphetamine being brought in to ask for enough funding in the budg- was not enforced. There was a commit- across the unsecure border? et, and, of course, if it is not asked for, ment to enforce it. I don’t know the Mr. KYL. I would say to the Senator then Congress is loathe to appropriate. reasons why it wasn’t enforced, but in from Alabama, this is what we have So it took us about, as I recall, 7 years many respects it was not. been briefed. The President was at the The key thing we need to do here, border. He was briefed likewise on this or maybe 8 years to get the number of agents doubled. We have succeeded in since the American people are skep- phenomenon. Sheriff Larry Dever from tical of our ability and our commit- Cochise County, Sheriff Ralph Ogden doubling them and adding another 2,000 or 3,000 on top of that. But it took far ment to enforce the laws, in order to be from Yuma County, they both told me able to adopt the guest worker pro- this. The chiefs of police in Tucson and longer than it should have. We have authorized SCAAP—the gram and deal with the people who are Phoenix told me this, the Chief of the here illegally and have a work pro- Border Patrol in both the Tucson and State Criminal Alien Assistance Pro- gram—that reimburses the jails and gram, in the future we are going to Yuma sector, all of them agree that have to demonstrate to them we have methamphetamine is now the No. 1 prisons in your State, my State, and other States for the criminal aliens the ability and we will make the com- drug coming across and, by the way, mitment to enforce whatever law we housed in those prisons. The program also underneath—in some of these tun- end up adopting. is authorized. This administration this nels. We need to make that a crime as Mr. SESSIONS. I thank the Senator. well. It is not even a crime to dig a year requested in the budget exactly Mr. President, I wish to make a few tunnel under the border. But we have how much money for this program? comments. an amendment that hopefully will cure Zero, nothing; same as last year. Con- I see Senator MCCAIN. Maybe there is that. But now a backpack of meth- gress had to find the money. And we time he wants to use. amphetamine is said to be worth, by ended up appropriating about $300 mil- The PRESIDING OFFICER. Is the these law enforcement officials I iden- lion, which is less than half of what we Senator from Alabama seeking rec- tified to you, to be worth between a should have. Had we done $700 million, ognition? quarter of million and a half million we would have reimbursed the States Mr. SESSIONS. I seek recognition dollars. You can take a poor, illegal about one-third of their expenses. We from the Chair. immigrant, many of them in a group, only did $305 million, as I recall. The PRESIDING OFFICER. The Sen- and put this backpack on each of them Mr. SESSIONS. Isn’t it a Federal re- ator from Alabama is recognized. and give them $10,000—more money sponsibility? Mr. SESSIONS. Mr. President, this is than they have seen in a long time— Mr. MCCAIN. Mr. President, regular a very real concern Senator KYL and I and say: You scoot across the border order. have talked about. The concern is we and you’ll be met by XYZ. That is a Mr. SESSIONS. Mr. President, I be- are basically telling the American peo- cheap way to get it across. They are lieve Senator KYL has the floor. I was ple that in good faith we are going to not making it as much in Arizona, in asking a question. recognize that somehow we failed to fact, anymore. It is all coming across The PRESIDING OFFICER (Mr. follow the law, that we failed to en- the border, as you pointed out. ALLEN). The Senator from Arizona, force the law and create a workable Mr. SESSIONS. One more question Senator KYL, has the floor and has system. The last time in 1986 we said because I think this is very important yielded for a question. we had a million people here illegally, for all of us here who strive to be re- Mr. KYL. Mr. President, the bottom and we admitted we were going to give sponsible to the citizens we serve, and line is that many things we have au- them amnesty, and that we were going that is, we have had some amendments, thorized—additional Border Patrol to try to create a system in the future some of which were accepted that I of- agents, additional equipment, addi- that would not lead to these kinds of fered, that would increase bed space or tional aircraft, radar, UMVs, cameras— problems again. increase Border Patrol agents and that neither the President nor the Congress What happened was 3 million people kind of thing to improve enforcement. over the years has seen fit to provide. showed up—not 1 million—and they That is part of the bill that is before We have gotten a lot more in recent claimed amnesty. We never enforced us. But I have been here long enough to years than we have in the past. But the the borders. Here we are 20 years later, get a little bit dubious about some of bottom line is merely because we au- and we have an estimated 11 million these things and learn the ropes around thorize something doesn’t necessarily people, although I think one of the sur- here. mean it is going to be appropriated. vey firms in the country said there One of the things that I have learned It is not just a matter of money. may be 20 million people here. We will is, just because you put something in Sometimes it is a matter of enforcing find out, I guess, when this passes.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2593 But the question is, What will we do If we will step it up and do these racy and help noncitizens who are serv- to ensure with this implied promise we things, we can create a tipping point ing in our military become citizens of are making to the American people where people come into the country le- the United States. that won’t happen again? gally instead of illegally. That is it. There are over 40,000 non-U.S. citi- The truth is, President Carter, Presi- Right now, they come illegally. Why? zens serving in the U.S. military today. dent Reagan, President Bush, the It is easier to come illegally, that is Many want to become U.S. citizens but former, President Clinton, and this why. People do what they are allowed are caught up in red tape and paper- President Bush have not come to the to do. work, bureaucratic run-arounds and Congress and said, Congress, we are not I believe we can make this system backlogs. That is wrong—many of getting the job done on the border. better. I believe the legislation that these young people are on the front Give us more money and we will fix it. came out of committee moved far more lines in Iraq, Afghanistan, and We have this problem. We need a com- aggressively to the amnesty direction throughout the world fighting terror- puter. The employers are telling us in the bill that Chairman SPECTER ists. They are focused on fighting the they can’t ask the proper questions be- started out with. enemy; they shouldn’t also have to cause of this law or that law. The em- The legislation that is pending before fight the bureaucracy just to become a ployment enforcement is not working. the Senate today does not represent citizen of the country they are fighting Help us change the law, Congress, so the settled opinion of the American for. My amendment makes sure that it we can create a workable system. They people. Once they find out about it, is easier and quicker for non-U.S. citi- never asked for it. They never did any- they will not be as happy as we would zens serving in our military to become thing to suggest that. The system has like them to be. citizens. It is time to slow down, listen care- gotten completely out of control. This amendment is called the fully to what is occurring, make sure How do we know, when we pass this ‘‘Kendell Frederick Citizenship Act of we have a plan in place that will guar- legislation and immediately provide 2005.’’ Why? Because Kendell Fred- antee enforcement on the border, that for the benefit of those who come ille- erick’s death in Iraq shows clearly how will guarantee workplace enforcement gally new rights and privileges and a broken our bureaucracy is, and why it and a plan that will allow more people path that would lead them straight to is so important to pass this bill. to come in a legal way, an effective citizenship, how do we know we are not Kendell Frederick was an Army soldier way, using a biometric identifier so going to have the problem again? from Maryland killed in Iraq on Octo- they can come through the border and That is all I am asking. I don’t know ber 19, 2005. He was 21 years old. maybe go back and forth every week- how you can do it. Kendell was killed by a roadside bomb end if that works for them and create You could say, Well, this law won’t on his way to be fingerprinted to be- a system by which this country can de- take effect until we have a border sys- come a U.S. citizen. But he was also cide how many workers and what cat- tem that works. Is that the way we will killed by the botched bureaucracy of egory we need so that if we have a do it? I am not sure. the U.S. Government: by their incom- downturn in our economy, we are not But the American people have every petence, by their indifference, by their driving Americans out of work in large right to be skeptical. They have every numbers. Those are things that a ra- ineptitude. This is inexcusable. right to be skeptical. They have a right Every military death in Iraq is a tional country would do. to wonder if we are at all serious about This legislation, as presently config- tragedy, but this one did not need to what we are saying here. ured, does not do it. happen. Kendell died in Iraq, fighting I was a Federal prosecutor for 15 I yield the floor. for America. Yet he wasn’t born in years. That is what I have done the The PRESIDING OFFICER. The Sen- America, he was born in Trinidad. He biggest part of my professional life. I ator from Arizona. came to this country when he was 15 tell you it breaks my heart to see a Mr. MCCAIN. I thank the Senator years old. As many who come to this legal system so ineffective. What has from Alabama. He is a man of passion country to pursue the American dream, been going on here is a mockery of law. and commitment and willing to stay he was filled with hopes about his fu- Time and again we come back and we late no matter what to make his points ture in this country. He got an edu- admit we haven’t enforced the law. and advocate his positions. I always cation and graduated from What good is the law if it is not en- enjoy doing business with the Senator. Randallstown High School in 2003. forced, let me ask you. You can’t make I want to make one comment; that While in high school, he decided to join everybody happy. You can’t do every- the President of the United States ROTC. After he graduated from high thing for everybody. today in Cancun made a very positive school, he decided to join the Army I believe very strongly that this Na- statement about what we are doing in with hopes that he would be able to go tion is a nation of immigrants. I am the Senate. I am very appreciative of back to school. perfectly prepared to approve allowing his comments. He said that we have to In the Army, Kendell was a generator quite an additional number of people to obviously put people at the back of the mechanic assigned to a heavy combat come into this country legally. But in line that want to be citizens, but he battalion. His job was to keep all of the exchange for that, I think we have to also felt very strongly that we needed generators running, which kept his have the balancing act of a legal sys- a viable guest worker program. battalion running. Kendell wanted to tem that works so we do not continue I am hoping over the weekend we can become an American citizen. Yet a se- to see the large numbers of people com- all think about our positions and per- ries of bureaucratic screwups and un- ing in illegally. haps get into some associations so that necessary hurdles prevented that—and I will summarize again what I have we can resolve this issue amongst ev- cost him his life. said before. I think we can do it. This eryone because it seems to have gen- Kendell had been trying for over a is not that difficult. We increase border erated not only a lot of attention but a year to become a U.S. citizen. He start- security, we use barriers, we use the lot of controversy as well, particularly ed working on it when he joined the virtual fence concept, we use computer in the media. Army, while he was training and learn- systems and biometric identifiers, the I know we are all trying to achieve ing how to become a soldier. Kendell United States VISIT Program, which the same goal of securing our borders sent his citizenship application in and needs to be completed, and then we use and at the same time resolving the checked the wrong box. Specialist enforcement in the workplace. issues of how people can come here and Frederick was busy training for war, As C.J. Bonner—people who have fol- work legally if they are both qualified packing to go to Iraq, saying goodbye lowed this heard him speak out before. and needed, and, of course, addressing to his mother, his brother, and his two He represents the Border Patrol the issue of the 11 to 12 million people sisters. All the while, he was also wor- agents. He said that absolutely we can who are already here, some of them rying which box to check to become a do this. It is not going to cost a fortune coming yesterday, some of them here U.S. citizen. and it is not going to break the Treas- 50 or 60 years. After that, Kendell’s application was ury of the United States, but it is Ms. MIKULSKI. Mr. President, I have derailed by immigration three times. going to cost some money. an amendment to fix a broken bureauc- First, after his mother checked the

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2594 CONGRESSIONAL RECORD — SENATE March 30, 2006 correct box saying Kendell was in the creation of a military Citizenship Ad- the Core Values Training Program, military, Immigration sent the appli- vocate to inform the service members which earned him the title of the ‘‘Fa- cation to the wrong office, not the of- about the citizenship process and help ther of Navy Ethics.’’ fice that handles military applications. with the application. Third, it requires Admiral Fetterman retired as a Second, Immigration rejected the CIS to set up a customer service hot- three-star admiral in 1993. But upon his fingerprints he sent them, with no ex- line dedicated to serving military retirement, he did not just retire, he planation. Kendell had his fingerprints members and their families. Finally, it continued his love of the Navy and his taken when he joined the military. He requires the Government Account- service to the Nation by becoming the had an FBI background check for the ability Office to conduct an investiga- president and CEO of the Naval Avia- military. We have high standards to be tion into what is wrong with immigration Museum Foundation. in the U.S. military. There was no rea- tion services for our military. Admiral Fetterman, with a great son Immigration could not have used No one should ever again have to go deal of love and care, guided and di- the fingerprints taken when he joined through what Kendell and his mother rected the Museum of Naval Aviation the military, but they refused. went through. I am proud to stand here in Pensacola, which is truly a wonder- Third, and finally, Kendell was told today with Senator KENNEDY to offer ful and remarkable place where the to get his fingerprints retaken in this amendment named after Kendell many heroic feats of people over the Maryland—but he was in Iraq fighting Frederick, just as his mother asked me years connected to naval aviation are a war. His mother called 1–800 Immi- to do. The Kendell Frederick bill will recorded and appreciated. gration. That’s supposed to be the make sure that anyone in the military Admiral Fetterman, to the very last, HELP line. She told them: My boy is in who wants to be a U.S. citizen will be continued to serve his Nation and his Baghdad, he can’t come to Baltimore able to do so, quickly and easily. If you country well. I extend my condolences to get fingerprinted. She would have are willing to fight and die for Amer- to the members of his family, to his beloved for her son to come to Baltimore, ica, you should be able to become an loved wife, and to all those in the com- but he was fighting in a war, fighting American. I urge my colleagues to join munity, in the naval community, who for America. Immigration told with me in passing this important came in contact with such a fine Amer- Kendell’s mom there was nothing they amendment. Help the brave men and ican, who served his country so well. could do. They were wrong. That was women fighting for this country be- At times such as this, I know we are the wrong information. They were no come the U.S. citizens they deserve to always reminded that life is finite, and help. be. that we also have to harken and always On October 19, Specialist Kendell I suggest the absence of a quorum. appreciate a life well lived, as was Ad- Frederick was traveling in a convoy to The PRESIDING OFFICER. The miral Fetterman’s. a base to get fingerprinted. He did not clerk will call the roll. Mr. President, I yield the floor. usually go on convoys, but that day he The legislative clerk proceeded to f was in the convoy. Kendell Frederick call the roll. CAMBODIA was killed when a roadside bomb Mr. FRIST. Mr. President, I ask struck that convoy. He was granted his unanimous consent that the order for Mr. MCCONNELL. Mr. President, United States citizenship a week after the quorum call be rescinded. today is a tragic anniversary for Cam- he died. He was buried in Arlington Na- The PRESIDING OFFICER. Without bodia. tional Cemetery. Kendell was trying to objection, it is so ordered. Nine years ago, on March 30, 1997, a peaceful and legal rally held by the op- do the right thing, yet he was given f wrong information. He got the run-a- position Khmer Nation Party was dis- round. His sergeant tried to help, but MORNING BUSINESS rupted by a grenade attack. To date, he didn’t know all the rules. It was not Mr. FRIST. Mr. President, I ask there has been no justice for the vic- his job to know the rules—he was fight- unanimous consent that there now be a tims or their families, including Amer- ing a war. Kendell’s mother did the period for morning business, with Sen- ican Ron Abney who was injured in the right thing: she tried to cut through ators permitted to speak therein for up attack. the bureaucracy, making phone calls, to 10 minutes each. While I am aware of the many law- sending letters. She was diligent and The PRESIDING OFFICER. Without suits relating to this incident that relentless. The system failed—again objection, it is so ordered. have been filed, dropped, or dismissed, and again. And a wonderful young man f I encourage the State Department to lost his life. work with the Government of Cam- Kendell’s mother, Michelle Murphy, TRIBUTE TO VICE ADMIRAL JACK bodia to secure the return of the Fed- could have just sat there. She could FETTERMAN eral Bureau of Investigation, FBI, so have boiled in her rage, but, no, she Mr. MARTINEZ. Mr. President, I rise that the FBI can conclude its inves- wanted to do something with her grief. today to recognize the passing of an ex- tigation into this crime. Bringing the When I spoke with her, she told me she ceptional leader, as well as a respected perpetrators to justice is the only way didn’t want any mother to have to go Floridian. VADM John ‘‘Jack’’ to honor those killed and injured on through what she went through, what Fetterman passed away last Friday at that tragic day. her son went through. Service members his home in Pensacola, FL, at the age I am hopeful that the ongoing dia- and their mothers should not be wor- of 73. logue between Prime Minister Hun Sen rying about what box to check on a Following graduation from Albright and opposition leader Sam Rainsy will citizenship application, which of many College in Pennsylvania and Aviation continue and that Hun Sen’s pledges addresses is the right address to mail it Officer Candidate School in Pensacola, for reform are matched by concrete and to, or where to get fingerprints taken. Admiral Fetterman began his career as measurable actions. My only advice to When a service member is fighting for a naval aviator. He later went on to be- the Prime Minister is that he thinks America, mothers have enough to come a Pacific Fleet naval Air Force before he speaks. It is counter- worry about. Service members have commander in 1987 and was promoted productive, at best, to call for the enough to worry about. to vice admiral. sacking of Yash Ghai, the U.N.’s spe- This amendment makes it easier for I had the pleasure of meeting and cial representative for human rights in military service members to become working with Admiral Fetterman dur- Cambodia, because of critical com- citizens. The provisions of this amending the Base Closure and Realignment ments he made on the Government’s ment cut through the red tape. First, it process last year. I found him to be a crackdown on dissent. requires Citizenship and Immigration fierce and eloquent defender of the The desire for democracy and justice Services, CIS, to use the fingerprints Navy and of the military. in Cambodia remains strong today, and the military takes when a person en- Admiral Fetterman, in 1991, became I encourage the Cambodian people to lists in the military, so a service mem- the chief of Naval Education and remain vigilant. It is my hope that ber doesn’t have to keep getting new Training at Pensacola Naval Air Sta- they, one day, know freedom from fear, fingerprints. Second, it requires the tion. He created and was the father of can rely on good governance, and know

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2595 that justice is neither bought nor sold. referenda, manipulated elections, and passed in a bipartisan vote. I strongly The Government of Cambodia bears the undemocratic laws and regulations.’’ believe that we must also move similar burden of proving that it is part of the Mr. President, the litany of human legislation in the Senate. In the solution—and not part of the problem. rights abuses documented in this re- months ahead, I look forward to work- International donors should not forget port show that Lukashenka has only ing with Senator KENNEDY as we con- for a single moment that those killed 9 used the last 12 years to increase the tinue our work in passing a hate years ago were peacefully calling for reign of tyranny and oppression in crimes bill. judicial reforms. Belarus. f As I have in the past, I ask unani- The elections of March 19, 2006 con- mous consent that the names of those tinued Lukashenka’s repressive tactics NATIONAL WOMEN’S HISTORY murdered on March 30, 1997, be printed and total disregard for democratic MONTH in the RECORD following my remarks. I principles. The Organization for Secu- Mr. LAUTENBERG. Mr. President, I know they remain in the thoughts and rity and Cooperation in Europe, OSCE, rise today to commemorate National prayers of their families and friends in which observed the elections, stated in Women’s History Month. Cambodia, as do they in ours. its report that ‘‘the arbitrary abuse of This is an important national observ- There being no objection, the names state power, obviously designed to pro- ance that reminds us to celebrate the were ordered to be printed in the tect the incumbent President, went far immense accomplishments and ever- RECORD, as follows: Mr. Cheth Duong beyond acceptable practice. The in- lasting contributions of women. Daravuth, Mr. Han Mony, Mr. Sam cumbent President permitted State au- Women have helped shape our society Sarin, Ms. Yong Sok Neuv, Ms. Young thority to be used in a manner which since the first settlers landed on Amer- Srey, Ms. Yos Siem, Ms. Chanty did not allow citizens to freely and ica’s shores, and women continue to Pheakdey, Mr. Ros Sear, Ms. Sok fairly express their will at the ballot lead us into the future. Kheng, Mr. Yoeun Yorn, Mr. Chea box.’’ The report cited a ‘‘climate of in- It is important that we remember the Nang, Mr. Nam Thy. timidation and insecurity’’ and a efforts of women such as Harriet Tub- f ‘‘highly problematic’’ vote count dur- man, Amelia Earhart, Eleanor Roo- ing and after the election. sevelt, Elizabeth Cady Stanton, Mad- FRAUDULENT PRESIDENTIAL The recent so-called ‘‘color revolu- eleine Albright, Maya Angelou, Ella ELECTIONS IN BELARUS tions’’ in Georgia, the Ukraine, and Fitzgerald, Betty Friedan, Ruth Bader Mr. FEINGOLD. Mr. President, today Kyrgyzstan, showed what can happen Ginsburg, Billie Jean King, Margaret I want to express my concerns about when a country’s people become fed up Mead, Sacagawea, and Chien-Shiung the recent presidential election in with the oppression of tyrants and call Wu. We celebrate the diverse contribu- Belarus. for democratic, representative govern- tions of each of these remarkable I have previously noted the tremen- ment. Let us hope that the fledgling women to all facets of American soci- dous hardships Belarus has endured democracy movement in Belarus has a ety. throughout its history. For centuries, similar chance to flower. A number of The State of New Jersey is home to Belarus has been fought over, occupied courageous Belarusians braved intimi- many commendable women. Alice and carved up. But Belarus’ declaration dation and took serious risks to de- Paul, Elizabeth Coleman White, Mary of independence from the Soviet Union nounce the election results in peaceful Norton, and Mary Roebling are just a in 1991 held great promise for a better public demonstrations; unfortunately, few. future. As it broke from communist these risks were made imminently Alice Paul was as a leader of the rule, it had the opportunity to build a clear when Belarusian security forces women’s suffrage movement, founder of free nation and become part of a peace- marched into the public square where the National Women’s Party, and au- ful, more secure Europe. The country they were rallying and forcibly de- thor of the equal rights amendment. began to embrace economic and polit- tained a number of them in the early This longtime activist for women’s ical reforms and democratic principles. morning hours of March 24. I add my equality is well known for picketing It established a constitution and held voice to the chorus of those calling for the White House, which landed her in its first Presidential election in 1994. the Belarusian authorities to respect jail during the summer of 1917 but Unfortunately, the prospect of demo- the rights of their citizens, hold valid helped secure women’s right to vote. cratic change in Belarus was quickly elections, and immediately release Few have had as great an impact on frozen as its first President, Alexander those who were detained simply for American history as Alice Paul. Lukashenka, adopted increasingly au- peacefully expressing their views. Elizabeth Coleman White was born thoritarian policies, including amend- on her family’s cranberry farm in New f ing the constitution in a flawed ref- Lisbon, NJ. She partnered with Fred- erendum to extend his term and broad- LOCAL LAW ENFORCEMENT erick Coville on her farm to create the en his powers. Lukashenka’s regime ENHANCEMENT ACT OF 2005 first commercial crop of blueberries. has been marked by a terrible human Mr SMITH. Mr. President, I rise Ms. White was also the first person to rights record that is progressively get- today to speak about the need for hate use a cellophane wrap in fruit ship- ting worse, with little respect for free- crimes legislation. Each Congress, Sen- ment. dom of expression, assembly or an inde- ator KENNEDY and I introduce hate Mary Norton was elected to the U.S. pendent media. A pattern of disturbing crimes legislation that would add new House of Representatives in 1924 and disappearances of opposition leaders categories to current hate crimes law, served in Congress for 26 years. She fails to be seriously investigated by au- sending a signal that violence of any was a member of the famous Petticoat thorities. The living conditions in kind is unacceptable in our society. Front in the 80th Congress, which was Belarus are declining and Likewise, each Congress I have come to a bipartisan group of women who Lukashenka’s refusal to institute eco- the floor to highlight a separate hate fought to gain equal footing with men nomic reforms has only aggravated the crime that has occurred in our coun- as legislators. At the time, only seven situation. try. women served in the Congress. Today, The 2005 State Department Human On November 14, 2001, Pablo Parrilla thanks in part to Mary Norton’s pio- Rights report states that ‘‘the govern- was charged with first-degree inten- neering efforts, a record 84 women are ment’s human rights record remained tional homicide in the shooting death Members of Congress. very poor and worsened in some areas of his sister’s girlfriend, Juana Vega. Mary Roebling was the first woman with the government continuing to Parilla confronted Vega outside her to head a major commercial bank, the commit numerous serious abuses.’’ The Milwaukee, WI, house and shot her re- Trenton Trust Company, and in 1958 report goes on to acknowledge that peatedly. According to reports, Parrilla she became the first female governor of Lukashenka ‘‘systematically under- was shouting sexually derogatory slurs the New York Stock Exchange. She has mined the country’s democratic insti- toward Vega throughout the attack. proven that women can be just as suc- tutions and concentrated power in the I would note that recently in the cessful in the business world, and any executive branch through flawed House, hate crimes legislation was sector, as men.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2596 CONGRESSIONAL RECORD — SENATE March 30, 2006 These four women are only a handful Bruce, thank you for your service to Substances Act and the objectives of of those who deserve recognition for our State. You truly are a speaker who the Drug Enforcement Administration their contributions to America. speaks for Idaho. by, among other things, purporting to In 1981, Congress passed a resolution Mr. CRAPO. Mr. President, when the prohibit registrants from asking ques- establishing National Women’s History 2006 session of the Idaho State Legisla- tions relating to an applicant’s experi- Week, which coincides with Inter- ture adjourns this year, it will signal ence with controlled substances, in- national Women’s Day. At the request the end of an era. The longest-serving cluding whether they have been con- of the National Women’s History speaker of the Idaho House of Rep- victed of drug-related crimes. The real- Project, this was expanded to a month resentatives will be retiring. Bruce world implication has been, in a word, in 1987. I have always been proud to Newcomb, a rancher from Burley, will nonsensical. In my own State of Cali- support this effort. leave the legislature after a total of 20 fornia, for example, there is a State I hope that National Women’s His- years. He spent the past four terms as law that provides that employers are tory Month will continue to help edu- speaker and leaves boots that will be not allowed to question a potential em- cate Americans about women’s accom- difficult to fill, to say the least. ployee about certain drug-related plishments and inspire more women to Bruce and I served together in the criminal convictions that are older reach for the stars. legislature in the late 1980s. My former than 2 years. This prohibition also pur- f colleague is a thoughtful man of prin- ports to cover employers who are reg- A SPEAKER FOR IDAHO ciple and a terrific sense of humor. istered under the Controlled Sub- Bruce is also one of my closest friends. stances Act. If a registrant complied Mr. CRAIG. Mr. President, I never Over the years, I have worked with him had the opportunity to serve with with this State law, it could mean that on many issues important to Idaho, Bruce Newcomb in the Idaho State a responsible pharmacy could hire and I know that I can always turn to Legislature, but having been privileged someone to work at the cash register him for solid advice and counsel. His to get to know him, I very much would who would be in a position to divert reputation for cooperation and collabo- have enjoyed working with a man of pharmaceutical products, and the em- ration is well deserved. He consistently his caliber. ployer would never have any clue about Bruce is retiring from the Idaho seeks out fair and just solutions to pol- the applicant’s past. This runs counter House of Representatives at the end of icy challenges, even the more conten- to the purpose of the Controlled Sub- the 2006 session, and he will be sorely tious and divisive such as water issues stances Act and undermines the DEA’s missed by his colleagues in the legisla- and term limits. Nevertheless, Bruce is efforts to prevent the unlawful diver- ture and his constituents in Idaho. unafraid to take a respectful but sion of controlled substances. Bruce has developed a reputation of strong stand when circumstances re- The law we passed clarifies once and being an honest and evenhanded speak- quire it. He earned such loyalty among for all that registrants can and should er of the house whose sense of humor colleagues and coworkers that when he fully vet applicants, including asking helps in tackling contentious issues lost his hair in a bout with cancer in them about any and all drug-related and a heavy workload. In addition, he the 1990s, many of them shaved their criminal convictions—not as an in- is a strong leader who is not afraid to heads in a show of solidarity. fringement on someone’s privacy but make a strong stand when the situa- Bruce takes his public service very as a safeguard to ensure that people tion calls for it. seriously. Idaho has gained from his with access to controlled substances do Having grown up on a working farm wisdom, love for our State and ability not pose risks to the public welfare. and ranch in Idaho myself, I under- to see clearly a path forward. Idaho’s This legislation makes clear that those stand the difficulty of going to Boise to legislature is losing a remarkable man on the frontlines of preventing con- serve in the legislature in the middle of who has served all Idahoans faithfully trolled substance diversion have a cru- the calving season. Bruce has been able and with excellence. I wish him and his cial tool they need to do their job. to handle his work as a rancher while family the very best in retirement, and f serving the constituents of Idaho, with- thank him for his steady, close friend- RELEASE OF JILL CARROLL out sacrificing the quality of either ship over the years. profession—not to mention his impor- f Ms. STABENOW. Mr. President, today is a day of great celebration for tant duties as a family man, the hus- COMBAT METH ACT band of Celia Gould and father of five Jill Carroll, and her friends and family. children. It takes a truly talented man Mrs. FEINSTEIN. Mr. President, I The Christian Science Monitor reporter to handle all these responsibilities and rise today to include in the RECORD an and Ann Arbor native was set free continue to have such strong loyalty additional comment regarding the today in Baghdad nearly 3 months and respect from colleagues, family, Combat Meth Act, which was passed after being kidnapped in an ambush and friends. into law earlier this year as part of the that killed her translator. The U.S. Over the 2006 President’s Day recess, USA–PATRIOT Reauthorization Act. Embassy is now working hard to re- I had the opportunity to share the floor While much has been said about the unite Jill with her family as soon as with Bruce at the Mini-Cassia Lincoln portions of this bill that address the possible. Day Luncheon in Burley, ID, to answer national meth problem, I wish to high- In Michigan, we all anxiously questions from the constituents of light the commonsense approach this watched and prayed for the release of Idaho. Bruce fielded all the State-re- legislation provides for preventing the this young woman, and I want to ex- lated questions and handled them with diversion of controlled substances. press my gratitude to everyone who impressive knowledge, not to mention The Controlled Substances Act re- worked hard for her release. I want to a down-home country charm which quires its registrants to ensure that thank the Arab-American and Muslim- made complicated issues easy to under- controlled substances do not fall into American leaders in Michigan and stand. After seeing Bruce in action the wrong hands in the places where across the country for their hard work. with his constituents in his home dis- they are manufactured, distributed, or The Islamic Shura Council of Michi- trict, it is easy to understand why he sold. To this end, it has always been gan which represents more than two will leave such huge boots to fill when the Drug Enforcement Administra- dozen mosques and Islamic organiza- he retires. tion’s goal to encourage such reg- tions in Southeast Michigan held a Bruce served 20 years in the Idaho istrants to investigate fully the back- press conference publicly calling for House of Representatives, where he grounds of potential employees who her release. The Council on American- held many different leadership roles: might have access to such substances, Islamic Relations sent a delegation to majority caucus chairman, assistant specifically for drug-related criminal Baghdad to lobby for her release. The majority leader, majority leader, and convictions. American-Arab Anti-Discrimination four terms as speaker of the house. His However, certain State and local pri- Committee, The Arab American News four terms as speaker marks him as vacy laws have had the potential to and the Congress of Arab American Or- the longest-serving speaker in the hamper this objective. These laws frus- ganizations also issued public state- Idaho House of Representatives. trate the purpose of the Controlled ments calling for Jill Carroll’s release.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2597 These groups spoke out not just be- ondary school in my State of Hawaii, young minds and inspire them to because of Jill Carroll’s ties to Michigan on the island of Maui, that has reached come productive citizens who give back or because this was a humanitarian a significant milestone this year. All to the community. issue, but because kidnapping and kill- my best to Lahainaluna High School, Congratulations to Principal Michael ing are an affront to the principles and as it proudly celebrates its 175th anni- Nakano, members of his administra- values of Islam and Arab-American cul- versary. Lahainaluna sits in the foot- tion, faculty, staff, current students, ture. hills of the West Maui Mountains over- and their families, and all of its alumni I want to wish Jill Carroll and her looking Lahaina, a former whaling vil- who have continued Lahainaluna’s family the very best. She is safe, she is lage once the capital of Hawaii. proud traditions and seen the school to free, and very soon she will be home As with many schools, Lahainaluna, its memorable 175th anniversary this with her family. known as ‘‘the leading star of the Pa- year. f cific,’’ began as a seminary for young The school’s philosophy is an enduring one, and I will end by noting part TRIBUTE TO KAY LEBOWITZ men. It opened on September 5, 1831, following a vote of the Hawaiian Mis- of it here, ‘‘We recognize the impor- Ms. COLLINS. Mr. President, I rise sion of the American Board of Commis- tance of each student. All students can today to pay tribute to a remarkable sioners to create the institution. Rev. learn and we must give them the op- woman in Bangor, ME, the city I am Lorrin Andrews served as the school’s portunity to maximize their potential. proud to call home. We encourage students to think inde- Her name is Katherine Lebowitz, but first headmaster for 25 students. By June of 1836, the class size increased to pendently, to have a sense of responsi- her friends call her Kay. And she has bility for themselves and for society lots of friends: the citizens of Maine accommodate 32 boys, some of them beginning the tradition of boarding and to experience the satisfactions and she represented so well in the State rewards that come from creativity.’’∑ legislature, the residents of Bangor she that continues today. served as mayor, the countless people Lahainaluna’s initial curriculum in- f who benefit from her tireless volunteer cluded subjects that missionaries to 100TH ANNIVERSARY OF THE work for educational, cultural, and Hawaii wished to require of teachers. ROSWELL PUBLIC LIBRARY These were traditional subjects such as charitable causes. ∑ Mr. BINGAMAN. Mr. President, I am arithmetic, writing, geography, and Also among her close circle of friends proud to join the citizens of south- natural history, and later, advanced are the more than 260,000 members of eastern New Mexico in celebrating the mathematics, astronomy, scriptural the U.S. Armed Forces who have passed 100th anniversary of the Roswell Public history, and theology. Students were through Bangor International Airport Library. That this should happen on also instructed in useful trades includ- during the last 3 years of conflict. the cusp of National Library Week ing farming, animal care, carpentry, Whether Bangor is their last stop be- makes the distinction even more grati- fore going overseas or the first Amer- navigation, surveying, printing, and fying. I would like to take this oppor- ican soil they touch on the way home, engraving. Members of this institution tunity to commend Library Director Kay Lebowitz and the wonderful Ban- were inventive and innovative, and on Betty Long and the Roswell Public Li- gor Troop Greeters are there. Nearly February 14, 1834, the first issue of Ka brary staff, both former and present, 1,500 military flights have landed in Lama Hawaii, the first newspaper pub- for their hard work and dedication to Bangor since 2003, and the Troop Greet- lished west of the Rocky Mountains, the public library system. Their devo- ers have met every one day or night was printed at the school. tion and commitment to the citizens of with cookies, homemade fudge, cell The school’s curriculum expanded Roswell and Chaves County are exem- phones to call loved ones back home, tremendously from its original offer- plary. cheers of gratitude, and hearty hand- ings by the turn of the century. Stu- On April 2, 1906, through the perse- shakes. dents learned grammar, bookkeeping, verance of the Roswell Woman’s Club, At the age of 90 soon to be 91 Kay has typing, mechanical and architectural the library opened at its original loca- arthritis that prevents her from shak- drawing, sanitation, civics, business tion on Richardson and Third Streets. ing hands, so she hugs. She hugs until math and English, in addition to voca- The Roswell Public Library was estab- her arms ache, but there is a hug for tional subjects such as auto repair and lished before New Mexico received everyone. To the returning troops, she agriculture. statehood; it also preceded the historic says, ‘‘Welcome home.’’ To those head- Lahainaluna kept pace with the Chaves County Courthouse. Through- ed out, it is ‘‘See you on the way times and in 1923 became known as a out the decades, the Roswell Public Li- back.’’ And she will. ‘‘public high school’’ for boys and girls, brary has remained steadfast in pro- Today K-I-S-S radio in Bangor is rather than as a ‘‘special school.’’ Two holding a roast in honor of Kay viding Roswell the scholarly and lei- years later, the school became a 4-year sure resources necessary to stimulate a Lebowitz. This event will include the high school and graduated its first sen- ceremonial ‘‘retirement’’ of a pair of vibrant and growing community. ior class in June 1926. During my time in the Senate I have her trademark eyeglasses very stylish Statehood came for all of us in Ha- come to understand the importance of eyeglasses into the Troop Greeters Hall waii on August 21, 1959. About 20 years increased funding for and awareness of of Fame at Bangor International Air- after that, Lahainaluna’s traditionally library services in the 21st century. Li- port. This is precisely the kind of light- male boarding department opened its braries do more than just loan books; hearted gesture Kay enjoys most, and doors to admit female boarders. they serve as meeting places, reposi- it is fully in keeping with her generous Lahainaluna was accredited in 2004 spirit. tories of knowledge, and safe havens by the Western Association of Schools where ideas can be strengthened or I am sure my Senate colleagues join and Colleges for a 6-year term. It re- me and all Americans in thanking the challenged. They have played a vital ceived a 2006 Superior Schools award at role in the development of human cul- Bangor Troop Greeters for their ex- the Environmental and Spatial Tech- traordinary efforts in expressing the ture throughout history. It is clear nology conference in Hot Springs, AR. that the role of the Roswell Public Li- gratitude we all share, and in wishing Today, Lahainaluna continues to be the very best on this special day to brary in this most worthy pursuit will one of Maui’s flagship high schools, be even greater in the decades to come. Kay Lebowitz. She is a remarkable educating a diverse student body of woman and a great patriot. Once again, I would like to congratu- 1,000 students each year and sending late the Roswell Public Library on f them to colleges across the country. their centennial. I wish them contin- ADDITIONAL STATEMENTS Certainly, the school has weathered ued success as they move forward.∑ many changes, particularly the rise f and fall of Maui’s sugar industry, and CONGRATULATING LAHAINALUNA the inevitable impacts on the families MESABI EAST SCHOOLS, AURORA, HIGH SCHOOL of its student body. It is my hope that MINNESOTA ∑ Mr. AKAKA. Mr. President, I extend the school will continue for many ∑ Mr. DAYTON. Mr. President, I rise my warmest congratulations to a sec- years into the future to educate bright, today to honor the Mesabi East School

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2598 CONGRESSIONAL RECORD — SENATE March 30, 2006 District, in Aurora, MN, which rein Saint Paul, MN, which recently recently earned an Award for Excel- cently earned an Award for Excellence earned an Award for Excellence in Edu- lence in Education for its exceptional in Education for its exceptional and in- cation for its exceptional and innova- and innovative achievements in edu- novative achievements in educating tive achievements in educating chil- cating children. children. dren. Lake Harriet Community School is The Mesabi East School District is John A. Johnson Elementary School truly a model of educational success. truly a model of educational success. is truly a model of educational success. The school is fully committed to its The district believes the education of A state-of-the-art community school, mission of guiding students to love our students goes beyond the class- it was the first recipient of the Richard learning and to celebrate and respect a room walls to include helping children W. Riley Award for Excellence in Com- diverse population, and also to em- develop compassion and the desire to munity Schools, which is conferred by power young people to reach their full serve their community. the KnowledgeWorks Foundation, a potential as knowledgeable, respon- Toward that goal, for the past 9 public education philanthropy in Ohio. sible, and confident citizens of the years, the Mesabi East Schools have John A. Johnson Elementary, which global community. The school focuses sponsored Project Elf, which provides serves 320 children in kindergarten on educating the whole child. Opportu- clothing, food, and toys for less fortu- through grade six, was deemed the best nities abound across a broad spectrum, nate families in the area who apply for community school in the Nation and so that virtually every interest is the assistance. Donations are solicited won this distinction merely 4 years served: love of music and art, athletics, from local merchants, and student vol- after opening its doors. competitive chess, the environment, unteers receive a budget to shop for As one of Minnesota’s best-per- and history. At Lake Harriet, young each family. All names are kept conforming schools serving children of a people are invited to get involved and fidential. Recently, Project Elf in- predominantly low-income population, are helped to excel in pursuing their inspired another initiative, called Elf Johnson has accumulated truly impres- terests. Central. Participating students and sive academic accomplishments. For Lake Harriet School reflects the di- staff volunteer to stay after school to example, during the school’s first 2 versity of its city, and it opens its make gifts for people in need of a years of operation, 2000–2002, only 50 doors to the entire community. Stu- cheerful message. The effort became a percent of the children tested average dents are given the privilege of meet- groundswell; now, 457 students volun- or above average on standardized reading other young people of many dif- teer often, throughout the year. ing tests. However, for the past 2 years, ferent cultures, experiences, and abili- Students’ community involvement nearly 80 percent scored average or ties. Students come to Lake Harriet exceeds helping families and those in above average. Community School from a variety of need. Over the past 6 years, the stu- Improvements in math scores at Minneapolis neighborhoods, and the dents of the Mesabi East Schools have John A. Johnson Elementary are school is proud of its record of fos- sponsored a carefully planned Veterans equally remarkable. Last year, stand- tering respect and appreciation for di- Day celebration to honor the men and ardized test scores in math were within versity. women who have given so much for two percentage points of the district The academic achievements of the their country. The Veterans Day cere- average. Only 3 years ago, John A. students who attend Lake Harriet mony has become a hallmark of com- Johnson pupils were 30 points below Community School are among the munity pride and a wonderful form of the district average. highest in Minnesota. For 2 successive appreciation for the sacrifices of all John A. Johnson Elementary does years, the school has earned five-star our Nation’s veterans. more than teach children; it is struc- status in both reading and math from In addition, the Mesabi East District tured to assist families and reduce bar- the Minnesota Department of Edu- has focused particular attention on riers to education that impede chil- cation, an accomplishment realized by early childhood education. Recently, dren’s learning. The school integrates fewer than 5 percent of all schools in the District created a nonprofit entity support services by forming partner- the State of Minnesota. dedicated to researching the best pos- ships with many community organiza- Much of the credit for Lake Harriet sible way to provide services to fami- tions and making these services avail- Community School’s success belongs to lies. This group has quickly organized able to help parents. its principal, Marsha Seltz, and all the a variety of early childhood activities Much of the credit for John A. John- dedicated teachers. The students and within the community. son Achievement Plus Elementary staff at Lake Harriet Community Much of the credit for the success of School’s success belongs to its prin- School understand that, in order to be the Mesabi East School District be- cipal, Frank Feinberg, and the dedi- successful, a school must go beyond longs to its superintendent, Gene cated teachers. The students and staff achieving academic success; it must Paulson; the principals, Sam Wilkes at John A. Johnson Elementary School also provide a nurturing environment and Jorma Rahkola; and all the dedi- understand that, in order to be success- where students can develop the knowl- cated teachers. The students and staff ful, a school must go beyond achieving edge, skills, and attitudes for success at Mesabi East Schools understand academic success; it must also provide throughout life. All of the faculty, that, in order to be successful, a school a nurturing environment where stu- staff, and students at Lake Harriet must go beyond achieving academic dents can develop the knowledge, Community School should be very success; it must also provide a nur- skills, and attitudes for success proud of their accomplishments. turing environment where students can throughout life. All of the faculty, I congratulate Lake Harriet Commu- develop the knowledge, skills, and atti- staff, and students at John A. Johnson nity School in Minneapolis for winning tudes for success throughout life. All of Achievement Plus Elementary School the Award for Excellence in Education the faculty, staff, and students at should be very proud of their accom- and for its exceptional contributions to Mesabi East Schools should be very plishments. education in Minnesota.∑ proud of their accomplishments. I congratulate John A. Johnson Ele- f I congratulate the Mesabi East mentary School in Saint Paul for win- School District in Aurora for winning ning the Award for Excellence in Edu- TRIBUTE TO BRAD COHEN the Award for Excellence in Education cation and for its exceptional contribu- ∑ Mr. ISAKSON. Mr. President, today I and for its exceptional contributions to tions to education in Minnesota.∑ wish to pay tribute to a remarkable education in Minnesota.∑ f young man, Brad Cohen. Brad is a f teacher and an author. Brad Cohen is LAKE HARRIET COMMUNITY one of the more than 100,000 people in JOHN A. JOHNSON ACHIEVEMENT SCHOOL, MINNEAPOLIS, MIN- the United States who have full-blown PLUS ELEMENTARY SCHOOL NESOTA Tourette syndrome. ∑ Mr. DAYTON. Mr. President, I rise ∑ Mr. DAYTON. Mr. President, I rise I first met Brad through his loving today to honor John A. Johnson today to honor Lake Harriet Commu- father and my friend Norm Cohen. Achievement Plus Elementary School, nity School, in Minneapolis, MN, which Later, as chairman of the State Board

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2599 of Education, I visited Brad in his Today, they will face the challenge of cre- District 5: Andrew Keck (Hendricks Coun- classroom at Mountain View Elemen- ating a nutritious cookout. ty) and Chelsea Carroll (Morgan County). tary. I marveled at Brad’s ability to Corn Man: Ok team, what should we do? District 6: Nick Johnson (Hamilton Coun- teach and hold young children spell- We need to create the best cookout only with ty) and Cierra Edwards (Randolph County). Indiana farm products. District 7: Sangeeth Jeevan (Vigo County) bound. I watched as Brad’s occasional Wheat Gal: I have an idea. Maybe Big Beef and Amy Goodman (Green County). twitches and noises went unnoticed by should help create a delicious steak! District 8: Megan Hein (Johnson County) his class. I watched a young teacher Powerful Poultry: Yeah, and I could make and Doug Wicker (Rush County). master both teaching and Tourette some mouth watering chicken skewers! District 9: Blake Kleaving (Perry County) syndrome through determination and Corn Man: Yeah! Good thinking, Wheat and Austen McBain (Posey County). personal commitment. Gal. Veggies, do you think you can create District 10: Julia Hunter (Floyd County) Brad has authored a book titled some kind of barbecue sauce for the meat? and Jordan Agan (Washington County). Vivacious Veggies: Of course! We could use ‘‘Front of the Class, How Tourette Syn- 2005–2006 COUNTY ESSAY WINNERS our tomatoes packed with vitamin C. Adams: Elizabeth Goebel. drome Made Me the Teacher I Never Corn Man: Great. I can create a couple of Had.’’ It is a story of personal chal- Allen: Jeff Teeters and Ivy Strubel. scrumptious grilled corn-on-the-cob! Bartholomew: Chrissy Day. lenge and determination. It is a story Wheat Gal: MMM! This cookout sounds Benton: Michael Strasburger and Allyson of a young man’s dreams coming true. tasty. Maybe I can create some buns for LaGrange. Brad’s book is for everyone, and his cheeseburgers. Hey, Big Beef, do you think Brown: Sherry Lynn Bube. twenty motivational tips on living you can help me? Carroll: Jill Griffin. with a disability are an inspiration for Big Beef: Of course! After all, burgers are Cass: Ethan Sell and Katelyn McKaig. my specialty. Hey, can you Veggies help me anyone. I commend Brad Cohen on the Clark: Austin Mann. add some condiments? Daviess: Elizabeth Anne Bohnert. power of his life of achievement and Vivacious Veggies: Coming right up! DeKalb: Dean Behrendsen and Megan the inspiration he has to the children Potato Pal: Maybe I can whip up some Ramus. he teaches.∑ snacks for us; say how do potato chips sound! Dubois: Matthew Wilmes and Katie f Everybody: GREAT!!! Whitsitt. Powerful Poultry: I can’t believe we can Elkhart: Bennett Tyson and Emily Zim- TRIBUTE TO HOOSIER ESSAY make all these cookout foods just from Indi- merman. CONTEST WINNERS ana farm products. It’s amazing! Floyd: Stephen McCoskey and Julia Hun- Wheat Gal: Yeah, and to think these items ∑ Mr. LUGAR. Mr. President, I wish ter. are so delicious and nutritious! Franklin: Chase Howell and Molly Schwab. today to share with my colleagues the Corn Man: This is the best cookout ever! Greene: Corbyn Bales and Amy Goodman. winners of the 2005–2006 Dick Lugar/In- Hamilton: Nick Johnson and Meera diana Farm Bureau/Farm Bureau In- MEMORABLE COOKOUTS FROM HOOSIER FARMS Chander. surance Companies Youth Essay Con- (By Brittany Blazier—Wells County) Hendricks: Andrew Keck and Rachel Doug- las. test. ‘‘Lunch time!’’ Henry: Zach Emerson and Emily In 1985, I joined with the Indiana My head popped out of the chilly lake Thornburgh. Farm Bureau to sponsor an essay con- water like a jack-in-the-box. I didn’t need to Jackson: Derrick O’Sullivan and Kourtney be told twice. Scrambling out of the water, I test for eighth grade students in my Tiemeyer. home State. The purpose of this con- ran to the shore and flung a sun-warmed Jasper: Victor Gutwein and Lindsey Park. test is to encourage young Hoosiers to towel around me, the breeze making goose Jay: Ben Vance and Kellie Howell. recognize and appreciate the impor- bumps on my skin. It was another beautiful Jennings: Aaron Simmons and Morgan tance of Indiana agriculture in their day in Indiana. Siener. ‘‘What are we eating?’’ my brother asked Johnson: Ben Diekhoff and Megan Hein. lives and subsequently craft an essay as he sat down at a picnic table. responding to the assigned theme. I, Lake: Patrick Cudzilo and Elizabeth ‘‘The usual,’’ I shrugged. Zubrenic. along with my friends at the Indiana Of course, as Grandma and Mom brought Madison: Jessica Driggers. Farm Bureau and Farm Bureau Insur- out plate after plate of piping hot food, ‘‘the Marion: Alex Schroeder and Anasuya ance Companies, am pleased with the usual’’ was absolutely music to my taste Shekhar. annual response to this contest and the buds. Corn on the cob, strawberries, and an Marshall: Michael Rice and Rachel Conley. quality of the essays received over the apple pie looked especially appetizing. Miami: Jared Wilkinson and Adeline Jack- Quickly buttering my corn, I felt my years. son. mouth water. ‘‘This is your corn, isn’t it, Monroe: J.P. Tapp and Deana Fox. I congratulate Sangeeth Jeevan, of Grandpa?’’ Morgan: Chelsea Carroll. Vigo County, and Brittany Blazier, of Indiana is the seventeenth largest producer Newton: Colin Lawrence and Megan Wells County, as winners of this year’s of sweet corn in the nation. In 2003, it pro- Tornquist. contest, and I ask to have printed in duced 18,600 tons! Along with the fact that Perry: Blake Kleaving. the RECORD the complete text of their sweet corn tastes delicious, it’s also very Posey: Logan Schmitt and Austen McBain. respective essays. Likewise, I would healthy. Corn is a good source of protein, Pulaski: Evan Criswell. like to include the names of all of the carbohydrates, fiber, iron, and potassium. Putnam: Laura McGaughey. After the corn, I moved on to devour the Randolph: Jordan Wall and Cierra district and county winners of the 2005– strawberries. Also grown in Indiana, straw- Edwards. 2006 Dick Lugar/Indiana Farm Bureau/ berries are jam-packed with vitamin C. In Rush: Doug Wicker. Farm Bureau Insurance Companies fact, one cup of strawberries is eighty-two St. Joseph: Mark Greci and Vanessa Youth Essay Contest. milligrams of vitamin C, which is twenty- Noriega. The material follows. two more than my diet requires. Scott: Trenton Johnson and Anna INDIANA FARM SUPER HEROES Finally, the apple pie was last with apples McGuire. Starke: Nick Hofferth and Rachel Lugo. (By Sangeeth Jeevan—Vigo County) straight from our orchard. Indiana ranks six- teenth in the country for apple production. Switzerland: Maggie Armstrong. Introducing the Indiana Farm Super He- Apples are another great source of vitamin C Tippecanoe: Natasha Scheffee. roes! and other nutrients. Vigo: Sangeeth Jeevan and Paige Cook. Corn Man—with his super riboflavin power I put my fork down and sighed with happi- Wabash: Matthew Andersen and Marissa to boost energy, can change from a solid, ness. My stomach was full, and so was my Stoffel. corn starch, to a liquid, corn syrup. heart. These memorable cookouts with our Warrick: Ethan Schnur and Amanda Dow- Wheat Gal—with her supernatural ability homegrown food—heavenly Hoosier horti- ney. to deliver more energy with carbohydrates culture—are ineffably priceless. Washington: Jordan Agan and Cora Carter. and make food delicious! Wayne: Shaun Sizemore and Elizabeth Powerful Poultry—delivering protein need- 2005–2006 DISTRICT ESSAY WINNERS Lim. ed to build muscle and provide the best tast- Wells: Brittany Blazier. ing meat! District 1: Elizabeth Zubrenic (Lake Coun- White: Cory Thomas and Amanda Spear.∑ Big Beef—teams up with the Powerful ty) and Michael Rice (Marshall County). Poultry to provide even more protein. District 2: Jeff Teeters (Allen County) and f Potato Pal—a tasty hero that delivers the Megan Ramus (DeKalb County). TRIBUTE TO GENERAL LANCE W. carbohydrates to energize our health. District 3: Jill Griffin (Carroll County) and LORD Vivacious Veggies—these veggies pack a Victor Gutwein (Jasper County). punch of healthy vitamins and minerals es- District 4: Jared Wilkinson (Miami Coun- Mr. SESSIONS. Mr. President, I rise sential for our health! ty) and Brittany Blazier (Wells County). today to recognize and pay tribute to

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2600 CONGRESSIONAL RECORD — SENATE March 30, 2006 GEN Lance W. Lord, commander of Air tem, and the establishment of the H.R. 1259. An act to award a congressional Force Space Command, and his wife quarterly High Frontier, Air Force gold medal on behalf of the Tuskegee Air- Beccy for their lifetime of service and Space Command’s first scholarly space men, collectively, in recognition of their unfaltering dedication to the U.S. Air and missile journal. General Lord has unique military record, which inspired revolutionary reform in the Armed Forces. Force and our great country. been a stellar Air Force advocate for H.R. 4911. An act to temporarily extend the As both an airman and leader, span- the creation of the Space Power Cau- programs under the Higher Education Act of ning 37 years of military service, Gen- cus, orchestrated the ‘‘50 Years of Air 1965, and for other purposes. eral Lord’s contributions to our Na- Force Space and Missiles’’ celebration, The enrolled bills were subsequently tion’s strategic deterrence and space and developed the Space Professional signed by the President pro tempore missions were critical to the Development Strategy. Most recently, (Mr. STEVENS). warfighter, global economy, and the he answered the President’s call to f safety of our families. General Lord’s service with the creation of the High leadership was an essential element in Frontier Adventures, a program de- ENROLLED BILLS PRESENTED winning the Cold War and vital to Air signed to inspire students to explore The Secretary of the Senate reported Force Space Command’s support of space, mathematics, science, engineer- that on today, March 30, 2006, she had combat operations around the world to ing and technology. presented to the President of the include Operations Enduring Freedom, General Lord’s impeccable service is United States the following enrolled Iraqi Freedom, and the global war on characterized by his Command Space bills: terrorism. Badge, Space Professional Level III S. 2116. An act to transfer jurisdiction of General Lord prepared for his illus- certification, operational space experi- certain real property to the Supreme Court. trious Air Force career by graduating ence in nuclear operations and S. 2120. An act to ensure regulatory equity from Otterbein College and its Reserve spacelift, weapon systems expertise in between and among all dairy farmers and Officer Training Corps in 1968. In Janu- the Minuteman II, Minuteman III, and handlers for sales of packaged fluid milk in federally regulated milk marketing areas ary of 1969, General Lord was intro- Peacekeeper ICBMs, and the Atlas E, duced to the Air Force through Inter- and into certain nonfederally regulated milk Delta II, Titan II, and Titan IV Boost- marketing areas from federally regulated continental Ballistic Missile, ICBM, ers. General Lord is the recipient of nu- operational readiness and combat crew areas, and for other purposes. merous prestigious recognitions: Space f missile training. This training led to Champion Award, General Bernard A. his first assignment to North Dakota Schriever Award, General Jimmy Doo- EXECUTIVE AND OTHER as a Minuteman II combat crew- little Fellow Award, General James V. COMMUNICATIONS member. General Lord’s Air Force Hartinger Award, and the General The following communications were journey would take him and Beccy Thomas D. White Space Trophy. laid before the Senate, together with through a series of Air Staff and De- Today, I have mentioned but a few of accompanying papers, reports, and doc- partment of Defense assignments relat- GEN Lance W. Lord’s many achieve- uments, and were referred as indicated: ing to space and strategic and tactical ments. General Lord is a visionary, EC–6186. A communication from the Pro- missile systems. He was assigned as the steadfast military leader, and honor- gram Analyst, Federal Aviation Administra- military assistant to the director of able man. I know my colleagues join tion, Department of Transportation, trans- Net Assessment and directed the me in paying tribute to him and his mitting, pursuant to law, the report of a rule Ground-Launched Cruise Missile Pro- wife Beccy and their two sons, Jason entitled ‘‘Process for Requesting Waiver of Mandatory Separation Age for Certain Fed- gram in Europe. He served as the com- and Joshua, for the years they have mander of the 10th Strategic Missile eral Aviation Administration (FAA) Air dedicated to our country and to the Traffic Controllers’’ (RIN2120–AI18) received Squadron in Montana, vice commander betterment of the U.S. Armed Forces. of the 351st Strategic Missile Wing in on March 27, 2006; to the Committee on Com- As a distinguished space pioneer, Gen- merce, Science, and Transportation. Missouri, and later commanded two eral Lord widely proclaimed the man- EC–6187. A communication from the Pro- ICBM wings in Wyoming and North Da- date, ‘‘If you’re not in space, you’re not gram Analyst, Federal Aviation Administra- kota. In California, General Lord com- in the race.’’ General Lord, we wish tion, Department of Transportation, trans- manded the 30th Space Wing respon- you well. mitting, pursuant to law, the report of a rule sible for satellite launch and ballistic entitled ‘‘Modification of the Dimensions of missile test launch operations. Leading f the Grand Canyon National Park Flight professional development and edu- Rules Area and Flight Free Zones’’ (RIN2120– MESSAGES FROM THE PRESIDENT AI71) received on March 27, 2006; to the Com- cational programs was a hallmark of Messages from the President of the mittee on Commerce, Science, and Transpor- General Lord’s career. He led Air tation. Force’s education and training pro- United States were communicated to the Senate by Ms. Evans, one of his EC–6188. A communication from the Legal grams as commandant of Squadron Of- Advisor to the Bureau Chief, Media Bureau, ficer School, commander of Second Air secretaries. Federal Communications Commission, trans- Force in Mississippi, and commander of f mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), Air University in Alabama. Prior to as- EXECUTIVE MESSAGES REFERRED suming his current position, General Table of Allotments, FM Broadcast Stations (Port Isabel, Texas)’’ (MB Docket No. 04–274) Lord served as the assistant vice chief As in executive session the Presiding Officer laid before the Senate messages received on March 27, 2006; to the Committee of staff for Headquarters, U.S. Air on Commerce, Science, and Transportation. Force. from the President of the United EC–6189. A communication from the Legal During General Lord’s tenure as com- States submitting sundry nominations Advisor to the Bureau Chief, Media Bureau, mander, Air Force Space Command, he and a withdrawal which were referred Federal Communications Commission, trans- provided inspirational leadership to to the appropriate committees. mitting, pursuant to law, the report of a rule over 39,000 service men and women re- (The nominations received today are entitled ‘‘Amendment of Section 73.202(b), sponsible for a global network of sat- printed at the end of the Senate pro- Table of Allotments, FM Broadcast Stations ceedings.) (Cuba and Knoxville, Illinois)’’ (MB Docket ellite command and control, commu- No. 05–118) received on March 27, 2006; to the nications, missile warning, space f Committee on Commerce, Science, and launch, and ensured the combat readi- Transportation. ness of America’s ICBM force. General MESSAGE FROM THE HOUSE EC–6190. A communication from the Legal Lord guided the command to a number Advisor to the Bureau Chief, Media Bureau, of historic firsts: 44 successful consecu- Federal Communications Commission, trans- tive operational space launches, estab- ENROLLED BILLS SIGNED mitting, pursuant to law, the report of a rule lishment of National Security Space At 12:21 p.m., a message from the entitled ‘‘Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations Institute, the launch of the last Titan House of Representatives, delivered by (Lancaster, Pickerington, and Westerville, IV, and transition to the Evolved Ex- Ms. Niland, one of its reading clerks, Ohio)’’ (MB Docket No. 03–238) received on pendable Launch Vehicle, deactivation announced that the Speaker has signed March 27, 2006; to the Committee on Com- of the Peacekeeper ICBM weapon sys- the following enrolled bills: merce, Science, and Transportation.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2601 EC–6191. A communication from the Legal No. 03–78) received on March 27, 2006; to the EC–6209. A communication from the Pro- Advisor to the Bureau Chief, Media Bureau, Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Federal Communications Commission, trans- Transportation. tion, Department of Transportation, transmitting, pursuant to law, the report of a rule EC–6200. A communication from the Legal mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, entitled ‘‘Establishment of Class E Airspace; Table of Allotments, FM Broadcast Stations Federal Communications Commission, trans- Koliganek, AK’’ ((RIN2120–AA66)(Docket No. (Old Forge and Black River, New York)’’ (MB mitting, pursuant to law, the report of a rule 05–AAL–30)) received on March 28, 2006; to Docket No. 05–279) received on March 27, 2006; entitled ‘‘Amendment of Section 73.202(b), the Committee on Commerce, Science, and to the Committee on Commerce, Science, Table of Allotments, FM Broadcast Stations Transportation. and Transportation. (Bairoil and Sinclair, Wyoming)’’ (MB Dock- EC–6210. A communication from the Pro- EC–6192. A communication from the Legal et No. 05–117) received on March 27, 2006; to gram Analyst, Federal Aviation Administra- Advisor to the Bureau Chief, Media Bureau, the Committee on Commerce, Science, and tion, Department of Transportation, trans- Federal Communications Commission, trans- Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–6201. A communication from the Legal entitled ‘‘Establishment of High Altitude entitled ‘‘Amendment of Section 73.202(b), Advisor to the Bureau Chief, Media Bureau, Area Navigation Routes; South Central Table of Allotments, FM Broadcast Stations Federal Communications Commission, trans- United States’’ ((RIN2120–AA66)(Docket No. (Matagorda, Texas)’’ (MB Docket No. 04–215) mitting, pursuant to law, the report of a rule 05–ASO–7)) received on March 28, 2006; to the received on March 27, 2006; to the Committee entitled ‘‘Amendment of Section 73.202(b), Committee on Commerce, Science, and on Commerce, Science, and Transportation. Table of Allotments, FM Broadcast Stations Transportation. EC–6193. A communication from the Legal (Harrisonburg, Louisiana; Mecca, California; EC–6211. A communication from the Pro- Advisor to the Bureau Chief, Media Bureau, Taos, New Mexico; San Joaquin, California; gram Analyst, Federal Aviation Administra- Federal Communications Commission, trans- and Rosepine, Louisiana)’’ (MB Docket Nos. tion, Department of Transportation, transmitting, pursuant to law, the report of a rule 04–266, 04–267, 04–268, 04–269, and 04–270) re- mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), ceived on March 27, 2006; to the Committee entitled ‘‘Modification of Class E Airspace; Table of Allotments, FM Broadcast Stations on Commerce, Science, and Transportation. Gothenburg, Quinn Field, NE’’ ((RIN2120– (Otter Creek, Florida)’’ (MB Docket No. 05– EC–6202. A communication from the Legal AA66)(Docket No. 06–ACE–1)) received on 54) received on March 27, 2006; to the Com- Advisor to the Bureau Chief, Media Bureau, March 28, 2006; to the Committee on Com- mittee on Commerce, Science, and Transpor- Federal Communications Commission, trans- merce, Science, and Transportation. tation. mitting, pursuant to law, the report of a rule EC–6212. A communication from the Pro- EC–6194. A communication from the Legal entitled ‘‘Amendment of Section 73.202(b), gram Analyst, Federal Aviation Administra- Advisor to the Bureau Chief, Media Bureau, Table of Allotments, FM Broadcast Stations tion, Department of Transportation, trans- Federal Communications Commission, trans- (Grand Portage, Minnesota)’’ (MB Docket mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule No. 04–432) received on March 27, 2006; to the entitled ‘‘Modification of the Minneapolis entitled ‘‘Amendment of Section 73.202(b), Committee on Commerce, Science, and Class B Airspace; MN’’ ((RIN2120– Table of Allotments, FM Broadcast Stations Transportation. AA66)(Docket No. 03–AWA–6)) received on EC–6203. A communication from the Legal (Tomahawk, Wisconsin; Waynoka, Okla- March 28, 2006; to the Committee on Com- Advisor to the Bureau Chief, Media Bureau, homa; Wasco, California; Richland Springs, merce, Science, and Transportation. Federal Communications Commission, trans- Texas; and Hermitage, Arkansas)’’ (MB EC–6213. A communication from the Pro- mitting, pursuant to law, the report of a rule Docket Nos. 04–202, 04–271, 04–272, 04–273, and gram Analyst, Federal Aviation Administra- entitled ‘‘Amendment of Section 73.202(b), 04–431) received on March 27, 2006; to the tion, Department of Transportation, trans- Table of Allotments, FM Broadcast Stations Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule (Okeene, Oklahoma)’’ (MB Docket No. 05–296) entitled ‘‘Airworthiness Directives; Glaser- Transportation. received on March 27, 2006; to the Committee EC–6195. A communication from the Legal Dirks Flugzeugbau GmbH Model DG–100 and on Commerce, Science, and Transportation. Advisor to the Bureau Chief, Media Bureau, EC–6204. A communication from the Pro- DG–400 Sailplanes and DG Flugzeugbau Federal Communications Commission, trans- gram Analyst, Federal Aviation Administra- GmbH Models DG–500 Elan Series and DF– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- 500M Sailplanes’’ ((RIN2120–AA64)(Docket entitled ‘‘Amendment of Section 73.202(b), mitting, pursuant to law, the report of a rule No. 2005–CE–44)) received on March 28, 2006; Table of Allotments, FM Broadcast Stations entitled ‘‘Standard Instrument Approach to the Committee on Commerce, Science, (Coupeville and Sequim, Washington)’’ (MB Procedures (27); Amdt. No. 3150’’ (RIN2120– and Transportation. Docket No. 04–280) received on March 27, 2006; AA65) received on March 28, 2006; to the Com- EC–6214. A communication from the Pro- to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- and Transportation. tation. tion, Department of Transportation, trans- EC–6196. A communication from the Legal EC–6205. A communication from the Pro- mitting, pursuant to law, the report of a rule Advisor to the Bureau Chief, Media Bureau, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; McDon- Federal Communications Commission, trans- tion, Department of Transportation, trans- nell Douglas Model DC–10–10, DC–10–10F, DC– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 10–15, DC–10–30, DC–10–30F (KC–10A and KDC– entitled ‘‘Amendment of Section 73.202(b), entitled ‘‘Standard Instrument Approach 10), DC–10–40, DC–10–40F, MD–10–10F, MD–10– Table of Allotments, FM Broadcast Stations Procedures (18); Amdt. No. 3151’’ (RIN2120– 30F, MD–11, and MD–11F Airplanes’’ (New Harmony, IN and West Salem, IL)’’ AA65) received on March 28, 2006; to the Com- ((RIN2120–AA64)(Docket No. 2004–NM–178)) (MB Docket No. 04–341) received on March 27, mittee on Commerce, Science, and Transpor- received on March 28, 2006; to the Committee 2006; to the Committee on Commerce, tation. on Commerce, Science, and Transportation. Science, and Transportation. EC–6206. A communication from the Pro- EC–6215. A communication from the Pro- EC–6197. A communication from the Legal gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Advisor to the Bureau Chief, Media Bureau, tion, Department of Transportation, trans- tion, Department of Transportation, trans- Federal Communications Commission, transmitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach entitled ‘‘Airworthiness Directives; Rolls entitled ‘‘Amendment of Section 73.202(b), Procedures (44); Amdt. No. 3153’’ (RIN2120– Royce plc RB211 Trent 553–61, 553A2–61, 556– Table of Allotments, FM Broadcast Stations AA65) received on March 28, 2006; to the Com- 61, 556A2–61, 556B–61, 556B2–61, 560–61, and (Fernandina Beach and Yulee, Florida)’’ (MB mittee on Commerce, Science, and Transpor- 560A2–61 Turbofan Engines’’ ((RIN2120–AA64) Docket No. 05–240) received on March 27, 2006; tation. (Docket No. 2005–NE–41)) received on March to the Committee on Commerce, Science, EC–6207. A communication from the Pro- 28, 2006; to the Committee on Commerce, and Transportation. gram Analyst, Federal Aviation Administra- Science, and Transportation. EC–6198. A communication from the Legal tion, Department of Transportation, trans- EC–6216. A communication from the Pro- Advisor to the Bureau Chief, Media Bureau, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Federal Communications Commission, trans- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, transmitting, pursuant to law, the report of a rule Procedures (42); Amdt. No. 3154’’ (RIN2120– mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Section 73.202(b), AA65) received on March 28, 2006; to the Com- entitled ‘‘Airworthiness Directives; Empresa Table of Allotments, FM Broadcast Stations mittee on Commerce, Science, and Transpor- Brasileira de Aeronautica S.A. (EMBRAER) (Cuney, TX)’’ (MB Docket No. 05–33) received tation. Model ERJ 170 Airplanes’’ ((RIN2120–AA64) on March 27, 2006; to the Committee on Com- EC–6208. A communication from the Pro- (Docket No. 2005–NM–052)) received on March merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- 28, 2006; to the Committee on Commerce, EC–6199. A communication from the Legal tion, Department of Transportation, trans- Science, and Transportation. Advisor to the Bureau Chief, Media Bureau, mitting, pursuant to law, the report of a rule EC–6217. A communication from the Pro- Federal Communications Commission, trans- entitled ‘‘Revision of Class E Airspace; Big gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Delta, Allen Army Airfield, Ft. Greely, AK’’ tion, Department of Transportation, trans- entitled ‘‘Amendment of Section 73.202(b), ((RIN2120–AA66) (Docket No. 05–AAL–13)) re- mitting, pursuant to law, the report of a rule Table of Allotments, FM Broadcast Stations ceived on March 28, 2006; to the Committee entitled ‘‘Airworthiness Directives; British (Bend and Prineville, Oregon)’’ (MB Docket on Commerce, Science, and Transportation. Aerospace Model HS 748 Airplanes’’

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2602 CONGRESSIONAL RECORD — SENATE March 30, 2006 ((RIN2120–AA64) (Docket No. 2004–NM–141)) entitled ‘‘Airworthiness Directives; Bom- The Senate advises and consents to the received on March 28, 2006; to the Committee bardier Model CL–600–2B19 Airplanes’’ ratification of the Protocol of 1997 to Amend on Commerce, Science, and Transportation. ((RIN2120–AA64)(Docket No. 2005–NM–161)) the International Convention for the Preven- EC–6218. A communication from the Pro- received on March 28, 2006; to the Committee tion of Pollution from Ships, 1973, as modi- gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. fied by the Protocol of 1978 Relating Thereto tion, Department of Transportation, trans- EC–6227. A communication from the Pro- (hereinafter in this resolution referred to as mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the ‘‘Protocol of 1997’’), signed by the United entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- States on December 22, 1998 (T. Doc 108–7), Raytheon Model DH.125, HS.125, and BH .125 mitting, pursuant to law, the report of a rule subject to the understandings and declara- Series Airplanes; Model BAe.125 Series 800A, entitled ‘‘Airworthiness Directives; tion in sections 2 and 3. 800B, 1000A, and 1000B Airplanes; and Model Raytheon Aircraft Company Model 390 Air- Section 2. Understandings Hawker 800 and 1000 Airplanes’’ ((RIN2120– planes’’ ((RIN2120–AA64)(Docket No. 2005–CE– The advice and consent of the Senate AA64) (Docket No. 2005–NM–017)) received on 51)) received on March 28, 2006; to the Com- under section 1 is subject to the following March 28, 2006; to the Committee on Com- mittee on Commerce, Science, and Transpor- understandings, which shall be included in merce, Science, and Transportation. tation. the United States instrument of ratification: EC–6219. A communication from the Pro- EC–6228. A communication from the Direc- (1) The United States of America under- gram Analyst, Federal Aviation Administra- tor, National Marine Fisheries Service, Na- stands that the Protocol of 1997 does not, as tion, Department of Transportation, trans- tional Oceanic and Atmospheric Administra- a matter of international law, prohibit Par- mitting, pursuant to law, the report of a rule tion, Department of Commerce, transmit- ties from imposing, as a condition of entry entitled ‘‘Airworthiness Directives; Empresa ting, pursuant to law, a report relative to into their ports or internal waters, more Brasileira de Aeronautica S.A. (EMBRAER) Atlantic highly migratory species for 2006; to stringent emission standards or fuel oil re- Model EMB–120, –120ER, –120FC, 120QC, and the Committee on Commerce, Science, and quirements than those identified in the Pro- –120RT Airplanes’’ ((RIN2120–AA64) (Docket Transportation. tocol. No. 2005–NM–191)) received on March 28, 2006; EC–6229. A communication from the White (2) The United States of America under- to the Committee on Commerce, Science, House Liaison, Department of the Treasury, stands that Regulation 15 applies only to and Transportation. transmitting, pursuant to law, the report of safety aspects associated with the operation EC–6220. A communication from the Pro- action on a nomination and the discontinu- of vapor emission control systems that may gram Analyst, Federal Aviation Administra- ation of service in the acting role for the po- be applied during cargo transfer operations tion, Department of Transportation, trans- sition of Assistant Secretary (Public Af- between a tanker and port-side facilities and mitting, pursuant to law, the report of a rule fairs), received on March 27, 2006; to the to the requirements specified in Regulation entitled ‘‘Airworthiness Directives; Bom- Committee on Banking, Housing, and Urban 15 for notification to the International Mari- bardier Model CL–600–1A11, CL–600–2A12, and Affairs. time Organization of port State regulation of CL–600–2B16 Airplanes ‘‘ ((RIN2120–AA64) EC–6230. A communication from the Sec- such systems. (Docket No. 2005–NM–157)) received on March retary of the Treasury, transmitting, pursu- Section 3. Declaration 28, 2006; to the Committee on Commerce, ant to law, a six-month periodic report on The advice and consent of the Senate Science, and Transportation. the national emergency declared in Execu- under section 1 is subject to the following EC–6221. A communication from the Pro- tive Order 13224 of September 23, 2001, with declaration, which shall be included in the gram Analyst, Federal Aviation Administra- respect to persons who commit, threaten to United States instrument of ratification: tion, Department of Transportation, trans- commit, or support terrorism; to the Com- The United States of America notes that mitting, pursuant to law, the report of a rule mittee on Banking, Housing, and Urban Af- at the time of adoption of the Protocol of entitled ‘‘Airworthiness Directives; Airbus fairs. 1997, the NOx emission control limits con- Model A330–200, A330–300, A340–200, and A340– EC–6231. A communication from the Chair- tained in Regulation 13 were those agreed as 300 Series Airplanes’’ ((RIN2120–AA64) (Dock- man and President (Acting), Export-Import being achievable by January 1, 2000, on new et No. 2003–NM–168)) received on March 28, Bank of the United States, transmitting, marine diesel engines, and further notes that 2006; to the Committee on Commerce, pursuant to law, the Bank’s Annual Report Regulation 13(3)(b) contemplated that new Science, and Transportation. for Fiscal Year 2005; to the Committee on technology would become available to reduce EC–6222. A communication from the Pro- Banking, Housing, and Urban Affairs. on-board NOx emissions below those limits. gram Analyst, Federal Aviation Administra- As such improved technology is now avail- tion, Department of Transportation, trans- f able, the United States expresses its support mitting, pursuant to law, the report of a rule REPORTS OF COMMITTEES for an amendment to Annex VI, that would, entitled ‘‘Airworthiness Directives; Bom- on an urgent basis, revise the agreed NOx bardier Model CL–600–2B19 Airplanes’’ The following reports of committees emission control limits contained in Regula- ((RIN2120–AA64) (Docket No. 2005–NM–197)) were submitted: tion 13 in keeping with new technological de- received on March 28, 2006; to the Committee By Mr. STEVENS, from the Committee on velopments. on Commerce, Science, and Transportation. Commerce, Science, and Transportation, f EC–6223. A communication from the Pro- with an amendment in the nature of a sub- gram Analyst, Federal Aviation Administra- stitute: EXECUTIVE REPORTS OF tion, Department of Transportation, trans- S. 65. A bill to amend the age restrictions COMMITTEES mitting, pursuant to law, the report of a rule for pilots (Rept. No. 109–225). The following executive reports of entitled ‘‘Airworthiness Directives; By Mr. SPECTER, from the Committee on Raytheon Model Hawker 800XP Airplanes’’ the Judiciary, without amendment: nominations were submitted: ((RIN2120–AA64) (Docket No. 2005–NM–188)) S. 829. A bill to allow media coverage of By Mr. SPECTER for the Committee on received on March 28, 2006; to the Committee court proceedings. the Judiciary. on Commerce, Science, and Transportation. S. 1768. A bill to permit the televising of Michael A. Chagares, of New Jersey, to be EC–6224. A communication from the Pro- Supreme Court proceedings. United States Circuit Judge for the Third Circuit. gram Analyst, Federal Aviation Administra- f tion, Department of Transportation, trans- Patrick Joseph Schiltz, of Minnesota, to be mitting, pursuant to law, the report of a rule EXECUTIVE REPORT OF United States District Judge for the District entitled ‘‘Airworthiness Directives; Airbus COMMITTEE of Minnesota. Model A310–203, –204, and –222 Airplanes, and Gray Hampton Miller, of Texas, to be Model A310–300 Series Airplanes’’ ((RIN2120– The following executive report of United States District Judge for the South- AA64) (Docket No. 2005–NM–143)) received on committee was submitted: ern District of Texas. March 28, 2006; to the Committee on Com- By Mr. LUGAR, from the Committee on Sharee M. Freeman, of Virginia, to be Di- merce, Science, and Transportation. Foreign Relations: rector, Community Relations Service, for a EC–6225. A communication from the Pro- [Treaty Doc. 108–7 Protocol of 1997 Amend- term of four years. gram Analyst, Federal Aviation Administra- ing MARPOL Convention (Ex. Rept. 109– Jeffrey L. Sedgwick, of Massachusetts, to tion, Department of Transportation, trans- 13)] be Director of the Bureau of Justice Statis- mitting, pursuant to law, the report of a rule tics. The text of the committee-recommended entitled ‘‘Airworthiness Directives; resolution of advice and consent to ratifica- (Nominations without an asterisk Turbomeca Arriel 1B, 1D, 1D1, and 1S1 Tur- tion is as follows: were reported with the recommenda- boshaft Engines’’ ((RIN2120–AA64)(Docket tion that they be confirmed.) No. 2005–NE–09)) received on March 28, 2006; TEXT OF RESOLUTION OF ADVICE AND CONSENT to the Committee on Commerce, Science, TO RATIFICATION AS RECOMMENDED BY THE f and Transportation. COMMITTEE ON FOREIGN RELATIONS INTRODUCTION OF BILLS AND EC–6226. A communication from the Pro- Resolved (two-thirds of the Senators present JOINT RESOLUTIONS gram Analyst, Federal Aviation Administra- concurring therein), tion, Department of Transportation, trans- Section 1. Senate Advice and Consent Sub- The following bills and joint resolu- mitting, pursuant to law, the report of a rule ject to Understandings and Declaration tions were introduced, read the first

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2603 and second times by unanimous con- title 10, United States Code, to repeal curity and stability of the United sent, and referred as indicated: the requirement for the reduction of States economy by reducing the de- By Mr. SCHUMER: certain Survivor Benefit Plan annu- pendence of the United States on oil S. 2481. A bill to require the Secretary of ities by the amount of dependency and through the use of alternative fuels Homeland Security to hire additional full- indemnity compensation and to modify and new technology, and for other pur- time non-supervisory import specialists of the effective date for paid-up coverage poses. the Bureau of Customs and Border Protec- under the Survivor Benefit Plan. S. 2284 tion, and for other purposes; to the Com- mittee on Finance. S. 513 At the request of Ms. MIKULSKI, the By Ms. LANDRIEU (for herself and Mr. At the request of Mr. GREGG, the names of the Senator from Wyoming KERRY): name of the Senator from Michigan (Mr. THOMAS) and the Senator from S. 2482. A bill to authorize funding for (Ms. STABENOW) was added as a cospon- South Dakota (Mr. THUNE) were added State-administered bridge loan programs, to sor of S. 513, a bill to provide collective as cosponsors of S. 2284, a bill to extend increase the access of small businesses to ex- bargaining rights for public safety offi- the termination date for the exemption port assistance center services in areas in cers employed by States or their polit- of returning workers from the numer- which the President declared a major disaster as a result of Hurricane Katrina of 2005, ical subdivisions. ical limitations for temporary workers. Hurricane Rita of 2005, or Hurricane Wilma S. 811 S. 2292 of 2005, to authorize additional disaster At the request of Mr. DURBIN, the At the request of Mr. SPECTER, the loans, to require reporting regarding the ad- names of the Senator from North Da- name of the Senator from Missouri ministration of the disaster loan programs, kota (Mr. DORGAN) and the Senator (Mr. TALENT) was added as a cosponsor and for other purposes; to the Committee on from Wisconsin (Mr. FEINGOLD) were of S. 2292, a bill to provide relief for the Small Business and Entrepreneurship. added as cosponsors of S. 811, a bill to Federal judiciary from excessive rent By Mr. ENSIGN (for himself, Mr. VIT- TER, and Mr. ISAKSON): require the Secretary of the Treasury charges. S. 2483. A bill to establish a Law Enforce- to mint coins in commemoration of the At the request of Mr. LEAHY, the ment Assistance Force in the Department of bicentennial of the birth of Abraham name of the Senator from Hawaii (Mr. Homeland Security to facilitate the con- Lincoln. INOUYE) was added as a cosponsor of S. tributions of retired law enforcement offi- S. 828 2292, supra. cers during major disasters; to the Com- At the request of Mr. HARKIN, the S. 2321 mittee on Homeland Security and Govern- mental Affairs. name of the Senator from New Jersey At the request of Mr. SANTORUM, the By Mr. OBAMA (for himself, Mr. (Mr. MENENDEZ) was added as a cospon- name of the Senator from Delaware MENENDEZ, Mr. HARKIN, Mrs. CLIN- sor of S. 828, a bill to enhance and fur- (Mr. BIDEN) was added as a cosponsor of TON, and Mr. LIEBERMAN): ther research into paralysis and to im- S. 2321, a bill to require the Secretary S. 2484. A bill to amend the Internal Rev- prove rehabilitation and the quality of of the Treasury to mint coins in com- enue Code of 1986 to prohibit the disclosure life for persons living with paralysis memoration of Louis Braille. of tax return information by tax return pre- and other physical disabilities, and for S. 2370 parers to third parties; to the Committee on other purposes. Finance. At the request of Mr. MCCONNELL, By Mr. BAUCUS (for himself and Mr. S. 1440 the names of the Senator from Wash- WYDEN): At the request of Mr. CRAPO, the ington (Mrs. MURRAY), the Senator S. 2485. A bill to amend the Internal Rev- name of the Senator from Illinois (Mr. from South Carolina (Mr. GRAHAM), the enue Code of 1986 to provide a source for pay- DURBIN) was added as a cosponsor of S. Senator from Iowa (Mr. GRASSLEY), the ments to States and counties under the Se- 1440, a bill to amend title XVIII of the Senator from Minnesota (Mr. COLEMAN) cure Rural Schools and Community Self-De- Social Security Act to provide cov- and the Senator from North Dakota termination Act of 2000; to the Committee on Finance. erage for cardiac rehabilitation and (Mr. DORGAN) were added as cosponsors By Mr. LAUTENBERG (for himself, pulmonary rehabilitation services. of S. 2370, a bill to promote the devel- Mr. OBAMA, Mr. KERRY, Mr. MENEN- S. 1815 opment of democratic institutions in DEZ, Mr. DURBIN, and Mr. BIDEN): At the request of Mr. ALEXANDER, the areas under the administrative control S. 2486. A bill to ensure that adequate ac- names of the Senator from Tennessee of the Palestinian Authority, and for tions are taken to detect, prevent, and mini- (Mr. FRIST) and the Senator from Ken- other purposes. mize the consequences of chemical releases S. 2403 that result from terrorist attacks and other tucky (Mr. MCCONNELL) were added as criminal activity that may cause substantial cosponsors of S. 1815, a bill to amend At the request of Mr. THOMAS, the harm to public health and safety and the en- the Immigration and Nationality Act name of the Senator from Wyoming vironment; to the Committee on Homeland to prescribe the binding oath or affir- (Mr. ENZI) was added as a cosponsor of Security and Governmental Affairs. mation of renunciation and allegiance S. 2403, a bill to authorize the Sec- f required to be naturalized as a citizen retary of the Interior to include in the of the United States, to encourage and boundaries of the Grand Teton Na- SUBMISSION OF CONCURRENT AND support the efforts of prospective citi- tional Park land and interests in land SENATE RESOLUTIONS zens of the United States to become of the GT Park Subdivision, and for The following concurrent resolutions citizens, and for other purposes. other purposes. and Senate resolutions were read, and S. 1865 S. 2426 referred (or acted upon), as indicated: At the request of Mrs. DOLE, the At the request of Mr. BAUCUS, the By Mr. ENSIGN: name of the Senator from South Caro- name of the Senator from Maryland S. Res. 415. A resolution expressing the lina (Mr. GRAHAM) was added as a co- (Ms. MIKULSKI) was added as a cospon- continuing support of the Senate to the Jun- sponsor of S. 1865, a bill to establish sor of S. 2426, a bill to facilitate the ior Reserve Officers’ Training Corps the SouthEast Crescent Authority, and protection of minors using the Internet (JROTC), and commending the efforts of that for other purposes. from material that is harmful to mi- vital program as it carries out its mission of instilling the values of citizenship and serv- S. 1952 nors, and for other purposes. ice in the hearts and minds of the youth of At the request of Mr. COLEMAN, the S. 2460 the United States; to the Committee on name of the Senator from Minnesota At the request of Mr. MENENDEZ, the Armed Services. (Mr. DAYTON) was added as a cosponsor name of the Senator from New York f of S. 1952, a bill to provide grants for (Mr. SCHUMER) was added as a cospon- rural health information technology sor of S. 2460, a bill to permit access to ADDITIONAL COSPONSORS development activities. certain information in the Firearms S. 185 S. 2025 Trace System database. At the request of Mr. NELSON of Flor- At the request of Mr. BAYH, the name S. 2475 ida, the name of the Senator from New of the Senator from New York (Mrs. At the request of Mr. SALAZAR, the Mexico (Mr. DOMENICI) was added as a CLINTON) was added as a cosponsor of S. name of the Senator from Florida (Mr. cosponsor of S. 185, a bill to amend 2025, a bill to promote the national se- NELSON) was added as a cosponsor of S.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2604 CONGRESSIONAL RECORD — SENATE March 30, 2006 2475, a bill to establish the Commission coast, who have just been devastated revitalization. I am here with my col- to Study the Potential Creation of a by the two most powerful storms to league to say that the regular ap- National Museum of the American ever hit the United States in recorded proach, the standard operation, the Latino Community, to develop a plan history, and as you yourself know, be- mousetrap that we created to handle of action for the establishment and cause you were down in the gulf and past disasters is simply not sufficient. maintenance of a National Museum of have been a frequent champion for our Some of the people who work for the the American Latino Community in cause. It is still hard, though, to de- Small Business Administration and Washington, DC, and for other pur- scribe to our colleagues the current sit- FEMA are terrific. You could not find poses. uation there. Not only were these two better human beings on the face of the S. CON. RES. 65 hurricanes quite powerful, at some Earth. But it is not the individual At the request of Mr. BURR, the name point category 4 and 5, which are killer human beings who are lacking here; it of the Senator from New Jersey (Mr. storms, but just as devastating was the is the system that is insufficient and MENENDEZ) was added as a cosponsor of flooding that ensued by the collapse of inadequate to the task. S. Con. Res. 65, a concurrent resolution the Federal levee system—a collapse Senator KERRY and I come to the recognizing the benefits and impor- because of inadequate engineering. floor today to speak about this bill tance of Federally-qualified health cen- Both the hurricanes and the flooding that will create new models, create enters and their Medicaid prospective have literally devastated a major met- hanced help from the Federal Govern- payment system. ropolitan area which sits in the heart ment so that the businesses in Lou- isiana can at least be met halfway in S. RES. 408 of America’s only energy coast, the their struggle to get their roofs back At the request of Mr. HAGEL, the gulf coast, and has been devastating to on, their inventories back in supply, name of the Senator from Ohio (Mr. large and small businesses alike. We and new markets opened up, since the DEWINE) was added as a cosponsor of S. are here today to talk about our small markets around them have collapsed. Res. 408, a resolution expressing the businesses and their struggle for sur- The communities they served and hold sense of the Senate that the President vival. They are indeed the backbone of to are in some cases destroyed, in oth- our economic recovery. should declare lung cancer a public ers dispersed across the country. If we health priority and should implement a We have first focused on levees, appropriately, and gulf coast restoration don’t help them now, building a strong comprehensive interagency program gulf coast will be all the more difficult that will reduce lung cancer mortality efforts, without which no recovery will be possible. We have also tried to without our small businesses. by at least 50 percent by 2015. After talking to the business leaders struggle keeping children in school, S. RES. 409 and small businesses in my State, keeping families sheltered, literally At the request of Mr. FEINGOLD, his there are three things that they need from the elements in temporary hous- name was added as a cosponsor of S. right now: technical assistance, con- ing, when we think 7 months on after Res. 409, a resolution supporting de- tracting assistance, and assistance mocracy, development, and stabiliza- Katrina and Rita, recovery is going to with SBA disaster loans. For example, tion in Haiti. start with our small businesses. many of our small businesses need help As I mentioned, yesterday marked At the request of Mr. BINGAMAN, his navigating the SBA assistance pro- the seven month anniversary of Hurri- name was added as a cosponsor of S. grams or, with much of their customer cane Katrina. Katrina was the most de- Res. 409, supra. base in other States, others are now structive hurricane ever to hit the At the request of Mr. LIEBERMAN, his looking overseas for new markets. Our United States. The next month, in Sep- name was added as a cosponsor of S. bill includes a provision to waive the tember, Hurricane Rita hit the Lou- Res. 409, supra. $100,000 cap on portability grants to f isiana and Texas coast. It was the sec- SBDCs and allows SBDCs to receive ond most powerful hurricane ever to these grants for disaster relief. Our bill STATEMENTS ON INTRODUCED hit the United States, wreaking havoc BILLS AND JOINT RESOLUTIONS also contains funds for the SBA to cre- on the southwestern part of my state ate a gulf coast international finance By Ms. LANDRIEU (for herself and the east Texas coast. This one-two specialist, based in the gulf, who would and Mr. KERRY): punch devastated Louisiana lives, com- provide essential technical assistance S. 2482. A bill to authorize funding munities and jobs, stretching from for small businesses looking for export for State-administered bridge loan pro- Cameron Parish in the west to financing. grams, to increase the access of small Plaquemines Parish in the east. It is vital to the economic recovery businesses to export assistance center We are now rebuilding our State and in Louisiana that our small businesses services in areas in which the Presi- the wide variety of communities that are given the opportunity to take part dent declared a major disaster as a re- were devastated by Rita and Katrina, in the reconstruction of their State. sult of Hurricane Katrina of 2005, Hur- areas representing a diverse mix of Our businesses want to help rebuild ricane Rita of 2005, or Hurricane Wilma population, income and cultures. We their communities, but continue to of 2005, to authorize additional disaster hope to restore the region’s uniqueness have trouble getting Federal recovery loans, to require reporting regarding and its greatness. To do that, we need contracts and keep getting mixed sig- the administration of the disaster loan to rebuild our local economies for now nals from FEMA. programs, and for other purposes; to and far into the future. With these facts in mind, our bill sets the Committee on Small Business and Before last year’s storms, Louisiana a small business prime contracting Entrepreneurship. had 86,000 small businesses, employing goal of 30 percent for Federal emer- Ms. LANDRIEU. Mr. President, I over 850,000 people. Their annual pay- gency contracts to rebuild the affected come to the floor with my ranking roll was $21.9 billion. areas. This is to ensure that small member and leader on this issue, Sen- My State estimates that there were businesses, particularly those located ator JOHN KERRY of Massachusetts, to 71,000 businesses in the Katrina and in the disaster area and that employ speak for a few moments about a bill Rita disaster zones. A total of 18,752 of individuals in the affected areas, the two of us are going to introduce these businesses catastrophically de- should receive a fair share of Federal today, the Gulf Coast Open for Busi- stroyed. However, on a wider scale, ac- contracting dollars. Our bill also ness Act of 2006, by Senators LANDRIEU, cording to the U.S. Chamber of Com- makes the disaster areas eligible for KERRY and others. Let me first commerce, over 125,000 small and medium- HUBZones status to promote business mend my colleague and thank him for sized businesses in the gulf region were growth. joining me here today. He will be giv- disrupted by Katrina and Rita. As of Our businesses are struggling to deal ing more details about the act, which this month, local chambers of com- with the SBA bureaucracy. Too often, he has worked with my staff and others merce report that as many as two- when they get action on their loan ap- to craft, so let me add some personal thirds of their members had not re- plication, it is a letter of rejection perspective. sumed business operations. We will rather than a check. I stand here again, on behalf of the never succeed without these small The SBA has repeatedly touted how people of Louisiana, and the whole gulf businesses. They will be the key to the it has staffed up and increased its loan

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2605 processing productivity in recent Mr. KERRY. Mr. President, first of Small Business administration doesn’t months. They even cite record loan ap- all, I thank the Senator from Lou- have an employee in the New Orleans provals in the gulf. But recent numbers isiana. She has been terrific to work USEAC to help direct businesses to the show it is still taking the SBA 104 days with on this issue, but, more impor- financing programs that they need. to process and close on a business ap- tant, she is absolutely tenacious with Senator LANDRIEU and I recognize that plication. That is time many strug- respect to the recovery issues in her this is because the SBA’s international gling businesses that are holding on by State. I think she has offered tremen- trade resources are stretched too thin- their fingernails in a challenging envi- dous leadership in the Senate on a con- ly, so we are authorizing extra funds ronment simply do not have. stant basis. On almost every bill that for the SBA to use in hiring an em- Many times, when businesses are ap- comes through, she has fought to find a ployee for the New Orleans USEAC. proved for an SBA loan, they find the way to assist with the recovery. It has Shortly after Hurricane Katrina hit, terms and conditions to be unduly bur- been a pleasure to work with her. I Small Business Development Centers densome. Some are put in the position know she has to go to another meeting. across the country decided to devote of having to make payments while they I am pleased to join with her in intro- all the funds in the portability grant take care of expenses they have inducing this legislation today. program, which is designed to help curred for the months they spent wait- Senator LANDRIEU has tried to spread communities recover after suffering ing for the loan. the word that New Orleans has plenty significant job losses, to helping the Our bill provides substantive relief to to offer, that people should not be Gulf Coast SBDCs. Not only did the small businesses in the disaster areas scared away by negative press reports SBDC community sacrifice money to by allowing them to defer repayment of but instead be looking for opportuni- help their colleagues in the Gulf, they disaster loans for 1 year from the time ties to help rebuild one of our greatest tried to volunteer employees and other they received the loan. This will give cities. resources. Unfortunately, the good in- them time to resume operations and According to the U.S. Chamber of tentions of the SBDC network were build back a customer base as dis- Commerce, more than 125,000 small and stopped by legal technicalities. Limita- placed residents gradually return medium sized businesses were dis- tions on the amount of money a State home. Our bill also increases the SBA’s rupted or destroyed by the hurricanes. could get for a portability grant and disaster mitigation loan amounts so It’s been seven months since the Gulf restrictions on SBDC employees work- that borrowers can more effectively in- was hit by the hurricanes, and it is ing outside of their State hampered re- vest in products such as sea walls or time to take a look at the long-term covery efforts. Senator LANDRIEU and I storm shutters, that mitigate against needs of businesses in the region if we were disturbed to hear of these prob- damage from future disasters. are going to truly foster an economic lems, and with our legislation today we It is important to not only address recovery. will correct these problems so that bu- our current needs from past hurricanes It is well known, the SBA’s disaster reaucracy isn’t preventing the Gulf but to also look ahead to the next hur- loan program has done an abysmal job Coast recovery. ricane season—which is only 63 days of getting out capital to businesses and This bill also focuses on contracting away. I am concerned that the SBA has homeowners over the past seven opportunities for small businesses. The not incorporated ‘lessons learned’ from months, still with almost 80,000 appli- full participation of this Nation’s small recent storms. I am concerned that cations to be processed out of 400,000 businesses, particularly those in and they remain unprepared for what may applications submitted. To help clear around the affected region, in the re- be another active hurricane season—if out the backlog, this bill enlists the building effort is essential to the long- not in my State then perhaps in other agency’s private-sector lending part- term success of the region’s economy. coastal States in 2007. ners to help process loans. They are ex- New Orleans, in particular, was a city One provision included in our bill is a perienced SBA lenders, and in exchange built on a foundation of small business requirement that the SBA submit to for their expertise, SBA would pay and they will be the driving force be- Congress a detailed proactive disaster them a fee to process loans. This is hind its rebuilding. response plan by June 1, 2006, the start Unfortunately, not enough is being much faster than building a separate of the 2006 Atlantic hurricane season. I done to ensure this participation. Just infrastructure of lenders, losing time want to make sure the SBA is ready to last week, I sent a letter to FEMA to train them, when the experience and respond should that become necessary. about their failure to award approxi- infrastructure already exists. Along As we reflect on the 7-month anniver- mately $1.5 billion in relief, recovery, with the American Bankers Associa- sary of the worst natural disaster to and rebuilding contracts to small busi- tions, we urged the SBA back in No- hit our Nation, now is the time for ac- nesses. They told Senator LANDRIEU tion—not words or empty promises. vember to enlist the agency’s private- and me, and the other members of the Today, right here in the Senate, is a sector lending partners to help process Small Business Committee in Novem- time for fresh ideas and fiscally respon- loans. SBA refused, saying they had a ber that they would award those con- sible plans to help our small businesses better idea. That idea failed. With this tracts by February 1. We were dis- rebuild. bill, SBA can increase processing, get appointed that it would be another four I urge my colleagues to support this small businesses their loans faster, and months to get those funds to small important legislation. local lenders can participate in the re- businesses that desperately needed the With that, I turn the floor over to covery of their communities. work, but we were even more appalled Senator KERRY who will go into addi- We also identified a need for export when the deadline came and went, with tional detail about the Gulf Coast Open assistance. There is an interesting phe- no action from FEMA. for Business Act. I thank him for his nomenon occurring right now as a re- Thus, this legislation has a number leadership, not only for this week but sult of Katrina. Companies from of provisions to help small businesses since the week of the storm. Our chair- around the globe, having witnessed the in the disaster areas compete for Fed- woman, Senator SNOWE along with tragedy of New Orleans, are trying to eral contracts in the short term and in Senator KERRY, have focused a great reach out to businesses along the Gulf any future disaster recovery effort. deal of their own efforts from outside Coast. For companies that had already This bill would make the declared of our region to help our small busi- established relationships overseas, this disaster areas an Historically Under- nesses. I commend them for their con- has meant big bucks. Many smaller utilized Business Zone (HUBZone). This tinued efforts and, along with my fel- businesses, however, don’t have those would give a preference to small busi- low Senator from Louisiana, Mr. VIT- relationships and are struggling to nesses in the disaster zone when they TER, look forward to working with take advantage of these new inter- bid on Federal contracts. them in the coming months to give our national opportunities. The U.S. Ex- To help jumpstart the local econo- small businesses the help they need so port Assistance Centers, or USEACs, mies affected by Hurricanes Katrina that they may rebuild and prosper once are ready and willing to help, and they and Rita and Wilma, the bill requires again. are a tremendous resource for busi- the Federal Government to award 30 The PRESIDING OFFICER. The Sen- nesses looking to branch into foreign percent of prime contracts and 40 per- ator from Massachusetts is recognized. markets. But the problem is that the cent of subcontract dollars spent on

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2606 CONGRESSIONAL RECORD — SENATE March 30, 2006 disaster relief, recovery or reconstruc- local law enforcement. Unfortunately, top presidential advisor on homeland tion in the four affected States to be many of these volunteers encountered security, has said, ‘‘I am aware of no awarded to small businesses. Small red tape that left them frustrated and other category of potential terrorist businesses performing work in the area idle rather than using their expertise targets that presents as great a dan- are more likely to turn over Federal to aid efforts. ger’’ as chemical facilities. dollars in the local economy, reinvigo- Because there is a desire from retired There are about 15,000 chemical man- rating the local economy. The provi- police officers to offer their experience ufacturers and storage facilities na- sion also includes a requirement of a and expertise in times of crisis, today, tionwide, including about 110 in heav- weekly small business utilization re- along with my colleague Senator VIT- ily populated areas. The greatest area port from the Gulf Coast region. TER, I will be introducing the Law En- of vulnerability is in South Kearney, The bill includes a change to the forcement Assistance Force Act to as- NJ, where 12 million people live in Stafford Act, requiring that 10 percent sist local law enforcement. proximity to the Kuehne Chemical of immediate disaster recovery con- The Law Enforcement Assistance plant. A chemical catastrophe at this tracts, such as debris removal, dis- Force Act would allow a retired law en- facility could endanger the life and tribution of supplies, and reconstruc- forcement officer, whose certifications health of people caught in the path of tion are awarded to firms located in or are current, to apply to the Secretary the prevailing winds. The State of New Jersey has taken near an area designated as a federal of Homeland Security to serve in the strong action to protect its citizens disaster area by the President. This force. These retired police officers from this threat. Last year, New Jersey will put more local people back to would be detailed to Federal, State, or required that chemical facilities adopt work and help a region’s economic re- local government law enforcement a practice known as inherently safer agencies to assist in the event of a covery after a disaster. technology. That means exactly what This legislation will increase access major disaster. They would work under it says—if products can be manufac- for small businesses seeking con- the direct supervision of existing law tured using safer chemicals, then fac- tracting opportunities but limited by enforcement agencies and would be tories must do so. their ability to get bonded. Expanding deputized and certified to perform the But last week, the Bush administra- access to bonding will increase small duties of a law enforcement agent. The tion sent a signal that it wants to over- business participation, but will also force would serve as temporary first re- ride the right of States to require in- protect the Federal Government from sponders to supplement local efforts in herently safer technology. Basically, significant cost overruns and lack of search and rescue efforts as well as in the administration wants to trust performance in a contract. protecting public safety. These retired chemical facilities to protect the Mr. President, 43 percent of busi- officers have the skills to save lives American people. nesses that close following a disaster and we should empower them to do so. This approach is wrong, and it is a never reopen, and an additional 29 per- At a time of emergency when we timid response to a dangerous threat. cent of businesses close down perma- should be tapping into all available re- Trusting large corporations to do the nently within two years of a natural sources, we cannot ignore the expertise right thing didn’t work with Enron— disaster. It’s been seven months, but of retired law enforcement officers who and it won’t protect the American peo- we still have a chance to make a dif- still have the ability and willingness to ple from a chemical catastrophe. ference and mitigate bankruptcies and help those in need. We should take ad- The Chemical Security and Safety foster the startup and growth of new vantage of the fact that retired officers Act offers real protection from a chem- small businesses to rebuild the Gulf re- possess a wealth of talent and experi- ical catastrophe. It will require every gion. I hope that my colleagues and the ence in dealing with emergency situa- chemical facility in the Nation to administration will give this bill con- tions. Their assistance can save lives adopt inherently safer technology. It sideration and not repeat the past and contribute greatly to our commu- will protect the rights of States to months of obstruction that have hurt nities. enact tough chemical security stand- local small businesses and home- ards to protect their citizens. It will owners. It is inexcusable that the bi- Mr. LAUTENBERG (for himself, improve physical security at chemical partisan bill we put forward with Sen- Mr. OBAMA, Mr. KERRY, Mr. plants, with a requirement for stronger ators SNOWE and VITTER in September MENENDEZ, Mr. DURBIN, and Mr. perimeter barriers. And it will estab- has been stalled. BIDEN): lish whistleblower protections for em- I thank my colleague Senator LAN- S. 2486. A bill to ensure that adequate ployees who expose security risks at DRIEU for her leadership and look for- actions are taken to detect, prevent, chemical facilities, and guarantee that ward to traveling with her soon to Lou- and minimize the consequences of workers have a role in securing the isiana to visit with businesses and fam- chemical releases that result from ter- safety of facilities. ilies that still need our help. rorist attacks and other criminal ac- This is a strong, comprehensive ap- tivity that may cause substantial harm proach. Some might say it goes too far. Mr. ENSIGN (for himself, Mr. to public health and safety and the en- But as someone whose State lost 700 VITTER, and Mr. ISAKSON): vironment; to the Committee on Home- people on 9/11, I don’t think we can S. 2483. A bill to establish a Law En- land Security and Governmental Af- ever go too far in protecting the Amer- forcement Assistance Force in the De- fairs. ican people from a terrorist attack on partment of Homeland Security to fa- Mr. LAUTENBERG. Mr. President, I a chemical facility. cilitate the contributions of retired law rise today to introduce the Chemical We have waited long enough. We need enforcement officers during major dis- Security and Safety Act, a bill to pro- to take action now to protect the asters; to the Committee on Homeland tect our communities and citizens from American people from a chemical ca- Security and Governmental Affairs. terrorism. This measure is cosponsored tastrophe. I hope all of my colleagues Mr. ENSIGN. Mr. President, the by Senators OBAMA, KERRY, MENENDEZ, will support the Chemical Security and hours immediately following a disaster DURBIN, and BIDEN. Safety Act. are critical to rescue and recovery ef- All of our States have a significant I ask unanimous consent that the forts. Local law enforcement is often number of industrial facilities that text of the Chemical Security and overburdened and staff is spread thin. manufacture or use chemicals. And we Safety Act be printed in the RECORD. There being no objection, the text of As we saw in New Orleans, a lack of po- are all concerned about the potential of the bill was ordered to be printed in lice presence can result in chaos and terrorist attacks on these facilities, the RECORD, as follows: disorder which can affect the ability of which could threaten millions of lives. S. 2486 first responders to conduct rescue oper- I have advocated stronger security measures for chemical facilities for Be it enacted by the Senate and House of Rep- ations. resentatives of the United States of America in In the immediate aftermath of Hurri- years. We needed better security at our Congress assembled, cane Katrina, volunteer first respond- chemical facilities even before 9/11— SECTION 1. SHORT TITLE. ers from throughout the country went and that need is even more urgent This Act may be cited as the ‘‘Chemical to New Orleans and Biloxi to assist today. Richard Falkenrath, a former Security and Safety Act of 2006’’.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2607 SEC. 2. FINDINGS. (D) through the use of buffer zones between (B) by the Secretary under section 5(d) of Congress finds that— the stationary source and surrounding popu- this Act. (1) the Federal Bureau of Investigation, the lations (including buffer zones between the (18) USE OF INHERENTLY SAFER TECH- Department of Justice, the Department of stationary source and residences, schools, NOLOGY.— Homeland Security, the Government Ac- hospitals, senior centers, shopping centers (A) IN GENERAL.—The term ‘‘use of inher- countability Office, the Environmental Pro- and malls, sports and entertainment arenas, ently safer technology’’ means use of a tech- tection Agency, the Congressional Research public roads and transportation routes, and nology, product, raw material, or practice Service, and the Agency for Toxic Sub- other population centers); that, as compared to the technology, prod- stances and Disease Registry believe that (E) through increased coordination with ucts, raw materials, or practices currently in the possibility of terrorist and criminal at- State and local emergency officials, law en- use— tacks on chemical plants poses a serious forcement agencies, and first responders, to (i) significantly reduces or eliminates the threat to public health and safety and the the maximum extent practicable; and possibility of the release of a substance of environment; (F) through outreach to the surrounding concern; and (2) there are significant opportunities to community, to the maximum extent prac- (ii) significantly reduces or eliminates the prevent harmful consequences of criminal ticable. hazards to public health and safety and the attacks on chemical plants by employing in- (8) EMPLOYEE.— environment associated with the release or herently safer technologies in the manufac- (A) IN GENERAL.—Except as provided in potential release of a substance described in ture and use of chemicals; subparagraph (B), the term ‘‘employee’’ clause (i). (3) inherently safer technologies may offer means any individual employed by the owner (B) INCLUSIONS.—The term ‘‘use of inher- industry substantial savings by reducing the ently safer technology’’ includes chemical need for site security, secondary contain- or operator of a stationary source that produces, processes, handles, or stores a sub- substitution, process redesign, product refor- ment, buffer zones, mitigation, evacuation mulation, and procedural and technological plans, regulatory compliance, and liability stance of concern. (B) TRAINING.—For purposes of section 8, modification so as to— insurance; and (i) use less hazardous or benign substances; (4) owners and operators of chemical plants the term ‘‘employee’’ includes any employee of a construction or maintenance contractor (ii) use a smaller quantity of a substance of have a general duty to design, operate, and concern; maintain safe facilities to prevent criminal working at a stationary source that produces, processes, handles, or stores a sub- (iii) moderate pressures or temperatures; activity that may result in harm to public (iv) reduce the likelihood and potential health or safety or the environment. stance of concern. (9) EMPLOYEE REPRESENTATIVE.—The term consequences of human error; SEC. 3. DEFINITIONS. (v) improve inventory control and chem- In this Act: ‘‘employee representative’’ means a duly recognized collective bargaining representative ical use efficiency; and (1) ADMINISTRATOR.—The term ‘‘Adminis- (vi) reduce or eliminate storage, transpor- trator’’ means the Administrator of the En- at a stationary source. (10) EMPLOYER.—The term ‘‘employer’’ in- tation, handling, disposal, and discharge of vironmental Protection Agency. substances of concern. (2) CLASSIFIED INFORMATION.—The term cludes— ‘‘classified information’’ has the meaning (A) an employee of any employer, agent, SEC. 4. PREVENTION OF CRIMINAL RELEASES. given the term in section 1 of the Classified contractor, or subcontractor subject to the (a) GENERAL DUTY.—Each owner and each Information Procedures Act (18 U.S.C. App.). provisions of this Act or engaged in the pro- operator of a stationary source that pro- (3) COMMITTEE.—The term ‘‘Committee’’ duction, storage, security or transportation duces, processes, handles, or stores any sub- means a committee established under sec- of a harmful chemical; and stance of concern has a general duty, in the tion 7(a). (B) an employee, agent, contractor, or sub- same manner and to the same extent as the (4) COMMITTEE-ELIGIBLE EMPLOYEE.—The contractor of the Department of Homeland duty imposed under section 112(r) of the term ‘‘committee-eligible employee’’ means Security or any other Federal, State, or Clean Air Act (42 U.S.C. 7412(r)), to— an employee who— local government agency with responsibility (1) identify hazards that may result from a (A) is not an independent contractor, sub- for enforcing any provision of this Act. criminal release using appropriate hazard as- contractor, or consultant; (11) FIRST RESPONDER.—The term ‘‘first re- sessment techniques; (B) is not employed by an off-site company sponder’’ includes Federal, State, and local (2) ensure the design, operation, and main- affiliated with the owner or operator of the emergency public safety, law enforcement, tenance of safe facilities by taking such ac- relevant stationary source; and emergency response, and emergency medical tions as are necessary to prevent criminal (C) does not have supervisory or manage- (including hospital emergency facilities) releases; and rial responsibilities at the relevant sta- agencies and authorities. (3) eliminate or significantly reduce the tionary source. (12) OUTREACH TO THE SURROUNDING COMMU- consequences of any criminal release that (5) COMMITTEE-ELIGIBLE STATIONARY NITY.—The term ‘‘outreach to the sur- does occur. SOURCE.—The term ‘‘committee-eligible sta- rounding community’’ includes education of (b) WORKER PARTICIPATION.—In carrying tionary source’’ means a stationary source residents near a stationary source regard- out its general duty to identify hazards that has 15 or more full-time equivalent em- ing— under subsection (a), the owner or operator ployees. (A) emergency procedures in the case of a of a stationary source shall involve the em- (6) CRIMINAL RELEASE.—The term ‘‘crimi- terrorist attack; ployees of the stationary source in each as- nal release’’ means— (B) evacuation procedures, routes, and pect of ensuring the design, operation, and (A) a release of a substance of concern travel times; and maintenance of safe facilities. from a stationary source into the environ- (C) what actions to take to minimize expo- ment that is caused, in whole or in part, by sure to and physical harm caused by sub- SEC. 5. DESIGNATION AND REGULATION OF HIGH a criminal act, including an act of terrorism; stances of concern. PRIORITY CATEGORIES BY THE SEC- RETARY. and (13) OWNER OR OPERATOR.—The term (B) a release into the environment of a sub- ‘‘owner or operator of a stationary source’’ (a) IN GENERAL.—Not later than 6 months stance of concern that has been removed means any person who owns, leases, controls, after the date of enactment of this Act, the from a stationary source, in whole or in part, or supervises a stationary source. Secretary, in consultation with the Adminis- by a criminal act, including an act of ter- (14) SECRETARY.—The term ‘‘Secretary’’ trator and State and local government agen- rorism. means the Secretary of Homeland Security. cies responsible for planning for and respond- (7) DESIGN, OPERATION, AND MAINTENANCE (15) STATIONARY SOURCE.—The term ‘‘sta- ing to criminal releases and providing emer- OF SAFE FACILITIES.—The term ‘‘design, oper- tionary source’’ has the meaning given the gency health care, shall promulgate regula- ation, and maintenance of safe facilities’’ term in section 112(r)(2) of the Clean Air Act tions to designate certain stationary sources means, with respect to the facilities at a sta- (42 U.S.C. 7412(r)(2)) and includes any chem- and substances of concern as high priority tionary source, the practices of preventing ical facility designated by the Secretary categories, based on the severity of the or reducing the possibility of releasing a sub- under section 5(d) of this Act. threat posed by a criminal release from the stance of concern— (16) SUBSTANCE OF CONCERN.—The term stationary sources. (A) through use of inherently safer tech- ‘‘substance of concern’’ means any substance (b) FACTORS TO BE CONSIDERED.— nology, to the maximum extent practicable; listed under section 112(r)(3) of the Clean Air (1) IN GENERAL.—In designating high pri- (B) through secondary containment, con- Act (42 U.S.C. 7412(r)(3)) in a threshold quan- ority categories under subsection (a), the trol, or mitigation equipment, to the max- tity or any other substance designated by Secretary, in consultation with the Adminis- imum extent practicable; the Secretary under section 5(d) of this Act trator, shall consider— (C) by— in a threshold quantity. (A) the severity of the harm that could be (i) making the facilities impregnable to in- (17) THRESHOLD QUANTITY.—The term caused by a criminal release; truders, to the maximum extent practicable; ‘‘threshold quantity’’ means, with respect to (B) the proximity to population centers; and a substance, the quantity established for the (C) the threats to national security; (ii) improving site security and employee substance— (D) the threats to critical infrastructure; training, to the maximum extent prac- (A) under section 112(r)(5) of the Clean Air (E) threshold quantities of substances of ticable; Act (42 U.S.C. 7412(r)(5)); or concern that pose a serious threat; and

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2608 CONGRESSIONAL RECORD — SENATE March 30, 2006 (F) such other safety or security factors as subsections (a) and (c)(1), and not less often mulgate regulations establishing the number the Secretary, in consultation with the Ad- than every 5 years thereafter, the Secretary, of members of a Committee that are re- ministrator, determines to be appropriate. in consultation with the Administrator, quired. (2) INDIVIDUAL CONSIDERATION.—In desig- shall review the regulations and make any (ii) CONTENTS.—The regulations promul- nating high priority categories under sub- necessary revisions. gated under clause (i) shall— section (a), the Secretary shall consider each SEC. 6. REVIEW AND CERTIFICATION OF RE- (I) establish a number of members of a stationary source individually and shall not PORTS. Committee that is directly proportional to summarily exclude any type of stationary (a) IN GENERAL.—The Secretary, in con- the number of employees at a committee-eli- source that would otherwise be considered a sultation with the Administrator, shall re- gible stationary source; and high priority under paragraph (1). view each report submitted under section (II) permit the number of members of a (3) INITIAL DESIGNATION.—In designating 5(c)(2) to determine whether the stationary Committee to be increased above that estab- high priority categories for the first time source covered by the report is in compliance lished by regulation by mutual agreement under subsection (a), the Secretary shall en- with regulations promulgated under section between committee-eligible employees and sure that not fewer than 3,000 stationary 5(c)(1). managerial employees. sources are within a high priority category. (b) CERTIFICATION OF COMPLIANCE.— (B) RATIO.—The number of committee-eli- (c) REQUIREMENTS FOR HIGH PRIORITY CAT- (1) IN GENERAL.—The Secretary shall cer- gible employees serving as members of a EGORIES.— tify each determination under subsection (a) Committee shall be equal to or greater than (1) IN GENERAL.—Not later than 1 year after in writing. the number of managerial employees serving the date of enactment of this Act, the Sec- (2) INCLUSIONS.—A certification under para- as members. retary, in consultation with the Adminis- graph (1) indicating the stationary source is (C) ALTERNATES.—An alternate member of trator, the United States Chemical Safety in compliance with the regulations under a Committee may be designated if a member and Hazard Investigation Board, and the section 5(c)(1) shall include a checklist indi- of a Committee is temporarily unavailable. State and local government agencies de- cating the consideration by such stationary (D) PLACE OF EMPLOYMENT.—All members scribed in subsection (a), shall promulgate source of the use of each element of design, of a Committee shall be employed at the regulations to require each owner or oper- operation, and maintenance of safe facilities. committee-eligible stationary source for ator of a stationary source that is within a (c) DEADLINE FOR COMPLETION.— which the Committee was established. (1) HIGHEST PRIORITY STATIONARY high priority category designated under sub- (3) SELECTION OF COMMITTEE-ELIGIBLE EM- SOURCES.—Not later than 6 months after the section (a), in consultation with local law PLOYEE MEMBERS.— date on which reports are required to be sub- enforcement, first responders, employees, (A) IN GENERAL.—At a committee-eligible and employee representatives, to take ade- mitted under section 5(c)(2), the Secretary stationary source that has an employee rep- quate actions (including the design, oper- shall complete the review and certification resentative, the employee representative ation, and maintenance of safe facilities) to of the 600 highest priority stationary sources shall select the committee-eligible employee detect, prevent, and eliminate or signifi- designated under section 5(a). members of the Committee. (2) OTHER HIGH PRIORITY STATIONARY cantly reduce the consequences of terrorist (B) NO EMPLOYEE REPRESENTATIVES.— SOURCES.—Not later than 2 years after the attacks and other criminal releases that (i) IN GENERAL.—At a committee-eligible may cause harm to public health or safety. date on which reports are required to be sub- stationary source that does not have an em- (2) SOURCE REPORTS.—Not later than 6 mitted under section 5(c)(2), the Secretary ployee representative, the owner or operator months after the date on which regulations shall complete the review and certification of the committee-eligible stationary source are promulgated under paragraph (1), each of all reports submitted under that section. shall actively solicit volunteers from among (d) COMPLIANCE ASSISTANCE.— owner or operator of a stationary source that committee-eligible employees who may po- (1) DEFINITION.—In this subsection, the is within a high priority category designated tentially be exposed to a substance of con- term ‘‘determination’’ means a determina- under subsection (a) shall submit a report to cern. tion by the Secretary that, with respect to a the Secretary that includes— (ii) INSUFFICIENT VOLUNTEERS.—If there is report submitted under section 5(c)(2)— (A) an assessment of the vulnerability of not a sufficient number of volunteers under (A) the report does not comply with regu- the stationary source to a terrorist attack or clause (i), the owner or operator of the com- lations promulgated under section 5(c)(1); other criminal release; mittee-eligible stationary source shall select (B) a threat exists that is beyond the scope (B) an assessment of the hazards that may additional committee-eligible employees to of the plan submitted with the report; or result from a criminal release of a substance serve as members of the Committee. (C) the implementation of the plan sub- of concern using appropriate hazard assess- (4) CO-CHAIRPERSONS.—A member of a Com- mitted with the report is insufficient. ment techniques; mittee who is a committee-eligible employee (2) DETERMINATION BY SECRETARY.—If the (C) a prevention, preparedness, and re- and a member of a Committee who is a man- Secretary, after consultation with the Ad- sponse plan that incorporates the results of agerial employee shall serve as co-chair- ministrator, makes a determination, the the vulnerability and hazard assessments persons of the Committee. under subparagraphs (A) and (B), respec- Secretary shall— (c) LISTS OF MEMBERS.—The owner or oper- tively; (A) notify the stationary source of the determination; and ator of a committee-eligible stationary (D) a statement as to how the prevention, source shall prominently post at the sta- preparedness, and response plan meets the (B) in coordination with the Administrator and the United States Chemical Safety and tionary source a current list of all members requirements of the regulations established of the Committee of the stationary source under paragraph (1); Hazard Investigation Board, provide advice and technical assistance to bring the sta- that includes the name and work location of (E) a statement as to how the prevention, each member and whether each member is a preparedness, and response plan meets the tionary source into compliance. (e) RECERTIFICATION.—Not later than 3 committee-eligible employee or a manage- general duty requirements under section rial employee. 4(a); years after the date of submission of a report (d) MEETINGS; QUORUMS; ACTION.— (F) a discussion of the consideration of the under section 5(c)(2), and not less often than (1) MEETINGS.—A Committee shall meet elements of design, operation, and mainte- every 2 years thereafter, the owner or oper- not less frequently than once per month at a nance of safe facilities, including the prac- ator of the stationary source covered by the time, date, and location agreed to by the ticability of implementing each element; report, shall— Committee. (G) a statement describing how and when (1) review the adequacy of the report; (2) QUORUM.—A majority of members of a employees and employee representatives (if (2) certify to the Secretary that the sta- Committee shall constitute a quorum for the any) were consulted in considering the de- tionary source has completed the review; and transaction of Committee business. sign, operation, and maintenance of safe fa- (3) as appropriate, submit to the Secretary (3) ACTION.—Any action by a Committee cilities and in preparing the report under any changes to the assessments or plan in shall require an affirmative vote of a major- this paragraph. the report. ity of the members present. (d) ADDITION OF SUBSTANCES OF CONCERN OR SEC. 7. SAFETY AND SECURITY COMMITTEES. STATIONARY SOURCES.—For the purpose of (a) IN GENERAL.—Not later than 6 months (e) AUTHORITY.—A Committee shall— designating high priority categories under after the date of promulgation of regulations (1) identify, discuss, and make rec- subsection (a) or any subsequent revision of under section 5(a), the owner or operator of ommendations to the owner or operator of the regulations promulgated under sub- a committee-eligible stationary source shall the committee-eligible stationary source section (c)(1), the Secretary, in consultation establish a safety and security committee concerning potential hazards and risks rel- with the Administrator, may designate— for that stationary source. evant to security, safety, and health and po- (1) any additional substance that, in a (b) COMMITTEE COMPOSITION.— tential responses to those hazards and risks; specified threshold quantity, poses a serious (1) IN GENERAL.—A Committee shall be (2) survey the facility of the committee-el- threat as a substance of concern; or composed of committee-eligible employees igible stationary source for potential secu- (2) any chemical facility as a stationary and managerial employees. rity, safety, and health vulnerabilities; source. (2) MEMBERSHIP.— (3) establish a schedule to conduct, not less (e) REVIEW AND REVISION OF REGULA- (A) NUMBER OF MEMBERS.— frequently than once per month, a survey de- TIONS.—Not later than 5 years after the dates (i) IN GENERAL.—The Secretary, in con- scribed in paragraph (2) of all or part of the of promulgation of regulations under each of sultation with the Administrator, shall pro- committee-eligible stationary source;

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2609 (4) as soon as is practicable, assist in the trator (or a designee of the Secretary or the ployees of the stationary source or any addi- investigation of an accident, criminal re- Administrator) may take any action that tional employee to accompany the official, lease, fire, explosion, or an incident in which the Administrator is authorized to take including permitting a different employee, there was a significant risk of an accident, under paragraphs (7) and (9) of section 112(r) employee representative, or representative criminal release, fire, or explosion; and and section 114 of the Clean Air Act (42 of the owner or operator of the stationary (5) participate in the development, review, U.S.C. 7412(r) and 7414). source to accompany the official during dif- or revision of any vulnerability assessment, (b) PROGRAM.— ferent phases of the inspection or investiga- hazard assessment, or prevention, prepared- (1) IN GENERAL.—The Secretary and the Ad- tion. ness, and response plan. ministrator shall establish a program to con- (ii) EXCEPTION.—Clause (i) shall not apply (f) RECOMMENDATIONS.— duct regular inspections of stationary to portions of an inspection or investigation (1) IN WRITING.—Any recommendations sources, and shall prioritize inspection of in which an official described in subpara- made by a Committee shall be made in writ- stationary sources that are within a high graph (A) is exclusively examining written ing. priority category designated under section records. (2) REVIEW.—At each meeting, a Com- 5(a). (C) MEETINGS.—If the official described in mittee shall review the status of any rec- (2) TYPES OF INSPECTION.—The program es- subparagraph (A) conducts a meeting with ommendation made by the Committee that tablished under paragraph (1) shall— the management of a stationary source to the Committee has not determined to be re- (A) include inspections without notice and explain the purpose, scope, procedures, solved. inspections with notice; and progress, or outcome of an inspection or in- (3) NONUNANIMOUS RECOMMENDATIONS.—If a (B) require that not fewer than 25 percent vestigation under this Act, the official shall recommendation of a Committee is not of inspections under the program shall be instruct the owner or operator of the sta- unanimous, the owner or operator of the without notice. tionary source to invite to the meeting any (c) RECEIPT OF NOTICE.— committee-eligible stationary source shall employee and employee representative that (1) IN GENERAL.—When providing notice to document the differing views of the members participated in the inspection or investiga- the owner or operator of a stationary source of the Committee and maintain records re- tion. If the official determines it is nec- of an inspection or investigation under this garding any such recommendation. essary, the official shall arrange and conduct Act, the Secretary or the Administrator (or (g) EXISTING COMMITTEES.— a separate meeting with any employee and a designee of the Secretary or the Adminis- (1) IN GENERAL.—A safety and health, envi- employee representative that participated in trator) shall instruct the owner or operator ronmental, or similar committee established the inspection or investigation. of the stationary source to, immediately at a committee-eligible stationary source be- (2) EXCLUSION OF INDIVIDUALS.—An official upon receipt of the notification— fore the date specified in subsection (a) that conducting an inspection or investigation of (A) post a notice, or a copy of any notice meets the requirements of this section may a stationary source under this Act may pro- provided by the Secretary or the Adminis- hibit any individual whose conduct inter- be designated as the Committee for the com- trator (or a designee of the Secretary or the mittee-eligible stationary source under a feres with a fair and orderly inspection or in- Administrator), indicating that there will be vestigation from accompanying the official written agreement between the owner or op- an inspection or investigation, which shall erator of the committee-eligible stationary on the inspection or investigation. be conspicuously displayed in the area of the (3) INTERVIEWS.—An official conducting an source and the employee representative of stationary source subject to the inspection the committee-eligible stationary source. inspection or investigation of a stationary or investigation; and source under this Act may— (2) NO EMPLOYEE REPRESENTATIVE.—If there (B) provide a copy of the notice posted (A) interview any person at the stationary is no employee representative at a com- under subparagraph (A) to an employee rep- mittee-eligible stationary source, the owner source that the official determines is nec- resentative at the stationary source, if any. essary to effectuate the purposes of this Act; or operator of a stationary source may des- (2) EXPLANATIONS.— and ignate a safety and health, environmental or (A) IN GENERAL.—If the Secretary or the (B) conduct any interview under subpara- similar committee described in paragraph (1) Administrator (or a designee of the Sec- graph (A) outside the presence of the owner as the Committee for the committee-eligible retary or the Administrator) provides a writ- or operator, manager, or other personnel of stationary source. ten explanation of the purpose, scope, proce- the stationary source, if determined to be SEC. 8. EMPLOYEE TRAINING. dures, progress, or outcome of an inspection appropriate by the official. (a) IN GENERAL.—The owner or operator of or investigation under this Act to the owner (4) CLASSIFIED INFORMATION.—In the case of a stationary source shall annually provide or operator of a stationary source, any em- a stationary source that contains classified each employee with 4 hours of training— ployee of that stationary source shall be en- information, only persons who are author- (1) regarding the requirements of this Act, titled to view a copy of the written expla- ized to have access to such information may as applicable to the stationary source; nation. accompany an official conducting an inspec- (2) identifying and discussing substances of (B) INSTRUCTIONS.—The Secretary or the tion or investigation of a stationary source concern that pose a risk to the community Administrator (or a designee of the Sec- under this Act in areas of the stationary and first responders; retary or the Administrator) shall instruct source in which such information is located. (3) discussing the prevention, preparedness, the owner or operator of a stationary source (e) RECORDKEEPING.—The owner or oper- and response plan for the stationary source, receiving a written explanation described in ator of a stationary source that is required including off-site consequence impacts; subparagraph (A) to, not later than 24 hours to submit a report under section 5(c)(2) shall (4) identifying opportunities to reduce or after receiving the written explanation— maintain on the premises of the stationary eliminate the vulnerability of a stationary (i) conspicuously display the written expla- source a current copy of the report for the source to a criminal release of a substance of nation in the area subject to the inspection stationary source and any such report pre- concern through the use of the elements of or investigation; and viously submitted. design, operation, and maintenance of safe (ii) provide a copy of the written expla- SEC. 10. ENFORCEMENT. facilities; and nation to an employee representative at the (a) COMPLIANCE ORDERS.— (5) discussing appropriate emergency re- stationary source, if any. (1) ISSUANCE.— sponse procedures. (d) PROCEDURES.— (A) IN GENERAL.—If, after the date that is (b) NONDUPLICATION.—Training provided (1) PARTICIPATION BY EMPLOYEES.— 30 days after the date described in subpara- under this section shall be in addition to any (A) IN GENERAL.—An official conducting an graph (B), a stationary source is not in com- training required to be provided by the inspection or investigation of a stationary pliance with this Act, the Secretary, in con- owner or operator of a stationary source source under this Act shall instruct the sultation with the Administrator, may issue under any other Federal or State law. owner or operator of the stationary source to an order directing compliance by the owner (c) DOCUMENTATION.—The owner or oper- afford the opportunity to participate in the or operator of the stationary source. ator of a stationary source that is within a inspection or investigation, and to accom- (B) DATE.—The date described in this sub- high priority category designated under sec- pany the official during the inspection or in- paragraph is— tion 5(a) shall— vestigation to— (i) the date on which the Secretary pro- (1) submit an annual written certification (i) an employee who works in, or is famil- vides notice to a stationary source that the to the Secretary stating that the owner or iar with, the portion of the facility being in- stationary source is not in compliance with operator has met the requirements for em- spected or investigated; and this Act; or ployee training under this section; and (ii) an employee representative of the em- (ii) if the failure to comply with this Act (2) maintain a list of all employees who ployees of the stationary source, if applica- relates to a report submitted under section have received training under this section. ble. 5(c)(2), the later of the date on which the SEC. 9. INSPECTIONS, MONITORING, ENTRY, AND (B) ADDITIONAL EMPLOYEES.— Secretary first provides assistance, or a sta- RECORDKEEPING. (i) IN GENERAL.—Except as provided in tionary source receives notice, under section (a) IN GENERAL.—For purposes of deter- clause (ii), an official described in subpara- 6(d)(2). mining whether any owner or operator of a graph (A) may, if the official determines (2) NOTICE AND OPPORTUNITY FOR HEARING.— stationary source is in compliance with this that doing so will aid in the inspection or in- An order under paragraph (1) may be issued Act or is properly carrying out any provision vestigation by the official, permit any addi- only after notice and opportunity for a hear- of this Act, the Secretary and the Adminis- tional employee representative of the em- ing.

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(b) PENALTIES.— tionary source derived from those docu- (2) developing prevention preparedness and (1) CIVIL PENALTIES.—Any owner or oper- ments, shall be exempt from disclosure response plans; ator of a stationary source that is within a under section 552 of title 5, United States (3) coordinating with local law enforce- high priority category designated under sec- Code. ment, first responders, and duly recognized tion 5(a) that violates, or fails to comply (b) STATE AND LOCAL GOVERNMENT AGEN- collective bargaining representatives at sta- with, any order under subsection (a) may, in CIES.—Notwithstanding any other provision tionary sources, or, in the absence of such a an action brought in a United States district of Federal, State, or local law, no State or representative, other appropriate personnel; court, be subject to a civil penalty of not local government agency shall be required to (4) implementing inherently safer tech- more than $50,000 for each day in which the disclose any documents provided by a sta- nologies, including descriptions of— violation occurs or the failure to comply tionary source under this Act, or any infor- (A) combinations of covered sources and continues. mation that describes a specific vulner- substances of concern for which the inher- (2) CRIMINAL PENALTIES.—Any owner or op- ability at a specific stationary source de- ently safer technologies could be appro- erator of a stationary source that is within a rived from those documents, except with re- priate; high priority category designated under sec- spect to certifications under section 6(b), or- (B) the scope of current use and avail- tion 5(a) that knowingly violates, or fails to ders issued under section 10(a), and best ability of the technologies; comply with, any order under subsection (a) practices established under section 13(4). (C) the costs and cost savings resulting shall— (c) DEVELOPMENT OF PROTOCOLS.— from inherently safer technologies; (A) in the case of a first violation or failure (1) IN GENERAL.—The Secretary, in con- (D) technological transfer and business to comply, be fined not less than $5,000 nor sultation with the Administrator, shall de- practices that enable or encourage inher- more than $50,000 per day of violation or fail- velop such protocols as are necessary to pro- ently safer technologies; and ure to comply, imprisoned for not more than tect the documents described in subsection (E) such other information as the Sec- 2 years, or both; and (a), including the reports submitted under retary determines to be appropriate. (B) in the case of a subsequent violation or section 5(c)(2) and the information contained SEC. 14. PROTECTION OF WHISTLEBLOWERS. failure to comply, be fined not less than in those reports, from unauthorized disclo- (a) DISCRIMINATION AGAINST EMPLOYEE.— $10,000 nor more than $50,000 per day of viola- sure. No employer may discharge any employee or tion or failure to comply, imprisoned for not (2) DEADLINE.—As soon as is practicable, otherwise discriminate against any em- more than 4 years, or both. but not later than 1 year after the date of en- ployee with respect to compensation, terms, (3) ADMINISTRATIVE PENALTIES.— actment of this Act, the Secretary shall conditions, or privileges of employment be- (A) PENALTY ORDERS.—The Secretary, in complete the development of protocols under cause the employee (or any person acting consultation with the Administrator, may paragraph (1) and shall ensure that the pro- pursuant to a request of the employee)— impose an administrative penalty order of tocols are in effect before the date on which (1) notified the employer, the Department not more than $50,000 per day, and not more the Administrator receives any report under of Homeland Security, or any other appro- than a maximum of $2,000,000 per year, for this Act. priate agency of Federal, State, or local gov- failure to comply with an order or directive (d) OTHER OBLIGATIONS UNAFFECTED.— ernment of an alleged violation of this Act issued by the Secretary under subsection (a). Nothing in this section affects— or of a threat to the health or safety of the public relating to chemical security or the (B) NOTICE AND HEARING.—Before issuing an (1) the handling, treatment, or disclosure improper release of any harmful chemical; order described in subparagraph (A), the Sec- of information obtained from a stationary (2) refused to engage in any practice made retary shall provide to the person against source under any other law; unlawful by this Act, if the employee has which the penalty is to be assessed— (2) any obligation of the owner or operator identified the alleged illegality to the em- (i) written notice of the proposed order; of a stationary source to submit or make ployer; and available information to a Federal, State, or (3) testified before Congress or at any Fed- (ii) the opportunity to request, not later local government agency under, or otherwise eral or State proceeding regarding any provi- than 30 days after the date on which the no- to comply with, any other law; or sion of this Act or of a threat to the health tice is received by the person, a hearing on (3) the public disclosure of information de- or safety of the public relating to chemical the proposed order. rived from documents or information de- security or the improper release of any scribed in subsection (a), so long as the infor- (c) ABATEMENT ACTIONS.— harmful chemical; mation disclosed— (1) IN GENERAL.—If the Secretary, in con- (4) commenced, caused to be commenced, (A) would not divulge methods or processes sultation with local law enforcement offi- or intends to commence or cause to be com- entitled to protection as trade secrets in ac- cials, determines that the threat of a ter- menced a proceeding under this Act, or a cordance with the purposes of section 1905 of rorist attack exists that warrants additional proceeding for the administration or enforce- title 18, United States Code; measures to prevent or reduce the possibility ment of any requirement imposed under this (B) does not identify any particular sta- of releasing a substance of concern at 1 or Act; tionary source; and more stationary sources, the Secretary shall (5) testified or intends to testify in any (C) is not reasonably likely to increase the notify each such stationary source of the ele- proceeding described in paragraph (4); or probability or consequences of a criminal re- vated threat. (6) assisted or participated or intends to lease. (2) INSUFFICIENT RESPONSE.—If the Sec- assist or participate in any manner in a pro- retary determines that a stationary source SEC. 12. EMERGENCY PREPAREDNESS. ceeding described in paragraph (4) or in any has not taken appropriate action in response (a) IN GENERAL.—Not later than 1 year other action to carry out the purposes of this to a notification under paragraph (1), the after the date of enactment of this Act, the Act. Secretary shall notify the stationary source, Secretary and the Administrator, in con- (b) COMPLAINT, FILING, AND NOTIFICATION.— the Administrator, and the Attorney General sultation with other Federal agencies and (1) IN GENERAL.—Except as provided in sub- that actions taken by the stationary source State and local government officials (includ- section (g), any employee who believes that in response to the notification are insuffi- ing local law enforcement and first respond- such employee has been discharged or other- cient. ers), shall promulgate regulations requiring wise discriminated against by any person in (3) RELIEF.— stationary sources within high priority cat- violation of subsection (a) may, not later (A) IN GENERAL.—If the Secretary makes a egories to participate in emergency pre- than 180 days after the date on which the notification under paragraph (2), the Sec- paredness exercises, including ‘‘table top’’ violation occurred, file (or have any person retary or the Attorney General may secure exercises, training, drills (including evacu- file on behalf of such employee) a complaint such relief as is necessary to abate a threat ation drills), and other activities determined with the Secretary of Labor alleging such described in paragraph (1), including an order to be appropriate by the Secretary and Ad- discharge or discrimination. Upon receipt of directing the stationary source to cease op- ministrator. such a complaint, the Secretary of Labor eration and such other orders as are nec- (b) CONSIDERATIONS.—The Secretary and shall notify the Secretary and the person essary to protect public health or welfare. Administrator shall structure the emergency named in the complaint of the filing of the (B) JURISDICTION.—The United States dis- preparedness exercises under subsection (a), complaint. trict court for the district in which a threat including the contents and frequency of the (2) INVESTIGATION.— described in paragraph (1) occurs shall have exercises, based on the threat posed to the (A) IN GENERAL.—Upon receipt of a com- jurisdiction to grant such relief as the Sec- public by a criminal release at a stationary plaint under paragraph (1), the Secretary of retary or Attorney General requests under source. Labor shall conduct an investigation of the subparagraph (A). SEC. 13. ASSISTANCE TO STATIONARY SOURCES. violation alleged in the complaint. SEC. 11. PROTECTION OF INFORMATION. The Secretary, in consultation with the (B) COMPLETION.—Not later than 30 days (a) DISCLOSURE EXEMPTION.—Except with Administrator, shall establish an informa- after the date on which the Secretary of respect to certifications under section 6(b), tion clearinghouse to assist stationary Labor receives a complaint under paragraph orders issued under section 10(a), and best sources in complying with this Act that in- (1), the Secretary of Labor shall— practices established under section 13(4), all cludes scalable best practices for— (i) complete the investigation under sub- documents provided to the Secretary under (1) using methodologies for the assessment paragraph (A); and this Act, and all information that describes of vulnerabilities, threats, and inherently (ii) notify the complainant (and any person a specific vulnerability at a specific sta- safer technology; acting on behalf of the complainant) and the

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2611 person alleged to have committed the viola- required by paragraph (1), the Secretary of wise affects any right otherwise available to tion, in writing, of the results of the inves- Labor shall dismiss a complaint filed under an employee under Federal, State, or local tigation. subsection (b)(1), and shall not conduct the law or any collective bargaining agreement (C) ORDER.— investigation required under subsection to redress the discharge of such employee or (i) IN GENERAL.—Except as provided in (b)(2), if the employer demonstrates, by clear other discriminatory action taken by the clause (ii), not later than 90 days after the and convincing evidence, that the employer employer against such employee. date on which the Secretary of Labor re- would have taken the same unfavorable per- (i) WHISTLEBLOWER INFORMATION.— ceives a complaint under paragraph (1), the sonnel action in the absence of the conduct (1) DHS.—The Secretary, in consultation Secretary of Labor shall issue an order that described in paragraph (1) of this subsection. with the Secretary of Labor, shall establish provides the relief prescribed by paragraph (d) DISTRICT COURT REVIEW.—If, by the and publicize information regarding mecha- (3) or denies the complaint. date that is 1 year after the date on which a nisms (including a hotline and a website) (ii) EXCEPTION.—Clause (i) shall not apply complaint was filed under subsection (b)(1), through which any person (including an em- to a proceeding on a complaint described in the Secretary of Labor has not issued a final ployee, individual residing near a stationary clause (i) that is terminated by the Sec- decision regarding the complaint and there source, first responder, and local official) retary of Labor on the basis of a settlement is no showing that the delay is due to the may report an alleged violation of this Act, entered into by the Secretary of Labor and bad faith of the complainant, the complain- a threat to the health or safety of the public the person alleged to have committed the ant may bring an action at law or equity for relating to chemical security or the im- violation of this section. The Secretary of de novo review in an appropriate United proper release of any harmful chemical, or Labor may not enter into a settlement ter- States district court, which shall have juris- other such information. minating a proceeding on a complaint with- diction over such an action without regard (2) POSTING REQUIREMENT.—The provisions out the participation and consent of the to the amount in controversy. of this section shall be prominently posted in complainant. (e) REVIEW BY COURT OF APPEALS.— any place of employment to which this Act (iii) PROCEDURE.—An order of the Sec- (1) IN GENERAL.—Any person adversely af- applies. retary of Labor under this subparagraph fected or aggrieved by an order issued under (j) INVESTIGATION OF ALLEGATIONS.— shall be made on the record after notice and subsection (b) or (c) may obtain review of the (1) IN GENERAL.—The Secretary shall not opportunity for public hearing. Upon the order in the United States court of appeals delay taking appropriate action with respect conclusion of the hearing and the issuance of for the circuit in which the violation alleged to an allegation of a substantial safety haz- a recommended decision that the complaint in the complaint occurred. ard on the basis of— has merit, the Secretary of Labor shall issue (2) TIMING.—A petition for review under (A) the filing of a complaint under sub- a preliminary order providing the relief pre- paragraph (1) shall be filed not later than 60 section (b)(1) arising from the allegation; or scribed in paragraph (3), but may not order days after the date on which the order de- (B) any investigation by the Secretary of compensatory damages, pending a final scribed in paragraph (1) is issued. Labor, or other action, under this subsection order. (3) PROCEDURES.—The procedures under in response to a complaint under subsection (3) RELIEF.— chapter 7 of title 5, United States Code shall (b)(1). (A) IN GENERAL.—If the Secretary of Labor apply to any review under this subsection. (2) EFFECT OF DETERMINATION.—A deter- determines that a violation of subsection (a) (4) STAYS.—Unless ordered by the court, mination by the Secretary of Labor under alleged in a complaint under paragraph (1) of the commencement of proceedings under this this section that a violation of subsection (a) this subsection has occurred, the Secretary subsection shall not operate as a stay of the has not occurred shall not be considered by of Labor shall order the person who com- order of the Secretary of Labor. the Secretary in determining whether a submitted the violation to— (5) EXCLUSIVITY.—An order of the Sec- stantial safety hazard exists. (i) take affirmative action to abate the retary of Labor with respect to which review SEC. 15. REGULATIONS. violation; and could have been obtained under paragraph (1) (a) COORDINATION WITH EXISTING LAW.—In (ii) reinstate the complainant to the shall not be the subject of judicial review in promulgating regulations and establishing former position of such complainant, to- any criminal or other civil proceeding. enforcement procedures under this Act, the gether with the compensation (including (f) ENFORCEMENT.— Secretary, in consultation with the Adminis- back pay), terms, conditions, and privileges (1) BY THE SECRETARY OF LABOR.— trator, shall, to the extent practicable and to of the employment of such complainant. (A) IN GENERAL.—If a person has failed to (B) COMPENSATORY DAMAGES.—If the Sec- comply with an order issued under sub- the extent such requirements meet or exceed retary of Labor determines that a violation section (b)(2)(C), the Secretary of Labor may the requirements of this Act, minimize du- of subsection (a) alleged in a complaint file a civil action in the United States dis- plication of the requirements for risk assess- under paragraph (1) of this subsection has oc- trict court for the district in which the vio- ments and response plans under chapter 701 curred, the Secretary of Labor may order the lation occurred to enforce the order. of title 46, United States Code (commonly known as ‘‘the Maritime Transportation Se- person who committed the violation to pro- (B) SCOPE OF RELIEF.—In an action brought vide compensatory damages to the complain- under this paragraph, the United States dis- curity Act’’), the Clean Air Act (42 U.S.C. ant. trict court may grant all appropriate relief, 7401 et seq.), and other Federal law. (C) COSTS AND EXPENSES.—If an order is including injunctive relief, compensatory (b) PROMULGATION OF ADDITIONAL REGULA- issued under this paragraph, the Secretary of and exemplary damages. TIONS.—In addition to any regulations required under this Act, the Secretary and the Labor, at the request of the complainant, (2) OTHER ENFORCEMENT.— Administrator may promulgate such regula- shall assess against the person against whom (A) IN GENERAL.—Not earlier than the date the order is issued a sum equal to the aggre- that is 90 days after an order was issued tions as are necessary to carry out this Act. gate amount of all costs and expenses (in- under subsection (b)(2)(C), any person on SEC. 16. NO EFFECT ON REQUIREMENTS UNDER cluding attorneys’ and expert witness fees) whose behalf the order was issued may com- OTHER LAW OR AGREEMENTS. reasonably incurred by the complainant for, mence a civil action against the person to Nothing in this Act affects any duty or or in connection with, the bringing of the whom the order was issued in any appro- other requirement imposed under any other complaint upon which the order was issued, priate United States district court to require Federal, State, or local law or any collective as determined by the Secretary of Labor. compliance with the order. bargaining agreement. (D) REQUIRED FINDING.—The Secretary of (B) JURISDICTION.—The United States dis- SEC. 17. AUTHORIZATION OF APPROPRIATIONS. Labor may determine that a violation of sub- trict court shall have jurisdiction, without There are authorized to be appropriated to section (a) has occurred only if the com- regard to the amount in controversy or the the Secretary and the Administrator such plainant has demonstrated that any conduct citizenship of the parties, to enforce an order sums as are necessary to carry out this Act, described in paragraphs (1) through (6) of described in subparagraph (A). to remain available until expended. subsection (a) was a contributing factor in (C) SCOPE OF RELIEF.—In an action brought Mr. OBAMA. Mr. President, I want to the unfavorable personnel action alleged in under this paragraph, the United States dis- thank Senator LAUTENBERG, who has the complaint. trict court may award costs of litigation (in- been a leader on chemical plant secu- (c) DISMISSAL.— cluding reasonable attorney and expert wit- (1) IN GENERAL.—The Secretary of Labor rity for more than 20 years. He first in- ness fees). troduced chemical safety legislation in shall dismiss a complaint filed under sub- (3) MANDAMUS.—Any nondiscretionary duty section (b)(1), and shall not conduct the in- imposed under this section shall be enforce- 1985 and is an expert on the issue. I am vestigation required under subsection (b)(2), able in a mandamus proceeding under sec- proud to join him in introducing this if the complainant has failed to make a tion 1361 of title 28, United States Code. bill. prima facie showing that any conduct de- (g) DELIBERATE VIOLATIONS.—Subsection The dangers that chemical plants scribed in paragraphs (1) through (6) of sub- (b)(1) shall not apply with respect to any em- present to our homeland security have section (a) was a contributing factor in the ployee who, acting without direction from been well documented. Industrial unfavorable personnel action alleged in the the employer of such employee, deliberately chemicals, such as chlorine, ammonia, complaint. causes a violation of any requirement of this (2) OTHER BASIS FOR ACTION.—Notwith- Act. phosgene, methyl bromide, hydro- standing a finding by the Secretary of Labor (h) NONPREEMPTION.—Nothing in this sec- chloric and various other acids are rou- that the complainant has made the showing tion expands, preempts, diminishes, or other- tinely stored near cities in multi-ton

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But there are other COMMENDING THE EFFORTS OF terrorists looking to cause widespread ways to reduce risk that need to be THAT VITAL PROGRAM AS IT death and destruction. part of the equation. Specifically, by CARRIES OUT ITS MISSION OF Despite this, security at our chem- employing safer technologies, we can INSTILLING THE VALUES OF ical plants is voluntary—left to the in- reduce the attractiveness of chemical CITIZENSHIP AND SERVICE IN dividual plant owners. While many plants as a target. THE HEARTS AND MINDS OF THE chemical plant owners have taken This concept, known as Inherently YOUTH OF THE UNITED STATES. steps to beef up security, too many Safer Technology, involves methods Mr. ENSIGN submitted the following have not. In Illinois, there have been resolution; which was referred to the recent reports by ABC–7 in Chicago of such as changing the flow of chemical Committee on Armed Services: chemical plants with dilapidated processes to avoid dangerous chemical fences, insufficient guard forces, and byproducts, reducing the pressures or S. RES. 415 unprotected tanks of hazardous chemi- temperatures of chemical reactions to Whereas, since its inception in 1913, the cals. These plants are basically sta- minimize the risk of explosions, reduc- Junior Reserve Officers’ Training Corps has ing inventories of dangerous chemicals successfully functioned for over 90 years; tionary weapons of mass destruction. Whereas the Junior Reserve Officers’ Their security is light, their facilities and replacing dangerous chemicals Training Corps has provided citizenship are easily entered, and their contents with benign ones. Each one of these training, discipline, stability, and patriotic are deadly. methods reduces the danger that chem- values to the youth of the United States Nearly five years after September 11, ical plants pose to our communities throughout the Nation; the Federal Government has done vir- and makes them less appealing targets Whereas millions of students have bene- fitted from the Junior Reserve Officers’ tually nothing to secure chemical for terrorists. plants. It is one of the great failures of Training Corps; this administration that needs to be The concept of IST was created thir- Whereas, in 2005, there were over 500,000 addressed this year. ty years ago by chemical industry in- students enrolled in Junior Reserve Officers’ The Lautenberg-Obama bill is a huge Training Corps programs in approximately siders, and it has been embraced at dif- 3,400 secondary schools; and step forward. It protects our commu- ferent times by the Department of Whereas the Junior Reserve Officers’ nities in a responsible, but balanced Homeland Security, the Department of Training Corps is taught by a dedicated way. There are features of this bill that Justice, the Environmental Protection cadre of retired officers and staff non-com- should be a part of any chemical secu- Agency, foreign governments and missioned officers of the Armed Forces who rity legislation passed by this Con- states like New Jersey. Even the chem- love the United States and who are working to secure its future: Now, therefore, be it gress. ical industry itself has embraced IST, Our legislation is risk-based. While Resolved, That the Senate— all chemical facilities would have to and many facilities across the country (1) expresses appreciation to the Junior Re- take a number of concrete steps to im- have already employed safer tech- serve Officers’ Training Corps for— nologies. (A) the leadership training that the pro- prove security, only the highest-risk gram provides to the youth of the United facilities would be subject to bill’s Unfortunately, the chemical industry States; and strictest scrutiny and regulation by has been lobbying nonstop on this bill. (B) the outstanding results that the pro- the Department of Homeland Security. They do not want IST, they do not gram has achieved; These high-priority facilities would want protection of state laws and they (2) commends the professionalism and dedi- have to perform vulnerability assess- do not want strict regulations. So far, cation displayed daily by the retired members of the United States Armed Forces who ments, develop prevention and response because the industry wields so much plans, submit to unscheduled inspec- serve as instructors in the Junior Reserve influence in Washington, it’s been get- tions, and perform practice drills. Officers’ Training Corps; and Our legislation is strict, but fair. Our ting its way. For example, the Depart- (3) proudly honors the modern-day members of the Junior Reserve Officers’ Training bill replaces volunteer security stand- ment of Homeland Security initially embraced the concept of Inherently Corps, who represent a promising group of ards with clearly defined Federal du- young men and women who continue to ties and regulations. While plant own- Safer Technology in a 2004 draft chem- strive to achieve their full potential. ical security plan, only to reverse itself ers would not be able to substitute f their own security standards, they after heavy industry lobbying in 2006. would be able to come up with security Secretary Chertoff’s announcement AMENDMENTS SUBMITTED AND plans that are tailored to each facility. last week, in front of an audience of PROPOSED And while the bill includes tough pen- chemical industry executives, very SA 3191. Mr. FRIST (for himself and Mr. alties for noncompliant facilities in- closely tracked the industry’s talking REID) submitted an amendment intended to cluding strict fines and the threat of points. be proposed to amendment SA 3192 sub- shutting down plants, it also minimizes mitted by Mr. SPECTER (for himself, Mr. duplicative requirements under other This is wrong. We cannot allow LEAHY, and Mr. HAGEL) to the bill S. 2454, to Federal laws. chemical industry lobbyists to dictate amend the Immigration and Nationality Act The Lautenberg-Obama bill also pro- the terms of this debate. We cannot to provide for comprehensive reform and for other purposes. tects state and local rights to establish allow our security to be hijacked by SA 3192. Mr. SPECTER (for himself, Mr. security standards that match their corporate interests. LEAHY, and Mr. HAGEL) submitted an amend- local needs. States like New Jersey Senator LAUTENBERG and I will fight ment intended to be proposed by him to the have been leaders in chemical security, bill S. 2454, supra. for strong legislation to pass the Sen- and we do not want to cut these efforts SA 3193. Mr. ALEXANDER (for himself, ate. We believe that we can work with off at the knees. The legislation also Mr. CORNYN, Mr. ISAKSON, Mr. COCHRAN, Mr. gives employees a seat at the table, by chemical plants so that new safety reg- SANTORUM, Mr. FRIST, Mr. MCCONNELL, and creating employee security commit- ulations are implemented in a way that Mr. MCCAIN) submitted an amendment intended to be proposed to amendment SA 3192 tees, ensuring that employees are part is flexible enough for the industry yet stringent enough to protect the Amer- submitted by Mr. SPECTER (for himself, Mr. of the security planning process, estab- LEAHY, and Mr. HAGEL) to the bill S. 2454, lishing security training requirements, ican people. I urge my colleagues to supra. and establishing tough whistleblower come together to pass meaningful secu- SA 3194. Ms. MIKULSKI submitted an protections. rity legislation this year. amendment intended to be proposed to

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amendment SA 3192 submitted by Mr. SPEC- mitted by Mr. SPECTER (for himself, Mr. Sec. 105. Ports of entry. TER (for himself, Mr. LEAHY, and Mr. HAGEL) LEAHY, and Mr. HAGEL) to the bill S. 2454, Sec. 106. Construction of strategic border to the bill S. 2454, supra; which was ordered supra. fencing and vehicle barriers. to lie on the table. SA 3211. Ms. COLLINS submitted an Subtitle B—Border Security Plans, SA 3195. Mr. ISAKSON submitted an amendment intended to be proposed to Strategies, and Reports amendment intended to be proposed to amendment SA 3192 submitted by Mr. SPEC- Sec. 111. Surveillance plan. amendment SA 3192 submitted by Mr. SPEC- TER (for himself, Mr. LEAHY, and Mr. HAGEL) Sec. 112. National Strategy for Border Secu- TER (for himself, Mr. LEAHY, and Mr. HAGEL) to the bill S. 2454, supra; which was ordered rity. to the bill S. 2454, supra; which was ordered to lie on the table. Sec. 113. Reports on improving the exchange to lie on the table. SA 3212. Mr. BINGAMAN submitted an of information on North Amer- SA 3196. Mr. ISAKSON submitted an amendment intended to be proposed to amendment intended to be proposed by him ican security. amendment SA 3192 submitted by Mr. SPEC- Sec. 114. Improving the security of Mexico’s to the bill S. 2454, supra; which was ordered TER (for himself, Mr. LEAHY, and Mr. HAGEL) to lie on the table. southern border. to the bill S. 2454, supra; which was ordered Sec. 115. Combating human smuggling. SA 3197. Mr. ISAKSON submitted an to lie on the table. amendment intended to be proposed to Subtitle C—Other Border Security SA 3213. Mr. ALLARD submitted an amendment SA 3192 submitted by Mr. SPEC- Initiatives amendment intended to be proposed to TER (for himself, Mr. LEAHY, and Mr. HAGEL) amendment SA 3192 submitted by Mr. SPEC- Sec. 121. Biometric data enhancements. to the bill S. 2454, supra; which was ordered Sec. 122. Secure communication. TER (for himself, Mr. LEAHY, and Mr. HAGEL) to lie on the table. to the bill S. 2454, supra; which was ordered Sec. 123. Border patrol training capacity re- SA 3198. Mr. ISAKSON submitted an to lie on the table. view. amendment intended to be proposed to Sec. 124. US-VISIT System. amendment SA 3192 submitted by Mr. SPEC- f Sec. 125. Document fraud detection. TER (for himself, Mr. LEAHY, and Mr. HAGEL) Sec. 126. Improved document integrity. to the bill S. 2454, supra; which was ordered TEXT OF AMENDMENTS Sec. 127. Cancellation of visas. to lie on the table. SA 3191. Mr. FRIST (for himself and Sec. 128. Biometric entry-exit system. SA 3199. Mr. ISAKSON submitted an Mr. REID) submitted an amendment in- Sec. 129. Border study. amendment intended to be proposed to tended to be proposed to amendment Sec. 130. Secure border initiative financial amendment SA 3192 submitted by Mr. SPEC- accountability. SA 3192 submitted by Mr. SPECTER (for TER (for himself, Mr. LEAHY, and Mr. HAGEL) Sec. 131. Mandatory detention for aliens ap- to the bill S. 2454, supra; which was ordered himself, Mr. LEAHY, and Mr. HAGEL) to prehended at or between ports to lie on the table. the bill S. 2454, to amend the Immigra- of entry. SA 3200. Mr. ISAKSON submitted an tion and Nationality Act to provide for Sec. 132. Evasion of inspection or violation amendment intended to be proposed to comprehensive reform and for other of arrival, reporting, entry, or amendment SA 3192 submitted by Mr. SPEC- purposes; as follows: clearance requirements. TER (for himself, Mr. LEAHY, and Mr. HAGEL) Subtitle D—Border Tunnel Prevention Act to the bill S. 2454, supra; which was ordered At the appropriate place, insert the following: Sec. 141. Short title. to lie on the table. Sec. 142. Construction of border tunnel or SA 3201. Mr. ISAKSON submitted an SEC. ll. DEATHS AT UNITED STATES-MEXICO passage. amendment intended to be proposed to BORDER. Sec. 143. Directive to the United States Sen- amendment SA 3192 submitted by Mr. SPEC- (a) COLLECTION OF STATISTICS.—The Com- tencing Commission. TER (for himself, Mr. LEAHY, and Mr. HAGEL) missioner of the Bureau of Customs and Bor- to the bill S. 2454, supra; which was ordered der Protection shall collect statistics relat- TITLE II—INTERIOR ENFORCEMENT to lie on the table. ing to deaths occurring at the border be- Sec. 201. Removal and denial of benefits to SA 3202. Mr. ISAKSON submitted an tween the United States and Mexico, includ- terrorist aliens. amendment intended to be proposed to ing— Sec. 202. Detention and removal of aliens or- amendment SA 3192 submitted by Mr. SPEC- (1) the causes of the deaths; and dered removed. TER (for himself, Mr. LEAHY, and Mr. HAGEL) (2) the total number of deaths. Sec. 203. Aggravated felony. to the bill S. 2454, supra; which was ordered (b) REPORT.—Not later than 1 year after Sec. 204. Terrorist bars. to lie on the table. the date of enactment of this Act, and annu- Sec. 205. Increased criminal penalties re- SA 3203. Mr. ISAKSON submitted an ally thereafter, the Commissioner of the Bu- lated to gang violence, removal, amendment intended to be proposed to reau of Customs and Border Protection shall and alien smuggling. amendment SA 3192 submitted by Mr. SPEC- submit to the Secretary a report that— Sec. 206. Illegal entry. TER (for himself, Mr. LEAHY, and Mr. HAGEL) (1) analyzes trends with respect to the sta- Sec. 207. Illegal reentry. to the bill S. 2454, supra; which was ordered tistics collected under subsection (a) during Sec. 208. Reform of passport, visa, and immi- to lie on the table. the preceding year; and gration fraud offenses. SA 3204. Mr. INHOFE submitted an amend- (2) recommends actions to reduce the Sec. 209. Inadmissibility and removal for ment intended to be proposed to amendment deaths described in subsection (a). passport and immigration fraud SA 3192 submitted by Mr. SPECTER (for him- offenses. self, Mr. LEAHY, and Mr. HAGEL) to the bill S. SA 3192. Mr. SPECTER (for himself, Sec. 210. Incarceration of criminal aliens. Sec. 211. Encouraging aliens to depart vol- 2454, supra; which was ordered to lie on the Mr. LEAHY, and Mr. HAGEL) submitted untarily. table. an amendment intended to be proposed SA 3205. Mr. INHOFE submitted an amend- Sec. 212. Deterring aliens ordered removed ment intended to be proposed to amendment by him to the bill S. 2454, to amend the from remaining in the United SA 3192 submitted by Mr. SPECTER (for him- Immigration and Nationality Act to States unlawfully. self, Mr. LEAHY, and Mr. HAGEL) to the bill S. provide for comprehensive reform and Sec. 213. Prohibition of the sale of firearms 2454, supra; which was ordered to lie on the for other purposes; as follows: to, or the possession of firearms table. Strike all after the enacting clause, and in- by certain aliens. Sec. 214. Uniform statute of limitations for SA 3206. Mr. KYL (for himself and Mr. COR- sert the following: NYN) proposed an amendment to amendment certain immigration, natu- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SA 3192 submitted by Mr. SPECTER (for him- ralization, and peonage of- (a) SHORT TITLE.—This Act may be cited as self, Mr. LEAHY, and Mr. HAGEL) to the bill S. fenses. 2454, supra. the ‘‘Comprehensive Immigration Reform Sec. 215. Diplomatic security service. SA 3207. Mr. CORNYN proposed an amend- Act of 2006’’. Sec. 216. Field agent allocation and back- ment to amendment SA 3206 proposed by Mr. (b) TABLE OF CONTENTS.—The table of con- ground checks. KYL (for himself and Mr. CORNYN) to the tents for this Act is as follows: Sec. 217. Construction. amendment SA 3192 submitted by Mr. SPEC- Sec. 1. Short title; table of contents. Sec. 218. State criminal alien assistance pro- TER (for himself, Mr. LEAHY, and Mr. HAGEL) Sec. 2. Reference to the Immigration and gram. to the bill S. 2454, supra. Nationality Act. Sec. 219. Transportation and processing of SA 3208. Mr. ISAKSON submitted an Sec. 3. Definitions. illegal aliens apprehended by amendment intended to be proposed by him Sec. 4. Severability. State and local law enforce- to the bill S. 2454, supra; which was ordered TITLE I—BORDER ENFORCEMENT ment officers. to lie on the table. Sec. 220. Reducing illegal immigration and SA 3209. Mr. HAGEL submitted an amend- Subtitle A—Assets for Controlling United alien smuggling on tribal lands. ment intended to be proposed by him to the States Borders Sec. 221. Alternatives to detention. bill S. 2454, supra; which was ordered to lie Sec. 101. Enforcement personnel. Sec. 222. Conforming amendment. on the table. Sec. 102. Technological assets. Sec. 223. Reporting requirements. SA 3210. Mr. BINGAMAN proposed an Sec. 103. Infrastructure. Sec. 224. State and local enforcement of amendment to amendment SA 3192 sub- Sec. 104. Border patrol checkpoints. Federal immigration laws.

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Sec. 225. Removal of drunk drivers. CHAPTER 1—PILOT PROGRAM FOR EARNED (2) INVESTIGATIVE PERSONNEL.— Sec. 226. Medical services in underserved STATUS ADJUSTMENT OF AGRICULTURAL (A) IMMIGRATION AND CUSTOMS ENFORCE- areas. WORKERS MENT INVESTIGATORS.—Section 5203 of the In- Sec. 227. Expedited removal. Sec. 613. Agricultural workers. telligence Reform and Terrorism Prevention Sec. 228. Protecting immigrants from con- Sec. 614. Correction of Social Security Act of 2004 (Public Law 108–458; 118 Stat. 3734) victed sex offenders. records. is amended by striking ‘‘800’’ and inserting Sec. 229. Law enforcement authority of ‘‘1000’’. CHAPTER 2—REFORM OF H–2A WORKER States and political subdivi- (B) ADDITIONAL PERSONNEL.—In addition to PROGRAM sions and transfer to Federal the positions authorized under section 5203 of custody. Sec. 615. Amendment to the Immigration the Intelligence Reform and Terrorism Pre- Sec. 230. Laundering of monetary instru- and Nationality Act. vention Act of 2004, as amended by subpara- ments. CHAPTER 3—MISCELLANEOUS PROVISIONS graph (A), during each of the fiscal years 2007 Sec. 231. Listing of immigration violators in through 2011, the Secretary shall, subject to the National Crime Information Sec. 616. Determination and use of user fees. the availability of appropriations, increase Center database. Sec. 617. Regulations. Sec. 232. Cooperative enforcement programs. Sec. 618. Report to Congress. by not less than 200 the number of positions Sec. 233. Increase of Federal detention space Sec. 619. Effective date. for personnel within the Department as- and the utilization of facilities Subtitle C—DREAM Act signed to investigate alien smuggling. (b) AUTHORIZATION OF APPROPRIATIONS.— identified for closures as a re- Sec. 621. Short title. (1) PORT OF ENTRY INSPECTORS.—There are sult of the Defense Base Closure Sec. 622. Definitions. Realignment Act of 1990. authorized to be appropriated to the Sec- Sec. 623. Restoration of State option to de- retary such sums as may be necessary for Sec. 234. Determination of immigration sta- termine residency for purposes tus of individuals charged with each of the fiscal years 2007 through 2011 to of higher education benefits. carry out paragraph (1) of subsection (a). Federal offenses. Sec. 624. Cancellation of removal and adjust- (2) BORDER PATROL AGENTS.—Section 5202 of TITLE III—UNLAWFUL EMPLOYMENT OF ment of status of certain long- the Intelligence Reform and Terrorism Pre- ALIENS term residents who entered the vention Act of 2004 (118 Stat. 3734) is amend- United States as children. Sec. 301. Unlawful employment of aliens. ed to read as follows: Sec. 302. Employer Compliance Fund. Sec. 625. Conditional permanent resident Sec. 303. Additional worksite enforcement status. ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PA- TROL AGENTS. and fraud detection agents. Sec. 626. Retroactive benefits. Sec. 304. Clarification of ineligibility for Sec. 627. Exclusive jurisdiction. ‘‘(a) ANNUAL INCREASES.—The Secretary of misrepresentation. Sec. 628. Penalties for false statements in Homeland Security shall, subject to the TITLE IV—NONIMMIGRANT AND application. availability of appropriations for such pur- IMMIGRANT VISA REFORM Sec. 629. Confidentiality of information. pose, increase the number of positions for full-time active-duty border patrol agents Subtitle A—Temporary Guest Workers Sec. 630. Expedited processing of applica- within the Department of Homeland Secu- Sec. 401. Immigration impact study. tions; prohibition on fees. Sec. 631. Higher Education assistance. rity (above the number of such positions for Sec. 402. Nonimmigrant temporary worker. which funds were appropriated for the pre- Sec. 403. Admission of nonimmigrant tem- Sec. 632. GAO report. ceding fiscal year), by— porary guest workers. Subtitle D—Grant Programs to Assist ‘‘(1) 2,000 in fiscal year 2006; Sec. 404. Employer obligations. Nonimmigrant Workers Sec. 405. Alien employment management ‘‘(2) 2,400 in fiscal year 2007; Sec. 641. Grants to support public education system. ‘‘(3) 2,400 in fiscal year 2008; Sec. 406. Rulemaking; effective date. and community training. ‘‘(4) 2,400 in fiscal year 2009; Sec. 407. Recruitment of United States Sec. 642. Funding for the Office of Citizen- ‘‘(5) 2,400 in fiscal year 2010; and workers. ship. ‘‘(6) 2,400 in fiscal year 2011; Sec. 408. Temporary guest worker visa pro- Sec. 643. Civics integration grant program. ‘‘(b) NORTHERN BORDER.—In each of the fis- gram task force. SEC. 2. REFERENCE TO THE IMMIGRATION AND cal years 2006 through 2011, in addition to the Sec. 409. Requirements for participating NATIONALITY ACT. border patrol agents assigned along the countries. Except as otherwise expressly provided, northern border of the United States during Sec. 410. S visas. whenever in this Act an amendment or re- the previous fiscal year, the Secretary shall Sec. 411. L visa limitations. peal is expressed in terms of an amendment assign a number of border patrol agents Sec. 412. Authorization of appropriations. to, or repeal of, a section or other provision, equal to not less than 20 percent of the net Subtitle B—Immigration Injunction Reform the reference shall be considered to be made increase in border patrol agents during each Sec. 421. Short title. to a section or other provision of the Immi- such fiscal year. Sec. 422. Appropriate remedies for immigra- gration and Nationality Act (8 U.S.C. 1101 et ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— tion legislation. seq.). There are authorized to be appropriated such Sec. 423. Effective date. SEC. 3. DEFINITIONS. sums as may be necessary for each of fiscal TITLE V—BACKLOG REDUCTION In this Act: years 2007 through 2011 to carry out this sec- Sec. 501. Elimination of existing backlogs. (1) DEPARTMENT.—Except as otherwise pro- tion.’’. Sec. 502. Country limits. vided, the term ‘‘Department’’ means the De- SEC. 102. TECHNOLOGICAL ASSETS. Sec. 503. Allocation of immigrant visas. partment of Homeland Security. (a) ACQUISITION.—Subject to the avail- Sec. 504. Relief for minor children. (2) SECRETARY.—Except as otherwise pro- ability of appropriations, the Secretary shall Sec. 505. Shortage occupations. vided, the term ‘‘Secretary’’ means the Sec- procure additional unmanned aerial vehicles, Sec. 506. Relief for widows and orphans. retary of Homeland Security. cameras, poles, sensors, and other tech- Sec. 507. Student visas. nologies necessary to achieve operational Sec. 508. Visas for individuals with advanced SEC. 4. SEVERABILITY. control of the international borders of the degrees. If any provision of this Act, any amendment made by this Act, or the application of United States and to establish a security pe- TITLE VI—WORK AUTHORIZATION AND such provision or amendment to any person rimeter known as a ‘‘virtual fence’’ along LEGALIZATION OF UNDOCUMENTED IN- or circumstance is held to be invalid for any such international borders to provide a bar- DIVIDUALS reason, the remainder of this Act, the rier to illegal immigration. Subtitle A—Conditional Nonimmigrant amendments made by this Act, and the ap- (b) INCREASED AVAILABILITY OF EQUIP- Workers plication of the provisions of such to any MENT.—The Secretary and the Secretary of Sec. 601. 218D conditional nonimmigrants. other person or circumstance shall not be af- Defense shall develop and implement a plan Sec. 602. Adjustment of status for section fected by such holding. to use authorities provided to the Secretary of Defense under chapter 18 of title 10, 218D conditional non- TITLE I—BORDER ENFORCEMENT immigrants. United States Code, to increase the avail- Sec. 603. Aliens not subject to direct numer- Subtitle A—Assets for Controlling United ability and use of Department of Defense ical limitations. States Borders equipment, including unmanned aerial vehi- Sec. 604. Employer protections. SEC. 101. ENFORCEMENT PERSONNEL. cles, tethered aerostat radars, and other sur- Sec. 605. Limitation on adjustment of status (a) ADDITIONAL PERSONNEL.— veillance equipment, to assist the Secretary for aliens granted conditional (1) PORT OF ENTRY INSPECTORS.—In each of in carrying out surveillance activities con- nonimmigrant work authoriza- the fiscal years 2007 through 2011, the Sec- ducted at or near the international land bor- tion. retary shall, subject to the availability of ders of the United States to prevent illegal Sec. 606. Authorization of appropriations. appropriations, increase by not less than 500 immigration. Subtitle B—Agricultural Job Opportunities, the number of positions for full-time active (c) REPORT.—Not later than 6 months after Benefits, and Security duty port of entry inspectors and provide ap- the date of enactment of this Act, the Sec- Sec. 611. Short title. propriate training, equipment, and support retary and the Secretary of Defense shall Sec. 612. Definitions. to such additional inspectors. submit to Congress a report that contains—

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2615 (1) a description of the current use of De- (2) extend the double- or triple-layered to infiltrate the United States at locations partment of Defense equipment to assist the fencing for a distance of not less than 2 miles along the international land and maritime Secretary in carrying out surveillance of the beyond urban areas in the Yuma Sector. borders of the United States. international land borders of the United (3) construct not less than 50 miles of vehi- (3) A risk assessment for all United States States and assessment of the risks to citi- cle barriers and all-weather roads in the ports of entry and all portions of the inter- zens of the United States and foreign policy Yuma Sector running parallel to the international land and maritime borders of the interests associated with the use of such national border between the United States United States that includes a description of equipment; and Mexico in areas that are known transit activities being undertaken— (2) the plan developed under subsection (b) points for illegal cross-border traffic. (A) to prevent the entry of terrorists, other to increase the use of Department of Defense (c) CONSTRUCTION DEADLINE.—The Sec- unlawful aliens, instruments of terrorism, equipment to assist such surveillance activi- retary shall immediately commence con- narcotics, and other contraband into the ties; and struction of the fencing, barriers, and roads United States; and (3) a description of the types of equipment described in subsections (a) and (b), and shall (B) to protect critical infrastructure at or and other support to be provided by the Sec- complete such construction not later than 2 near such ports of entry or borders. retary of Defense under such plan during the years after the date of the enactment of this (4) An assessment of the legal require- 1-year period beginning on the date of the Act. ments that prevent achieving and maintain- submission of the report. (d) REPORT.—Not later than 1 year after ing operational control over the entire inter- (d) AUTHORIZATION OF APPROPRIATIONS.— the date of the enactment of this Act, the national land and maritime borders of the There are authorized to be appropriated to Secretary shall submit a report to the Com- United States. the Secretary such sums as may be nec- mittee on the Judiciary of the Senate and (5) An assessment of the most appropriate, essary for each of the fiscal years 2007 the Committee on the Judiciary of the House practical, and cost-effective means of defend- through 2011 to carry out subsection (a). of Representatives that describes the ing the international land and maritime bor- progress that has been made in constructing (e) CONSTRUCTION.—Nothing in this section ders of the United States against threats to the fencing, barriers, and roads described in may be construed as altering or amending security and illegal transit, including intel- subsections (a) and (b). the prohibition on the use of any part of the ligence capacities, technology, equipment, (e) AUTHORIZATION OF APPROPRIATIONS.— personnel, and training needed to address se- Army or the Air Force as a posse comitatus There are authorized to be appropriated such curity vulnerabilities. under section 1385 of title 18, United States sums as may be necessary to carry out this (6) An assessment of staffing needs for all Code. section. SEC. 103. INFRASTRUCTURE. border security functions, taking into ac- Subtitle B—Border Security Plans, count threat and vulnerability information (a) CONSTRUCTION OF BORDER CONTROL FA- Strategies, and Reports pertaining to the borders and the impact of CILITIES.—Subject to the availability of ap- SEC. 111. SURVEILLANCE PLAN. new security programs, policies, and tech- propriations, the Secretary shall construct (a) REQUIREMENT FOR PLAN.—The Sec- nologies. all-weather roads and acquire additional ve- retary shall develop a comprehensive plan (7) A description of the border security hicle barriers and facilities necessary to for the systematic surveillance of the inter- roles and missions of Federal, State, re- achieve operational control of the international land and maritime borders of the gional, local, and tribal authorities, and rec- national borders of the United States. United States. ommendations regarding actions the Sec- (b) AUTHORIZATION OF APPROPRIATIONS.— (b) CONTENT.—The plan required by sub- retary can carry out to improve coordination There are authorized to be appropriated to section (a) shall include the following: with such authorities to enable border secu- the Secretary such sums as may be nec- (1) An assessment of existing technologies rity and enforcement activities to be carried essary for each of the fiscal years 2007 employed on the international land and mar- out in a more efficient and effective manner. through 2011 to carry out subsection (a). itime borders of the United States. (8) An assessment of existing efforts and SEC. 104. BORDER PATROL CHECKPOINTS. (2) A description of the compatibility of technologies used for border security and the The Secretary may maintain temporary or new surveillance technologies with surveil- effect of the use of such efforts and tech- permanent checkpoints on roadways in bor- lance technologies in use by the Secretary nologies on civil rights, personal property der patrol sectors that are located in prox- on the date of the enactment of this Act. rights, privacy rights, and civil liberties, in- imity to the international border between (3) A description of how the Commissioner cluding an assessment of efforts to take into the United States and Mexico. of the United States Customs and Border account asylum seekers, trafficking victims, SEC. 105. PORTS OF ENTRY. Protection of the Department is working, or unaccompanied minor aliens, and other vul- is expected to work, with the Under Sec- The Secretary is authorized to— nerable populations. retary for Science and Technology of the De- (1) construct additional ports of entry (9) A prioritized list of research and devel- partment to identify and test surveillance along the international land borders of the opment objectives to enhance the security of technology. United States, at locations to be determined the international land and maritime borders (4) A description of the specific surveil- by the Secretary; and of the United States. lance technology to be deployed. (2) make necessary improvements to the (10) A description of ways to ensure that (5) Identification of any obstacles that may ports of entry in existence on the date of the the free flow of travel and commerce is not impede such deployment. enactment of this Act. diminished by efforts, activities, and pro- (6) A detailed estimate of all costs associ- SEC. 106. CONSTRUCTION OF STRATEGIC BOR- grams aimed at securing the international ated with such deployment and with contin- land and maritime borders of the United DER FENCING AND VEHICLE BAR- ued maintenance of such technologies. RIERS. States. (7) A description of how the Secretary is (a) TUCSON SECTOR.—The Secretary shall— (11) An assessment of additional detention working with the Administrator of the Fed- (1) replace all aged, deteriorating, or dam- facilities and beds that are needed to detain eral Aviation Administration on safety and aged primary fencing in the Tucson Sector unlawful aliens apprehended at United airspace control issues associated with the located proximate to population centers in States ports of entry or along the inter- use of unmanned aerial vehicles. national land borders of the United States. Douglas, Nogales, Naco, and Lukeville, Ari- (c) SUBMISSION TO CONGRESS.—Not later (12) A description of the performance zona with double- or triple-layered fencing than 6 months after the date of the enact- metrics to be used to ensure accountability running parallel to the international border ment of this Act, the Secretary shall submit by the bureaus of the Department in imple- between the United States and Mexico; to Congress the plan required by this sec- menting such Strategy. (2) extend the double- or triple-layered tion. fencing for a distance of not less than 2 miles (13) A schedule for the implementation of SEC. 112. NATIONAL STRATEGY FOR BORDER SE- the security measures described in such beyond urban areas, except that the double- CURITY. Strategy, including a prioritization of secu- or triple-layered fence shall extend west of (a) REQUIREMENT FOR STRATEGY.—The Sec- Naco, Arizona, for a distance of 10 miles; and retary, in consultation with the heads of rity measures, realistic deadlines for ad- (3) construct not less than 150 miles of ve- other appropriate Federal agencies, shall de- dressing the security and enforcement needs, hicle barriers and all-weather roads in the velop a National Strategy for Border Secu- an estimate of the resources needed to carry Tucson Sector running parallel to the inter- rity that describes actions to be carried out out such measures, and a description of how national border between the United States to achieve operational control over all ports such resources should be allocated. and Mexico in areas that are known transit of entry into the United States and the (c) CONSULTATION.—In developing the Na- points for illegal cross-border traffic. international land and maritime borders of tional Strategy for Border Security, the Sec- (b) YUMA SECTOR.—The Secretary shall— the United States. retary shall consult with representatives (1) replace all aged, deteriorating, or dam- (b) CONTENT.—The National Strategy for of— aged primary fencing in the Yuma Sector lo- Border Security shall include the following: (1) State, local, and tribal authorities with cated proximate to population centers in (1) The implementation schedule for the responsibility for locations along the inter- Yuma, Somerton, and San Luis, Arizona comprehensive plan for systematic surveil- national land and maritime borders of the with double- or triple-layered fencing run- lance described in section 111. United States; and ning parallel to the international border be- (2) An assessment of the threat posed by (2) appropriate private sector entities, non- tween the United States and Mexico; terrorists and terrorist groups that may try governmental organizations, and affected

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2616 CONGRESSIONAL RECORD — SENATE March 30, 2006 communities that have expertise in areas re- operating on visa policy and identifying best (C) in determining the feasibility of formu- lated to border security. practices regarding immigration security, lating a firearms trafficking action plan be- (d) COORDINATION.—The National Strategy including the progress made— tween Mexico and the United States; for Border Security shall be consistent with (A) in enhancing consultation among offi- (D) in developing a joint threat assessment the National Strategy for Maritime Security cials who issue visas at the consulates or em- on organized crime between Canada and the developed pursuant to Homeland Security bassies of Canada, Mexico, or the United United States; Presidential Directive 13, dated December 21, States throughout the world to share infor- (E) in determining the feasibility of formu- 2004. mation, trends, and best practices on visa lating a joint threat assessment on organized (e) SUBMISSION TO CONGRESS.— flows; crime between Mexico and the United States; (1) STRATEGY.—Not later than 1 year after (B) in comparing the procedures and poli- (F) in developing mechanisms to exchange the date of the enactment of this Act, the cies of Canada and the United States related information on findings, seizures, and cap- Secretary shall submit to Congress the Na- to visitor visa processing, including— ture of individuals transporting undeclared tional Strategy for Border Security. (i) application process; currency; and (2) UPDATES.—The Secretary shall submit (ii) interview policy; (G) in developing and implementing a plan to Congress any update of such Strategy that (iii) general screening procedures; to combat the transnational threat of illegal the Secretary determines is necessary, not (iv) visa validity; drug trafficking. later than 30 days after such update is devel- (v) quality control measures; and (7) LAW ENFORCEMENT COOPERATION.—The oped. (vi) access to appeal or review; progress made in enhancing law enforcement (f) IMMEDIATE ACTION.—Nothing in this sec- cooperation among Canada, Mexico, and the tion or section 111 may be construed to re- (C) in exploring methods for Canada, Mex- ico, and the United States to waive visa re- United States through enhanced technical lieve the Secretary of the responsibility to assistance for the development and mainte- take all actions necessary and appropriate to quirements for nationals and citizens of the same foreign countries; nance of a national database built upon iden- achieve and maintain operational control tified best practices for biometrics associ- over the entire international land and mari- (D) in providing technical assistance for the development and maintenance of a na- ated with known and suspected criminals or time borders of the United States. terrorists, including exploring the formation SEC. 113. REPORTS ON IMPROVING THE EX- tional database built upon identified best practices for biometrics associated with im- of law enforcement teams that include per- CHANGE OF INFORMATION ON sonnel from the United States and Mexico, NORTH AMERICAN SECURITY. migration violators; and appropriate procedures for such teams. (a) REQUIREMENT FOR REPORTS.—Not later (E) in developing and implementing an im- than 1 year after the date of the enactment migration security strategy for North Amer- SEC. 114. IMPROVING THE SECURITY OF MEXI- CO’S SOUTHERN BORDER. of this Act, and annually thereafter, the Sec- ica that works toward the development of a (a) TECHNICAL ASSISTANCE.—The Secretary retary of State, in coordination with the common security perimeter by enhancing of State, in coordination with the Secretary, Secretary and the heads of other appropriate technical assistance for programs and sys- shall work to cooperate with the head of tems to support advance automated report- Federal agencies, shall submit to Congress a Foreign Affairs Canada and the appropriate ing and risk targeting of international pas- report on improving the exchange of infor- officials of the Government of Mexico to es- sengers; mation related to the security of North tablish a program— (F) in sharing information on lost and sto- America. (1) to assess the specific needs of Guate- (b) CONTENTS.—Each report submitted len passports on a real-time basis among im- mala and Belize in maintaining the security under subsection (a) shall contain a descrip- migration or law enforcement officials of of the international borders of such coun- tion of the following: Canada, Mexico, and the United States; and tries; (1) SECURITY CLEARANCES AND DOCUMENT IN- (G) in collecting 10 fingerprints from each (2) to use the assessment made under para- TEGRITY.—The progress made toward the de- individual who applies for a visa. graph (1) to determine the financial and velopment of common enrollment, security, (4) NORTH AMERICAN VISITOR OVERSTAY PRO- technical support needed by Guatemala and technical, and biometric standards for the GRAM.—The progress made by Canada and Belize from Canada, Mexico, and the United issuance, authentication, validation, and re- the United States in implementing parallel States to meet such needs; pudiation of secure documents, including— entry-exit tracking systems that, while re- (3) to provide technical assistance to Gua- (A) technical and biometric standards specting the privacy laws of both countries, temala and Belize to promote issuance of se- based on best practices and consistent with share information regarding third country cure passports and travel documents by such international standards for the issuance, au- nationals who have overstayed their period countries; and thentication, validation, and repudiation of of authorized admission in either Canada or (4) to encourage Guatemala and Belize— travel documents, including— the United States. (A) to control alien smuggling and traf- (i) passports; (5) TERRORIST WATCH LISTS.—The progress ficking; (ii) visas; and made in enhancing the capacity of the (B) to prevent the use and manufacture of (iii) permanent resident cards; United States to combat terrorism through fraudulent travel documents; and (B) working with Canada and Mexico to en- the coordination of counterterrorism efforts, (C) to share relevant information with courage foreign governments to enact laws including the progress made— Mexico, Canada, and the United States. to combat alien smuggling and trafficking, (A) in developing and implementing bilat- (b) BORDER SECURITY FOR BELIZE, GUATE- and laws to forbid the use and manufacture eral agreements between Canada and the MALA, AND MEXICO.—The Secretary, in con- of fraudulent travel documents and to pro- United States and between Mexico and the sultation with the Secretary of State, shall mote information sharing; United States to govern the sharing of ter- work to cooperate— (C) applying the necessary pressures and rorist watch list data and to comprehen- (1) with the appropriate officials of the support to ensure that other countries meet sively enumerate the uses of such data by Government of Guatemala and the Govern- proper travel document standards and are the governments of each country; ment of Belize to provide law enforcement committed to travel document verification (B) in establishing appropriate linkages assistance to Guatemala and Belize that spe- before the citizens of such countries travel among Canada, Mexico, and the United cifically addresses immigration issues to in- internationally, including travel by such States Terrorist Screening Center; and crease the ability of the Government of Gua- citizens to the United States; and (C) in exploring with foreign governments temala to dismantle human smuggling orga- (D) providing technical assistance for the the establishment of a multilateral watch nizations and gain additional control over development and maintenance of a national list mechanism that would facilitate direct the international border between Guatemala database built upon identified best practices coordination between the country that iden- and Belize; and for biometrics associated with visa and trav- tifies an individual as an individual included (2) with the appropriate officials of the el documents. on a watch list, and the country that owns Government of Belize, the Government of (2) IMMIGRATION AND VISA MANAGEMENT.— such list, including procedures that satisfy Guatemala, the Government of Mexico, and The progress of efforts to share information the security concerns and are consistent the governments of neighboring contiguous regarding high-risk individuals who may at- with the privacy and other laws of each par- countries to establish a program to provide tempt to enter Canada, Mexico, or the ticipating country. needed equipment, technical assistance, and United States, including the progress made— (6) MONEY LAUNDERING, CURRENCY SMUG- vehicles to manage, regulate, and patrol the (A) in implementing the Statement of Mu- GLING, AND ALIEN SMUGGLING.—The progress international borders between Mexico and tual Understanding on Information Sharing, made in improving information sharing and Guatemala and between Mexico and Belize. signed by Canada and the United States in law enforcement cooperation in combating (c) TRACKING CENTRAL AMERICAN GANGS.— February 2003; and organized crime, including the progress The Secretary of State, in coordination with (B) in identifying trends related to immi- made— the Secretary and the Director of the Fed- gration fraud, including asylum and docu- (A) in combating currency smuggling, eral Bureau of Investigation, shall work to ment fraud, and to analyze such trends. money laundering, alien smuggling, and traf- cooperate with the appropriate officials of (3) VISA POLICY COORDINATION AND IMMIGRA- ficking in alcohol, firearms, and explosives; the Government of Mexico, the Government TION SECURITY.—The progress made by Can- (B) in implementing the agreement be- of Guatemala, the Government of Belize, and ada, Mexico, and the United States to en- tween Canada and the United States known the governments of other Central American hance the security of North America by co- as the Firearms Trafficking Action Plan; countries—

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2617 (1) to assess the direct and indirect impact alien required to provide fingerprints during SEC. 125. DOCUMENT FRAUD DETECTION. on the United States and Central America of the alien’s initial enrollment in the inte- (a) TRAINING.—Subject to the availability deporting violent criminal aliens; grated entry and exit data system described of appropriations, the Secretary shall pro- (2) to establish a program and database to in section 110 of the Illegal Immigration Re- vide all Customs and Border Protection offi- track individuals involved in Central Amer- form and Immigrant Responsibility Act of cers with training in identifying and detect- ican gang activities; 1996 (8 U.S.C. 1365a). ing fraudulent travel documents. Such training shall be developed in consultation with (3) to develop a mechanism that is accept- SEC. 122. SECURE COMMUNICATION. able to the governments of Belize, Guate- the head of the Forensic Document Labora- The Secretary shall, as expeditiously as tory of the Bureau of Immigration and Cus- mala, Mexico, the United States, and other practicable, develop and implement a plan to appropriate countries to notify such a gov- toms Enforcement. improve the use of satellite communications (b) FORENSIC DOCUMENT LABORATORY.—The ernment if an individual suspected of gang and other technologies to ensure clear and activity will be deported to that country Secretary shall provide all Customs and Bor- secure 2-way communication capabilities— der Protection officers with access to the Fo- prior to the deportation and to provide sup- (1) among all Border Patrol agents con- port for the reintegration of such deportees rensic Document Laboratory. ducting operations between ports of entry; (c) ASSESSMENT.— into that country; and (2) between Border Patrol agents and their (1) REQUIREMENT FOR ASSESSMENT.—The In- (4) to develop an agreement to share all respective Border Patrol stations; spector General of the Department shall con- relevant information related to individuals (3) between Border Patrol agents and resi- duct an independent assessment of the accu- connected with Central American gangs. dents in remote areas along the inter- racy and reliability of the Forensic Docu- (d) LIMITATIONS ON ASSISTANCE.—Any funds national land borders of the United States; made available to carry out this section ment Laboratory. and shall be subject to the limitations contained (2) REPORT TO CONGRESS.—Not later than 6 (4) between all appropriate border security in section 551 of the Foreign Operations, Ex- months after the date of the enactment of agencies of the Department and State, local, port Financing, and Related Programs Ap- this Act, the Inspector General shall submit and tribal law enforcement agencies. propriations Act of 2006 (Public Law 109–102; to Congress the findings of the assessment 119 Stat. 2218). SEC. 123. BORDER PATROL TRAINING CAPACITY required by paragraph (1). REVIEW. (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 115. COMBATING HUMAN SMUGGLING. (a) IN GENERAL.—The Comptroller General There are authorized to be appropriated to (a) REQUIREMENT FOR PLAN.—The Sec- the Secretary such sums as may be nec- retary shall develop and implement a plan to of the United States shall conduct a review of the basic training provided to Border Pa- essary for each of fiscal years 2007 through improve coordination between the Bureau of 2011 to carry out this section. Immigration and Customs Enforcement and trol agents by the Secretary to ensure that SEC. 126. IMPROVED DOCUMENT INTEGRITY. the Bureau of Customs and Border Protec- such training is provided as efficiently and cost-effectively as possible. (a) IN GENERAL.—Section 303 of the En- tion of the Department and any other Fed- hanced Border Security and Visa Entry Re- eral, State, local, or tribal authorities, as de- (b) COMPONENTS OF REVIEW.—The review under subsection (a) shall include the fol- form Act of 2002 (8 U.S.C. 1732) is amended— termined appropriate by the Secretary, to (1) by striking ‘‘Attorney General’’ each improve coordination efforts to combat lowing components: (1) An evaluation of the length and content place it appears and inserting ‘‘Secretary of human smuggling. Homeland Security’’; (b) CONTENT.—In developing the plan re- of the basic training curriculum provided to (2) in the heading, by striking ‘‘entry and exit quired by subsection (a), the Secretary shall new Border Patrol agents by the Federal documents’’ and inserting ‘‘travel and entry docu- consider— Law Enforcement Training Center, including ments and evidence of status’’; (1) the interoperability of databases uti- a description of how such curriculum has (3) in subsection (b)(1)— lized to prevent human smuggling; changed since September 11, 2001, and an (A) by striking ‘‘Not later than October 26, (2) adequate and effective personnel train- evaluation of language and cultural diversity 2004, the’’ and inserting ‘‘The’’; and ing; training programs provided within such cur- (B) by striking ‘‘visas and’’ both places it (3) methods and programs to effectively riculum. appears and inserting ‘‘visas, evidence of sta- target networks that engage in such smug- (2) A review and a detailed breakdown of tus, and’’; gling; the costs incurred by the Bureau of Customs (4) by redesignating subsection (d) as sub- (4) effective utilization of— and Border Protection and the Federal Law section (e); and (A) visas for victims of trafficking and Enforcement Training Center to train 1 new (5) by inserting after subsection (c) the fol- other crimes; and Border Patrol agent. (3) A comparison, based on the review and lowing: (B) investigatory techniques, equipment, ‘‘(d) OTHER DOCUMENTS.—Not later than breakdown under paragraph (2), of the costs, and procedures that prevent, detect, and October 26, 2007, every document, other than effectiveness, scope, and quality, including prosecute international money laundering an interim document, issued by the Sec- geographic characteristics, with other simi- and other operations that are utilized in retary of Homeland Security, which may be smuggling; lar training programs provided by State and used as evidence of an alien’s status as an (5) joint measures, with the Secretary of local agencies, nonprofit organizations, uni- immigrant, nonimmigrant, parolee, asylee, State, to enhance intelligence sharing and versities, and the private sector. or refugee, shall be machine-readable and cooperation with foreign governments whose (4) An evaluation of whether utilizing com- tamper-resistant, and shall incorporate a bi- citizens are preyed on by human smugglers; parable non-Federal training programs, pro- ometric identifier to allow the Secretary of and ficiency testing, and long-distance learning Homeland Security to verify electronically (6) other measures that the Secretary con- programs may affect— the identity and status of the alien.’’. (A) the cost-effectiveness of increasing the siders appropriate to combating human SEC. 127. CANCELLATION OF VISAS. smuggling. number of Border Patrol agents trained per Section 222(g) (8 U.S.C. 1202(g)) is amend- (c) REPORT.—Not later than 1 year after year; ed— implementing the plan described in sub- (B) the per agent costs of basic training; (1) in paragraph (1)— section (a), the Secretary shall submit to and (A) by striking ‘‘Attorney General’’ and in- Congress a report on such plan, including (C) the scope and quality of basic training serting ‘‘Secretary of Homeland Security’’; any recommendations for legislative action needed to fulfill the mission and duties of a and to improve efforts to combating human Border Patrol agent. (B) by inserting ‘‘and any other non- smuggling. SEC. 124. US-VISIT SYSTEM. immigrant visa issued by the United States AVINGS PROVISION.—Nothing in this (d) S Not later than 6 months after the date of that is in the possession of the alien’’ after section may be construed to provide addi- the enactment of this Act, the Secretary, in ‘‘such visa’’; and tional authority to any State or local entity consultation with the heads of other appro- (2) in paragraph (2)(A), by striking ‘‘(other to enforce Federal immigration laws. priate Federal agencies, shall submit to Con- than the visa described in paragraph (1)) Subtitle C—Other Border Security Initiatives gress a schedule for— issued in a consular office located in the SEC. 121. BIOMETRIC DATA ENHANCEMENTS. (1) equipping all land border ports of entry country of the alien’s nationality’’ and in- Not later than October 1, 2007, the Sec- of the United States with the U.S.-Visitor serting ‘‘(other than a visa described in para- retary shall— and Immigrant Status Indicator Technology graph (1)) issued in a consular office located (1) in consultation with the Attorney Gen- (US-VISIT) system implemented under sec- in the country of the alien’s nationality or eral, enhance connectivity between the tion 110 of the Illegal Immigration Reform foreign residence’’. Automated Biometric Fingerprint Identifica- and Immigrant Responsibility Act of 1996 (8 SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. tion System (IDENT) of the Department and U.S.C. 1365a); (a) COLLECTION OF BIOMETRIC DATA FROM the Integrated Automated Fingerprint Iden- (2) developing and deploying at such ports ALIENS DEPARTING THE UNITED STATES.—Sec- tification System (IAFIS) of the Federal Bu- of entry the exit component of the US-VISIT tion 215 (8 U.S.C. 1185) is amended— reau of Investigation to ensure more expedi- system; and (1) by redesignating subsection (c) as sub- tious data searches; and (3) making interoperable all immigration section (g); (2) in consultation with the Secretary of screening systems operated by the Sec- (2) by moving subsection (g), as redesig- State, collect all fingerprints from each retary. nated by paragraph (1), to the end; and

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2618 CONGRESSIONAL RECORD — SENATE March 30, 2006 (3) by inserting after subsection (b) the fol- (1) an assessment of the necessity of con- (1) not later than 60 days after the date of lowing: structing such a system, including the iden- the initiation of the action; and ‘‘(c) The Secretary of Homeland Security is tification of areas of high priority for the (2) upon the conclusion of the performance authorized to require aliens departing the construction of such a system determined of the contract. United States to provide biometric data and after consideration of factors including the (b) INSPECTOR GENERAL.— other information relating to their immigra- amount of narcotics trafficking and the (1) ACTION.—If the Inspector General be- tion status.’’. number of illegal immigrants apprehended in comes aware of any improper conduct or (b) INSPECTION OF APPLICANTS FOR ADMIS- such areas; wrongdoing in the course of conducting a SION.—Section 235(d) (8 U.S.C. 1225(d)) is (2) an assessment of the feasibility of con- contract review under subsection (a), the In- amended by adding at the end the following: structing such a system; spector General shall, as expeditiously as ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC (3) an assessment of the international, na- practicable, refer information relating to DATA.—In conducting inspections under sub- tional, and regional environmental impact of such improper conduct or wrongdoing to the section (b), immigration officers are author- such a system, including the impact on zon- Secretary, or to another appropriate official ized to collect biometric data from— ing, global climate change, ozone depletion, of the Department, who shall determine ‘‘(A) any applicant for admission or alien biodiversity loss, and transboundary pollu- whether to temporarily suspend the con- seeking to transit through the United tion; tractor from further participation in the Se- States; or (4) an assessment of the necessity for ports cure Border Initiative. ‘‘(B) any lawful permanent resident who is of entry along such a system; (2) REPORT.—Upon the completion of each entering the United States and who is not re- (5) an assessment of the impact such a sys- review described in subsection (a), the In- garded as seeking admission pursuant to sec- tem would have on international trade, com- spector General shall submit to the Sec- tion 101(a)(13)(C).’’. merce, and tourism; retary a report containing the findings of the (c) COLLECTION OF BIOMETRIC DATA FROM (6) an assessment of the effect of such a review, including findings regarding— ALIEN CREWMEN.—Section 252 (8 U.S.C. 1282) system on private property rights including (A) cost overruns; is amended by adding at the end the fol- issues of eminent domain and riparian (B) significant delays in contract execu- lowing: rights; tion; ‘‘(d) An immigration officer is authorized (7) an estimate of the costs associated with (C) lack of rigorous departmental contract to collect biometric data from an alien crew- building a barrier system, including costs as- management; man seeking permission to land temporarily sociated with excavation, construction, and (D) insufficient departmental financial in the United States.’’. maintenance; oversight; (d) GROUNDS OF INADMISSIBILITY.—Section (8) an assessment of the effect of such a (E) bundling that limits the ability of 212 (8 U.S.C. 1182) is amended— system on Indian reservations and units of small businesses to compete; or (1) in subsection (a)(7), by adding at the the National Park System; and (F) other high risk business practices. end the following: (9) an assessment of the necessity of con- (c) REPORTS BY THE SECRETARY.— ‘‘(C) WITHHOLDERS OF BIOMETRIC DATA.— structing such a system after the implemen- (1) IN GENERAL.—Not later than 30 days Any alien who knowingly fails to comply tation of provisions of this Act relating to after the receipt of each report required with a lawful request for biometric data guest workers, visa reform, and interior and under subsection (b)(2), the Secretary shall under section 215(c) or 235(d) is inadmis- worksite enforcement, and the likely effect submit a report, to the Committee on the sible.’’; and of such provisions on undocumented immi- Judiciary of the Senate and the Committee (2) in subsection (d), by inserting after gration and the flow of illegal immigrants on the Judiciary of the House of Representa- paragraph (1) the following: tives, that describes— across the international border of the United ‘‘(2) The Secretary of Homeland Security (A) the findings of the report received from States; shall determine whether a ground for inad- the Inspector General; and (10) an assessment of the impact of such a missibility exists with respect to an alien de- (B) the steps the Secretary has taken, or system on diplomatic relations between the scribed in subparagraph (C) of subsection plans to take, to address the problems iden- United States and Mexico, Central America, (a)(7) and may waive the application of such tified in such report. and South America, including the likely im- subparagraph for an individual alien or a (2) CONTRACTS WITH FOREIGN COMPANIES.— pact of such a system on existing and poten- class of aliens, at the discretion of the Sec- Not later than 60 days after the initiation of tial areas of bilateral and multilateral coop- retary.’’. each contract action with a company whose erative enforcement efforts; (e) IMPLEMENTATION.—Section 7208 of the 9/ headquarters is not based in the United (11) an assessment of the impact of such a 11 Commission Implementation Act of 2004 (8 States, the Secretary shall submit a report U.S.C. 1365b) is amended— system on the quality of life within border to the Committee on the Judiciary of the (1) in subsection (c), by adding at the end communities in the United States and Mex- Senate and the Committee on the Judiciary the following: ico, including its impact on noise and light of the House of Representatives, regarding pollution, housing, transportation, security, ‘‘(3) IMPLEMENTATION.—In fully imple- the Secure Border Initiative. menting the automated biometric entry and and environmental health; (d) REPORTS ON UNITED STATES PORTS.— exit data system under this section, the Sec- (12) an assessment of the likelihood that Not later that 30 days after receiving infor- retary is not required to comply with the re- such a system would lead to increased viola- mation regarding a proposed purchase of a quirements of chapter 5 of title 5, United tions of the human rights, health, safety, or contract to manage the operations of a States Code (commonly referred to as the civil rights of individuals in the region near United States port by a foreign entity, the Administrative Procedure Act) or any other the southern international border of the Committee on Foreign Investment in the law relating to rulemaking, information col- United States, regardless of the immigration United States shall submit a report to Con- lection, or publication in the Federal Reg- status of such individuals; gress that describes— ister.’’; and (13) an assessment of the effect such a sys- (1) the proposed purchase; (2) in subsection (l)— tem would have on violence near the south- (2) any security concerns related to the (A) by striking ‘‘There are authorized’’ and ern international border of the United proposed purchase; and inserting the following: States; and (3) the manner in which such security con- (14) an assessment of the effect of such a cerns have been addressed. ‘‘(1) IN GENERAL.—There are authorized’’; (e) AUTHORIZATION OF APPROPRIATIONS.—In and system on the vulnerability of the United addition to amounts that are otherwise au- (B) by adding at the end the following: States to infiltration by terrorists or other agents intending to inflict direct harm on thorized to be appropriated to the Office of ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER the United States. the Inspector General of the Department, PORTS OF ENTRY.—There are authorized to be (b) REPORT.—Not later than 9 months after there are authorized to be appropriated to appropriated such sums as may be necessary the date of the enactment of this Act, the the Office, to enable the Office to carry out for each of fiscal years 2007 and 2008 to imple- Secretary shall submit to Congress a report this section— ment the automated biometric entry and on the study described in subsection (a). (1) for fiscal year 2007, not less than 5 per- exit data system at all land border ports of SEC. 130. SECURE BORDER INITIATIVE FINAN- cent of the overall budget of the Office for entry.’’. CIAL ACCOUNTABILITY. such fiscal year; SEC. 129. BORDER STUDY. (a) IN GENERAL.—The Inspector General of (2) for fiscal year 2008, not less than 6 per- (a) SOUTHERN BORDER STUDY.—The Sec- the Department shall review each contract cent of the overall budget of the Office for retary, in consultation with the Attorney action relating to the Secure Border Initia- such fiscal year; and General, the Secretary of the Interior, the tive having a value of more than $20,000,000, (3) for fiscal year 2009, not less than 7 per- Secretary of Agriculture, the Secretary of to determine whether each such action fully cent of the overall budget of the Office for Defense, the Secretary of Commerce, and the complies with applicable cost requirements, such fiscal year. Administrator of the Environmental Protec- performance objectives, program milestones, SEC. 131. MANDATORY DETENTION FOR ALIENS tion Agency, shall conduct a study on the inclusion of small, minority, and women- APPREHENDED AT OR BETWEEN construction of a system of physical barriers owned business, and time lines. The Inspec- PORTS OF ENTRY. along the southern international land and tor General shall complete a review under (a) IN GENERAL.—Beginning on October 1, maritime border of the United States. The this subsection with respect to each contract 2007, an alien (other than a national of Mex- study shall include— action— ico) who is attempting to illegally enter the

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2619 United States and who is apprehended at a section (a), and 1 or more of such persons do SEC. 143. DIRECTIVE TO THE UNITED STATES United States port of entry or along the any act to effect the object of the con- SENTENCING COMMISSION. international land and maritime border of spiracy, each shall be punishable as a prin- (a) IN GENERAL.—Pursuant to its authority the United States shall be detained until re- cipal, except that the sentence of death may under section 994 of title 28, United States moved or a final decision granting admission not be imposed. Code, and in accordance with this section, has been determined, unless the alien— ‘‘(d) PRIMA FACIE EVIDENCE.—For the pur- the United States Sentencing Commission (1) is permitted to withdraw an application poses of seizure and forfeiture under applica- shall promulgate or amend sentencing guide- for admission under section 235(a)(4) of the ble law, in the case of use of a vehicle or lines to provide for increased penalties for Immigration and Nationality Act (8 U.S.C. other conveyance in the commission of this persons convicted of offenses described in 1225(a)(4)) and immediately departs from the offense, or in the case of disregarding or dis- section 554 of title 18, United States Code, as United States pursuant to such section; or obeying the lawful authority or command of added by section 132. (2) is paroled into the United States by the any officer or employee of the United States (b) REQUIREMENTS.—In carrying out this Secretary for urgent humanitarian reasons under section 111(b) of this title, such con- section, the United States Sentencing Com- or significant public benefit in accordance duct shall constitute prima facie evidence of mission shall— with section 212(d)(5)(A) of such Act (8 U.S.C. smuggling aliens or merchandise.’’. (1) ensure that the sentencing guidelines, 1182(d)(5)(A)). (b) CONFORMING AMENDMENT.—The table of policy statements, and official commentary (b) REQUIREMENTS DURING INTERIM PE- sections for chapter 27 of title 18, United reflect the serious nature of the offenses de- RIOD.—Beginning 60 days after the date of States Code, is amended by inserting at the scribed in section 554 of title 18, United the enactment of this Act and before October end: States Code, and the need for aggressive and 1, 2007, an alien described in subsection (a) ‘‘554. Evasion of inspection or during viola- appropriate law enforcement action to pre- may be released with a notice to appear only tion of arrival, reporting, entry, vent such offenses; if— or clearance requirements.’’. (2) provide adequate base offense levels for (1) the Secretary determines, after con- (c) FAILURE TO OBEY BORDER ENFORCEMENT offenses under such section; ducting all appropriate background and secu- OFFICERS.—Section 111 of title 18, United (3) account for any aggravating or miti- rity checks on the alien, that the alien does States Code, is amended by inserting after gating circumstances that might justify ex- not pose a national security risk; and subsection (b) the following: ceptions, including— (2) the alien provides a bond of not less ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF (A) the use of a tunnel or passage described than $5,000. BORDER ENFORCEMENT OFFICERS.—Whoever in subsection (a) of such section to facilitate (c) RULES OF CONSTRUCTION.— willfully disregards or disobeys the lawful other felonies; and (1) ASYLUM AND REMOVAL.—Nothing in this authority or commend of any officer or em- (B) the circumstances for which the sen- section shall be construed as limiting the ployee of the United States charged with en- tencing guidelines currently provide applica- right of an alien to apply for asylum or for forcing the immigration, customs, or other ble sentencing enhancements; relief or deferral of removal based on a fear laws of the United States while engaged in, (4) ensure reasonable consistency with of persecution. or on account of, the performance of official other relevant directives, other sentencing (2) TREATMENT OF CERTAIN ALIENS.—The duties shall be fined under this title or im- guidelines, and statutes; mandatory detention requirement in sub- prisoned for not more than 5 years, or (5) make any necessary and conforming section (a) does not apply to any alien who is both.’’. changes to the sentencing guidelines and pol- a native or citizen of a country in the West- Subtitle D—Border Tunnel Prevention Act icy statements; and ern Hemisphere with whose government the (6) ensure that the sentencing guidelines United States does not have full diplomatic SEC. 141. SHORT TITLE. adequately meet the purposes of sentencing This subtitle may be cited as the ‘‘Border relations. set forth in section 3553(a)(2) of title 18, Tunnel Prevention Act’’. (3) DISCRETION.—Nothing in this section United States Code. shall be construed as limiting the authority SEC. 142. CONSTRUCTION OF BORDER TUNNEL TITLE II—INTERIOR ENFORCEMENT of the Secretary, in the Secretary’s sole OR PASSAGE. unreviewable discretion, to determine (a) IN GENERAL.—Chapter 27 of title 18, SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO whether an alien described in clause (ii) of United States Code, is amended by adding at TERRORIST ALIENS. section 235(b)(1)(B) of the Immigration and the end the following: (a) ASYLUM.—Section 208(b)(2)(A)(v) (8 Nationality Act shall be detained or released ‘‘§ 554. Border tunnels and passages U.S.C. 1158(b)(2)(A)(v)) is amended by strik- after a finding of a credible fear of persecu- ‘‘(a) Any person who knowingly constructs ing ‘‘or (VI)’’ and inserting ‘‘(V), (VI), (VII), tion (as defined in clause (v) of such section). or finances the construction of a tunnel or or (VIII)’’. SEC. 132. EVASION OF INSPECTION OR VIOLA- subterranean passage that crosses the inter- (b) CANCELLATION OF REMOVAL.—Section TION OF ARRIVAL, REPORTING, national border between the United States 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended— ENTRY, OR CLEARANCE REQUIRE- and another country, other than a lawfully (1) by striking ‘‘inadmissible under’’ and MENTS. authorized tunnel or passage known to the inserting ‘‘described in’’; and (a) IN GENERAL.—Chapter 27 of title 18, Secretary of Homeland Security and subject (2) by striking ‘‘deportable under’’ and in- United States Code, is amended by adding at to inspection by the Bureau of Immigration serting ‘‘described in’’. the end the following: and Customs Enforcement, shall be fined (c) VOLUNTARY DEPARTURE.—Section ‘‘§ 554. Evasion of inspection or during viola- under this title and imprisoned for not more 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is tion of arrival, reporting, entry, or clear- than 20 years. amended by striking ‘‘deportable under sec- ance requirements ‘‘(b) Any person who knows or recklessly tion 237(a)(2)(A)(iii) or section 237(a)(4)’’ and ‘‘(a) PROHIBITION.—A person shall be pun- disregards the construction or use of a tun- inserting ‘‘described in paragraph (2)(A)(iii) ished as described in subsection (b) if such nel or passage described in subsection (a) on or (4) of section 237(a)’’. person attempts to elude or eludes customs, land that the person owns or controls shall (d) RESTRICTION ON REMOVAL.—Section immigration, or agriculture inspection or be fined under this title and imprisoned for 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amend- fails to stop at the command of an officer or not more than 10 years. ed— employee of the United States charged with ‘‘(c) Any person who uses a tunnel or pas- (1) in clause (iii), by striking ‘‘or’’ at the enforcing the immigration, customs, or sage described in subsection (a) to unlaw- end; other laws of the United States at a port of fully smuggle an alien, goods (in violation of (2) in clause (iv) by striking the period at entry or customs or immigration check- section 545), controlled substances, weapons the end and inserting ‘‘; or’’; point; of mass destruction (including biological (3) by inserting after clause (iv) the fol- ‘‘(b) PENALTIES.—A person who commits an weapons), or a member of a terrorist organi- lowing: offense described in subsection (a) shall be— zation (as defined in section 212(a)(3)(B)(vi) ‘‘(v) the alien is described in section ‘‘(1) fined under this title; of the Immigration and Nationality Act (8 237(a)(4)(B) (other than an alien described in ‘‘(2)(A) imprisoned for not more than 3 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a section 212(a)(3)(B)(i)(IV) if the Secretary of years, or both; maximum term of imprisonment that is Homeland Security determines that there ‘‘(B) imprisoned for not more than 10 twice the maximum term of imprisonment are not reasonable grounds for regarding the years, or both, if in commission of this viola- that would have otherwise been applicable alien as a danger to the security of the tion, attempts to inflict or inflicts bodily in- had the unlawful activity not made use of United States).’’; and jury (as defined in section 1365(g) of this such a tunnel or passage.’’. (4) in the undesignated paragraph, by title); or (b) CLERICAL AMENDMENT.—The table of striking ‘‘For purposes of clause (iv), an ‘‘(C) imprisoned for any term of years or sections for chapter 27 of title 18, United alien who is described in section 237(a)(4)(B) for life, or both, if death results, and may be States Code, is amended by adding at the end shall be considered to be an alien with re- sentenced to death; or the following: spect to whom there are reasonable grounds ‘‘(3) both fined and imprisoned under this ‘‘Sec. 554. Border tunnels and passages.’’. for regarding as a danger to the security of subsection. (c) CRIMINAL FORFEITURE.—Section the United States.’’. ‘‘(c) CONSPIRACY.—If 2 or more persons con- 982(a)(6) of title 18, United States Code, is (e) RECORD OF ADMISSION.—Section 249 (8 spire to commit an offense described in sub- amended by inserting ‘‘554,’’ before ‘‘1425,’’. U.S.C. 1259) is amended to read as follows:

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2620 CONGRESSIONAL RECORD — SENATE March 30, 2006 ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMA- migration Appeals, or an immigration judge the Secretary’s discretion and without any NENT RESIDENCE IN THE CASE OF orders a stay of removal of an alien who is limitations other than those specified in this CERTAIN ALIENS WHO ENTERED subject to an administrative final order of section, may detain an alien beyond the 90- THE UNITED STATES PRIOR TO JAN- removal, the Secretary, in the exercise of UARY 1, 1972. day period authorized under subparagraph discretion, may detain the alien during the ‘‘A record of lawful admission for perma- (D) until the alien is removed, if the Sec- pendency of such stay of removal.’’; nent residence may be made, in the discre- retary— (E) in paragraph (3), by amending subpara- tion of the Secretary of Homeland Security ‘‘(i) determines that there is a significant graph (D) to read as follows: and under such regulations as the Secretary likelihood that the alien will be removed in ‘‘(D) to obey reasonable restrictions on the may prescribe, for any alien, as of the date of the reasonably foreseeable future; or alien’s conduct or activities, or to perform the approval of the alien’s application or, if ‘‘(ii) certifies in writing— affirmative acts, that the Secretary pre- entry occurred before July 1, 1924, as of the ‘‘(I) in consultation with the Secretary of scribes for the alien— date of such entry if no such record is other- Health and Human Services, that the alien ‘‘(i) to prevent the alien from absconding; wise available, if the alien establishes that has a highly contagious disease that poses a ‘‘(ii) for the protection of the community; threat to public safety; the alien— or ‘‘(II) after receipt of a written rec- ‘‘(1) is not described in section 212(a)(3)(E) ‘‘(iii) for other purposes related to the en- or in section 212(a) (insofar as it relates to forcement of the immigration laws.’’; ommendation from the Secretary of State, criminals, procurers, other immoral persons, (F) in paragraph (6), by striking ‘‘removal that the release of the alien would likely subversives, violators of the narcotics laws, period and, if released,’’ and inserting ‘‘re- have serious adverse foreign policy con- or smugglers of aliens); moval period, in the discretion of the Sec- sequences for the United States; ‘‘(2) entered the United States before Janu- retary, without any limitations other than ‘‘(III) based on information available to the ary 1, 1972; those specified in this section, until the alien Secretary (including classified, sensitive, or ‘‘(3) has resided in the United States con- is removed. If an alien is released, the alien’’; national security information, and regard- tinuously since such entry; (G) by redesignating paragraph (7) as para- less of the grounds upon which the alien was ‘‘(4) is a person of good moral character; graph (10); and ordered removed), that there is reason to be- ‘‘(5) is not ineligible for citizenship; and (H) by inserting after paragraph (6) the fol- lieve that the release of the alien would ‘‘(6) is not described in section lowing: threaten the national security of the United 237(a)(4)(B).’’. ‘‘(7) PAROLE.—If an alien detained pursuant States; (f) EFFECTIVE DATE AND APPLICATION.—The to paragraph (6) is an applicant for admis- ‘‘(IV) that— amendments made by this section shall— sion, the Secretary of Homeland Security, in ‘‘(aa) the release of the alien would threat- (1) take effect on the date of the enactment the Secretary’s discretion, may parole the en the safety of the community or any per- of this Act; and alien under section 212(d)(5) and may pro- son, and conditions of release cannot reason- (2) apply to any act or condition consti- vide, notwithstanding section 212(d)(5), that ably be expected to ensure the safety of the tuting a ground for inadmissibility, exclud- the alien shall not be returned to custody community or any person; and ability, or removal occurring or existing on unless either the alien violates the condi- ‘‘(bb) the alien— or after the date of the enactment of this tions of the alien’s parole or the alien’s re- ‘‘(AA) has been convicted of 1 or more ag- Act. moval becomes reasonably foreseeable, pro- gravated felonies (as defined in section SEC. 202. DETENTION AND REMOVAL OF ALIENS vided that in no circumstance shall such 101(a)(43)(A)), or of 1 or more attempts or ORDERED REMOVED. alien be considered admitted. conspiracies to commit any such aggravated (a) IN GENERAL.— ‘‘(8) ADDITIONAL RULES FOR DETENTION OR felonies for an aggregate term of imprison- (1) AMENDMENTS.—Section 241(a) (8 U.S.C. RELEASE OF ALIENS.—The following proce- ment of at least 5 years; or 1231(a)) is amended— dures shall apply to an alien detained under ‘‘(BB) has committed a crime of violence (A) by striking ‘‘Attorney General’’ the this section: (as defined in section 16 of title 18, United first place it appears and inserting ‘‘Sec- ‘‘(A) DETENTION REVIEW PROCESS FOR States Code, but not including a purely po- retary of Homeland Security’’; ALIENS WHO HAVE EFFECTED AN ENTRY AND litical offense) and, because of a mental con- (B) by striking ‘‘Attorney General’’ any FULLY COOPERATE WITH REMOVAL.—The Sec- dition or personality disorder and behavior other place it appears and inserting ‘‘Sec- retary of Homeland Security shall establish associated with that condition or disorder, is retary’’; an administrative review process to deter- likely to engage in acts of violence in the fu- (C) in paragraph (1)— mine whether an alien described in subpara- ture; or (i) in subparagraph (B), by amending clause graph (B) should be detained or released ‘‘(V) that— (ii) to read as follows: after the removal period in accordance with ‘‘(aa) the release of the alien would threat- ‘‘(ii) If a court, the Board of Immigration this paragraph. en the safety of the community or any per- Appeals, or an immigration judge orders a ‘‘(B) ALIEN DESCRIBED.—An alien is de- son, notwithstanding conditions of release stay of the removal of the alien, the expira- scribed in this subparagraph if the alien— designed to ensure the safety of the commu- tion date of the stay of removal.’’. ‘‘(i) has effected an entry into the United nity or any person; and (ii) by amending subparagraph (C) to read States; ‘‘(bb) the alien has been convicted of 1 or as follows: ‘‘(ii) has made all reasonable efforts to more aggravated felonies (as defined in sec- ‘‘(C) EXTENSION OF PERIOD.—The removal comply with the alien’s removal order; period shall be extended beyond a period of ‘‘(iii) has cooperated fully with the Sec- tion 101(a)(43)) for which the alien was sen- 90 days and the alien may remain in deten- retary’s efforts to establish the alien’s iden- tenced to an aggregate term of imprison- tion during such extended period if the alien tity and to carry out the removal order, in- ment of not less than 1 year. fails or refuses to— cluding making timely application in good ‘‘(F) ADMINISTRATIVE REVIEW PROCESS.— ‘‘(i) make all reasonable efforts to comply faith for travel or other documents nec- The Secretary, without any limitations with the removal order; or essary for the alien’s departure; and other than those specified in this section, ‘‘(ii) fully cooperate with the Secretary’s ‘‘(iv) has not conspired or acted to prevent may detain an alien pending a determination efforts to establish the alien’s identity and removal. under subparagraph (E)(ii), if the Secretary carry out the removal order, including fail- ‘‘(C) EVIDENCE.—In making a determina- has initiated the administrative review proc- ing to make timely application in good faith tion under subparagraph (A), the Secretary— ess identified in subparagraph (A) not later for travel or other documents necessary to ‘‘(i) shall consider any evidence submitted than 30 days after the expiration of the re- the alien’s departure, or conspiring or acting by the alien; moval period (including any extension of the to prevent the alien’s removal.’’; and ‘‘(ii) may consider any other evidence, in- removal period under paragraph (1)(C)). (iii) by adding at the end the following: cluding— ‘‘(G) RENEWAL AND DELEGATION OF CERTIFI- ‘‘(D) TOLLING OF PERIOD.—If, at the time ‘‘(I) any information or assistance provided CATION.— described in subparagraph (B), the alien is by the Department of State or other Federal ‘‘(i) RENEWAL.—The Secretary may renew a not in the custody of the Secretary under agency; and certification under subparagraph (E)(ii) the authority of this Act, the removal period ‘‘(II) any other information available to every 6 months, without limitation, after shall not begin until the alien is taken into the Secretary pertaining to the ability to re- providing the alien with an opportunity to such custody. If the Secretary lawfully move the alien. request reconsideration of the certification transfers custody of the alien during the re- ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS BE- and to submit documents or other evidence moval period to another Federal agency or YOND REMOVAL PERIOD.—The Secretary, in in support of that request. If the Secretary to a State or local government agency in the exercise of the Secretary’s discretion and does not renew such certification, the Sec- connection with the official duties of such without any limitations other than those retary shall release the alien, pursuant to agency, the removal period shall be tolled, specified in this section, may detain an alien subparagraph (H). and shall recommence on the date on which for 90 days beyond the removal period (in- ‘‘(ii) DELEGATION.—Notwithstanding any the alien is returned to the custody of the cluding any extension of the removal period other provision of law, the Secretary may Secretary.’’; under paragraph (1)(C)). not delegate the authority to make or renew (D) in paragraph (2), by adding at the end ‘‘(E) AUTHORITY TO DETAIN FOR ADDITIONAL a certification described in subclause (II), the following: ‘‘If a court, the Board of Im- PERIOD.—The Secretary, in the exercise of (III), or (V) of subparagraph (E)(ii) to any

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employee reporting to the Assistant Sec- (ii) any act or condition occurring or exist- (b) EFFECTIVE DATE AND APPLICATION.— retary for Immigration and Customs En- ing before, on, or after the date of the enact- (1) IN GENERAL.—The amendments made by forcement. ment of this Act. subsection (a) shall— ‘‘(iii) HEARING.—The Secretary may re- (b) CRIMINAL DETENTION OF ALIENS.—Sec- (A) take effect on the date of the enact- quest that the Attorney General, or a des- tion 3142 of title 18, United States Code, is ment of this Act; and ignee of the Attorney General, provide for a amended— (B) apply to any act that occurred on or hearing to make the determination described (1) in subsection (e)— after the date of the enactment of this Act. in subparagraph (E)(ii)(IV)(bb)(BB). (A) by redesignating paragraphs (1), (2), (2) APPLICATION OF IIRAIRA AMENDMENTS.— ‘‘(H) RELEASE ON CONDITIONS.—If it is deter- and (3) as subparagraphs (A), (B), and (C), re- The amendments to section 101(a)(43) of the mined that an alien should be released from spectively; Immigration and Nationality Act made by detention, the Secretary may, in the Sec- (B) by inserting ‘‘(1)’’ before ‘‘If, after a section 321 of the Illegal Immigration Re- retary’s discretion, impose conditions on re- hearing’’; form and Immigrant Responsibility Act of lease in accordance with the regulations pre- (C) in subparagraphs (B) and (C), as redes- 1996 (division C of Public Law 104-208; 110 scribed pursuant to paragraph (3). ignated, by striking ‘‘paragraph (1)’’ and in- Stat. 3009-627) shall continue to apply, ‘‘(I) REDETENTION.—The Secretary, without serting ‘‘subparagraph (A)’’; and whether the conviction was entered before, any limitations other than those specified in (D) by adding after subparagraph (C), as re- on, or after September 30, 1996. this section, may detain any alien subject to designated, the following: SEC. 204. TERRORIST BARS. a final removal order who has previously ‘‘(2) Subject to rebuttal by the person, it (a) DEFINITION OF GOOD MORAL CHAR- been released from custody if— shall be presumed that no condition or com- ACTER.—Section 101(f) (8 U.S.C. 1101(f)) is ‘‘(i) the alien fails to comply with the con- bination of conditions will reasonably assure amended— ditions of release; the appearance of the person as required if (1) by inserting after paragraph (1) the fol- ‘‘(ii) the alien fails to continue to satisfy the judicial officer finds that there is prob- lowing: the conditions described in subparagraph (B); able cause to believe that the person— ‘‘(2) an alien described in section 212(a)(3) or ‘‘(A) is an alien; and or 237(a)(4), as determined by the Secretary ‘‘(iii) upon reconsideration, the Secretary ‘‘(B)(i) has no lawful immigration status in of Homeland Security or Attorney General determines that the alien can be detained the United States; under subparagraph (E). based upon any relevant information or evi- ‘‘(ii) is the subject of a final order of re- dence, including classified, sensitive, or na- ‘‘(J) APPLICABILITY.—This paragraph and moval; or tional security information;’’; paragraphs (6) and (7) shall apply to any ‘‘(iii) has committed a felony offense under alien returned to custody under subpara- (2) in paragraph (8), by striking ‘‘(as de- section 911, 922(g)(5), 1015, 1028, 1425, or 1426 of fined in subsection (a)(43))’’ and inserting the graph (I) as if the removal period terminated this title, chapter 75 or 77 of this title, or on the day of the redetention. following: ‘‘, regardless of whether the crime section 243, 274, 275, 276, 277, or 278 of the Im- was defined as an aggravated felony under ‘‘(K) DETENTION REVIEW PROCESS FOR migration and Nationality Act (8 U.S.C. 1253, ALIENS WHO HAVE EFFECTED AN ENTRY AND subsection (a)(43) at the time of the convic- 1324, 1325, 1326, 2327, and 1328).’’; and tion, unless— FAIL TO COOPERATE WITH REMOVAL.—The Sec- (2) in subsection (g)(3)— retary shall detain an alien until the alien ‘‘(A) the person completed the term of im- (A) in subparagraph (A), by striking ‘‘and’’ makes all reasonable efforts to comply with prisonment and sentence not later than 10 at the end; and a removal order and to cooperate fully with years before the date of application; and (B) by adding at the end the following: the Secretary’s efforts, if the alien— ‘‘(B) the Secretary of Homeland Security ‘‘(C) the person’s immigration status; ‘‘(i) has effected an entry into the United or the Attorney General waives the applica- and’’. States; and tion of this paragraph; or’’; and ‘‘(ii)(I) and the alien faces a significant SEC. 203. AGGRAVATED FELONY. (3) in the undesignated matter following likelihood that the alien will be removed in (a) DEFINITION OF AGGRAVATED FELONY.— paragraph (9), by striking ‘‘a finding that for the reasonably foreseeable future, or would Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is other reasons such person is or was not of have been removed if the alien had not— amended— good moral character’’ and inserting the fol- ‘‘(aa) failed or refused to make all reason- (1) by striking ‘‘The term ‘aggravated fel- lowing: ‘‘a discretionary finding for other able efforts to comply with a removal order; ony’ means—’’ and inserting ‘‘Notwith- reasons that such a person is or was not of ‘‘(bb) failed or refused to fully cooperate standing any other provision of law (except good moral character. In determining an ap- with the Secretary’s efforts to establish the for the provision providing an effective date plicant’s moral character, the Secretary of alien’s identity and carry out the removal for section 203 of the Comprehensive Reform Homeland Security and the Attorney Gen- order, including the failure to make timely Act of 2006), the term ‘aggravated felony’ ap- eral may take into consideration the appli- application in good faith for travel or other plies to an offense described in this para- cant’s conduct and acts at any time and are documents necessary to the alien’s depar- graph, whether in violation of Federal or not limited to the period during which good ture; or State law and to such an offense in violation moral character is required.’’. ‘‘(cc) conspired or acted to prevent re- of the law of a foreign country, for which the (b) PENDING PROCEEDINGS.—Section 204(b) moval; or term of imprisonment was completed within (8 U.S.C. 1154(b)) is amended by adding at the ‘‘(II) the Secretary makes a certification the previous 15 years, even if the length of end the following: ‘‘A petition may not be as specified in subparagraph (E), or the re- the term of imprisonment is based on recidi- approved under this section if there is any newal of a certification specified in subpara- vist or other enhancements and regardless of administrative or judicial proceeding graph (G). whether the conviction was entered before, (whether civil or criminal) pending against ‘‘(L) DETENTION REVIEW PROCESS FOR ALIENS on, or after September 30, 1996, and means— the petitioner that could directly or indi- WHO HAVE NOT EFFECTED AN ENTRY.—Except ’’; rectly result in the petitioner’s as otherwise provided in this subparagraph, (2) in subparagraph (A), by striking ‘‘mur- denaturalization or the loss of the peti- the Secretary shall follow the guidelines es- der, rape, or sexual abuse of a minor;’’ and tioner’s lawful permanent resident status.’’. tablished in section 241.4 of title 8, Code of inserting ‘‘murder, rape, or sexual abuse of a (c) CONDITIONAL PERMANENT RESIDENT STA- Federal Regulations, when detaining aliens minor, whether or not the minority of the TUS.— who have not effected an entry. The Sec- victim is established by evidence contained (1) IN GENERAL.—Section 216(e) (8 U.S.C. retary may decide to apply the review proc- in the record of conviction or by evidence ex- 1186a(e)) is amended by inserting ‘‘if the ess outlined in this paragraph. trinsic to the record of conviction;’’; alien has had the conditional basis removed ‘‘(9) JUDICIAL REVIEW.—Without regard to (3) in subparagraph (N), by striking ‘‘para- pursuant to this section’’ before the period the place of confinement, judicial review of graph (1)(A) or (2) of’’; at the end. any action or decision made pursuant to (4) in subparagraph (O), by striking ‘‘sec- (2) CERTAIN ALIEN ENTREPRENEURS.—Sec- paragraph (6), (7), or (8) shall be available ex- tion 275(a) or 276 committed by an alien who tion 216A(e) (8 U.S.C. 1186b(e)) is amended by clusively in a habeas corpus proceeding in- was previously deported on the basis of a inserting ‘‘if the alien has had the condi- stituted in the United States District Court conviction for an offense described in an- tional basis removed pursuant to this sec- for the District of Columbia and only if the other subparagraph of this paragraph’’ and tion’’ before the period at the end. alien has exhausted all administrative rem- inserting ‘‘section 275 or 276 for which the (d) JUDICIAL REVIEW OF NATURALIZATION edies (statutory and nonstatutory) available term of imprisonment is at least 1 year’’; APPLICATIONS.—Section 310(c) (8 U.S.C. to the alien as of right.’’. (5) in subparagraph (U), by striking ‘‘an at- 1421(c)) is amended— (2) EFFECTIVE DATE.—The amendments tempt or conspiracy to commit an offense (1) by inserting ‘‘, not later than 120 days made by paragraph (1)— described in this paragraph’’ and inserting after the Secretary of Homeland Security’s (A) shall take effect on the date of the en- ‘‘aiding or abetting an offense described in final determination,’’ after ‘‘may’’; and actment of this Act; and this paragraph, or soliciting, counseling, pro- (2) by adding at the end the following: ‘‘Ex- (B) shall apply to— curing, commanding, or inducing another, cept that in any proceeding, other than a (i) any alien subject to a final administra- attempting, or conspiring to commit such an proceeding under section 340, the court shall tive removal, deportation, or exclusion order offense’’; and review for substantial evidence the adminis- that was issued before, on, or after the date (6) by striking the undesignated matter trative record and findings of the Secretary of the enactment of this Act; and following subparagraph (U). of Homeland Security regarding whether an

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2622 CONGRESSIONAL RECORD — SENATE March 30, 2006 alien is a person of good moral character, un- son to know that such activities promoted, paragraphs (1)(E), (2), (3), and (4) of section derstands and is attached to the principles of furthered, aided, or supported the illegal ac- 237(a)).’’; and the Constitution of the United States, or is tivity of the criminal gang, (3) by amending subsection (d) to read as well disposed to the good order and happi- is inadmissible.’’. follows: ‘‘(d) DENYING VISAS TO NATIONALS OF COUN- ness of the United States. The petitioner (2) DEPORTABILITY.—Section 237(a)(2) (8 TRY DENYING OR DELAYING ACCEPTING shall have the burden of showing that the U.S.C. 1227(a)(2)) is amended by adding at the ALIEN.—The Secretary of Homeland Secu- Secretary’s denial of the application was end the following: rity, after making a determination that the contrary to law.’’. ‘‘(F) MEMBERS OF CRIMINAL STREET (e) PERSONS ENDANGERING NATIONAL SECU- government of a foreign country has denied GANGS.—Unless the Secretary of Homeland RITY.—Section 316 (8 U.S.C. 1427) is amended or unreasonably delayed accepting an alien Security or the Attorney General waives the by adding at the end the following: who is a citizen, subject, national, or resi- application of this subparagraph, any alien ‘‘(g) PERSONS ENDANGERING THE NATIONAL dent of that country after the alien has been who the Secretary of Homeland Security or SECURITY.—A person may not be naturalized ordered removed, and after consultation with if the Secretary of Homeland Security deter- the Attorney General knows or has reason to the Secretary of State, may instruct the mines, based upon any relevant information believe— Secretary of State to deny a visa to any cit- or evidence, including classified, sensitive, ‘‘(i) is, or at any time after admission has izen, subject, national, or resident of that or national security information, that the been, a member of a criminal street gang (as country until the country accepts the alien person was once an alien described in section defined in section 521(a) of title 18, United that was ordered removed.’’. 212(a)(3) or 237(a)(4).’’. States Code); or (c) ALIEN SMUGGLING AND RELATED OF- (f) CONCURRENT NATURALIZATION AND RE- ‘‘(ii) has participated in the activities of a FENSES.— MOVAL PROCEEDINGS.—Section 318 (8 U.S.C. criminal street gang, knowing or having rea- (1) IN GENERAL.—Section 274 (8 U.S.C. 1324), 1429) is amended by striking ‘‘the Attorney son to know that such activities promoted, is amended to read as follows: General if’’ and all that follows and insert- furthered, aided, or supported the illegal ac- ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OF- ing: ‘‘the Secretary of Homeland Security or tivity of the criminal gang, FENSES. ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— any court if there is pending against the ap- is deportable.’’. ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro- plicant any removal proceeding or other pro- (3) TEMPORARY PROTECTED STATUS.—Sec- vided in paragraph (3), a person shall be pun- ceeding to determine the applicant’s inad- tion 244 (8 U.S.C. 1254a) is amended— ished as provided under paragraph (2), if the missibility or deportability, or to determine (A) by striking ‘‘Attorney General’’ each person— whether the applicant’s lawful permanent place it appears and inserting ‘‘Secretary of ‘‘(A) facilitates, encourages, directs, or in- resident status should be rescinded, regard- Homeland Security’’; duces a person to come to or enter the less of when such proceeding was com- (B) in subsection (b)(3)— United States, or to cross the border to the menced. The findings of the Attorney Gen- (i) in subparagraph (B), by striking the last United States, knowing or in reckless dis- eral in terminating removal proceedings or sentence and inserting the following: ‘‘Not- regard of the fact that such person is an canceling the removal of an alien under this withstanding any other provision of this sec- alien who lacks lawful authority to come to, Act shall not be deemed binding in any way tion, the Secretary of Homeland Security enter, or cross the border to the United upon the Secretary of Homeland Security may, for any reason (including national se- States; with respect to the question of whether such curity), terminate or modify any designation ‘‘(B) facilitates, encourages, directs, or in- person has established eligibility for natu- under this section. Such termination or duces a person to come to or enter the ralization in accordance with this title.’’. modification is effective upon publication in United States, or to cross the border to the (g) DISTRICT COURT JURISDICTION.—Section the Federal Register, or after such time as United States, at a place other than a des- 336(b) (8 U.S.C. 1447(b)) is amended to read as the Secretary may designate in the Federal ignated port of entry or place other than as follows: Register.’’; designated by the Secretary of Homeland Se- ‘‘(b) REQUEST FOR HEARING BEFORE DIS- (ii) in subparagraph (C), by striking ‘‘a pe- curity, knowing or in reckless disregard of TRICT COURT.—If there is a failure to render riod of 12 or 18 months’’ and inserting ‘‘any the fact that such person is an alien and re- a final administrative decision under section other period not to exceed 18 months’’; gardless of whether such alien has official 335 before the end of the 180-day period be- (C) in subsection (c)— permission or lawful authority to be in the ginning on the date on which the Secretary (i) in paragraph (1)(B), by striking ‘‘The United States; of Homeland Security completes all exami- amount of any such fee shall not exceed ‘‘(C) transports, moves, harbors, conceals, nations and interviews required under such $50.’’; or shields from detection a person outside of section, the applicant may apply to the dis- (ii) in paragraph (2)(B)— the United States knowing or in reckless district court for the district in which the ap- (I) in clause (i), by striking ‘‘, or’’ at the regard of the fact that such person is an plicant resides for a hearing on the matter. end; alien in unlawful transit from 1 country to The Secretary shall notify the applicant (II) in clause (ii), by striking the period at another or on the high seas, under cir- when such examinations and interviews have the end and inserting ‘‘; or’’; and cumstances in which the alien is seeking to been completed. Such district court shall (III) by adding at the end the following: enter the United States without official per- only have jurisdiction to review the basis for ‘‘(iii) the alien is, or at any time after admission or legal authority; delay and remand the matter, with appro- mission has been, a member of a criminal ‘‘(D) encourages or induces a person to re- priate instructions, to the Secretary for the street gang (as defined in section 521(a) of side in the United States, knowing or in Secretary’s determination on the applica- title 18, United States Code).’’; and reckless disregard of the fact that such per- tion.’’. (D) in subsection (d)— son is an alien who lacks lawful authority to (h) EFFECTIVE DATE.—The amendments (i) by striking paragraph (3); and reside in the United States; made by this section— (ii) in paragraph (4), by adding at the end ‘‘(E) transports or moves a person in the (1) shall take effect on the date of the en- the following: ‘‘The Secretary of Homeland United States, knowing or in reckless dis- actment of this Act; and Security may detain an alien provided tem- regard of the fact that such person is an (2) shall apply to any act that occurred on porary protected status under this section alien who lacks lawful authority to enter or or after such date of enactment. whenever appropriate under any other provi- be in the United States, if the transportation SEC. 205. INCREASED CRIMINAL PENALTIES RE- sion of law.’’. LATED TO GANG VIOLENCE, RE- or movement will further the alien’s illegal MOVAL, AND ALIEN SMUGGLING. (b) PENALTIES RELATED TO REMOVAL.—Sec- entry into or illegal presence in the United (a) CRIMINAL STREET GANGS.— tion 243 (8 U.S.C. 1253) is amended— States; (1) INADMISSIBILITY.—Section 212(a)(2) (8 (1) in subsection (a)(1)— ‘‘(F) harbors, conceals, or shields from de- U.S.C. 1182(a)(2)) is amended— (A) in the matter preceding subparagraph tection a person in the United States, know- (A) by redesignating subparagraph (F) as (A), by inserting ‘‘212(a) or’’ after ‘‘section’’; ing or in reckless disregard of the fact that subparagraph (J); and and such person is an alien who lacks lawful au- (B) by inserting after subparagraph (E) the (B) in the matter following subparagraph thority to be in the United States; or following: (D)— ‘‘(G) conspires or attempts to commit any ‘‘(F) MEMBERS OF CRIMINAL STREET (i) by striking ‘‘or imprisoned not more of the acts described in subparagraphs (A) GANGS.—Unless the Secretary of Homeland than four years’’ and inserting ‘‘and impris- through (F). Security or the Attorney General waives the oned for not less than 6 months or more than ‘‘(2) CRIMINAL PENALTIES.—A person who application of this subparagraph, any alien 5 years’’; and violates any provision under paragraph (1)— who a consular officer, the Attorney Gen- (ii) by striking ‘‘, or both’’; ‘‘(A) except as provided in subparagraphs eral, or the Secretary of Homeland Security (2) in subsection (b), by striking ‘‘not more (C) through (G), if the offense was not com- knows or has reason to believe— than $1000 or imprisoned for not more than mitted for commercial advantage, profit, or ‘‘(i) is, or has been, a member of a criminal one year, or both’’ and inserting ‘‘under title private financial gain, shall be fined under street gang (as defined in section 521(a) of 18, United States Code, and imprisoned for title 18, United States Code, imprisoned for title 18, United States Code); or not less than 6 months or more than 5 years not more than 5 years, or both; ‘‘(ii) has participated in the activities of a (or for not more than 10 years if the alien is ‘‘(B) except as provided in subparagraphs criminal street gang, knowing or having rea- a member of any of the classes described in (C) through (G), if the offense was committed

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for commercial advantage, profit, or private ‘‘(1) CRIMINAL OFFENSE AND PENALTIES.— ‘‘(A) develop and implement an outreach financial gain— Any person who, during any 12-month period, program to educate people in and out of the ‘‘(i) if the violation is the offender’s first knowingly employs 10 or more individuals United States about the penalties for bring- violation under this subparagraph, shall be with actual knowledge or in reckless dis- ing in and harboring aliens in violation of fined under such title, imprisoned for not regard of the fact that the individuals are this section; and more than 20 years, or both; or aliens described in paragraph (2), shall be ‘‘(B) establish the American Local and In- ‘‘(ii) if the violation is the offender’s sec- fined under title 18, United States Code, im- terior Enforcement Needs (ALIEN) Task ond or subsequent violation of this subpara- prisoned for not more than 10 years, or both. Force to identify and respond to the use of graph, shall be fined under such title, impris- ‘‘(2) DEFINITION.—An alien described in this Federal, State, and local transportation in- oned for not less than 3 years or more than paragraph is an alien who— frastructure to further the trafficking of un- 20 years, or both; ‘‘(A) is an unauthorized alien (as defined in lawful aliens within the United States. ‘‘(C) if the offense furthered or aided the section 274A(h)(3)); ‘‘(2) FIELD OFFICES.—The Secretary of commission of any other offense against the ‘‘(B) is present in the United States with- Homeland Security, after consulting with United States or any State that is punish- out lawful authority; and State and local government officials, shall able by imprisonment for more than 1 year, ‘‘(C) has been brought into the United establish such field offices as may be nec- shall be fined under such title, imprisoned States in violation of this subsection. essary to carry out this subsection. for not less than 5 years or more than 20 ‘‘(c) SEIZURE AND FORFEITURE.— ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— years, or both; ‘‘(1) IN GENERAL.—Any real or personal There are authorized to be appropriated such ‘‘(D) shall be fined under such title, impris- property used to commit or facilitate the sums are necessary for the fiscal years 2007 oned not less than 5 years or more than 20 commission of a violation of this section, the through 2011 to carry out this subsection. years, or both, if the offense created a sub- gross proceeds of such violation, and any ‘‘(g) DEFINITIONS.—In this section: stantial and foreseeable risk of death, a sub- property traceable to such property or pro- ‘‘(1) CROSSED THE BORDER INTO THE UNITED stantial and foreseeable risk of serious bod- ceeds, shall be subject to forfeiture. STATES.—An alien is deemed to have crossed ily injury (as defined in section 2119(2) of ‘‘(2) APPLICABLE PROCEDURES.—Seizures the border into the United States regardless title 18, United States Code), or inhumane and forfeitures under this subsection shall be of whether the alien is free from official re- conditions to another person, including— governed by the provisions of chapter 46 of straint. ‘‘(i) transporting the person in an engine title 18, United States Code, relating to civil ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful compartment, storage compartment, or forfeitures, except that such duties as are authority’ means permission, authorization, other confined space; imposed upon the Secretary of the Treasury or license that is expressly provided for in ‘‘(ii) transporting the person at an exces- under the customs laws described in section the immigration laws of the United States or sive speed or in excess of the rated capacity 981(d) shall be performed by such officers, accompanying regulations. The term does of the means of transportation; or agents, and other persons as may be des- not include any such authority secured by ‘‘(iii) transporting the person in, harboring ignated for that purpose by the Secretary of fraud or otherwise obtained in violation of the person in, or otherwise subjecting the Homeland Security. law or authority sought, but not approved. person to crowded or dangerous conditions; ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA- No alien shall be deemed to have lawful au- ‘‘(E) if the offense caused serious bodily in- TIONS OF VIOLATIONS.—In determining wheth- thority to come to, enter, reside in, remain jury (as defined in section 2119(2) of title 18, er a violation of subsection (a) has occurred, in, or be in the United States if such coming United States Code) to any person, shall be prima facie evidence that an alien involved to, entry, residence, remaining, or presence fined under such title, imprisoned for not in the alleged violation lacks lawful author- was, is, or would be in violation of law. less than 7 years or more than 30 years, or ity to come to, enter, reside in, remain in, or ‘‘(3) PROCEEDS.—The term ‘proceeds’ in- both; be in the United States or that such alien cludes any property or interest in property ‘‘(F) shall be fined under such title and im- had come to, entered, resided in, remained obtained or retained as a consequence of an prisoned for not less than 10 years or more in, or been present in the United States in act or omission in violation of this section. than 30 years if the offense involved an alien violation of law shall include— ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlaw- who the offender knew or had reason to be- ‘‘(A) any order, finding, or determination ful transit’ means travel, movement, or tem- lieve was— concerning the alien’s status or lack of sta- porary presence that violates the laws of any ‘‘(i) engaged in terrorist activity (as de- tus made by a Federal judge or administra- country in which the alien is present or any fined in section 212(a)(3)(B)); or tive adjudicator (including an immigration country from which the alien is traveling or ‘‘(ii) intending to engage in terrorist activ- judge or immigration officer) during any ju- moving.’’. ity; dicial or administrative proceeding author- (2) CLERICAL AMENDMENT.—The table of ‘‘(G) if the offense caused or resulted in the ized under Federal immigration law; contents is amended by striking the item re- death of any person, shall be punished by ‘‘(B) official records of the Department of lating to section 274 and inserting the fol- death or imprisoned for a term of years not Homeland Security, the Department of Jus- lowing: less than 10 years and up to life, and fined tice, or the Department of State concerning ‘‘Sec. 274. Alien smuggling and related of- under title 18, United States Code. the alien’s status or lack of status; and fenses.’’. ‘‘(3) LIMITATION.—It is not a violation of ‘‘(C) testimony by an immigration officer (d) PROHIBITING CARRYING OR USING A FIRE- subparagraph (D), (E), or (F) of paragraph having personal knowledge of the facts con- ARM DURING AND IN RELATION TO AN ALIEN (1)— cerning the alien’s status or lack of status. SMUGGLING CRIME.—Section 924(c) of title 18, ‘‘(d) AUTHORITY TO ARREST.—No officer or ‘‘(A) for a religious denomination having a United States Code, is amended— person shall have authority to make any ar- bona fide nonprofit, religious organization in (1) in paragraph (1)— rests for a violation of any provision of this the United States, or the agents or officers (A) in subparagraph (A), by inserting ‘‘, section except— of such denomination or organization, to en- alien smuggling crime,’’ after ‘‘any crime of ‘‘(1) officers and employees designated by courage, invite, call, allow, or enable an violence’’; the Secretary of Homeland Security, either alien who is present in the United States to (B) in subparagraph (A), by inserting ‘‘, individually or as a member of a class; and perform the vocation of a minister or mis- alien smuggling crime,’’ after ‘‘such crime of ‘‘(2) other officers responsible for the en- sionary for the denomination or organization violence’’; forcement of Federal criminal laws. in the United States as a volunteer who is (C) in subparagraph (D)(ii), by inserting ‘‘, not compensated as an employee, notwith- ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.—Notwithstanding any provision alien smuggling crime,’’ after ‘‘crime of vio- standing the provision of room, board, trav- of the Federal Rules of Evidence, the lence’’; and el, medical assistance, and other basic living videotaped or otherwise audiovisually pre- (2) by adding at the end the following: expenses, provided the minister or mis- served deposition of a witness to a violation ‘‘(6) For purposes of this subsection, the sionary has been a member of the denomina- of subsection (a) who has been deported or term ‘alien smuggling crime’ means any fel- tion for at least 1 year; or otherwise expelled from the United States, ony punishable under section 274(a), 277, or ‘‘(B) for an individual or organization, not or is otherwise unavailable to testify, may 278 of the Immigration and Nationality Act previously convicted of a violation of this be admitted into evidence in an action (8 U.S.C. 1324(a), 1327, and 1328).’’. section, to provide an alien who is present in brought for that violation if— SEC. 206. ILLEGAL ENTRY. the United States with humanitarian assist- ‘‘(1) the witness was available for cross ex- (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) ance, including medical care, housing, coun- amination at the deposition by the party, if is amended to read as follows: seling, victim services, and food, or to trans- any, opposing admission of the testimony; ‘‘SEC. 275. ILLEGAL ENTRY. port the alien to a location where such as- and ‘‘(a) IN GENERAL.— sistance can be rendered. ‘‘(2) the deposition otherwise complies with ‘‘(1) CRIMINAL OFFENSES.—An alien shall be ‘‘(4) EXTRATERRITORIAL JURISDICTION.— the Federal Rules of Evidence. subject to the penalties set forth in para- There is extraterritorial Federal jurisdiction ‘‘(f) OUTREACH PROGRAM.— graph (2) if the alien— over the offenses described in this sub- ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(A) knowingly enters or crosses the bor- section. land Security, in consultation with the At- der into the United States at any time or ‘‘(b) EMPLOYMENT OF UNAUTHORIZED torney General and the Secretary of State, place other than as designated by the Sec- ALIENS.— as appropriate, shall— retary of Homeland Security;

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2624 CONGRESSIONAL RECORD — SENATE March 30, 2006 ‘‘(B) knowingly eludes examination or in- the border if the act was voluntary, regard- ‘‘(B) had complied with all other laws and spection by an immigration officer (includ- less of whether the alien was under observa- regulations governing the alien’s admission ing failing to stop at the command of such tion at the time of the crossing.’’. into the United States. officer), or a customs or agriculture inspec- (b) CLERICAL AMENDMENT.—The table of ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON tion at a port of entry; or contents is amended by striking the item re- UNDERLYING REMOVAL ORDER.—In a criminal ‘‘(C) knowingly enters or crosses the bor- lating to section 275 and inserting the fol- proceeding under this section, an alien may der to the United States by means of a know- lowing: not challenge the validity of any prior re- ingly false or misleading representation or ‘‘Sec. 275. Illegal entry.’’. moval order concerning the alien unless the the knowing concealment of a material fact SEC. 207. ILLEGAL REENTRY. alien demonstrates by clear and convincing (including such representation or conceal- Section 276 (8 U.S.C. 1326) is amended to evidence that— ment in the context of arrival, reporting, read as follows: ‘‘(1) the alien exhausted all administrative entry, or clearance requirements of the cus- ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. remedies that may have been available to toms law, immigration laws, agriculture ‘‘(a) REENTRY AFTER REMOVAL.—Any alien seek relief against the order; laws, or shipping laws). who has been denied admission, excluded, de- ‘‘(2) the removal proceedings at which the ‘‘(2) CRIMINAL PENALTIES.—Any alien who ported, or removed, or who has departed the order was issued improperly deprived the violates any provision under paragraph (1)— United States while an order of exclusion, alien of the opportunity for judicial review; ‘‘(A) shall, for the first violation, be fined deportation, or removal is outstanding, and and under title 18, United States Code, impris- subsequently enters, attempts to enter, ‘‘(3) the entry of the order was fundamen- oned not more than 6 months, or both; crosses the border to, attempts to cross the tally unfair. ‘‘(B) shall, for a second or subsequent vio- border to, or is at any time found in the ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO lation, or following an order of voluntary de- United States, shall befined under title 18, COMPLETION OF TERM OF IMPRISONMENT.—Any parture, be fined under such title, impris- United States Code, imprisoned not more alien removed pursuant to section 241(a)(4) oned not more than 2 years, or both; than 2 years, or both. who enters, attempts to enter, crosses the ‘‘(C) if the violation occurred after the ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— border to, attempts to cross the border to, or alien had been convicted of 3 or more mis- Notwithstanding the penalty provided in is at any time found in, the United States demeanors or for a felony, shall be fined subsection (a), if an alien described in that shall be incarcerated for the remainder of under such title, imprisoned not more than subsection— the sentence of imprisonment which was 10 years, or both; ‘‘(1) was convicted for 3 or more mis- pending at the time of deportation without ‘‘(D) if the violation occurred after the demeanors or a felony before such removal any reduction for parole or supervised re- alien had been convicted of a felony for or departure, the alien shall be fined under lease unless the alien affirmatively dem- which the alien received a term of imprison- title 18, United States Code, imprisoned not onstrates that the Secretary of Homeland ment of not less than 30 months, shall be more than 10 years, or both; Security has expressly consented to the fined under such title, imprisoned not more ‘‘(2) was convicted for a felony before such alien’s reentry. Such alien shall be subject to than 15 years, or both; and removal or departure for which the alien was such other penalties relating to the reentry ‘‘(E) if the violation occurred after the sentenced to a term of imprisonment of not of removed aliens as may be available under alien had been convicted of a felony for less than 30 months, the alien shall be fined this section or any other provision of law. which the alien received a term of imprison- under such title, imprisoned not more than ‘‘(h) LIMITATION.—It is not aiding and abet- ment of not less than 60 months, such alien 15 years, or both; ting a violation of this section for an indi- shall be fined under such title, imprisoned ‘‘(3) was convicted for a felony before such vidual to provide an alien with emergency not more than 20 years, or both.le, impris- removal or departure for which the alien was humanitarian assistance, including emer- oned not more than 15 years, or both; and sentenced to a term of imprisonment of not gency medical care and food, or to transport ‘‘(E) if the violation occurred after the less than 60 months, the alien shall be fined the alien to a location where such assistance alien had been convicted of a felony for under such title, imprisoned not more than can be rendered without compensation or the which the alien received a term of imprison- 20 years, or both; expectation of compensation. ment of not less than 60 months, such alien ‘‘(4) was convicted for 3 felonies before ‘‘(i) DEFINITIONS.—In this section: shall be fined under such title, imprisoned such removal or departure, the alien shall be ‘‘(1) CROSSES THE BORDER.—The term not more than 20 years, or both. fined under such title, imprisoned not more ‘crosses the border’ applies if an alien acts RIOR CONVICTIONS.—The prior convic- ‘‘(3) P than 20 years, or both; or voluntarily, regardless of whether the alien tions described in subparagraphs (C) through ‘‘(5) was convicted, before such removal or was under observation at the time of the (E) of paragraph (2) are elements of the of- departure, for murder, rape, kidnaping, or a crossing. fenses described in that paragraph and the felony offense described in chapter 77 (relat- ‘‘(2) FELONY.—Term ‘felony’ means any penalties in such subparagraphs shall apply ing to peonage and slavery) or 113B (relating criminal offense punishable by a term of im- only in cases in which the conviction or con- to terrorism) of such title, the alien shall be prisonment of more than 1 year under the victions that form the basis for the addi- fined under such title, imprisoned not more laws of the United States, any State, or a tional penalty are— than 20 years, or both. foreign government. ‘‘(A) alleged in the indictment or informa- ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— ‘‘(3) MISDEMEANOR.—The term ‘mis- tion; and Any alien who has been denied admission, demeanor’ means any criminal offense pun- ‘‘(B) proven beyond a reasonable doubt at excluded, deported, or removed 3 or more ishable by a term of imprisonment of not trial or admitted by the defendant. times and thereafter enters, attempts to more than 1 year under the applicable laws ‘‘(4) DURATION OF OFFENSE.—An offense enter, crosses the border to, attempts to of the United States, any State, or a foreign under this subsection continues until the cross the border to, or is at any time found government. alien is discovered within the United States in the United States, shall be fined under ‘‘(4) REMOVAL.—The term ‘removal’ in- by an immigration officer. title 18, United States Code, imprisoned not cludes any denial of admission, exclusion, ‘‘(5) ATTEMPT.—Whoever attempts to com- more than 10 years, or both. deportation, or removal, or any agreement mit any offense under this section shall be ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The by which an alien stipulates or agrees to ex- punished in the same manner as for a com- prior convictions described in subsection (b) clusion, deportation, or removal. pletion of such offense. are elements of the crimes described in that ‘‘(5) STATE.—The term ‘State’ means a ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- subsection, and the penalties in that sub- State of the United States, the District of ALTIES.— section shall apply only in cases in which the Columbia, and any commonwealth, territory, ‘‘(1) IN GENERAL.—Any alien who is appre- conviction or convictions that form the basis or possession of the United States.’’. hended while entering, attempting to enter, for the additional penalty are— or knowingly crossing or attempting to cross ‘‘(1) alleged in the indictment or informa- SEC. 208. REFORM OF PASSPORT, VISA, AND IM- MIGRATION FRAUD OFFENSES. the border to the United States at a time or tion; and (a) PASSPORT, VISA, AND IMMIGRATION place other than as designated by immigra- ‘‘(2) proven beyond a reasonable doubt at FRAUD.— tion officers shall be subject to a civil pen- trial or admitted by the defendant. alty, in addition to any criminal or other ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an (1) IN GENERAL.—Chapter 75 of title 18, civil penalties that may be imposed under affirmative defense to a violation of this sec- United States Code, is amended to read as any other provision of law, in an amount tion that— follows: equal to— ‘‘(1) prior to the alleged violation, the alien ‘‘CHAPTER 75—PASSPORT, VISA, AND ‘‘(A) not less than $50 or more than $250 for had sought and received the express consent IMMIGRATION FRAUD each such entry, crossing, attempted entry, of the Secretary of Homeland Security to re- ‘‘Sec. or attempted crossing; or apply for admission into the United States; ‘‘1541. Trafficking in passports. ‘‘(B) twice the amount specified in para- or ‘‘1542. False statement in an application for graph (1) if the alien had previously been ‘‘(2) with respect to an alien previously de- a passport. subject to a civil penalty under this sub- nied admission and removed, the alien— ‘‘1543. Forgery and unlawful production of a section. ‘‘(A) was not required to obtain such ad- passport. ‘‘(2) CROSSED THE BORDER DEFINED.—In this vance consent under the Immigration and ‘‘1544. Misuse of a passport. section, an alien is deemed to have crossed Nationality Act or any prior Act; and ‘‘1545. Schemes to defraud aliens.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0655 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2625 ‘‘1546. Immigration and visa fraud. ‘‘(3) transfers or furnishes a passport to a shall be fined under this title, imprisoned ‘‘1547. Marriage fraud. person for use when such person is not the not more than 15 years, or both. ‘‘1548. Attempts and conspiracies. person for whom the passport was issued or ‘‘(b) MULTIPLE VIOLATIONS.—Any person ‘‘1549. Alternative penalties for certain of- designed, who, during any 3-year period, knowingly— fenses. shall be fined under this title, imprisoned ‘‘(1) and without lawful authority pro- ‘‘1550. Seizure and forfeiture. not more than 15 years, or both. duces, issues, or transfers 10 or more immi- ‘‘1551. Additional jurisdiction. gration documents; ‘‘§ 1544. Misuse of a passport ‘‘1552. Additional venue. ‘‘(2) forges, counterfeits, alters, or falsely ‘‘1553. Definitions. ‘‘(a) IN GENERAL.—Any person who— makes 10 or more immigration documents; ‘‘1554. Authorized law enforcement activities. ‘‘(1) knowingly uses any passport issued or ‘‘(3) secures, possesses, uses, buys, sells, or ‘‘1555. Exception for refugees and asylees. designed for the use of another; distributes 10 or more immigration docu- ‘‘(2) knowingly uses any passport in viola- ‘‘§ 1541. Trafficking in passports ments, knowing the immigration documents tion of the conditions or restrictions therein to be forged, counterfeited, altered, stolen, ‘‘(a) MULTIPLE PASSPORTS.—Any person contained, or in violation of the laws, regula- falsely made, procured by fraud, or produced who, during any 3-year period, knowingly— tions, or rules governing the issuance and or issued without lawful authority; or ‘‘(1) and without lawful authority pro- use of the passport; ‘‘(4) completes, mails, prepares, presents, duces, issues, or transfers 10 or more pass- ‘‘(3) knowingly secures, possesses, uses, re- signs, or submits 10 or more immigration ports; ceives, buys, sells, or distributes any pass- documents knowing the documents to con- ‘‘(2) forges, counterfeits, alters, or falsely port knowing it to be forged, counterfeited, tain any materially false statement or rep- makes 10 or more passports; altered, falsely made, procured by fraud, or resentation, ‘‘(3) secures, possesses, uses, receives, buys, produced or issued without lawful authority; shall be fined under this title, imprisoned sells, or distributes 10 or more passports, or knowing the passports to be forged, counter- not more than 20 years, or both. ‘‘(4) knowingly violates the terms and con- ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.— feited, altered, falsely made, stolen, procured ditions of any safe conduct duly obtained Any person who knowingly and without law- by fraud, or produced or issued without law- and issued under the authority of the United ful authority produces, counterfeits, secures, ful authority; or States, possesses, or uses any official paper, seal, ‘‘(4) completes, mails, prepares, presents, shall be fined under this title, imprisoned hologram, image, text, symbol, stamp, en- signs, or submits 10 or more applications for not more than 15 years, or both. graving, plate, or other material, used to a United States passport (including any sup- ‘‘(b) ENTRY; FRAUD.—Any person who make an immigration document shall be porting documentation), knowing the appli- knowingly uses any passport, knowing the fined under this title, imprisoned not more cations to contain any false statement or passport to be forged, counterfeited, altered, than 20 years, or both. representation, falsely made, procured by fraud, produced or ‘‘§ 1547. Marriage fraud shall be fined under this title, imprisoned issued without lawful authority, or issued or ‘‘(a) EVASION OR MISREPRESENTATION.—Any not more than 20 years, or both. designed for the use of another— person who— ‘‘(b) PASSPORT MATERIALS.—Any person ‘‘(1) to enter or to attempt to enter the ‘‘(1) knowingly enters into a marriage for who knowingly and without lawful authority United States; or the purpose of evading any provision of the produces, counterfeits, secures, possesses, or ‘‘(2) to defraud the United States, a State, immigration laws; or uses any official paper, seal, hologram, or a political subdivision of a State, image, text, symbol, stamp, engraving, plate, ‘‘(2) knowingly misrepresents the existence shall be fined under this title, imprisoned or circumstances of a marriage— or other material used to make a passport not more than 15 years, or both. shall be fined under this title, imprisoned ‘‘(A) in an application or document author- not more than 20 years, or both. ‘‘§ 1545. Schemes to defraud aliens ized by the immigration laws; or ‘‘(a) IN GENERAL.—Any person who know- ‘‘(B) during any immigration proceeding ‘‘§ 1542. False statement in an application for ingly executes a scheme or artifice, in con- conducted by an administrative adjudicator a passport nection with any matter that is authorized (including an immigration officer or exam- ‘‘Any person who knowingly— by or arises under Federal immigration laws, iner, a consular officer, an immigration ‘‘(1) makes any false statement or rep- or any matter the offender claims or rep- judge, or a member of the Board of Immigra- resentation in an application for a United resents is authorized by or arises under Fed- tion Appeals), States passport (including any supporting eral immigration laws— shall be fined under this title, imprisoned documentation); ‘‘(1) to defraud any person, or not more than 10 years, or both. ‘‘(2) completes, mails, prepares, presents, ‘‘(2) to obtain or receive from any person, ‘‘(b) MULTIPLE MARRIAGES.—Any person signs, or submits an application for a United by means of false or fraudulent pretenses, who— States passport (including any supporting representations, promises, money or any- ‘‘(1) knowingly enters into 2 or more mar- documentation) knowing the application to thing else of value, riages for the purpose of evading any immi- contain any false statement or representa- shall be fined under this title, imprisoned gration law; or tion; or not more than 15 years, or both. ‘‘(2) knowingly arranges, supports, or fa- ‘‘(3) causes or attempts to cause the pro- ‘‘(b) MISREPRESENTATION.—Any person who cilitates 2 or more marriages designed or induction of a passport by means of any fraud knowingly and falsely represents himself to tended to evade any immigration law, or false application for a United States pass- be an attorney in any matter arising under shall be fined under this title, imprisoned port (including any supporting documenta- Federal immigration laws shall be fined not more than 20 years, or both. tion), if such production occurs or would under this title, imprisoned not more than 15 ‘‘(c) COMMERCIAL ENTERPRISE.—Any person occur at a facility authorized by the Sec- years, or both. who knowingly establishes a commercial en- retary of State for the production of pass- terprise for the purpose of evading any provi- ‘‘§ 1546. Immigration and visa fraud ports, sion of the immigration laws shall be fined shall be fined under this title, imprisoned ‘‘(a) IN GENERAL.—Any person who know- under this title, imprisoned for not more not more than 15 years, or both. ingly— than 10 years, or both. ‘‘(1) uses any immigration document issued ‘‘§ 1543. Forgery and unlawful production of a ‘‘(d) DURATION OF OFFENSE.— or designed for the use of another; passport ‘‘(1) IN GENERAL.—An offense under sub- ‘‘(2) forges, counterfeits, alters, or falsely section (a) or (b) continues until the fraudu- ‘‘(a) FORGERY.—Any person who— makes any immigration document; lent nature of the marriage or marriages is ‘‘(1) knowingly forges, counterfeits, alters, ‘‘(3) completes, mails, prepares, presents, discovered by an immigration officer. or falsely makes any passport; or signs, or submits any immigration document ‘‘(2) COMMERCIAL ENTERPRISE.—An offense ‘‘(2) knowingly transfers any passport knowing it to contain any materially false under subsection (c) continues until the knowing it to be forged, counterfeited, al- statement or representation; fraudulent nature of commercial enterprise tered, falsely made, stolen, or to have been ‘‘(4) secures, possesses, uses, transfers, re- is discovered by an immigration officer or produced or issued without lawful authority, ceives, buys, sells, or distributes any immi- other law enforcement officer. shall be fined under this title, imprisoned gration document knowing it to be forged, ‘‘§ 1548. Attempts and conspiracies not more than 15 years, or both. counterfeited, altered, falsely made, stolen, ‘‘Any person who attempts or conspires to ‘‘(b) UNLAWFUL PRODUCTION.—Any person procured by fraud, or produced or issued who knowingly and without lawful author- without lawful authority; violate any section of this chapter shall be ity— ‘‘(5) adopts or uses a false or fictitious punished in the same manner as a person ‘‘(1) produces, issues, authorizes, or verifies name to evade or to attempt to evade the who completed a violation of that section. a passport in violation of the laws, regula- immigration laws; or ‘‘§ 1549. Alternative penalties for certain of- tions, or rules governing the issuance of the ‘‘(6) transfers or furnishes an immigration fenses passport; document to a person without lawful author- ‘‘(a) TERRORISM.—Any person who violates ‘‘(2) produces, issues, authorizes, or verifies ity for use if such person is not the person any section of this chapter— a United States passport for or to any person for whom the immigration document was ‘‘(1) knowing that such violation will fa- not owing allegiance to the United States; or issued or designed, cilitate an act of international terrorism or

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2626 CONGRESSIONAL RECORD — SENATE March 30, 2006 domestic terrorism (as those terms are de- ‘‘(3) in the case of an application prepared ‘‘§ 1555. Exception for refugees, asylees, and fined in section 2331); or and adjudicated outside the United States, in other vulnerable persons ‘‘(2) with the intent to facilitate an act of the district in which the resultant passport ‘‘(a) IN GENERAL.—If a person believed to international terrorism or domestic ter- was produced. have violated section 1542, 1544, 1546, or 1548 rorism, ‘‘(b) SAVINGS CLAUSE.—Nothing in this sec- while attempting to enter the United States, shall be fined under this title, imprisoned tion limits the venue otherwise available without delay, indicates an intention to not more than 25 years, or both. under sections 3237 and 3238. apply for asylum under section 208 or ‘‘(b) OFFENSE AGAINST GOVERNMENT.—Any 241(b)(3) of the Immigration and Nationality person who violates any section of this chap- ‘‘§ 1553. Definitions Act (8 U.S.C. 1158 and 1231), or for relief ter— ‘‘As used in this chapter: under the Convention Against Torture and ‘‘(1) knowing that such violation will fa- ‘‘(1) The term ‘falsely make’ means to pre- Other Cruel, Inhuman or Degrading Treat- cilitate the commission of any offense pare or complete an immigration document ment or Punishment (in accordance with sec- against the United States (other than an of- with knowledge or in reckless disregard of tion 208.17 of title 8, Code of Federal Regula- fense in this chapter) or against any State, the fact that the document— tions), or under section 101(a)(15)(T), which offense is punishable by imprisonment ‘‘(A) contains a statement or representa- 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), for more than 1 year; or tion that is false, fictitious, or fraudulent; 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in ef- ‘‘(2) with the intent to facilitate the com- ‘‘(B) has no basis in fact or law; or fect prior to March 31, 1997) of such Act, or mission of any offense against the United ‘‘(C) otherwise fails to state a fact which is a credible fear of persecution or torture— States (other than an offense in this chapter) material to the purpose for which the docu- ‘‘(1) the person shall be referred to an ap- or against any State, which offense is pun- ment was created, designed, or submitted. propriate Federal immigration official to re- ishable by imprisonment for more than 1 ‘‘(2) The term a ‘false statement or rep- view such claim and make a determination if year, resentation’ includes a personation or an such claim is warranted; shall be fined under this title, imprisoned omission. ‘‘(2) if the Federal immigration official de- not more than 20 years, or both. ‘‘(3) The term ‘felony’ means any criminal termines that the person qualifies for the ‘‘§ 1550. Seizure and forfeiture offense punishable by a term of imprison- claimed relief, the person shall not be con- ‘‘(a) FORFEITURE.—Any property, real or ment of more than 1 year under the laws of sidered to have violated any such section; personal, used to commit or facilitate the the United States, any State, or a foreign and commission of a violation of any section of government. ‘‘(3) if the Federal immigration official de- this chapter, the gross proceeds of such vio- ‘‘(4) The term ‘immigration document’— termines that the person does not qualify for lation, and any property traceable to such ‘‘(A) means— the claimed relief, the person shall be re- property or proceeds, shall be subject to for- ‘‘(i) any passport or visa; or ferred to an appropriate Federal official for feiture. ‘‘(ii) any application, petition, affidavit, prosecution under this chapter. ‘‘(b) APPLICABLE LAW.—Seizures and for- declaration, attestation, form, identification ‘‘(b) SAVINGS PROVISION.—Nothing in this feitures under this section shall be governed card, alien registration document, employ- section shall be construed to diminish, in- by the provisions of chapter 46 relating to ment authorization document, border cross- crease, or alter the obligations of refugees or civil forfeitures, except that such duties as ing card, certificate, permit, order, license, the United States under article 31(1) of the are imposed upon the Secretary of the Treas- stamp, authorization, grant of authority, or Convention Relating to the Status of Refu- ury under the customs laws described in sec- other evidentiary document, arising under or gees, done at Geneva July 28, 1951 (as made tion 981(d) shall be performed by such offi- authorized by the immigration laws of the applicable by the Protocol Relating to the cers, agents, and other persons as may be United States; and Status of Refugees, done at New York Janu- designated for that purpose by the Secretary ‘‘(B) includes any document, photograph, ary 31, 1967 (19 UST 6223)).’’. of Homeland Security, the Secretary of or other piece of evidence attached to or sub- (2) CLERICAL AMENDMENT.—The table of State, or the Attorney General. mitted in support of an immigration docu- chapters in title 18, United States Code, is ‘‘§ 1551. Additional jurisdiction ment. amended by striking the item relating to ‘‘(a) IN GENERAL.—Any person who com- ‘‘(5) The term ‘immigration laws’ in- chapter 75 and inserting the following: mits an offense under this chapter within the cludes— ‘‘75. Passport, visa, and immigration special maritime and territorial jurisdiction ‘‘(A) the laws described in section 101(a)(17) fraud ...... 1541’’. of the United States shall be punished as of the Immigration and Nationality Act (8 (b) PROTECTION FOR LEGITIMATE REFUGEES provided under this chapter. U.S.C. 1101(a)(17)); AND ASYLUM SEEKERS.—Section 208 (8 U.S.C. ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any ‘‘(B) the laws relating to the issuance and 1158) is amended by adding at the end the fol- person who commits an offense under this use of passports; and lowing: chapter outside the United States shall be ‘‘(C) the regulations prescribed under the ‘‘(e) PROTECTION FOR LEGITIMATE REFUGEES punished as provided under this chapter if— authority of any law described in paragraphs AND ASYLUM SEEKERS.—The Attorney Gen- ‘‘(1) the offense involves a United States (1) and (2). eral, in consultation with the Secretary of immigration document (or any document ‘‘(6) The term ‘immigration proceeding’ in- Homeland Security, shall develop binding purporting to be such a document) or any cludes an adjudication, interview, hearing, prosecution guidelines for federal prosecu- matter, right, or benefit arising under or au- or review. tors to ensure that any prosecution of an thorized by Federal immigration laws; ‘‘(7) A person does not exercise ‘lawful au- alien seeking entry into the United States ‘‘(2) the offense is in or affects foreign com- thority’ if the person abuses or improperly by fraud is consistent with the written terms merce; exercises lawful authority the person other- and limitations of Article 31(1) of the Con- ‘‘(3) the offense affects, jeopardizes, or wise holds. vention Relating to the Status of Refugees, poses a significant risk to the lawful admin- ‘‘(8) The term ‘passport’ means a travel done at Geneva July 28, 1951 (as made appli- istration of Federal immigration laws, or the document attesting to the identity and na- cable by the Protocol Relating to the Status national security of the United States; tionality of the bearer that is issued under of Refugees, done at New York January 31, ‘‘(4) the offense is committed to facilitate the authority of the Secretary of State, a 1967 (19 UST 6223)).’’. an act of international terrorism (as defined foreign government, or an international or- in section 2331) or a drug trafficking crime SEC. 209. INADMISSIBILITY AND REMOVAL FOR ganization; or any instrument purporting to PASSPORT AND IMMIGRATION (as defined in section 929(a)(2)) that affects be the same. FRAUD OFFENSES. or would affect the national security of the ‘‘(9) The term ‘produce’ means to make, (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) United States; prepare, assemble, issue, print, authenticate, (8 U.S.C. 1182(a)(2)(A)(i)) is amended— ‘‘(5) the offender is a national of the United or alter. (1) in subclause (I), by striking ‘‘, or’’ at States (as defined in section 101(a)(22) of the ‘‘(10) The term ‘State’ means a State of the the end and inserting a semicolon; Immigration and Nationality Act (8 U.S.C. United States, the District of Columbia, or (2) in subclause (II), by striking the comma 1101(a)(22))) or an alien lawfully admitted for any commonwealth, territory, or possession at the end and inserting ‘‘; or’’; and permanent residence in the United States (as of the United States. (3) by inserting after subclause (II) the fol- defined in section 101(a)(20) of such Act); or lowing: ‘‘§ 1554. Authorized law enforcement activi- ‘‘(6) the offender is a stateless person ‘‘(III) a violation of (or a conspiracy or at- ties whose habitual residence is in the United tempt to violate) any provision of chapter 75 States. ‘‘Nothing in this chapter shall prohibit any of title 18, United States Code,’’. ‘‘§ 1552. Additional venue lawfully authorized investigative, protec- (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 ‘‘(a) IN GENERAL.—An offense under section tive, or intelligence activity of a law en- U.S.C. 1227(a)(3)(B)(iii)) is amended to read as 1542 may be prosecuted in— forcement agency of the United States, a follows: ‘‘(1) any district in which the false state- State, or a political subdivision of a State, ‘‘(iii) of a violation of any provision of ment or representation was made; or an intelligence agency of the United chapter 75 of title 18, United States Code,’’. ‘‘(2) any district in which the passport ap- States, or any activity authorized under (c) EFFECTIVE DATE.—The amendments plication was prepared, submitted, mailed, title V of the Organized Crime Control Act of made by subsections (a) and (b) shall apply received, processed, or adjudicated; or 1970 (84 Stat. 933). to proceedings pending on or after the date

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2627 of the enactment of this Act, with respect to (i) by amending subparagraph (A) to read to depart the United States within the time conduct occurring on or after that date. as follows: allowed for voluntary departure or fails to SEC. 210. INCARCERATION OF CRIMINAL ALIENS. ‘‘(A) INSTEAD OF REMOVAL.—Subject to sub- comply with any other terms of the agree- (a) INSTITUTIONAL REMOVAL PROGRAM.— paragraph (C), permission to voluntarily de- ment (including failure to timely post any (1) CONTINUATION.—The Secretary shall part under paragraph (1) shall not be valid required bond), the alien is— continue to operate the Institutional Re- for any period in excess of 120 days. The Sec- ‘‘(i) ineligible for the benefits of the agree- moval Program (referred to in this section as retary may require an alien permitted to ment; the ‘‘Program’’) or shall develop and imple- voluntarily depart under paragraph (1) to ‘‘(ii) subject to the penalties described in ment another program to— post a voluntary departure bond, to be sur- subsection (d); and (A) identify removable criminal aliens in rendered upon proof that the alien has de- ‘‘(iii) subject to an alternate order of re- Federal and State correctional facilities; parted the United States within the time moval if voluntary departure was granted (B) ensure that such aliens are not released specified.’’; under subsection (a)(2) or (b). into the community; and (ii) by redesignating subparagraphs (B), ‘‘(B) EFFECT OF FILING TIMELY APPEAL.—If, (C) remove such aliens from the United (C), and (D) as paragraphs (C), (D), and (E), after agreeing to voluntary departure, the States after the completion of their sen- respectively; alien files a timely appeal of the immigra- tences. (iii) by adding after subparagraph (A) the tion judge’s decision granting voluntary de- following: (2) EXPANSION.—The Secretary may extend parture, the alien may pursue the appeal in- the scope of the Program to all States. ‘‘(B) BEFORE THE CONCLUSION OF REMOVAL stead of the voluntary departure agreement. PROCEEDINGS.—Permission to voluntarily de- (b) AUTHORIZATION FOR DETENTION AFTER Such appeal operates to void the alien’s vol- part under paragraph (2) shall not be valid COMPLETION OF STATE OR LOCAL PRISON SEN- untary departure agreement and the con- for any period in excess of 60 days, and may TENCE.—Law enforcement officers of a State sequences of such agreement, but precludes be granted only after a finding that the alien or political subdivision of a State may— the alien from another grant of voluntary has the means to depart the United States (1) hold an illegal alien for a period not to departure while the alien remains in the and intends to do so. An alien permitted to exceed 14 days after the completion of the United States. voluntarily depart under paragraph (2) shall alien’s State prison sentence to effectuate ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF- post a voluntary departure bond, in an the transfer of the alien to Federal custody FECTED.—Except as expressly agreed to by amount necessary to ensure that the alien if the alien is removable or not lawfully the Secretary in writing in the exercise of will depart, to be surrendered upon proof present in the United States; or the Secretary’s discretion before the expira- that the alien has departed the United (2) issue a detainer that would allow aliens tion of the period allowed for voluntary de- States within the time specified. An immi- who have served a State prison sentence to parture, no motion, appeal, application, peti- gration judge may waive the requirement to be detained by the State prison until author- tion, or petition for review shall affect, rein- post a voluntary departure bond in indi- state, enjoin, delay, stay, or toll the alien’s ized employees of the Bureau of Immigration vidual cases upon a finding that the alien and Customs Enforcement can take the alien obligation to depart from the United States has presented compelling evidence that the during the period agreed to by the alien and into custody. posting of a bond will pose a serious finan- (c) TECHNOLOGY USAGE.—Technology, such the Secretary.’’; cial hardship and the alien has presented (4) by amending subsection (d) to read as as videoconferencing, shall be used to the credible evidence that such a bond is unnec- follows: maximum extent practicable to make the essary to guarantee timely departure.’’; Program available in remote locations. Mo- (iv) in subparagraph (C), as redesignated, ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— bile access to Federal databases of aliens, by striking ‘‘subparagraphs (C) and(D)(ii)’’ If an alien is permitted to voluntarily depart such as IDENT, and live scan technology and inserting ‘‘subparagraphs (D) and under this section and fails to voluntarily shall be used to the maximum extent prac- (E)(ii)’’; depart from the United States within the ticable to make these resources available to (v) in subparagraph (D), as redesignated, by time period specified or otherwise violates State and local law enforcement agencies in striking ‘‘subparagraph (B)’’ each place that the terms of a voluntary departure agree- remote locations. term appears and inserting ‘‘subparagraph ment, the alien will be subject to the fol- (d) REPORT TO CONGRESS.—Not later than 6 (C)’’; and lowing penalties: months after the date of the enactment of (vi) in subparagraph (E), as redesignated, ‘‘(1) CIVIL PENALTY.—The alien shall be lia- this Act, and annually thereafter, the Sec- by striking ‘‘subparagraph (B)’’ each place ble for a civil penalty of $3,000. The order al- retary shall submit a report to Congress on that term appears and inserting ‘‘subpara- lowing voluntary departure shall specify the the participation of States in the Program graph (C)’’; and amount of the penalty, which shall be ac- and in any other program authorized under (F) in paragraph (4), by striking ‘‘para- knowledged by the alien on the record. If the subsection (a). graph (1)’’ and inserting ‘‘paragraphs (1) and Secretary thereafter establishes that the (e) AUTHORIZATION OF APPROPRIATIONS.— (2)’’; alien failed to depart voluntarily within the There are authorized to be appropriated such (2) in subsection (b)(2), by striking ‘‘a pe- time allowed, no further procedure will be sums as may be necessary in each of the fis- riod exceeding 60 days’’ and inserting ‘‘any necessary to establish the amount of the cal years 2007 through 2011 to carry out the period in excess of 45 days’’; penalty, and the Secretary may collect the Program. (3) by amending subsection (c) to read as civil penalty at any time thereafter and by SEC. 211. ENCOURAGING ALIENS TO DEPART follows: whatever means provided by law. An alien VOLUNTARILY. ‘‘(c) CONDITIONS ON VOLUNTARY DEPAR- will be ineligible for any benefits under this (a) IN GENERAL.—Section 240B (8 U.S.C. TURE.— chapter until this civil penalty is paid. 1229c) is amended— ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien (1) in subsection (a)— Voluntary departure may only be granted as shall be ineligible during the time the alien (A) by amending paragraph (1) to read as part of an affirmative agreement by the remains in the United States and for a period follows: alien. A voluntary departure agreement of 10 years after the alien’s departure for any ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If under subsection (b) shall include a waiver of further relief under this section and sections an alien is not described in paragraph the right to any further motion, appeal, ap- 240A, 245, 248, and 249. The order permitting (2)(A)(iii) or (4) of section 237(a), the Sec- plication, petition, or petition for review re- the alien to depart voluntarily shall inform retary of Homeland Security may permit the lating to removal or relief or protection the alien of the penalties under this sub- alien to voluntarily depart the United States from removal. section. at the alien’s own expense under this sub- ‘‘(2) CONCESSIONS BY THE SECRETARY.—In ‘‘(3) REOPENING.—The alien shall be ineli- section instead of being subject to pro- connection with the alien’s agreement to de- gible to reopen the final order of removal ceedings under section 240.’’; part voluntarily under paragraph (1), the that took effect upon the alien’s failure to (B) by striking paragraph (3); Secretary of Homeland Security may agree depart, or upon the alien’s other violations (C) by redesignating paragraph (2) as para- to a reduction in the period of inadmis- of the conditions for voluntary departure, graph (3); sibility under subparagraph (A) or (B)(i) of during the period described in paragraph (2). (D) by adding after paragraph (1) the fol- section 212(a)(9). This paragraph does not preclude a motion lowing: ‘‘(3) ADVISALS.—Agreements relating to to reopen to seek withholding of removal ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL voluntary departure granted during removal under section 241(b)(3) or protection against PROCEEDINGS.—If an alien is not described in proceedings under section 240, or at the con- torture, if the motion— paragraph (2)(A)(iii) or (4) of section 237(a), clusion of such proceedings, shall be pre- ‘‘(A) presents material evidence of changed the Attorney General may permit the alien sented on the record before the immigration country conditions arising after the date of to voluntarily depart the United States at judge. The immigration judge shall advise the order granting voluntary departure in the alien’s own expense under this sub- the alien of the consequences of a voluntary the country to which the alien would be re- section after the initiation of removal pro- departure agreement before accepting such moved; and ceedings under section 240 and before the agreement. ‘‘(B) makes a sufficient showing to the sat- conclusion of such proceedings before an im- ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— isfaction of the Attorney General that the migration judge.’’; ‘‘(A) IN GENERAL.—If an alien agrees to vol- alien is otherwise eligible for such protec- (E) in paragraph (3), as redesignated— untary departure under this section and fails tion.’’; and

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2628 CONGRESSIONAL RECORD — SENATE March 30, 2006 (5) by amending subsection (e) to read as ‘‘(A) presents material evidence of changed and Nationality Act (8 U.S.C. 1253, 1306, 1324, follows: country conditions arising after the date of 1325, 1326, 1327, and 1328), or for an attempt or ‘‘(e) ELIGIBILITY.— the final order of removal in the country to conspiracy to violate any such section, un- ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR- which the alien would be removed; and less the indictment is returned or the infor- TURE.—An alien shall not be permitted to ‘‘(B) makes a sufficient showing to the sat- mation filed not later than 10 years after the voluntarily depart under this section if the isfaction of the Attorney General that the commission of the offense.’’. Secretary of Homeland Security or the At- alien is otherwise eligible for such protec- (b) CLERICAL AMENDMENT.—The table of torney General previously permitted the tion.’’. sections for chapter 213 of title 18, United alien to depart voluntarily. (c) EFFECTIVE DATES.—The amendments States Code, is amended by striking the item ‘‘(2) RULEMAKING.—The Secretary may pro- made by this section shall take effect on the relating to section 3291 and inserting the fol- mulgate regulations to limit eligibility or date of the enactment of this Act with re- lowing: impose additional conditions for voluntary spect to aliens who are subject to a final ‘‘3291. Immigration, naturalization, and pe- departure under subsection (a)(1) for any order of removal entered on or after such onage offenses.’’. class of aliens. The Secretary or Attorney date. General may by regulation limit eligibility SEC. 213. PROHIBITION OF THE SALE OF FIRE- SEC. 215. DIPLOMATIC SECURITY SERVICE. or impose additional conditions for vol- ARMS TO, OR THE POSSESSION OF Section 2709(a)(1) of title 22, United States untary departure under subsections (a)(2) or FIREARMS BY CERTAIN ALIENS. Code, is amended to read as follows: (b) of this section for any class or classes of Section 922 of title 18, United States Code, ‘‘(1) conduct investigations concerning— aliens.’’; and is amended— ‘‘(A) illegal passport or visa issuance or (6) in subsection (f), by adding at the end (1) in subsection (d)(5)— use; the following: ‘‘Notwithstanding section (A) in subparagraph (A), by striking ‘‘or’’ ‘‘(B) identity theft or document fraud af- 242(a)(2)(D) of this Act, sections 1361, 1651, at the end; fecting or relating to the programs, func- and 2241 of title 28, United States Code, any (B) in subparagraph (B), by striking tions, and authorities of the Department of other habeas corpus provision, and any other ‘‘(y)(2)’’ and all that follows and inserting State; provision of law (statutory or nonstatutory), ‘‘(y), is in a nonimmigrant classification; ‘‘(C) violations of chapter 77 of title 18, no court shall have jurisdiction to affect, re- or’’; and United States Code; and instate, enjoin, delay, stay, or toll the period (C) by adding at the end the following: ‘‘(D) Federal offenses committed within allowed for voluntary departure under this ‘‘(C) has been paroled into the United the special maritime and territorial jurisdic- section.’’. States under section 212(d)(5) of the Immi- tion of the United States (as defined in sec- (b) RULEMAKING.—The Secretary shall pro- gration and Nationality Act (8 U.S.C. mulgate regulations to provide for the impo- tion 7(9) of title 18, United States Code);’’. 1182(d)(5));’’; and sition and collection of penalties for failure SEC. 216. FIELD AGENT ALLOCATION AND BACK- (2) in subsection (g)(5)— to depart under section 240B(d) of the Immi- GROUND CHECKS. (A) in subparagraph (A), by striking ‘‘or’’ gration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) at the end; 1229c(d)). is amended— (B) in subparagraph (B), by striking (c) EFFECTIVE DATES.— (1) by amending subsection (f) to read as ‘‘(y)(2)’’ and all that follows and inserting (1) IN GENERAL.—Except as provided in follows: paragraph (2), the amendments made by this ‘‘(y), is in a nonimmigrant classification; or’’; and ‘‘(f) MINIMUM NUMBER OF AGENTS IN section shall apply with respect to all orders STATES.— granting voluntary departure under section (C) by adding at the end the following: ‘‘(C) has been paroled into the United ‘‘(1) IN GENERAL.—The Secretary of Home- 240B of the Immigration and Nationality Act land Security shall allocate to each State— (8 U.S.C. 1229c) made on or after the date States under section 212(d)(5) of the Immi- gration and Nationality Act (8 U.S.C. ‘‘(A) not fewer than 40 full-time active that is 180 days after the enactment of this duty agents of the Bureau of Immigration Act. 1182(d)(5));’’. (3) in subsection (y)— and Customs Enforcement to— (2) EXCEPTION.—The amendment made by ‘‘(i) investigate immigration violations; (A) in the header, by striking ‘‘ADMITTED subsection (a)(6) shall take effect on the date and UNDER NONIMMIGRANT VISAS’’ and inserting of the enactment of this Act and shall apply ‘‘(ii) ensure the departure of all removable ‘‘IN A NONIMMIGRANT CLASSIFICATION’’; with respect to any petition for review which aliens; and is filed on or after such date. (B) in paragraph (1), by amending subparagraph (B) to read as follows: ‘‘(B) not fewer than 15 full-time active SEC. 212. DETERRING ALIENS ORDERED RE- duty agents of the Bureau of Citizenship and MOVED FROM REMAINING IN THE ‘‘(B) the term ‘nonimmigrant classifica- Immigration Services to carry out immigra- UNITED STATES UNLAWFULLY. tion’ includes all classes of nonimmigrant tion and naturalization adjudication func- (a) INADMISSIBLE ALIENS.—Section aliens described in section 101(a)(15) of the 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend- Immigration and Nationality Act (8 U.S.C. tions. ed— 1101(a)(15)), or otherwise described in the im- ‘‘(2) WAIVER.—The Secretary may waive (1) in clause (i), by striking ‘‘seeks admis- migration laws (as defined in section the application of paragraph (1) for any sion within 5 years of the date of such re- 101(a)(17) of such Act).’’; State with a population of less than 2,000,000, moval (or within 20 years’’ and inserting (C) in paragraph (2), by striking ‘‘has been as most recently reported by the Bureau of ‘‘seeks admission not later than 5 years after lawfully admitted to the United States under the Census’’; and the date of the alien’s removal (or not later a nonimmigrant visa’’ and inserting ‘‘is in a (2) by adding at the end the following: than 20 years after the alien’s removal’’; and nonimmigrant classification’’; and ‘‘(i) Notwithstanding any other provision (2) in clause (ii), by striking ‘‘seeks admis- (D) in paragraph (3)(A), by striking ‘‘Any of law, appropriate background and security sion within 10 years of the date of such individual who has been admitted to the checks, as determined by the Secretary of alien’s departure or removal (or within 20 United States under a nonimmigrant visa Homeland Security, shall be completed and years of’’ and inserting ‘‘seeks admission not may receive a waiver from the requirements assessed and any suspected or alleged fraud later than 10 years after the date of the of subsection (g)(5)’’ and inserting ‘‘Any relating to the granting of any status (in- alien’s departure or removal (or not later alien in a nonimmigrant classification may cluding the granting of adjustment of sta- than 20 years after’’. receive a waiver from the requirements of tus), relief, protection from removal, or (b) BAR ON DISCRETIONARY RELIEF.—Sec- subsection (g)(5)(B)’’. other benefit under this Act shall be inves- tion 274D (9 U.S.C. 324d) is amended— tigated and resolved before the Secretary or (1) in subsection (a), by striking ‘‘Commis- SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATU- the Attorney General may— sioner’’ and inserting ‘‘Secretary of Home- RALIZATION, AND PEONAGE OF- ‘‘(1) grant or order the grant of adjustment land Security’’; and FENSES. of status of an alien to that of an alien law- (2) by adding at the end the following: (a) IN GENERAL.—Section 3291 of title 18, fully admitted for permanent residence; ‘‘(c) INELIGIBILITY FOR RELIEF.— United States Code, is amended to read as ‘‘(2) grant or order the grant of any other ‘‘(1) IN GENERAL.—Unless a timely motion follows: status, relief, protection from removal, or to reopen is granted under section 240(c)(6), other benefit under the immigration laws; or an alien described in subsection (a) shall be ‘‘§ 3291. Immigration, naturalization, and peonage offenses ‘‘(3) issue any documentation evidencing or ineligible for any discretionary relief from related to such grant by the Secretary, the removal (including cancellation of removal ‘‘No person shall be prosecuted, tried, or Attorney General, or any court.’’. and adjustment of status) during the time punished for a violation of any section of (b) EFFECTIVE DATE.—The amendment the alien remains in the United States and chapters 69 (relating to nationality and citi- made by subsection (a)(1) shall take effect on for a period of 10 years after the alien’s de- zenship offenses), 75 (relating to passport, the date that is 90 days after the date of the parture from the United States. visa, and immigration offenses), or 77 (relat- enactment of this Act. ‘‘(2) SAVINGS PROVISION.—Nothing in para- ing to peonage, slavery, and trafficking in graph (1) shall preclude a motion to reopen persons), for an attempt or conspiracy to SEC. 217. CONSTRUCTION. to seek withholding of removal under section violate any such section, for a violation of (a) IN GENERAL.—Chapter 4 of title III (8 241(b)(3) or protection against torture, if the any criminal provision under section 243, 266, U.S.C. 1501 et seq.) is amended by adding at motion— 274, 275, 276, 277, or 278 of the Immigration the end the following:

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2629 ‘‘SEC. 362. CONSTRUCTION. SEC. 220. REDUCING ILLEGAL IMMIGRATION AND current address and a telephone number, if ‘‘(a) IN GENERAL.—Nothing in this Act or ALIEN SMUGGLING ON TRIBAL any, at which the alien may be contacted.’’; in any other provision of law shall be con- LANDS. (2) in subsection (b), by striking ‘‘Attorney strued to require the Secretary of Homeland (a) GRANTS AUTHORIZED.—The Secretary General’’ each place such term appears and Security, the Attorney General, the Sec- may award grants to Indian tribes with lands inserting ‘‘Secretary’’; retary of State, the Secretary of Labor, or adjacent to an international border of the (3) in subsection (c), by striking ‘‘given to any other authorized head of any Federal United States that have been adversely af- such parent’’ and inserting ‘‘given by such agency to grant any application, approve fected by illegal immigration. parent’’; and any petition, or grant or continue any status (b) USE OF FUNDS.—Grants awarded under (4) by adding at the end the following: subsection (a) may be used for— or benefit under the immigration laws by, to, ‘‘(d) ADDRESS TO BE PROVIDED.— (1) law enforcement activities; or on behalf of— ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(1) any alien described in subparagraph (2) health care services; vided by the Secretary under paragraph (2), (A)(i), (A)(iii), (B), or (F) of section 212(a)(3) (3) environmental restoration; and an address provided by an alien under this or subparagraph (A)(i), (A)(iii), or (B) of sec- (4) the preservation of cultural resources. section shall be the alien’s current residen- (c) REPORT.—Not later than 180 days after tion 237(a)(4); tial mailing address, and shall not be a post the date of the enactment of this Act, the ‘‘(2) any alien with respect to whom a office box or other non-residential mailing Secretary shall submit a report to the Com- criminal or other investigation or case is address or the address of an attorney, rep- mittee on the Judiciary of the Senate and pending that is material to the alien’s inad- resentative, labor organization, or employer. the Committee on the Judiciary of the House missibility, deportability, or eligibility for ‘‘(2) SPECIFIC REQUIREMENTS.—The Sec- of Representatives that— the status or benefit sought; or retary may provide specific requirements (1) describes the level of access of Border ‘‘(3) any alien for whom all law enforce- with respect to— Patrol agents on tribal lands; ment checks, as deemed appropriate by such ‘‘(A) designated classes of aliens and spe- (2) describes the extent to which enforce- authorized official, have not been conducted cial circumstances, including aliens who are ment of immigration laws may be improved and resolved. employed at a remote location; and by enhanced access to tribal lands; ‘‘(b) DENIAL; WITHHOLDING.—An official de- ‘‘(B) the reporting of address information (3) contains a strategy for improving such scribed in subsection (a) may deny or with- by aliens who are incarcerated in a Federal, access through cooperation with tribal au- hold (with respect to an alien described in State, or local correctional facility. thorities; and subsection (a)(1)) or withhold pending resolu- ‘‘(3) DETENTION.—An alien who is being de- (4) identifies grants provided by the De- tion of the investigation, case, or law en- tained by the Secretary under this Act is not partment for Indian tribes, either directly or forcement checks (with respect to an alien required to report the alien’s current address through State or local grants, relating to described in paragraph (2) or (3) of subsection under this section during the time the alien border security expenses. (a)) any such application, petition, status, or remains in detention, but shall be required (d) AUTHORIZATION OF APPROPRIATIONS.— benefit on such basis.’’. to notify the Secretary of the alien’s address There are authorized to be appropriated such (b) CLERICAL AMENDMENT.—The table of under this section at the time of the alien’s sums as may be necessary for each of the fis- contents is amended by inserting after the release from detention. item relating to section 361 the following: cal years 2007 through 2011 to carry out this ‘‘(e) USE OF MOST RECENT ADDRESS PRO- ‘‘Sec. 362. Construction.’’. section. VIDED BY THE ALIEN.— SEC. 221. ALTERNATIVES TO DETENTION. SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE ‘‘(1) IN GENERAL.—Notwithstanding any PROGRAM. The Secretary shall conduct a study of— other provision of law, the Secretary may (a) REIMBURSEMENT FOR COSTS ASSOCIATED (1) the effectiveness of alternatives to de- provide for the appropriate coordination and WITH PROCESSING CRIMINAL ILLEGAL tention, including electronic monitoring de- cross referencing of address information pro- ALIENS.—The Secretary shall reimburse vices and intensive supervision programs, in vided by an alien under this section with States and units of local government for ensuring alien appearance at court and com- other information relating to the alien’s ad- costs associated with processing undocu- pliance with removal orders; dress under other Federal programs, includ- mented criminal aliens through the criminal (2) the effectiveness of the Intensive Super- ing— justice system, including— vision Appearance Program and the costs ‘‘(A) any information pertaining to the (1) indigent defense; and benefits of expanding that program to alien, which is submitted in any application, (2) criminal prosecution; all States; and petition, or motion filed under this Act with (3) autopsies; (3) other alternatives to detention, includ- the Secretary of Homeland Security, the (4) translators and interpreters; and ing— Secretary of State, or the Secretary of (5) courts costs. (A) release on an order of recognizance; Labor; (b) AUTHORIZATION OF APPROPRIATIONS.— (B) appearance bonds; and ‘‘(B) any information available to the At- (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— (C) electronic monitoring devices. torney General with respect to an alien in a There are authorized to be appropriated SEC. 222. CONFORMING AMENDMENT. proceeding before an immigration judge or $400,000,000 for each of the fiscal years 2007 Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) an administrative appeal or judicial review through 2012 to carry out subsection (a). is amended— of such proceeding; (2) COMPENSATION UPON REQUEST.—Section (1) by striking ‘‘(i) which either is falsely ‘‘(C) any information collected with re- 241(i)(5) (8 U.S.C. 1231(i)) is amended to read making, forging, counterfeiting, mutilating, spect to nonimmigrant foreign students or as follows: or altering a passport or instrument in viola- exchange program participants under section ‘‘(5) There are authorized to be appro- tion of section 1543 of title 18, United States 641 of the Illegal Immigration Reform and priated to carry this subsection— Code, or is described in section 1546(a) of Immigrant Responsibility Act of 1996 (8 ‘‘(A) such sums as may be necessary for fis- such title (relating to document fraud) and U.S.C. 1372); and cal year 2007; (ii)’’ and inserting ‘‘which is described in ‘‘(D) any information collected from State ‘‘(B) $750,000,000 for fiscal year 2008; chapter 75 of title 18, United States Code, or local correctional agencies pursuant to ‘‘(C) $850,000,000 for fiscal year 2009; and and’’; and the State Criminal Alien Assistance Pro- ‘‘(D) $950,000,000 for each of the fiscal years (2) by inserting the following: ‘‘that is not gram. 2010 through 2012.’’. described in section 1548 of such title (relat- ‘‘(2) RELIANCE.—The Secretary may rely on (c) TECHNICAL AMENDMENT.—Section 501 of ing to increased penalties), and’’ after ‘‘first the most recent address provided by the the Immigration Reform and Control Act of offense’’. 1986 (8 U.S.C. 1365) is amended by striking alien under this section or section 264 to ‘‘Attorney General’’ each place it appears SEC. 223. REPORTING REQUIREMENTS. send to the alien any notice, form, docu- and inserting ‘‘Secretary of Homeland Secu- (a) CLARIFYING ADDRESS REPORTING RE- ment, or other matter pertaining to Federal rity’’. QUIREMENTS.—Section 265 (8 U.S.C. 1305) is immigration laws, including service of a no- amended— tice to appear. The Attorney General and the SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED (1) in subsection (a)— Secretary may rely on the most recent ad- BY STATE AND LOCAL LAW EN- (A) by striking ‘‘notify the Attorney Gen- dress provided by the alien under section FORCEMENT OFFICERS. eral in writing’’ and inserting ‘‘submit writ- 239(a)(1)(F) to contact the alien about pend- (a) IN GENERAL.—The Secretary shall pro- ten or electronic notification to the Sec- ing removal proceedings. vide sufficient transportation and officers to retary of Homeland Security, in a manner ‘‘(3) OBLIGATION.—The alien’s provision of take illegal aliens apprehended by State and approved by the Secretary,’’; an address for any other purpose under the local law enforcement officers into custody (B) by striking ‘‘the Attorney General may Federal immigration laws does not excuse for processing at a detention facility oper- require by regulation’’ and inserting ‘‘the the alien’s obligation to submit timely no- ated by the Department. Secretary may require’’; and tice of the alien’s address to the Secretary (b) AUTHORIZATION OF APPROPRIATIONS.— (C) by adding at the end the following: ‘‘If under this section (or to the Attorney Gen- There are authorized to be appropriated such the alien is involved in proceedings before an eral under section 239(a)(1)(F) with respect to sums as may be necessary for each of fiscal immigration judge or in an administrative an alien in a proceeding before an immigra- years 2007 through 2011 to carry out this sec- appeal of such proceedings, the alien shall tion judge or an administrative appeal of tion. submit to the Attorney General the alien’s such proceeding).’’.

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(b) CONFORMING CHANGES WITH RESPECT TO litical subdivision of a State, the cost of is not a national of a country contiguous to REGISTRATION REQUIREMENTS.—Chapter 7 of such training (including applicable overtime the United States, who has not been admit- title II (8 U.S.C. 1301 et seq.) is amended— costs) shall be reimbursed by the Secretary ted or paroled into the United States, and (1) in section 262(c), by striking ‘‘Attorney of Homeland Security.’’; and who is apprehended within 100 miles of an General’’ and inserting ‘‘Secretary of Home- (2) in paragraph (4), by adding at the end international land border of the United land Security’’; the following: ‘‘The cost of any equipment States and within 14 days of entry.’’. (2) in section 263(a), by striking ‘‘Attorney required to be purchased under such written (2) EXCEPTIONS.—Section 235(b)(1)(F) of the General’’ and inserting ‘‘Secretary of Home- agreement and necessary to perform the Immigration and Nationality Act (8 U.S.C. land Security’’; and functions under this subsection shall be re- 1225(b)(1)(F)) is amended— (3) in section 264— imbursed by the Secretary of Homeland Se- (A) by striking ‘‘and who arrives by air- (A) in subsections (a), (b), (c), and (d), by curity.’’. craft at a port of entry’’ and inserting ‘‘and— striking ‘‘Attorney General’’ each place it (b) AUTHORIZATION OF APPROPRIATIONS.— ’’; and appears and inserting ‘‘Secretary of Home- There are authorized to be appropriated to (B) by adding at the end the following: land Security’’; and the Secretary such sums as may be nec- ‘‘(i) who arrives by aircraft at a port of (B) in subsection (f)— essary to carry out this section and the entry; or (i) by striking ‘‘Attorney General is au- amendments made by this section. ‘‘(ii) who is present in the United States thorized’’ and inserting ‘‘Secretary of Home- SEC. 225. REMOVAL OF DRUNK DRIVERS. and arrived in any manner at or between a land Security and Attorney General are au- (a) IN GENERAL.—Section 101(a)(43)(F) (8 port of entry.’’. thorized’’; and U.S.C. 1101(a)(43)(F)) is amended by inserting (c) LIMIT ON INJUNCTIVE RELIEF.—Section (ii) by striking ‘‘Attorney General or the ‘‘, including a third drunk driving convic- 242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by in- Service’’ and inserting ‘‘Secretary or the At- tion, regardless of the States in which the serting ‘‘or stay, whether temporarily or torney General’’. convictions occurred or whether the offenses otherwise,’’ after ‘‘enjoin’’. (c) PENALTIES.—Section 266 (8 U.S.C. 1306) are classified as misdemeanors or felonies (d) EFFECTIVE DATE.—The amendments is amended— under State law,’’ after ‘‘offense)’’. made by this section shall take effect on the (1) by amending subsection (b) to read as (b) EFFECTIVE DATE.—The amendment date of the enactment of this Act and shall follows: made by subsection (a) shall— apply to all aliens apprehended or convicted ‘‘(b) FAILURE TO PROVIDE NOTICE OF ALIEN’S (1) take effect on the date of the enactment on or after such date. CURRENT ADDRESS.— of this Act; and SEC. 228. PROTECTING IMMIGRANTS FROM CON- ‘‘(1) CRIMINAL PENALTIES.—Any alien or VICTED SEX OFFENDERS. any parent or legal guardian in the United (2) apply to convictions entered before, on, or after such date. (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. States of any minor alien who fails to notify 1154(a)(1)), is amended— the Secretary of Homeland Security of the SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS. (1) in subparagraph (A)(i), by striking alien’s current address in accordance with ‘‘Any’’ and inserting ‘‘Except as provided in section 265 shall be fined under title 18, Section 220(c) of the Immigration and Na- tionality Technical Corrections Act of 1994 (8 clause (vii), any’’; United States Code, imprisoned for not more (2) in subparagraph (A), by inserting after than 6 months, or both. U.S.C. 1182 note) is amended by striking ‘‘and before June 1, 2006.’’. clause (vi) the following: ‘‘(2) EFFECT ON IMMIGRATION STATUS.—Any ‘‘(vii) Clause (i) shall not apply to a citizen SEC. 227. EXPEDITED REMOVAL. alien who violates section 265 (regardless of of the United States who has been convicted (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) whether the alien is punished under para- of an offense described in subparagraph (A), is amended— graph (1)) and does not establish to the satis- (I), or (K) of section 101(a)(43), unless the (1) by striking the section heading and in- faction of the Secretary that such failure Secretary of Homeland Security, in the Sec- serting ‘‘EXPEDITED REMOVAL OF CRIMINAL was reasonably excusable or was not willful retary’s sole and unreviewable discretion, de- ALIENS’’; shall be taken into custody in connection termines that the citizen poses no risk to the (2) in subsection (a), by striking the sub- with removal of the alien. If the alien has alien with respect to whom a petition de- section heading and inserting: ‘‘EXPEDITED not been inspected or admitted, or if the scribed in clause (i) is filed.’’; and REMOVAL FROM CORRECTIONAL FACILITIES.— alien has failed on more than 1 occasion to (3) in subparagraph (B)(i)— ’’; submit notice of the alien’s current address (A) by striking ‘‘Any alien’’ and inserting (3) in subsection (b), by striking the sub- as required under section 265, the alien may the following: ‘‘(I) Except as provided in subsection heading and inserting: ‘‘REMOVAL OF be presumed to be a flight risk. The Sec- clause (II), any alien’’; and CRIMINAL ALIENS.—’’; retary or the Attorney General, in consid- (B) by adding at the end the following: (4) in subsection (b), by striking para- ering any form of relief from removal which ‘‘(II) Subclause (I) shall not apply in the graphs (1) and (2) and inserting the following: may be granted in the discretion of the Sec- case of an alien admitted for permanent resi- ‘‘(1) IN GENERAL.—The Secretary of Home- retary or the Attorney General, may take dence who has been convicted of an offense land Security may, in the case of an alien de- into consideration the alien’s failure to com- described in subparagraph (A), (I), or (K) of scribed in paragraph (2), determine the de- ply with section 265 as a separate negative section 101(a)(43), unless the Secretary of portability of such alien and issue an order factor. If the alien failed to comply with the Homeland Security, in the Secretary’s sole of removal pursuant to the procedures set requirements of section 265 after becoming and unreviewable discretion, determines that forth in this subsection or section 240. subject to a final order of removal, deporta- the alien lawfully admitted for permanent ‘‘(2) ALIENS DESCRIBED.—An alien is de- tion, or exclusion, the alien’s failure shall be residence poses no risk to the alien with re- scribed in this paragraph if the alien— considered as a strongly negative factor with spect to whom a petition described in sub- ‘‘(A) has not been lawfully admitted to the respect to any discretionary motion for re- clause (I) is filed.’’. United States for permanent residence; and opening or reconsideration filed by the (b) NONIMMIGRANTS.—Section 101(a)(15)(K) alien.’’; ‘‘(B) was convicted of any criminal offense (8 U.S.C. 1101(a)(15)(K)), is amended by in- (2) in subsection (c), by inserting ‘‘or a no- described in subparagraph (A)(iii), (C), or (D) serting ‘‘(other than a citizen described in tice of current address’’ before ‘‘containing of section 237(a)(2).’’; section 204(a)(1)(A)(vii))’’ after ‘‘citizen of statements’’; and (5) in the subsection (c) that relates to pre- the United States’’ each place that phrase (3) in subsections (c) and (d), by striking sumption of deportability, by striking ‘‘con- appears. ‘‘Attorney General’’ each place it appears victed of an aggravated felony’’ and inserting ‘‘described in subsection (b)(2)’’; SEC. 229. LAW ENFORCEMENT AUTHORITY OF and inserting ‘‘Secretary’’. STATES AND POLITICAL SUBDIVI- (d) EFFECTIVE DATES.— (6) by redesignating the subsection (c) that SIONS AND TRANSFER TO FEDERAL (1) IN GENERAL.—Except as provided in relates to judicial removal as subsection (d); CUSTODY. paragraph (2), the amendments made by this and (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. section shall apply to proceedings initiated (7) in subsection (d)(5) (as so redesignated), seq.) is amended by adding after section 240C on or after the date of the enactment of this by striking ‘‘, who is deportable under this the following new section: Act. Act,’’. ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF (2) CONFORMING AND TECHNICAL AMEND- (b) APPLICATION TO CERTAIN ALIENS.— STATES AND POLITICAL SUBDIVI- MENTS.—The amendments made by para- (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 SIONS AND TRANSFER OF ALIENS TO graphs (1)(A), (1)(B), (2) and (3) of subsection U.S.C. 1225(b)(1)(A)(iii)) is amended— FEDERAL CUSTODY. (a) are effective as if enacted on March 1, (A) in subclause (I), by striking ‘‘Attorney ‘‘(a) AUTHORITY.—Notwithstanding any 2003. General’’ and inserting ‘‘Secretary of Home- other provision of law, law enforcement per- SEC. 224. STATE AND LOCAL ENFORCEMENT OF land Security’’ each place it appears; and sonnel of a State, or a political subdivision FEDERAL IMMIGRATION LAWS. (B) by adding at the end the following new of a State, have the inherent authority of a (a) IN GENERAL.—Section 287(g) (8 U.S.C. subclause: sovereign entity to investigate, apprehend, 1357(g)) is amended— ‘‘(III) EXCEPTION.—Notwithstanding sub- arrest, detain, or transfer to Federal custody (1) in paragraph (2), by adding at the end clauses (I) and (II), the Secretary of Home- (including the transportation across State the following: ‘‘If such training is provided land Security shall apply clauses (i) and (ii) lines to detention centers) an alien for the by a State or political subdivision of a State of this subparagraph to any alien (other than purpose of assisting in the enforcement of to an officer or employee of such State or po- an alien described in subparagraph (F)) who the criminal provisions of the immigration

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2631 laws of the United States in the normal cilities which provide an appropriate level of (D) whose visa has been revoked. course of carrying out the law enforcement security; and (2) REMOVAL OF INFORMATION.—The head of duties of such personnel. This State author- ‘‘(2) if practicable, aliens detained solely the National Crime Information Center ity has never been displaced or preempted by for civil violations of Federal immigration should promptly remove any information a Federal law. law are separated within a facility or facili- provided by the Secretary under paragraph ‘‘(b) CONSTRUCTION.—Nothing in this sec- ties. (1) related to an alien who is granted lawful tion shall be construed to require law en- ‘‘(f) REQUIREMENT FOR SCHEDULE.—In car- authority to enter or remain legally in the forcement personnel of a State or a political rying out this section, the Secretary of United States. subdivision to assist in the enforcement of Homeland Security shall establish a regular (3) PROCEDURE FOR REMOVAL OF ERRONEOUS the immigration laws of the United States. circuit and schedule for the prompt transpor- INFORMATION.—The Secretary, in consulta- ‘‘(c) TRANSFER.—If the head of a law en- tation of apprehended aliens from the cus- tion with the head of the National Crime In- forcement entity of a State (or, if appro- tody of those States, and political subdivi- formation Center of the Department of Jus- priate, a political subdivision of the State) sions of States, which routinely submit re- tice, shall develop and implement a proce- exercising authority with respect to the ap- quests described in subsection (c), into Fed- dure by which an alien may petition the Sec- prehension or arrest of an alien submits a re- eral custody. retary or head of the National Crime Infor- quest to the Secretary of Homeland Security ‘‘(g) AUTHORITY FOR CONTRACTS.— mation Center, as appropriate, to remove that the alien be taken into Federal custody, ‘‘(1) IN GENERAL.—The Secretary of Home- any erroneous information provided by the the Secretary of Homeland Security— land Security may enter into contracts or Secretary under paragraph (1) related to ‘‘(1) shall— cooperative agreements with appropriate such alien. Under such procedures, failure by ‘‘(A) deem the request to include the in- State and local law enforcement and deten- the alien to receive notice of a violation of quiry to verify immigration status described tion agencies to implement this section. the immigration laws shall not constitute in section 642(c) of the Illegal Immigration ‘‘(2) DETERMINATION BY SECRETARY.—Prior cause for removing information provided by Reform and Immigrant Responsibility Act of to entering into a contract or cooperative the Secretary under paragraph (1) related to 1996 (8 U.S.C. 1373(c)), and expeditiously in- agreement with a State or political subdivi- such alien, unless such information is erro- form the requesting entity whether such in- sion of a State under paragraph (1), the Sec- neous. Notwithstanding the 180-day time pe- dividual is an alien lawfully admitted to the retary shall determine whether the State, or riod set forth in paragraph (1), the Secretary United States or is otherwise lawfully if appropriate, the political subdivision in shall not provide the information required present in the United States; and which the agencies are located, has in place under paragraph (1) until the procedures re- ‘‘(B) if the individual is an alien who is not any formal or informal policy that violates quired by this paragraph are developed and lawfully admitted to the United States or section 642 of the Illegal Immigration Re- implemented. otherwise is not lawfully present in the form and Immigrant Responsibility Act of (b) INCLUSION OF INFORMATION IN THE NA- United States— 1996 (8 U.S.C. 1373). The Secretary shall not TIONAL CRIME INFORMATION CENTER DATA- ‘‘(i) take the illegal alien into the custody allocate any of the funds made available BASE.—Section 534(a) of title 28, United of the Federal Government not later than 72 under this section to any State or political subdivision that has in place a policy that States Code, is amended— hours after— (1) in paragraph (3), by striking ‘‘and’’ at ‘‘(I) the conclusion of the State charging violates such section.’’. (b) AUTHORIZATION OF APPROPRIATIONS FOR the end; process or dismissal process; or (2) by redesignating paragraph (4) as para- ‘‘(II) the illegal alien is apprehended, if no THE DETENTION AND TRANSPORTATION TO FED- ERAL CUSTODY OF ALIENS NOT LAWFULLY graph (5); and State charging or dismissal process is re- (3) by inserting after paragraph (3) the fol- quired; or PRESENT.—There are authorized to be appropriated $850,000,000 for fiscal year 2007 and lowing new paragraph: ‘‘(ii) request that the relevant State or ‘‘(4) acquire, collect, classify, and preserve local law enforcement agency temporarily each subsequent fiscal year for the detention and removal of aliens not lawfully present in records of violations of the immigration laws detain or transport the alien to a location the United States under the Immigration of the United States; and’’. for transfer to Federal custody; and and Nationality Act (8 U.S.C. 1101 et. seq.). SEC. 232. COOPERATIVE ENFORCEMENT PRO- ‘‘(2) shall designate at least 1 Federal, GRAMS. State, or local prison or jail or a private con- SEC. 230. LAUNDERING OF MONETARY INSTRU- MENTS. Not later than 2 years after the date of the tracted prison or detention facility within Section 1956(c)(7)(D) of title 18, United enactment of this Act, the Secretary shall each State as the central facility for that States Code, is amended— negotiate and execute, where practicable, a State to transfer custody of aliens to the De- (1) by inserting ‘‘section 1590 (relating to cooperative enforcement agreement department of Homeland Security. trafficking with respect to peonage, slavery, scribed in section 287(g) of the Immigration ‘‘(d) REIMBURSEMENT.— involuntary servitude, or forced labor),’’ and Nationality Act (8 U.S.C. 1357(g)) with at ‘‘(1) IN GENERAL.—The Secretary of Home- after ‘‘section 1363 (relating to destruction of least 1 law enforcement agency in each land Security shall reimburse a State, or a property within the special maritime and State, to train law enforcement officers in political subdivision of a State, for expenses, territorial jurisdiction),’’; and the detection and apprehension of individ- as verified by the Secretary, incurred by the (2) by inserting ‘‘section 274(a) of the Im- uals engaged in transporting, harboring, State or political subdivision in the deten- migration and Nationality Act (8 sheltering, or encouraging aliens in violation tion and transportation of an alien as de- U.S.C.1324(a)) (relating to bringing in and of section 274 of such Act (8 U.S.C. 1324). scribed in subparagraphs (A) and (B) of sub- harboring certain aliens),’’ after ‘‘section 590 SEC. 233. INCREASE OF FEDERAL DETENTION section (c)(1). of the Tariff Act of 1930 (19 U.S.C. 1590) (re- SPACE AND THE UTILIZATION OF FA- ‘‘(2) COST COMPUTATION.—Compensation lating to aviation smuggling),’’. CILITIES IDENTIFIED FOR CLO- provided for costs incurred under subpara- SEC. 231. LISTING OF IMMIGRATION VIOLATORS SURES AS A RESULT OF THE DE- graphs (A) and (B) of subsection (c)(1) shall IN THE NATIONAL CRIME INFORMA- FENSE BASE CLOSURE REALIGN- be— TION CENTER DATABASE. MENT ACT OF 1990. ‘‘(A) the product of— (a) PROVISION OF INFORMATION TO THE NA- (a) CONSTRUCTION OR ACQUISITION OF DE- ‘‘(i) the average daily cost of incarceration TIONAL CRIME INFORMATION CENTER.— TENTION FACILITIES.— of a prisoner in the relevant State, as deter- (1) IN GENERAL.—Except as provided in (1) IN GENERAL.—The Secretary shall con- mined by the chief executive officer of a paragraph (3), not later than 180 days after struct or acquire, in addition to existing fa- State (or, as appropriate, a political subdivi- the date of the enactment of this Act, the cilities for the detention of aliens, 20 deten- sion of the State); multiplied by Secretary shall provide to the head of the tion facilities in the United States that have ‘‘(ii) the number of days that the alien was National Crime Information Center of the the capacity to detain a combined total of in the custody of the State or political sub- Department of Justice the information that not less than 10,000 individuals at any time division; plus the Secretary has or maintains related to for aliens detained pending removal or a de- ‘‘(B) the cost of transporting the alien any alien— cision on removal of such aliens from the from the point of apprehension or arrest to (A) against whom a final order of removal United States. the location of detention, and if the location has been issued; (2) DETERMINATION OF LOCATION.—The loca- of detention and of custody transfer are dif- (B) who enters into a voluntary departure tion of any detention facility built or ac- ferent, to the custody transfer point; plus agreement, or is granted voluntary depar- quired in accordance with this subsection ‘‘(C) the cost of uncompensated emergency ture by an immigration judge, whose period shall be determined with the concurrence of medical care provided to a detained alien for departure has expired under subsection the Secretary by the senior officer respon- during the period between the time of trans- (a)(3) of section 240B of the Immigration and sible for Detention and Removal Operations mittal of the request described in subsection Nationality Act (8 U.S.C. 1229c) (as amended in the Department. The detention facilities (c) and the time of transfer into Federal cus- by section 211(a)(1)(C)), subsection (b)(2) of shall be located so as to enable the officers tody. such section 240B, or who has violated a con- and employees of the Department to increase ‘‘(e) REQUIREMENT FOR APPROPRIATE SECU- dition of a voluntary departure agreement to the maximum extent practicable the an- RITY.—The Secretary of Homeland Security under such section 240B; nual rate and level of removals of illegal shall ensure that— (C) whom a Federal immigration officer aliens from the United States. ‘‘(1) aliens incarcerated in a Federal facil- has confirmed to be unlawfully present in (3) USE OF INSTALLATIONS UNDER BASE CLO- ity pursuant to this section are held in fa- the United States; and SURE LAWS.—In acquiring detention facilities

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2632 CONGRESSIONAL RECORD — SENATE March 30, 2006 under this subsection, the Secretary shall modate the volume of criminal cases brought similar official of the employer shall certify consider the transfer of appropriate portions against aliens in the Federal courts. under penalty of perjury that— of military installations approved for closure (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) the employer is in compliance with or realignment under the Defense Base Clo- There are authorized to be appropriated for the requirements of subsections (c) and (d); sure and Realignment Act of 1990 (part A of each of fiscal years 2007 through 2011, such or title XXIX of Public Law 101–510; 10 U.S.C. sums as may be necessary to carry out this ‘‘(B) that the employer has instituted a 2687 note) for use in accordance with para- Act. Funds appropriated pursuant to this program to come into compliance with such graph (1). subsection in any fiscal year shall remain requirements. (b) TECHNICAL AND CONFORMING AMEND- available until expended. ‘‘(3) EXTENSION.—The 60-day period referred MENT.—Section 241(g)(1) (8 U.S.C. 1231(g)(1)) TITLE III—UNLAWFUL EMPLOYMENT OF to in paragraph (2), may be extended by the is amended by striking ‘‘may expend’’ and ALIENS Secretary for good cause, at the request of inserting ‘‘shall expend’’. the employer. SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) PUBLICATION.—The Secretary is au- There are authorized to be appropriated such (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) is amended to read as follows: thorized to publish in the Federal Register sums as may be necessary to carry out this standards or methods for certification and section. ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. for specific record-keeping practices with re- ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- SEC. 234. DETERMINATION OF IMMIGRATION STA- spect to such certification, and procedures IZED ALIENS UNLAWFUL.— TUS OF INDIVIDUALS CHARGED for the audit of any records related to such WITH FEDERAL OFFENSES. ‘‘(1) IN GENERAL.—It is unlawful for an em- certification. (a) RESPONSIBILITY OF UNITED STATES AT- ployer— ‘‘(c) DOCUMENT VERIFICATION REQUIRE- TORNEYS.—Beginning not later than 2 years ‘‘(A) to hire, or to recruit or refer for a fee, MENTS.—An employer hiring, or recruiting or after the date of the enactment of this Act, an alien for employment in the United referring for a fee, an individual for employ- the office of the United States Attorney that States knowing, or with reason to know, ment in the United States shall take all rea- is prosecuting a criminal case in a Federal that the alien is an unauthorized alien with sonable steps to verify that the individual is court— respect to such employment; or eligible for such employment. Such steps (1) shall determine, not later than 30 days ‘‘(B) to hire, or to recruit or refer for a fee, shall include meeting the requirements of after filing the initial pleadings in the case, for employment in the United States an indi- subsection (d) and the following paragraphs: whether each defendant in the case is law- vidual unless such employer meets the re- ‘‘(1) ATTESTATION BY EMPLOYER.— fully present in the United States (subject to quirements of subsections (c) and (d). ‘‘(A) REQUIREMENTS.— subsequent legal proceedings to determine ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw- ‘‘(i) IN GENERAL.—The employer shall at- otherwise); ful for an employer, after lawfully hiring an test, under penalty of perjury and on a form (2)(A) if the defendant is determined to be alien for employment, to continue to employ prescribed by the Secretary, that the em- an alien lawfully present in the United the alien in the United States knowing or ployer has verified the identity and eligi- States, shall notify the court in writing of with reason to know that the alien is (or has bility for employment of the individual by the determination and the current status of become) an unauthorized alien with respect examining— the alien under the Immigration and Nation- to such employment. ‘‘(I) a document described in subparagraph ality Act (8 U.S.C. 1101 et seq.); and ‘‘(3) USE OF LABOR THROUGH CONTRACT.—In (B); or (B) if the defendant is determined not to be this section, an employer who uses a con- ‘‘(II) a document described in subparagraph lawfully present in the United States, shall tract, subcontract, or exchange, entered (C) and a document described in subpara- notify the court in writing of the determina- into, renegotiated, or extended after the date graph (D). tion, the defendant’s alien status, and, to the of the enactment of the Comprehensive Im- ‘‘(ii) SIGNATURE REQUIREMENTS.—An attes- extent possible, the country of origin or migration Reform Act of 2006, to obtain the tation required by clause (i) may be mani- legal residence of the defendant; and labor of an alien in the United States know- fested by a handwritten or electronic signa- (3) ensure that the information described ing, or with reason to know, that the alien is ture. in paragraph (2) is included in the case file an unauthorized alien with respect to per- ‘‘(iii) STANDARDS FOR EXAMINATION.—An and the criminal records system of the office forming such labor, shall be considered to employer has complied with the requirement of the United States attorney. have hired the alien for employment in the of this paragraph with respect to examina- (b) GUIDELINES.—A determination made United States in violation of paragraph tion of documentation if, based on the total- under subsection (a)(1) shall be made in ac- (1)(A). ity of the circumstances, a reasonable person cordance with guidelines of the Executive EBUTTABLE PRESUMPTION OF UNLAW- would conclude that the document examined Office for Immigration Review of the Depart- ‘‘(4) R is genuine and establishes the individual’s ment of Justice. FUL HIRING.—If the Secretary determines identity and eligibility for employment in (c) RESPONSIBILITIES OF FEDERAL COURTS.— that an employer has hired more than 10 un- the United States. (1) MODIFICATIONS OF RECORDS AND CASE authorized aliens during a calendar year, a ‘‘(iv) REQUIREMENTS FOR EMPLOYMENT ELI- MANAGEMENTS SYSTEMS.—Not later than 2 rebuttable presumption is created for the years after the date of the enactment of this purpose of a civil enforcement proceeding, GIBILITY SYSTEM PARTICIPANTS.—A partici- Act, all Federal courts that hear criminal that the employer knew or had reason to pant in the Electronic Employment cases, or appeals of criminal cases, shall know that such aliens were unauthorized. Verification System established under sub- modify their criminal records and case man- ‘‘(5) DEFENSE.— section (d), regardless of whether such par- agement systems, in accordance with guide- ‘‘(A) IN GENERAL.—Subject to subparagraph ticipation is voluntary or mandatory, shall lines which the Director of the Administra- (B), an employer that establishes that the be permitted to utilize any technology that tive Office of the United States Courts shall employer has complied in good faith with the is consistent with this section and with any establish, so as to enable accurate reporting requirements of subsections (c) and (d) has regulation or guidance from the Secretary to of information described in subsection (a)(2). established an affirmative defense that the streamline the procedures to comply with the attestation requirement, and to comply (2) DATA ENTRIES.—Beginning not later employer has not violated paragraph (1)(A) than 2 years after the date of the enactment with respect to such hiring, recruiting, or re- with the employment eligibility verification of this Act, each Federal court described in ferral. requirements contained in this section. paragraph (1) shall enter into its electronic ‘‘(B) EXCEPTION.—Until the date that an ‘‘(B) DOCUMENTS ESTABLISHING BOTH EM- records the information contained in each employer is required to participate in the PLOYMENT ELIGIBILITY AND IDENTITY.—A doc- notification to the court under subsection Electronic Employment Verification System ument described in this subparagraph is an (a)(2). under subsection (d) or is permitted to par- individual’s— (d) CONSTRUCTION.—Nothing in this section ticipate in such System on a voluntary basis, ‘‘(i) United States passport; or may be construed to provide a basis for ad- the employer may establish an affirmative ‘‘(ii) permanent resident card or other doc- mitting evidence to a jury or releasing infor- defense under subparagraph (A) without a ument designated by the Secretary, if the mation to the public regarding an alien’s im- showing of compliance with subsection (d). document— migration status. ‘‘(b) ORDER OF INTERNAL REVIEW AND CER- ‘‘(I) contains a photograph of the indi- (e) ANNUAL REPORT TO CONGRESS.—The Di- TIFICATION OF COMPLIANCE.— vidual and such other personal identifying rector of the Administrative Office of the ‘‘(1) AUTHORITY TO REQUIRE CERTIFI- information relating to the individual that United States Courts shall include, in the CATION.—If the Secretary has reasonable the Secretary proscribes in regulations is annual report filed with Congress under sec- cause to believe that an employer has failed sufficient for the purposes of this subpara- tion 604 of title 28, United States Code— to comply with this section, the Secretary is graph; (1) statistical information on criminal authorized, at any time, to require that the ‘‘(II) is evidence of eligibility for employ- trials of aliens in the courts and criminal employer certify that the employer is in ment in the United States; and convictions of aliens in the lower courts and compliance with this section, or has insti- ‘‘(III) contains security features to make upheld on appeal, including the type of crime tuted a program to come into compliance. the document resistant to tampering, coun- in each case and including information on ‘‘(2) CONTENT OF CERTIFICATION.—Not later terfeiting, and fraudulent use. the legal status of the aliens; and than 60 days after the date an employer re- ‘‘(C) DOCUMENTS EVIDENCING EMPLOYMENT (2) recommendations on whether addi- ceives a request for a certification under ELIGIBILITY.—A document described in this tional court resources are needed to accom- paragraph (1) the chief executive officer or subparagraph is an individual’s—

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‘‘(i) social security account number card ‘‘(ii) SIGNATURE FOR EXAMINATION.—An at- indirectly, the issuance, use, or establish- issued by the Commissioner of Social Secu- testation required by clause (i) may be mani- ment of a national identification card. rity (other than a card which specifies on its fested by a handwritten or electronic signa- ‘‘(d) ELECTRONIC EMPLOYMENT face that the issuance of the card does not ture. VERIFICATION SYSTEM.— authorize employment in the United States); ‘‘(B) PENALTIES.—An individual who falsely ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec- or represents that the individual is eligible for retary, in cooperation with the Commis- ‘‘(ii) any other documents evidencing eligi- employment in the United States in an at- sioner of Social Security, shall implement bility of employment in the United States, testation required by subparagraph (A) shall, an Electronic Employment Verification Sys- if— for each such violation, be subject to a fine tem (referred to in this subsection as the ‘‘(I) the Secretary has published a notice in of not more than $5,000, a term of imprison- ‘System’) as described in this subsection. the Federal Register stating that such document not to exceed 3 years, or both. ‘‘(2) MANAGEMENT OF SYSTEM.— ‘‘(A) IN GENERAL.—The Secretary shall, ment is acceptable for purposes of this sub- ‘‘(3) RETENTION OF ATTESTATION.—An em- paragraph; and ployer shall retain a paper, microfiche, through the System— ‘‘(II) contains security features to make microfilm, or electronic version of an attes- ‘‘(i) provide a response to an inquiry made by an employer through the Internet or the document resistant to tampering, coun- tation submitted under paragraph (1) or (2) other electronic media or over a telephone terfeiting, and fraudulent use. for an individual and make such attestations line regarding an individual’s identity and ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF available for inspection by an officer of the eligibility for employment in the United INDIVIDUAL.—A document described in this Department of Homeland Security, any States; subparagraph is an individual’s— other person designated by the Secretary, ‘‘(ii) establish a set of codes to be provided ‘‘(i) driver’s license or identity card issued the Special Counsel for Immigration-Related through the System to verify such identity by a State, the Commonwealth of the North- Unfair Employment Practices of the Depart- and authorization; and ern Mariana Islands, or an outlying posses- ment of Justice, or the Secretary of Labor ‘‘(iii) maintain a record of each such in- sion of the United States that complies with during a period beginning on the date of the quiry and the information and codes pro- the requirements of the REAL ID Act of 2005 hiring, or recruiting or referring for a fee, of vided in response to such inquiry. (division B of Public Law 109–13; 119 Stat. the individual and ending— ‘‘(B) INITIAL RESPONSE.—Not later than 3 302); ‘‘(A) in the case of the recruiting or refer- days after an employer submits an inquiry to ‘‘(ii) driver’s license or identity card issued ral for a fee (without hiring) of an individual, the System regarding an individual, the Sec- by a State, the Commonwealth of the North- 7 years after the date of the recruiting or re- retary shall provide, through the System, to ern Mariana Islands, or an outlying posses- ferral; or the employer— sion of the United States that is not in com- ‘‘(B) in the case of the hiring of an indi- ‘‘(i) if the System is able to confirm the in- pliance with the requirements of the REAL vidual the later of— dividual’s identity and eligibility for em- ID Act of 2005, if the license or identity ‘‘(i) 7 years after the date of such hiring; ployment in the United States, a confirma- card— ‘‘(ii) 1 year after the date the individual’s tion notice, including the appropriate codes ‘‘(I) is not required by the Secretary to employment is terminated; or on such confirmation notice; or comply with such requirements; and ‘‘(iii) in the case of an employer or class of ‘‘(ii) if the System is unable to confirm the ‘‘(II) contains the individual’s photograph employers, a period that is less than the ap- individual’s identity or eligibility for em- or information, including the individual’s plicable period described in clause (i) or (ii) ployment in the United States, a tentative name, date of birth, gender, and address; and if the Secretary reduces such period for such nonconfirmation notice, including the appro- ‘‘(iii) identification card issued by a Fed- employer or class of employers. priate codes for such nonconfirmation no- eral agency or department, including a ‘‘(4) DOCUMENT RETENTION AND RECORD tice. branch of the Armed Forces, or an agency, KEEPING REQUIREMENTS.— ‘‘(C) VERIFICATION PROCESS IN CASE OF A department, or entity of a State, or a Native ‘‘(A) RETENTION OF DOCUMENTS.—An em- TENTATIVE NONCONFIRMATION NOTICE.— American tribal document, provided that ployer shall retain, for the applicable period ‘‘(i) IN GENERAL.—If a tentative noncon- such card or document— described in paragraph (3), the following doc- firmation notice is issued under subpara- ‘‘(I) contains the individual’s photograph uments: graph (B)(ii), not later than 10 days after the or information including the individual’s ‘‘(i) IN GENERAL.—Notwithstanding any date an individual submits information to name, date of birth, gender, eye color, and other provision of law, the employer shall contest such notice under paragraph address; and copy all documents presented by an indi- (7)(C)(ii)(III), the Secretary, through the ‘‘(II) contains security features to make vidual pursuant to this subsection and shall System, shall issue a final confirmation no- the card resistant to tampering, counter- retain paper, microfiche, microfilm, or elec- tice or a final nonconfirmation notice to the feiting, and fraudulent use; or tronic copies of such documents. Such copies employer, including the appropriate codes ‘‘(iv) in the case of an individual who is shall reflect the signature of the employer for such notice. under 16 years of age who is unable to and the individual and the date of receipt of ‘‘(ii) DEVELOPMENT OF PROCESS.—The Sec- present a document described in clause (i), such documents. retary shall consult with the Commissioner (ii), or (iii), a document of personal identity ‘‘(ii) USE OF RETAINED DOCUMENTS.—An em- of Social Security to develop a verification of such other type that— ployer shall use copies retained under clause process to be used to provide a final con- ‘‘(I) the Secretary determines is a reliable (i) only for the purposes of complying with firmation notice or a final nonconfirmation means of identification; and the requirements of this subsection, except notice under clause (i). ‘‘(II) contains security features to make as otherwise permitted under law. ‘‘(D) DESIGN AND OPERATION OF SYSTEM.— the document resistant to tampering, coun- ‘‘(B) RETENTION OF SOCIAL SECURITY COR- The Secretary, in consultation with the terfeiting, and fraudulent use. RESPONDENCE.—The employer shall maintain Commissioner of Social Security, shall de- ‘‘(E) AUTHORITY TO PROHIBIT USE OF CER- records related to an individual of any no- sign and operate the System— TAIN DOCUMENTS.— match notice from the Commissioner of So- ‘‘(i) to maximize reliability and ease of use ‘‘(i) AUTHORITY.—If the Secretary finds cial Security regarding the individual’s by employers in a manner that protects and that a document or class of documents de- name or corresponding social security ac- maintains the privacy and security of the inscribed in subparagraph (B), (C), or (D) is not count number and the steps taken to resolve formation maintained in the System; reliable to establish identity or eligibility each issue described in the no-match notice. ‘‘(ii) to respond to each inquiry made by an for employment (as the case may be) or is ‘‘(C) RETENTION OF CLARIFICATION DOCU- employer; and being used fraudulently to an unacceptable MENTS.—The employer shall maintain ‘‘(iii) to track and record any occurrence degree, the Secretary is authorized to pro- records of any actions and copies of any cor- when the System is unable to receive such hibit, or impose conditions, on the use of respondence or action taken by the employer an inquiry; such document or class of documents for pur- to clarify or resolve any issue that raises ‘‘(iv) to include appropriate administra- poses of this subsection. reasonable doubt as to the validity of the in- tive, technical, and physical safeguards to ‘‘(ii) REQUIREMENT FOR PUBLICATION.—The dividual’s identity or eligibility for employ- prevent unauthorized disclosure of personal Secretary shall publish notice of any find- ment in the United States. information; ings under clause (i) in the Federal Register. ‘‘(D) RETENTION OF OTHER RECORDS.—The ‘‘(v) to allow for monitoring of the use of ‘‘(2) ATTESTATION OF EMPLOYEE.— Secretary may require that an employer re- the System and provide an audit capability; ‘‘(A) REQUIREMENTS.— tain copies of additional records related to and ‘‘(i) IN GENERAL.—The individual shall at- the individual for the purposes of this sec- ‘‘(vi) to have reasonable safeguards, devel- test, under penalty of perjury on the form tion. oped in consultation with the Attorney Gen- prescribed by the Secretary, that the indi- ‘‘(5) PENALTIES.—An employer that fails to eral, to prevent employers from engaging in vidual is a national of the United States, an comply with the requirement of this sub- unlawful discriminatory practices, based on alien lawfully admitted for permanent resi- section shall be subject to the penalties de- national origin or citizenship status. dence, or an alien who is authorized under scribed in subsection (e)(4)(B). ‘‘(E) RESPONSIBILITIES OF THE COMMIS- this Act or by the Secretary to be hired, re- ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI- SIONER OF SOCIAL SECURITY.—The Commis- cruited or referred for a fee, in the United FICATION CARDS.—Nothing in this section sioner of Social Security shall establish a re- States. may be construed to authorize, directly or liable, secure method to provide through the

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System, within the time periods required by ‘‘(C) MIDSIZED EMPLOYERS.—Not later than ‘‘(ii) retain the original of such form and subparagraphs (B) and (C)— 3 years after the date of enactment of the make such form available for inspection for ‘‘(i) a determination of whether the name Comprehensive Immigration Reform Act of the periods and in the manner described in and social security account number provided 2006, the Secretary shall require an employer subsection (c)(3). in an inquiry by an employer match such in- with less than 5,000 employees and with 1,000 ‘‘(B) SEEKING VERIFICATION.—The employer formation maintained by the Commissioner or more employees in the United States to shall submit an inquiry through the System in order to confirm the validity of the infor- participate in the System, with respect to all to seek confirmation of the individual’s iden- mation provided; employees hired by the employer after the tity and eligibility for employment in the ‘‘(ii) a determination of whether such so- date the Secretary requires such participa- United States— cial security account number was issued to tion. ‘‘(i) not later than 3 working days (or such the named individual; ‘‘(D) SMALL EMPLOYERS.—Not later than 4 other reasonable time as may be specified by ‘‘(iii) a determination of whether such so- years after the date of the enactment of the the Secretary of Homeland Security) after cial security account number is valid for em- Comprehensive Immigration Reform Act of the date of the hiring, or recruiting or refer- ployment in the United States; and 2006, the Secretary shall require all employ- ring for a fee, of the individual (as the case ‘‘(iv) a confirmation notice or a noncon- ers with less than 1,000 employees and with may be); or firmation notice under subparagraph (B) or 250 or more employees in the United States ‘‘(ii) in the case of an employee hired prior (C), in a manner that ensures that other in- to participate in the System, with respect to to the date of enactment of the Comprehen- formation maintained by the Commissioner all employees hired by the employer after sive Immigration Reform Act of 2006, at such the date the Secretary requires such partici- is not disclosed or released to employers time as the Secretary shall specify. pation. through the System. ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— ‘‘(E) REMAINING EMPLOYERS.—Not later ‘‘(F) RESPONSIBILITIES OF THE SECRETARY.— ‘‘(i) CONFIRMATION UPON INITIAL INQUIRY.—If than 5 years after the date of the enactment The Secretary shall establish a reliable, se- an employer receives a confirmation notice of the Comprehensive Immigration Reform cure method to provide through the System, under paragraph (2)(B)(i) for an individual, Act of 2006, the Secretary shall require all within the time periods required by subpara- the employer shall record, on the form speci- employers in the United States to partici- graphs (B) and (C)— pate in the System, with respect to all em- fied by the Secretary, the appropriate code ‘‘(i) a determination of whether the name ployees hired by an employer after the date provided in such notice. and alien identification or authorization the Secretary requires such participation. ‘‘(ii) NONCONFIRMATION AND VERIFICATION.— number provided in an inquiry by an em- ‘‘(I) NONCONFIRMATION.—If an employer re- ‘‘(F) REQUIREMENT TO PUBLISH.—The Sec- ployer match such information maintained retary shall publish in the Federal Register ceives a tentative nonconfirmation notice by the Secretary in order to confirm the va- the requirements for participation in the under paragraph (2)(B)(ii) for an individual, lidity of the information provided; System as described in subparagraphs (A), the employer shall inform such individual of ‘‘(ii) a determination of whether such num- (B), (C), (D), and (E) prior to the effective the issuances of such notice in writing and ber was issued to the named individual; date of such requirements. the individual may contest such noncon- ‘‘(iii) a determination of whether the indi- ‘‘(4) OTHER PARTICIPATION IN SYSTEM.—Not- firmation notice. vidual is authorized to be employed in the withstanding paragraph (3), the Secretary ‘‘(II) NO CONTEST.—If the individual does United States; and has the authority, in the Secretary’s sole not contest the tentative nonconfirmation ‘‘(iv) any other related information that and unreviewable discretion— notice under subclause (I) within 10 days of the Secretary may require. ‘‘(A) to permit any employer that is not re- receiving notice from the individual’s em- ‘‘(G) UPDATING INFORMATION.—The Com- quired to participate in the System under ployer, the notice shall become final and the missioner of Social Security and the Sec- paragraph (3) to participate in the System on employer shall record on the form specified retary shall update the information main- a voluntary basis; and by the Secretary, the appropriate code pro- tained in the System in a manner that pro- ‘‘(B) to require any employer that is re- vided in the nonconfirmation notice. motes maximum accuracy and shall provide quired to participate in the System under ‘‘(III) CONTEST.—If the individual contests a process for the prompt correction of erro- paragraph (3) with respect to newly hired the tentative nonconfirmation notice under neous information. employees to participate in the System with subclause (I), the individual shall submit ap- ‘‘(3) REQUIREMENTS FOR PARTICIPATION.— respect to all employees hired by the em- propriate information to contest such notice Except as provided in paragraphs (4) and (5), ployer prior to, on, or after the date of the to the System within 10 days of receiving no- the Secretary shall require employers to par- enactment of the Comprehensive Immigra- tice from the individual’s employer and shall ticipate in the System as follows: tion Reform Act of 2006, if the Secretary has utilize the verification process developed ‘‘(A) CRITICAL EMPLOYERS.— reasonable cause to believe that the em- under paragraph (2)(C)(ii). ‘‘(i) REQUIRED PARTICIPATION.—As of the ployer has engaged in violations of the im- ‘‘(IV) EFFECTIVE PERIOD OF TENTATIVE NON- date that is 180 days after the date of the en- migration laws. CONFIRMATION.—A tentative nonconfirmation actment of the Comprehensive Immigration ‘‘(5) WAIVER.—The Secretary is authorized notice shall remain in effect until a final Reform Act of 2006, the Secretary shall re- to waive or delay the participation require- such notice becomes final under clause (II) quire any employer or class of employers to ments of paragraph (3) with respect to any or a final confirmation notice or final non- participate in the System, with respect to employer or class of employers if the Sec- confirmation notice is issued by the System. employees hired by the employer prior to, retary provides notice to Congress of such ‘‘(V) PROHIBITION ON TERMINATION.—An em- on, or after such date of enactment, if the waiver prior to the date such waiver is ployer may not terminate the employment Secretary determines, in the Secretary’s sole granted. of an individual based on a tentative noncon- and unreviewable discretion, such employer ‘‘(6) CONSEQUENCE OF FAILURE TO PARTICI- firmation notice until such notice becomes or class of employer is— PATE.—If an employer is required to partici- final under clause (II) or a final noncon- ‘‘(I) part of the critical infrastructure of pate in the System and fails to comply with firmation notice is issued for the individual the United States; or the requirements of the System with respect by the System. Nothing in this clause shall ‘‘(II) directly related to the national secu- to an individual— apply to a termination of employment for rity or homeland security of the United ‘‘(A) such failure shall be treated as a vio- any reason other than because of such a fail- States. lation of subsection (a)(1)(B) of this section ure. ‘‘(ii) DISCRETIONARY PARTICIPATION.—As of with respect to such individual; and ‘‘(VI) RECORDING OF CONCLUSION ON FORM.— the date that is 180 days after the date of the ‘‘(B) a rebuttable presumption is created If a final confirmation or nonconfirmation is enactment of the Comprehensive Immigra- that the employer has violated subsection provided by the System regarding an indi- tion Reform Act of 2006, the Secretary may (a)(1)(A) of this section, however such pre- vidual, the employer shall record on the require an additional employer or class of sumption may not apply to a prosecution form designated by the Secretary the appro- employers to participate in the System with under subsection (f)(1). priate code that is provided under the Sys- respect to employees hired on or after such ‘‘(7) SYSTEM REQUIREMENTS.— tem to indicate a confirmation or noncon- date if the Secretary designates such em- ‘‘(A) IN GENERAL.—An employer that par- firmation of the identity and employment ployer or class of employers, in the Sec- ticipates in the System, with respect to the eligibility of the individual. retary’s sole and unreviewable discretion, as hiring, or recruiting or referring for a fee, ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— a critical employer based on immigration en- any individual for employment in the United ‘‘(i) TERMINATION OF CONTINUED EMPLOY- forcement or homeland security needs. States, shall— MENT.—If the employer has received a final ‘‘(B) LARGE EMPLOYERS.—Not later than 2 ‘‘(i) obtain from the individual and record nonconfirmation regarding an individual, years after the date of the enactment of the on the form designated by the Secretary— the employer shall terminate the employ- Comprehensive Immigration Reform Act of ‘‘(I) the individual’s social security ac- ment, recruitment, or referral of the indi- 2006, the Secretary shall require an employer count number; and vidual. Such employer shall provide to the with 5,000 or more employees in the United ‘‘(II) in the case of an individual who does Secretary any information relating to the States to participate in the System, with re- not attest that the individual is a national of nonconfirmed individual that the Secretary spect to all employees hired by the employer the United States under subsection (c)(2), determines would assist the Secretary in en- after the date the Secretary requires such such identification or authorization number forcing or administering the immigration participation. that the Secretary shall require; and laws. If the employer continues to employ,

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2635 recruit, or refer the individual after receiv- Fair Labor Standards Act of 1938 (29 U.S.C. than $6,000 and not more than $20,000 for each ing final nonconfirmation, a rebuttable pre- 211(a)) to ensure compliance with the provi- unauthorized alien with respect to each such sumption is created that the employer has sions of this title, or any regulation or order violation. violated subsections (a)(1)(A) and (a)(2). Such issued under this title. ‘‘(B) RECORD KEEPING OR VERIFICATION presumption may not apply to a prosecution ‘‘(3) COMPLIANCE PROCEDURES.— PRACTICES.—Any employer that violates or under subsection (f)(1). ‘‘(A) PREPENALTY NOTICE.—If the Secretary fails to comply with the requirements of sub- ‘‘(8) PROTECTION FROM LIABILITY.—No em- has reasonable cause to believe that there section (b), (c), or (d), shall pay a civil pen- ployer that participates in the System shall has been a violation of a requirement of this alty as follows: be liable under any law for any employment- section and determines that further pro- ‘‘(i) Pay a civil penalty of not less than related action taken with respect to an indi- ceedings related to such violation are war- $200 and not more than $2,000 for each such vidual in good faith reliance on information ranted, the Secretary shall issue to the em- violation. provided by the System. ployer concerned a written notice of the Sec- ‘‘(ii) If the employer has previously been ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— retary’s intention to issue a claim for a fine fined 1 time under this subparagraph, pay a Notwithstanding any other provision of law, or other penalty. Such notice shall— civil penalty of not less than $400 and not nothing in this subsection shall be construed ‘‘(i) describe the violation; more than $4,000 for each such violation. to permit or allow any department, bureau, ‘‘(ii) specify the laws and regulations alleg- ‘‘(iii) If the employer has previously been or other agency of the United States to uti- edly violated; fined more than 1 time under this subpara- lize any information, database, or other ‘‘(iii) disclose the material facts which es- graph or has failed to comply with a pre- records used in the System for any purpose tablish the alleged violation; and viously issued and final order related to such other than as provided for under this sub- ‘‘(iv) inform such employer that the em- requirements, pay a civil penalty of $6,000 for section. ployer shall have a reasonable opportunity each such violation. ‘‘(10) MODIFICATION AUTHORITY.—The Sec- to make representations as to why a claim ‘‘(C) OTHER PENALTIES.—Notwithstanding retary, after notice is submitted to Congress for a monetary or other penalty should not subparagraphs (A) and (B), the Secretary and provided to the public in the Federal be imposed. may impose additional penalties for viola- Register, is authorized to modify the re- ‘‘(B) REMISSION OR MITIGATION OF PEN- tions, including cease and desist orders, spe- quirements of this subsection, including re- ALTIES.— cially designed compliance plans to prevent quirements with respect to completion of ‘‘(i) PETITION BY EMPLOYER.—Whenever any further violations, suspended fines to take forms, method of storage, attestations, copy- employer receives written notice of a fine or effect in the event of a further violation, and ing of documents, signatures, methods of other penalty in accordance with subpara- in appropriate cases, the civil penalty de- transmitting information, and other oper- graph (A), the employer may file within 30 scribed in subsection (g)(2). ational and technical aspects to improve the days from receipt of such notice, with the ‘‘(D) REDUCTION OF PENALTIES.—Notwith- efficiency, accuracy, and security of the Sys- Secretary a petition for the remission or standing subparagraphs (A), (B), and (C), the tem. mitigation of such fine or penalty, or a peti- Secretary is authorized to reduce or mitigate ‘‘(11) FEES.—The Secretary is authorized to tion for termination of the proceedings. The penalties imposed upon employers, based require any employer participating in the petition may include any relevant evidence upon factors including the employer’s hiring System to pay a fee or fees for such partici- or proffer of evidence the employer wishes to volume, compliance history, good faith im- pation. The fees may be set at a level that present, and shall be filed and considered in plementation of a compliance program, par- will recover the full cost of providing the accordance with procedures to be established ticipation in a temporary worker program, System to all participants. The fees shall be by the Secretary. and voluntary disclosure of violations of this deposited and remain available as provided ‘‘(ii) REVIEW BY SECRETARY.—If the Sec- subsection to the Secretary. in subsection (m) and (n) of section 286 and retary finds that such fine or other penalty ‘‘(E) ADJUSTMENT FOR INFLATION.—All pen- the System is providing an immigration ad- was incurred erroneously, or finds the exist- alties in this section may be adjusted every judication and naturalization service for pur- ence of such mitigating circumstances as to 4 years to account for inflation, as provided poses of section 286(n). justify the remission or mitigation of such by law. ‘‘(12) REPORT.—Not later than 1 year after fine or penalty, the Secretary may remit or ‘‘(5) JUDICIAL REVIEW.—An employer ad- the date of the enactment of the Comprehen- mitigate such fine or other penalty on the versely affected by a final determination sive Immigration Reform Act of 2006, the terms and conditions as the Secretary deter- may, within 45 days after the date the final Secretary shall submit to Congress a report mines are reasonable and just, or order ter- determination is issued, file a petition in the on the capacity, systems integrity, and accu- mination of any proceedings related to the Court of Appeals for the appropriate circuit racy of the System. notice. Such mitigating circumstances may for review of the order. The filing of a peti- ‘‘(e) COMPLIANCE.— include good faith compliance and participation as provided in this paragraph shall stay ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The tion in, or agreement to participate in, the the Secretary’s determination until entry of Secretary shall establish procedures— System, if not otherwise required. judgment by the court. The burden shall be ‘‘(A) for individuals and entities to file ‘‘(iii) APPLICABILITY.—This subparagraph on the employer to show that the final deter- complaints regarding potential violations of may not apply to an employer that has or is mination was not supported by substantial subsection (a); engaged in a pattern or practice of violations evidence. The Secretary is authorized to re- ‘‘(B) for the investigation of those com- of paragraph (1)(A), (1)(B), or (2) of sub- quire that the petitioner provide, prior to fil- plaints that the Secretary deems it appro- section (a) or of any other requirements of ing for review, security for payment of fines priate to investigate; and this section. and penalties through bond or other guar- ‘‘(C) for the investigation of such other ‘‘(C) PENALTY CLAIM.—After considering antee of payment acceptable to the Sec- violations of subsection (a), as the Secretary evidence and representations offered by the retary. determines are appropriate. employer pursuant to subparagraph (B), the ‘‘(6) ENFORCEMENT OF ORDERS.—If an em- ‘‘(2) AUTHORITY IN INVESTIGATIONS.— Secretary shall determine whether there was ployer fails to comply with a final deter- ‘‘(A) IN GENERAL.—In conducting investiga- a violation and promptly issue a written mination issued against that employer under tions and hearings under this subsection, of- final determination setting forth the find- this subsection, and the final determination ficers and employees of the Department of ings of fact and conclusions of law on which is not subject to review as provided in para- Homeland Security— the determination is based and the appro- graph (5), the Attorney General may file suit ‘‘(i) shall have reasonable access to exam- priate penalty. to enforce compliance with the final deter- ine evidence of any employer being inves- ‘‘(4) CIVIL PENALTIES.— mination in any appropriate district court of tigated; and ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- the United States. In any such suit, the va- ‘‘(ii) if designated by the Secretary of AUTHORIZED ALIENS.—Any employer that vio- lidity and appropriateness of the final deter- Homeland Security, may compel by sub- lates any provision of paragraph (1)(A) or (2) mination shall not be subject to review. poena the attendance of witnesses and the of subsection (a) shall pay civil penalties as ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS production of evidence at any designated follows: FOR PATTERN OR PRACTICE VIOLATIONS.— place in an investigation or case under this ‘‘(i) Pay a civil penalty of not less than ‘‘(1) CRIMINAL PENALTY.—An employer that subsection. $500 and not more than $4,000 for each unau- engages in a pattern or practice of knowing ‘‘(B) FAILURE TO COOPERATE.—In case of re- thorized alien with respect to each such vio- violations of subsection (a)(1)(A) or (a)(2) fusal to obey a subpoena lawfully issued lation. shall be fined not more than $20,000 for each under subparagraph (A)(ii), the Secretary ‘‘(ii) If the employer has previously been unauthorized alien with respect to whom may request that the Attorney General fined 1 time under this subparagraph, pay a such a violation occurs, imprisoned for not apply in an appropriate district court of the civil penalty of not less than $4,000 and not more than 6 months for the entire pattern or United States for an order requiring compli- more than $10,000 for each unauthorized alien practice, or both. ance with such subpoena, and any failure to with respect to each such violation. ‘‘(2) ENJOINING OF PATTERN OR PRACTICE obey such order may be punished by such ‘‘(iii) If the employer has previously been VIOLATIONS.—If the Secretary or the Attor- court as contempt. fined more than 1 time under this subpara- ney General has reasonable cause to believe ‘‘(C) DEPARTMENT OF LABOR.—The Sec- graph or has failed to comply with a pre- that an employer is engaged in a pattern or retary of Labor shall have the investigative viously issued and final order related to any practice of employment, recruitment, or re- authority provided under section 11(a) of the such provision, pay a civil penalty of not less ferral in violation of paragraph (1)(A) or (2)

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2636 CONGRESSIONAL RECORD — SENATE March 30, 2006 of subsection (a), the Attorney General may standards prescribed by the Federal Acquisi- 401, 402, 403, 404, and 405 in the Electronic bring a civil action in the appropriate dis- tion Regulation. However, any proposed de- Employment Verification System estab- trict court of the United States requesting barment predicated on an administrative de- lished pursuant to such subsection (d). such relief, including a permanent or tem- termination of liability for civil penalty by (c) EFFECTIVE DATE.—The amendments porary injunction, restraining order, or the Secretary or the Attorney General shall made by subsections (a) and (b) shall take ef- other order against the employer, as the Sec- not be reviewable in any debarment pro- fect on the date that is 180 days after the retary deems necessary. ceeding. The decision of whether to debar or date of the enactment of this Act. ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— take alternation shall not be judicially re- SEC. 302. EMPLOYER COMPLIANCE FUND. ‘‘(1) PROHIBITION.—It is unlawful for an em- viewed. Section 286 (8 U.S.C. 1356) is amended by ployer, in the hiring, recruiting, or referring ‘‘(3) SUSPENSION.—Indictments for viola- adding at the end the following new sub- for a fee, of an individual, to require the in- tions of this section or adequate evidence of section: dividual to post a bond or security, to pay or actions that could form the basis for debar- ‘‘(w) EMPLOYER COMPLIANCE FUND.— agree to pay an amount, or otherwise to pro- ment under this subsection shall be consid- ‘‘(1) IN GENERAL.—There is established in vide a financial guarantee or indemnity, ered a cause for suspension under the proce- the general fund of the Treasury, a separate against any potential liability arising under dures and standards for suspension pre- account, which shall be known as the ‘Em- this section relating to such hiring, recruit- scribed by the Federal Acquisition Regula- ployer Compliance Fund’ (referred to in this ing, or referring of the individual. tion. subsection as the ‘Fund’). ‘‘(2) CIVIL PENALTY.—Any employer which ‘‘(i) MISCELLANEOUS PROVISIONS.— ‘‘(2) DEPOSITS.—There shall be deposited as is determined, after notice and opportunity ‘‘(1) DOCUMENTATION.—In providing docu- offsetting receipts into the Fund all civil for mitigation of the monetary penalty mentation or endorsement of authorization monetary penalties collected by the Sec- under subsection (e), to have violated para- of aliens (other than aliens lawfully admit- retary of Homeland Security under section graph (1) of this subsection shall be subject ted for permanent residence) eligible to be 274A. to a civil penalty of $10,000 for each violation employed in the United States, the Sec- ‘‘(3) PURPOSE.—Amounts refunded to the and to an administrative order requiring the retary shall provide that any limitations Secretary from the Fund shall be used for return of any amounts received in violation with respect to the period or type of employ- the purposes of enhancing and enforcing em- of such paragraph to the employee or, if the ment or employer shall be conspicuously ployer compliance with section 274A. employee cannot be located, to the Employer stated on the documentation or endorse- ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de- Compliance Fund established under section ment. posited into the Fund shall remain available 286(w). ‘‘(2) PREEMPTION.—The provisions of this until expended and shall be refunded out of ‘‘(h) PROHIBITION ON AWARD OF GOVERN- section preempt any State or local law— the Fund by the Secretary of the Treasury, MENT CONTRACTS, GRANTS, AND AGREE- ‘‘(A) imposing civil or criminal sanctions at least on a quarterly basis, to the Sec- MENTS.— (other than through licensing and similar retary of Homeland Security.’’. ‘‘(1) EMPLOYERS WITH NO CONTRACTS, laws) upon those who employ, or recruit or GRANTS, OR AGREEMENTS.— refer for a fee for employment, unauthorized SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT ‘‘(A) IN GENERAL.—If an employer who does aliens; or AND FRAUD DETECTION AGENTS. not hold a Federal contract, grant, or coop- ‘‘(B) requiring, as a condition of con- (a) WORKSITE ENFORCEMENT.—The Sec- erative agreement is determined by the Sec- ducting, continuing, or expanding a business, retary shall, subject to the availability of retary to be a repeat violator of this section that a business entity— appropriations for such purpose, annually in- or is convicted of a crime under this section, ‘‘(i) provide, build, fund, or maintain a crease, by not less than 2,000, the number of the employer shall be debarred from the re- shelter, structure, or designated area for use positions for investigators dedicated to en- ceipt of a Federal contract, grant, or cooper- by day laborers at or near its place of busi- forcing compliance with sections 274 and ative agreement for a period of 2 years. The ness; or 274A of the Immigration and Nationality Act Secretary or the Attorney General shall ad- ‘‘(ii) take other steps that facilitate the (8 U.S.C. 1324, and 1324a) during the 5-year vise the Administrator of General Services of employment of day laborers by others. period beginning on the date of the enact- such a debarment, and the Administrator of ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Ex- ment of this Act. General Services shall list the employer on cept as otherwise specified, civil penalties (b) FRAUD DETECTION.—The Secretary the List of Parties Excluded from Federal collected under this section shall be depos- shall, subject to the availability of appro- Procurement and Nonprocurement Programs ited by the Secretary into the Employer priations for such purpose, increase by not for a period of 2 years. Compliance Fund established under section less than 1,000 the number of positions for ‘‘(B) WAIVER.—The Administrator of Gen- 286(w). agents of the Bureau of Immigration and eral Services, in consultation with the Sec- ‘‘(k) DEFINITIONS.—In this section: Customs Enforcement dedicated to immigra- retary and the Attorney General, may waive ‘‘(1) EMPLOYER.—The term ‘employer’ tion fraud detection during the 5-year period operation of this subsection or may limit the means any person or entity, including any beginning on the date of the enactment of duration or scope of the debarment. entity of the Government of the United this Act. ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, States, hiring, recruiting, or referring an in- (c) AUTHORIZATION OF APPROPRIATIONS.— OR AGREEMENTS.— dividual for employment in the United There are authorized to be appropriated to ‘‘(A) IN GENERAL.—An employer who holds States. the Secretary for each of the fiscal years 2007 a Federal contract, grant, or cooperative ‘‘(2) NO-MATCH NOTICE.—The term ‘no- through 2011 such sums as may be necessary agreement and is determined by the Sec- match notice’ means written notice from the to carry out this section. retary of Homeland Secretary to be a repeat Commissioner of Social Security to an em- SEC. 304. CLARIFICATION OF INELIGIBILITY FOR violator of this section or is convicted of a ployer reporting earnings on a Form W–2 MISREPRESENTATION. crime under this section, shall be debarred that an employee name or corresponding so- Section 212(a)(6)(C)(ii)(I) (8 U.S.C. from the receipt of Federal contracts, cial security account number fail to match 1182(a)(6)(C)(ii)(I)), is amended by striking grants, or cooperative agreements for a pe- records maintained by the Commissioner. ‘‘citizen’’ and inserting ‘‘national’’. riod of 2 years. ‘‘(3) SECRETARY.—Except as otherwise pro- TITLE IV—NONIMMIGRANT AND ‘‘(B) NOTICE TO AGENCIES.—Prior to debar- vided, the term ‘Secretary’ means the Sec- IMMIGRANT VISA REFORM ring the employer under subparagraph (A), retary of Homeland Security. Subtitle A—Temporary Guest Workers the Secretary, in cooperation with the Ad- ‘‘(4) UNAUTHORIZED ALIEN.—The term ‘un- ministrator of General Services, shall advise authorized alien’ means, with respect to the SEC. 401. IMMIGRATION IMPACT STUDY. any agency or department holding a con- employment of an alien at a particular time, (a) EFFECTIVE DATE.—Any regulation that tract, grant, or cooperative agreement with that the alien is not at that time either— would increase the number of aliens who are the employer of the Government’s intention ‘‘(A) an alien lawfully admitted for perma- eligible for legal status may not take effect to debar the employer from the receipt of nent residence; or before 90 days after the date on which the Di- new Federal contracts, grants, or coopera- ‘‘(B) authorized to be so employed by this rector of the Bureau of the Census submits a tive agreements for a period of 2 years. Act or by the Secretary.’’. report to Congress under subsection (c). ‘‘(C) WAIVER.—After consideration of the (b) CONFORMING AMENDMENT.— (b) STUDY.—The Director of the Bureau of views of any agency or department that (1) AMENDMENT.—Sections 401, 402, 403, 404, the Census, jointly with the Secretary, the holds a contract, grant, or cooperative agree- and 405 of the Illegal Immigration Reform Secretary of Agriculture, the Secretary of ment with the employer, the Secretary may, and Immigrant Responsibility Act of 1996 (di- Education, the Secretary of Energy, the Sec- in lieu of debarring the employer from the vision C of Public Law 104–208; 8 U.S.C. 1324a) retary of Health and Human Services, the receipt of new Federal contracts, grants, or are repealed. Secretary of Housing and Urban Develop- cooperative agreements for a period of 2 (2) CONSTRUCTION.—Nothing in this sub- ment, the Secretary of the Interior, the Sec- years, waive operation of this subsection, section or in subsection (d) of section 274A, retary of Labor, the Secretary of Transpor- limit the duration or scope of the debarment, as amended by subsection (a), may be con- tation, the Secretary of the Treasury, the or may refer to an appropriate lead agency strued to limit the authority of the Sec- Attorney General, and the Administrator of the decision of whether to debar the em- retary to allow or continue to allow the par- the Environmental Protection Agency, shall ployer, for what duration, and under what ticipation of employers who participated in undertake a study examining the impacts of scope in accordance with the procedures and the basic pilot program under such sections the current and proposed annual grants of

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2637 legal status, including immigrant and non- additional effect the proposed regulations ‘‘(cc) meets the requirements of section immigrant status, along with the current would have. 218A, including the filing of a petition under level of illegal immigration, on the infra- SEC. 402. NONIMMIGRANT TEMPORARY WORKER. such section on behalf of the alien; structure of and quality of life in the United (a) TEMPORARY WORKER CATEGORY.—Sec- ‘‘(iii) who— States. tion 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is ‘‘(a) has a residence in a foreign country (c) REPORT.—Not later than 90 days after amended to read as follows: which the alien has no intention of aban- the date of the enactment of this Act, the ‘‘(H) an alien— doning; and Director of the Bureau of the Census shall ‘‘(i)(b) subject to section 212(j)(2)— ‘‘(b) is coming temporarily to the United submit to Congress a report on the findings ‘‘(aa) who is coming temporarily to the States as a trainee (other than to receive of the study required by subsection (b), in- United States to perform services (other graduate medical education or training) in a cluding the following information: than services described in clause (ii)(a) or training program that is not designed pri- (1) An estimate of the total legal and ille- subparagraph (O) or (P)) in a specialty occu- marily to provide productive employment; or gal immigrant populations of the United pation described in section 214(i)(1) or as a ‘‘(iv) who— States, as they relate to the total popu- fashion model; ‘‘(a) is the spouse or a minor child of an lation. ‘‘(bb) who meets the requirements for the alien described in clause (iii); and (2) The projected impact of legal and ille- occupation specified in section 214(i)(2) or, in ‘‘(b) is accompanying or following to join gal immigration on the size of the popu- the case of a fashion model, is of distin- such alien.’’. lation of the United States over the next 50 guished merit and ability; and (b) EFFECTIVE DATE.—The amendment years, which regions of the country are like- ‘‘(cc) with respect to whom the Secretary made by subsection (a) shall take effect on ly to experience the largest increases, which of Labor determines and certifies to the Sec- the date which is 1 year after the date of the enactment of this Act and shall apply to small towns and rural counties are likely to retary of Homeland Security that the in- aliens, who, on such effective date, are out- lose their character as a result of such tending employer has filed an application side of the United States. growth, and how the proposed regulations with the Secretary in accordance with sec- would affect these projections. tion 212(n)(1); SEC. 403. ADMISSION OF NONIMMIGRANT TEM- PORARY GUEST WORKERS. (3) The impact of the current and projected ‘‘(b1)(aa) who is entitled to enter the (a) TEMPORARY GUEST WORKERS.— foreign-born populations on the natural envi- United States under the provisions of an (1) IN GENERAL.—Chapter 2 of title II (8 ronment, including the consumption of non- agreement listed in section 214(g)(8)(A); U.S.C. 1181 et seq.) is amended by inserting renewable resources, waste production and ‘‘(bb) who is engaged in a specialty occupa- after section 218 the following: disposal, the emission of pollutants, and the tion described in section 214(i)(3); and ‘‘SEC. 218A. ADMISSION OF H–2C NON- loss of habitat and productive farmland, an ‘‘(cc) with respect to whom the Secretary IMMIGRANTS. estimate of the public expenditures required of Labor determines and certifies to the Sec- ‘‘(a) AUTHORIZATION.—The Secretary of to maintain current standards in each of retary of Homeland Security and the Sec- State may grant a temporary visa to an H– these areas, the degree to which current retary of State that the intending employer 2C nonimmigrant who demonstrates an in- standards will deteriorate if such expendi- has filed an attestation with the Secretary tent to perform labor or services in the tures are not forthcoming, and the addi- of Labor in accordance with section 212(t)(1); United States (other than the labor or serv- tional effects the proposed regulations would or ices described in clause (i)(b) or (ii)(a) of sec- have. ‘‘(c)(aa) who is coming temporarily to the tion 101(a)(15)(H) or subparagraph (L), (O), (4) The impact of the current and projected United States to perform services as a reg- (P), or (R)) of section 101(a)(15). foreign-born populations on employment and istered nurse; ‘‘(b) REQUIREMENTS FOR ADMISSION.—An wage rates, particularly in industries such as ‘‘(bb) who meets the qualifications de- alien shall be eligible for H–2C non- agriculture and services in which the foreign scribed in section 212(m)(1); and immigrant status if the alien meets the fol- born are concentrated, an estimate of the as- ‘‘(cc) with respect to whom the Secretary lowing requirements: sociated public costs, and the additional ef- of Labor determines and certifies to the Sec- ‘‘(1) ELIGIBILITY TO WORK.—The alien shall fects the proposed regulations would have. retary of Homeland Security that an unex- establish that the alien is capable of per- (5) The impact of the current and projected pired attestation is on file and in effect forming the labor or services required for an foreign-born populations on the need for ad- under section 212(m)(2) for the facility (as de- occupation under section 101(a)(15)(H)(ii)(c). ditions and improvements to the transpor- fined in section 212(m)(6)) for which the alien ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien tation infrastructure of the United States, will perform the services; or shall establish that the alien has received a an estimate of the public expenditures re- ‘‘(ii)(a) who— job offer from an employer who has complied quired to meet this need, the impact on ‘‘(aa) has a residence in a foreign country with the requirements of 218B. Americans’ mobility if such expenditures are which the alien has no intention of aban- ‘‘(3) FEE.—The alien shall pay a $500 visa not forthcoming, and the additional effect doning; and issuance fee in addition to the cost of proc- the proposed regulations would have. ‘‘(bb) is coming temporarily to the United essing and adjudicating such application. (6) The impact of the current and projected States to perform agricultural labor or serv- Nothing in this paragraph shall be construed foreign-born populations on enrollment, ices (as defined by the Secretary of Labor), to affect consular procedures for charging re- class size, teacher-student ratios, and the including agricultural labor (as defined in ciprocal fees. quality of education in public schools, an es- section 3121(g) of the Internal Revenue Code ‘‘(4) MEDICAL EXAMINATION.—The alien timate of the public expenditures required to of 1986), agriculture (as defined in section 3(f) shall undergo a medical examination (includ- maintain current median standards, the de- of the Fair Labor Standards Act of 1938 (29 ing a determination of immunization status), gree to those standards will deteriorate if U.S.C. 203(f))), and the pressing of apples for at the alien’s expense, that conforms to gen- such expenditures are not forthcoming, and cider on a farm, of a temporary or seasonal erally accepted standards of medical prac- the additional effect the proposed regula- nature; tice. tions would have. ‘‘(b) who— ‘‘(5) APPLICATION CONTENT AND WAIVER.— (7) The impact of the current and projected ‘‘(aa) has a residence in a foreign country ‘‘(A) APPLICATION FORM.—The alien shall foreign-born populations on home ownership which the alien has no intention of aban- submit to the Secretary a completed applica- rates, housing prices, and the demand for doning; tion, on a form designed by the Secretary of low-income and subsidized housing, the pub- ‘‘(bb) is coming temporarily to the United Homeland Security, including proof of evi- lic expenditures required to maintain cur- States to perform nonagricultural work or dence of the requirements under paragraphs rent median standards in these areas, the de- services of a temporary or seasonal nature (if (1) and (2). gree to which those standards will deterio- unemployed persons capable of performing ‘‘(B) CONTENT.—In addition to any other in- rate if such expenditures are not forth- such work or services cannot be found in the formation that the Secretary requires to de- coming, and the additional effect the pro- United States), excluding medical school termine an alien’s eligibility for H–2C non- posed regulations would have. graduates coming to the United States to immigrant status, the Secretary shall re- (8) The impact of the current and projected perform services as members of the medical quire an alien to provide information con- foreign-born populations on access to quality profession; or cerning the alien’s— health care and on the cost of health care ‘‘(c) who— ‘‘(i) physical and mental health; and health insurance, an estimate of the ‘‘(aa) has a residence in a foreign country ‘‘(ii) criminal history and gang member- public expenditures required to maintain which the alien has no intention of aban- ship; current median standards, the degree to doning; ‘‘(iii) immigration history; and which those standards will deteriorate if ‘‘(bb) is coming temporarily to the United ‘‘(iv) involvement with groups or individ- such expenditures are not forthcoming, and States to perform temporary labor or serv- uals that have engaged in terrorism, geno- the additional effect the proposed regula- ices other than the labor or services decide, persecution, or who seek the overthrow tions would have. scribed in clause (i)(b), (i)(c), (ii)(a), or (iii), of the United States Government. (9) The impact of the current and projected or subparagraph (L), (O), (P), or (R) (if unem- ‘‘(C) KNOWLEDGE.—The alien shall include foreign-born populations on the criminal jus- ployed persons capable of performing such with the application submitted under this tice system in the United States, an esti- labor or services cannot be found in the paragraph a signed certification in which the mate of the associated public costs, and the United States); and alien certifies that—

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2638 CONGRESSIONAL RECORD — SENATE March 30, 2006 ‘‘(i) the alien has read and understands all immigrant without requiring the alien’s de- ically present in the United States after such of the questions and statements on the appli- parture from the United States. date in violation of this Act or of any other cation form; ‘‘(4) VISITS OUTSIDE UNITED STATES.— Federal law, may not receive, for a period of ‘‘(ii) the alien certifies under penalty of ‘‘(A) IN GENERAL.—Under regulations estab- 10 years— perjury under the laws of the United States lished by the Secretary of Homeland Secu- ‘‘(1) any relief under sections 240A and that the application, and any evidence sub- rity, an H–2C nonimmigrant— 240B; or mitted with it, are all true and correct; and ‘‘(i) may travel outside of the United ‘‘(2) nonimmigrant status under section ‘‘(iii) the applicant authorizes the release States; and 101(a)(15). of any information contained in the applica- ‘‘(ii) may be readmitted without having to ‘‘(j) PORTABILITY.—A nonimmigrant alien tion and any attached evidence for law en- obtain a new visa if the period of authorized described in this section, who was previously forcement purposes. admission has not expired. issued a visa or otherwise provided H–2C non- ‘‘(c) GROUNDS OF INADMISSIBILITY.— ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED AD- immigrant status, may accept a new offer of ‘‘(1) IN GENERAL.—In determining an alien’s MISSION.—Time spent outside the United employment with a subsequent employer, admissibility as an H–2C nonimmigrant— States under subparagraph (A) shall not ex- if— ‘‘(A) paragraphs (5), (6)(A), (7), (9)(B), and tend the period of authorized admission in ‘‘(1) the employer complies with section (9)(C) of section 212(a) may be waived for the United States. 218B; and ‘‘(2) the alien, after lawful admission to the conduct that occurred before the effective ‘‘(5) BARS TO EXTENSION OR ADMISSION.—An date of the Comprehensive Immigration Re- alien may not be granted H–2C non- United States, did not work without author- form Act of 2006; immigrant status, or an extension of such ization. ‘‘(k) CHANGE OF ADDRESS.—An H–2C non- ‘‘(B) the Secretary of Homeland Security status, if— immigrant shall comply with the change of may not waive the application of— ‘‘(A) the alien has violated any material ‘‘(i) subparagraph (A), (B), (C), (E), (G), (H), address reporting requirements under sec- term or condition of such status granted pre- tion 265 through either electronic or paper or (I) of section 212(a)(2) (relating to crimi- viously, including failure to comply with the nals); notification. change of address reporting requirements ‘‘(l) COLLECTION OF FEES.—All fees col- ‘‘(ii) section 212(a)(3) (relating to security under section 265; lected under this section shall be deposited and related grounds); or ‘‘(B) the alien is inadmissible as a non- in the Treasury in accordance with section ‘‘(iii) subparagraph (A), (C) or (D) of sec- immigrant; or 286(c). tion 212(a)(10) (relating to polygamists and ‘‘(C) the granting of such status or exten- ‘‘(m) ISSUANCE OF H–4 NONIMMIGRANT VISAS child abductors); and sion of such status would allow the alien to FOR SPOUSE AND CHILDREN.— ‘‘(C) for conduct that occurred before the exceed 6 years as an H–2C nonimmigrant, un- ‘‘(1) IN GENERAL.—The alien spouse and date of the enactment of the Comprehensive less the alien has resided and been physically children of an H–2C nonimmigrant (referred Immigration Reform Act of 2006, the Sec- present outside the United States for at least to in this section as ‘dependent aliens’) who retary of Homeland Security may waive the 1 year after the expiration of such H–2C non- are accompanying or following to join the H– application of any provision of section 212(a) immigrant status. 2C nonimmigrant may be issued non- not listed in subparagraph (B) on behalf of an ‘‘(g) EVIDENCE OF NONIMMIGRANT STATUS.— immigrant visas under section individual alien— Each H–2C nonimmigrant shall be issued doc- 101(a)(15)(H)(iv). ‘‘(i) for humanitarian purposes; umentary evidence of nonimmigrant status, ‘‘(2) REQUIREMENTS FOR ADMISSION.—A de- ‘‘(ii) to ensure family unity; or which— pendent alien is eligible for nonimmigrant ‘‘(iii) if such a waiver is otherwise in the ‘‘(1) shall be machine-readable, tamper-re- status under 101(a)(15)(H)(iv) if the dependant public interest. sistant, and allow for biometric authentica- alien meets the following requirements: ‘‘(2) RENEWAL OF AUTHORIZED ADMISSION tion; ‘‘(A) ELIGIBILITY.—The dependent alien is AND SUBSEQUENT ADMISSIONS.—An alien seek- ‘‘(2) shall be designed in consultation with admissible as a nonimmigrant and does not ing renewal of authorized admission or sub- the Forensic Document Laboratory of the fall within a class of aliens ineligible for H– sequent admission as an H–2C nonimmigrant Bureau of Immigration and Customs En- 4A nonimmigrant status listed under sub- shall establish that the alien is not inadmis- forcement; section (c). sible under section 212(a). ‘‘(3) shall, during the alien’s authorized pe- ‘‘(B) MEDICAL EXAMINATION.—Before a non- ‘‘(d) BACKGROUND CHECKS.—The Secretary riod of admission under subsection (f), serve immigrant visa is issued to a dependent alien of Homeland Security shall not admit, and as a valid entry document for the purpose of under this subsection, the dependent alien the Secretary of State shall not issue a visa applying for admission to the United may be required to submit to a medical ex- to, an alien seeking H–2C nonimmigrant sta- States— amination (including a determination of im- tus unless all appropriate background checks ‘‘(A) instead of a passport and visa if the munization status) at the alien’s expense, have been completed. alien— that conforms to generally accepted stand- ‘‘(e) INELIGIBLE TO CHANGE NONIMMIGRANT ‘‘(i) is a national of a foreign territory con- ards of medical practice. CLASSIFICATION.—An H–2C nonimmigrant tiguous to the United States; and ‘‘(C) BACKGROUND CHECKS.—Before a non- may not change nonimmigrant classification ‘‘(ii) is applying for admission at a land immigrant visa is issued to a dependent alien under section 248. border port of entry; and under this section, the consular officer shall ‘‘(f) PERIOD OF AUTHORIZED ADMISSION.— ‘‘(B) in conjunction with a valid passport, conduct such background checks as the Sec- ‘‘(1) AUTHORIZED PERIOD AND RENEWAL.— retary of State, in consultation with the The initial period of authorized admission as if the alien is applying for admission at an Secretary of Homeland Security, considers an H–2C nonimmigrant shall be 3 years, and air or sea port of entry; ‘‘(4) may be accepted during the period of appropriate. the alien may seek 1 extension for an addi- ‘‘(n) DEFINITIONS.—In this section and sec- tional 3-year period. its validity by an employer as evidence of employment authorization and identity tions 218B, 218C, and 218D: ‘‘(2) INTERNATIONAL COMMUTERS.—An alien under section 274A(b)(1)(B); and ‘‘(1) AGGRIEVED PERSON.—The term ‘ag- who resides outside the United States and grieved person’ means a person adversely af- commutes into the United States to work as ‘‘(5) shall be issued to the H–2C nonimmigrant by the Secretary of Homeland Se- fected by an alleged violation of this section, an H–2C nonimmigrant, is not subject to the including— time limitations under paragraph (1). curity promptly after the final adjudication of such alien’s application for H–2C non- ‘‘(A) a worker whose job, wages, or work- ‘‘(3) LOSS OF EMPLOYMENT.— immigrant status. ing conditions are adversely affected by the ‘‘(A) IN GENERAL.—Subject to subsection ‘‘(h) PENALTY FOR FAILURE TO DEPART.—If violation; and (c), the period of authorized admission of an an H–2C nonimmigrant fails to depart the ‘‘(B) a representative for workers whose H–2C nonimmigrant shall terminate if the United States before the date which is 10 jobs, wages, or working conditions are ad- alien is unemployed for 60 or more consecu- days after the date that the alien’s author- versely affected by the violation who brings tive days. ized period of admission as an H–2C non- a complaint on behalf of such worker. ‘‘(B) RETURN TO FOREIGN RESIDENCE.—Any immigrant terminates, the H–2C non- ‘‘(2) AREA OF EMPLOYMENT.—The terms alien whose period of authorized admission immigrant may not apply for or receive any ‘area of employment’ and ‘area of intended terminates under subparagraph (A) shall be immigration relief or benefit under this Act employment’ mean the area within normal required to leave the United States. or any other law, except for relief under sec- commuting distance of the worksite or phys- ‘‘(C) PERIOD OF VISA VALIDITY.—Any alien, tions 208 and 241(b)(3) and relief under the ical location at which the work of the tem- whose period of authorized admission termi- Convention Against Torture and Other porary worker is or will be performed. If nates under subparagraph (A), who leaves Cruel, Inhuman or Degrading Treatment or such worksite or location is within a Metro- the United States under subparagraph (B), Punishment, for an alien who indicates ei- politan Statistical Area, any place within may reenter the United States as an H–2C ther an intention to apply for asylum under such area is deemed to be within the area of nonimmigrant to work for an employer, if section 208 or a fear of persecution or tor- employment. the alien has complied with the require- ture. ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ments of subsections (b) and (f)(2). The Sec- ‘‘(i) PENALTY FOR ILLEGAL ENTRY OR OVER- ble individual’ means, with respect to em- retary may, in the Secretary’s sole and STAY.—Any alien who enters, attempts to ployment, an individual who is not an unau- unreviewable discretion, reauthorize such enter, or crosses the border after the date of thorized alien (as defined in section 274A) alien for admission as an H–2C non- the enactment of this section, and is phys- with respect to that employment.

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‘‘(4) EMPLOY; EMPLOYEE; EMPLOYER.—The clude an attestation by the employer of the cupational classification for which the H–2C terms ‘employ’, ‘employee’, and ‘employer’ following: nonimmigrant is sought. have the meanings given such terms in sec- ‘‘(1) PROTECTION OF UNITED STATES WORK- ‘‘(7) RECRUITMENT.—Except where the Sec- tion 3 of the Fair Labor Standards Act of ERS.—The employment of an H–2C non- retary of Labor has determined that there is 1938 (29 U.S.C. 203). immigrant— a shortage of United States workers in the ‘‘(5) FOREIGN LABOR CONTRACTOR.—The ‘‘(A) will not adversely affect the wages occupation and area of intended employment term ‘foreign labor contractor’ means any and working conditions of workers in the for which the H–2C nonimmigrant is person who for any compensation or other United States similarly employed; and sought— valuable consideration paid or promised to ‘‘(B) did not and will not cause the separa- ‘‘(A) there are not sufficient workers who be paid, performs any foreign labor con- tion from employment of a United States are able, willing, and qualified, and who will tracting activity. worker employed by the employer within the be available at the time and place needed, to ‘‘(6) FOREIGN LABOR CONTRACTING ACTIV- 180-day period beginning 90 days before the perform the labor or services involved in the ITY.—The term ‘foreign labor contracting ac- date on which the petition is filed. petition; and tivity’ means recruiting, soliciting, hiring, ‘‘(2) WAGES.— ‘‘(B) good faith efforts have been taken to employing, or furnishing, an individual who ‘‘(A) IN GENERAL.—The H–2C nonimmigrant recruit United States workers, in accordance resides outside of the United States for em- will be paid not less than the greater of— with regulations promulgated by the Sec- ployment in the United States as a non- ‘‘(i) the actual wage level paid by the em- retary of Labor, which efforts included— immigrant alien described in section ployer to all other individuals with similar ‘‘(i) the completion of recruitment during 101(a)(15)(H)(ii)(c). experience and qualifications for the specific the period beginning on the date that is 90 ‘‘(7) H–2C NONIMMIGRANT.—The term ‘H–2C employment in question; or days before the date on which the petition nonimmigrant’ means a nonimmigrant de- ‘‘(ii) the prevailing wage level for the occu- was filed with the Department of Homeland scribed in section 101(a)(15)(H)(ii)(c). pational classification in the area of employ- Security and ending on the date that is 14 ‘‘(8) SEPARATION FROM EMPLOYMENT.—The ment, taking into account experience and days before such filing date; and term ‘separation from employment’ means skill levels of employees. ‘‘(ii) the actual wage paid by the employer the worker’s loss of employment, other than ‘‘(B) CALCULATION.—The wage levels under for the occupation in the areas of intended through a discharge for inadequate perform- subparagraph (A) shall be calculated based employment was used in conducting recruit- ance, violation of workplace rules, cause, on the best information available at the time ment. voluntary departure, voluntary retirement, of the filing of the application. ‘‘(8) INELIGIBILITY.—The employer is not or the expiration of a grant or contract. The ‘‘(C) PREVAILING WAGE LEVEL.—For pur- currently ineligible from using the H–2C non- term does not include any situation in which poses of subparagraph (A)(ii), the prevailing immigrant program described in this sec- the worker is offered, as an alternative to wage level shall be determined in accordance tion. such loss of employment, a similar employ- with this subparagraph. If the job oppor- ‘‘(9) BONAFIDE OFFER OF EMPLOYMENT.—The ment opportunity with the same employer at tunity is covered by a collective bargaining job for which the H–2C nonimmigrant is equivalent or higher compensation and bene- agreement between a union and the em- sought is a bona fide job— fits than the position from which the employer, the prevailing wage shall be the wage ‘‘(A) for which the employer needs labor or ployee was discharged, regardless of whether rate set forth in the collective bargaining services; the employee accepts the offer. Nothing in agreement. If the job opportunity is not cov- ‘‘(B) which has been and is clearly open to this paragraph shall limit an employee’s ered by such an agreement, and it is in an any United States worker; and rights under a collective bargaining agree- occupation that is covered by a wage deter- ‘‘(C) for which the employer will be able to ment or other employment contract. mination under a provision of subchapter IV place the H–2C nonimmigrant on the payroll. ‘‘(9) UNITED STATES WORKER.—The term of chapter 31 of title 40, United States Code, ‘‘(10) PUBLIC AVAILABILITY AND RECORDS RE- ‘United States worker’ means an employee or the Service Contract Act of 1965 (41 U.S.C. TENTION.—A copy of each petition filed under who is— 351 et seq.), the prevailing wage level shall be this section and documentation supporting ‘‘(A) a citizen or national of the United the appropriate statutory wage. each attestation, in accordance with regula- States; or ‘‘(3) WORKING CONDITIONS.—All workers in tions promulgated by the Secretary of ‘‘(B) an alien who is— the occupation at the place of employment Labor, will— ‘‘(i) lawfully admitted for permanent resi- at which the H–2C nonimmigrant will be em- ‘‘(A) be provided to every H–2C non- dence; ployed will be provided the working condi- immigrant employed under the petition; ‘‘(ii) admitted as a refugee under section tions and benefits that are normal to work- ‘‘(B) be made available for public examina- 207; ers similarly employed in the area of in- tion at the employer’s place of business or ‘‘(iii) granted asylum under section 208; or tended employment. work site; ‘‘(iv) otherwise authorized, under this Act ‘‘(4) LABOR DISPUTE.—There is not a strike, ‘‘(C) be made available to the Secretary of or by the Secretary of Homeland Security, to lockout, or work stoppage in the course of a Labor during any audit; and be employed in the United States.’’. labor dispute in the occupation at the place ‘‘(D) remain available for examination for (2) CLERICAL AMENDMENT.—The table of of employment at which the H–2C non- 5 years after the date on which the petition contents for the Immigration and Nation- immigrant will be employed. If such strike, is filed. ality Act (8 U.S.C. 1101 et seq.) is amended by lockout, or work stoppage occurs following ‘‘(11) NOTIFICATION UPON SEPARATION FROM inserting after the item relating to section submission of the petition, the employer will OR TRANSFER OF EMPLOYMENT.—The employer 218 the following: provide notification in accordance with regu- will notify the Secretary of Labor and the ‘‘Sec. 218A. Admission of temporary H–2C lations promulgated by the Secretary of Secretary of Homeland Security of an H–2C workers.’’. Labor. nonimmigrant’s separation from employ- ‘‘(5) PROVISION OF INSURANCE.—If the posi- (b) CREATION OF STATE IMPACT ASSISTANCE ment or transfer to another employer not tion for which the H–2C nonimmigrant is ACCOUNT.—Section 286 (8 U.S.C. 1356) is more than 3 business days after the date of sought is not covered by the State workers’ amended by adding at the end the following: such separation or transfer, in accordance ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— compensation law, the employer will pro- with regulations promulgated by the Sec- There is established in the general fund of vide, at no cost to the H–2C nonimmigrant, retary of Homeland Security. the Treasury a separate account, which shall insurance covering injury and disease arising ‘‘(12) ACTUAL NEED FOR LABOR OR SERV- be known as the ‘State Impact Aid Account’. out of, and in the course of, the worker’s em- ICES.—The petition was filed not more than Notwithstanding any other provision under ployment, which will provide benefits at 60 days before the date on which the em- this Act, there shall be deposited as offset- least equal to those provided under the State ployer needed labor or services for which the ting receipts into the account all family sup- workers’ compensation law for comparable H–2C nonimmigrant is sought. plemental visa and family supplemental ex- employment. ‘‘(c) AUDIT OF ATTESTATIONS.— tension of status fees collected under sec- ‘‘(6) NOTICE TO EMPLOYEES.— ‘‘(1) REFERRALS BY SECRETARY OF HOME- tions 218A and 218B.’’. ‘‘(A) IN GENERAL.—The employer has pro- LAND SECURITY.—The Secretary of Homeland SEC. 404. EMPLOYER OBLIGATIONS. vided notice of the filing of the petition to Security shall refer all approved petitions (a) IN GENERAL.—Title II (8 U.S.C. 1201 et the bargaining representative of the employ- for H–2C nonimmigrants to the Secretary of seq.) is amended by inserting after section er’s employees in the occupational classifica- Labor for potential audit. 218A, as added by section 403, the following: tion and area of employment for which the ‘‘(2) AUDITS AUTHORIZED.—The Secretary of ‘‘SEC. 218B. EMPLOYER OBLIGATIONS. H–2C nonimmigrant is sought. Labor may audit any approved petition re- ‘‘(a) GENERAL REQUIREMENTS.—Each em- ‘‘(B) NO BARGAINING REPRESENTATIVE.—If ferred pursuant to paragraph (1), in accord- ployer who employs an H–2C nonimmigrant there is no such bargaining representative, ance with regulations promulgated by the shall— the employer has— Secretary of Labor. ‘‘(1) file a petition in accordance with sub- ‘‘(i) posted a notice of the filing of the peti- ‘‘(d) INELIGIBLE EMPLOYERS.— section (b); and tion in a conspicuous location at the place or ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(2) pay the appropriate fee, as determined places of employment for which the H–2C land Security shall not approve an employ- by the Secretary of Labor. nonimmigrant is sought; or er’s petitions, applications, certifications, or ‘‘(b) PETITION.—A petition to hire an H–2C ‘‘(ii) electronically disseminated such a no- attestations under any immigrant or non- nonimmigrant under this section shall in- tice to the employer’s employees in the oc- immigrant program if the Secretary of

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If a foreign labor contractor acting in paragraph (1). ‘‘(2) APPLICABILITY OF LAWS.—An H–2C non- as an agent of an employer violates any pro- immigrant shall not be denied any right or ‘‘(3) LANGUAGES.—The information revision of this subsection, the employer shall any remedy under Federal, State, or local quired to be disclosed under paragraph (1) also be subject to remedies under subsections labor or employment law that would be ap- shall be provided in writing in English or, as (h) and (i). An employer that violates a pro- plicable to a United States worker employed necessary and reasonable, in the language of vision of this subsection relating to em- in a similar position with the employer be- the worker being recruited. The Secretary of ployer obligations shall be subject to rem- cause of the alien’s status as a non- Labor shall make forms available in English, edies under subsections (h) and (i). immigrant worker. Spanish, and other languages, as necessary, ‘‘(D) EMPLOYER NOTIFICATION.—An em- which may be used in providing workers with ‘‘(3) TAX RESPONSIBILITIES.—With respect ployer shall notify the Secretary of Labor if to each employed H–2C nonimmigrant, an information required under this section. the employer becomes aware of a violation of employer shall comply with all applicable ‘‘(4) FEES.—A person conducting a foreign this subsection by a foreign labor recruiter. Federal, State, and local tax and revenue labor contracting activity shall not assess ‘‘(E) WRITTEN AGREEMENTS.—A foreign laws. any fee to a worker for such foreign labor labor contractor may not violate the terms ‘‘(f) WHISTLEBLOWER PROTECTION.—It shall contracting activity. of any written agreements made with an em- be unlawful for an employer or a labor con- ‘‘(5) TERMS.—No employer or foreign labor ployer relating to any contracting activity tractor of an H–2C nonimmigrant to intimi- contractor shall, without justification, vio- or worker protection under this subsection. date, threaten, restrain, coerce, retaliate, late the terms of any agreement made by ‘‘(F) BONDING REQUIREMENT.—The Sec- discharge, or in any other manner, discrimi- that contractor or employer regarding em- retary of Labor may require a foreign labor nate against an employee or former employment under this program. contractor to post a bond in an amount suffi- ployee because the employee or former em- ‘‘(6) TRAVEL COSTS.—If the foreign labor cient to ensure the protection of individuals ployee— contractor or employer charges the em- recruited by the foreign labor contractor. ‘‘(1) discloses information to the employer ployee for transportation such transpor- The Secretary may consider the extent to or any other person that the employee or tation costs shall be reasonable. which the foreign labor contractor has suffi- former employee reasonably believes dem- ‘‘(7) OTHER WORKER PROTECTIONS.— cient ties to the United States to adequately onstrates a violation of this Act; or ‘‘(A) NOTIFICATION.—Not less frequently enforce this subsection. ‘‘(2) cooperates or seeks to cooperate in an than once every 2 years, each employer shall ‘‘(h) ENFORCEMENT.— investigation or other proceeding concerning notify the Secretary of Labor of the identity ‘‘(1) IN GENERAL.—The Secretary of Labor compliance with the requirements of this of any foreign labor contractor engaged by shall promulgate regulations for the receipt, Act. the employer in any foreign labor contractor investigation, and disposition of complaints ‘‘(g) LABOR RECRUITERS.— activity for, or on behalf of, the employer. by an aggrieved person respecting a violation ‘‘(1) IN GENERAL.—Each employer that en- ‘‘(B) REGISTRATION OF FOREIGN LABOR CON- of this section. gages in foreign labor contracting activity TRACTORS.— ‘‘(2) FILING DEADLINE.—No investigation or and each foreign labor contractor shall as- ‘‘(i) IN GENERAL.—No person shall engage in hearing shall be conducted on a complaint certain and disclose, to each such worker foreign labor recruiting activity unless such concerning a violation under this section un- who is recruited for employment at the time person has a certificate of registration from less the complaint was filed not later than 12 of the worker’s recruitment— the Secretary of Labor specifying the activi- months after the date of such violation. ‘‘(A) the place of employment; ties that such person is authorized to per- ‘‘(3) REASONABLE CAUSE.—The Secretary of ‘‘(B) the compensation for the employ- form. An employer who retains the services Labor shall conduct an investigation under ment; of a foreign labor contractor shall only use this subsection if there is reasonable cause ‘‘(C) a description of employment activi- those foreign labor contractors who are reg- to believe that a violation of this section has ties; istered under this subparagraph. occurred. The process established under this ‘‘(D) the period of employment; ‘‘(ii) ISSUANCE.—The Secretary shall pro- subsection shall provide that, not later than ‘‘(E) any other employee benefit to be promulgate regulations to establish an efficient 30 days after a complaint is filed, the Sec- vided and any costs to be charged for each electronic process for the investigation and retary shall determine if there is reasonable benefit; approval of an application for a certificate of cause to find such a violation. ‘‘(F) any travel or transportation expenses registration of foreign labor contractors not ‘‘(4) NOTICE AND HEARING.— to be assessed; later than 14 days after such application is ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(G) the existence of any labor organizing filed, including— after the Secretary of Labor makes a deter- effort, strike, lockout, or other labor dispute ‘‘(I) requirements under paragraphs (1), (4), mination of reasonable cause under para- at the place of employment; and (5) of section 102 of the Migrant and Sea- graph (4), the Secretary shall issue a notice

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to the interested parties and offer an oppor- ‘‘(4) CRIMINAL PENALTIES.—If a willful and (1) POSTING.—An employer shall attest tunity for a hearing on the complaint, in ac- knowing violation of subsection (g) causes that the employer has posted an employment cordance with section 556 of title 5, United extreme physical or financial harm to an in- opportunity in accordance with section States Code. dividual, the person in violation of such sub- 218B(b)(9) of the Immigration and Nation- ‘‘(B) COMPLAINT.—If the Secretary of section may be imprisoned for not more than ality Act, as added by this Act. Labor, after receiving a complaint under this 6 months, fined in an amount not more than (2) RECORDS.—An employer shall maintain subsection, does not offer the aggrieved $35,000, or both.’’. records for not less than 1 year after the date party or organization an opportunity for a (b) CLERICAL AMENDMENT.—The table of on which an H–2C nonimmigrant is hired hearing under subparagraph (A), the Sec- contents is amended by inserting after the that describe the reasons for not hiring any retary shall notify the aggrieved party or or- item relating to section 218A, as added by of the United States workers who may have ganization of such determination and the ag- section 403, the following: applied for such position. grieved party or organization may seek a ‘‘Sec. 218B. Employer obligations.’’. (c) OVERSIGHT AND MAINTENANCE OF hearing on the complaint in accordance with SEC. 405. ALIEN EMPLOYMENT MANAGEMENT RECORDS.—The Secretary of Labor shall pro- such section 556. SYSTEM. mulgate regulations regarding the mainte- ‘‘(C) HEARING DEADLINE.—Not later than 60 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et nance of electronic job registry records for days after the date of a hearing under this seq.) is amended by inserting after section the purpose of audit or investigation. paragraph, the Secretary of Labor shall 218B, as added by section 404, the following: (d) ACCESS TO ELECTRONIC JOB REGISTRY.— make a finding on the matter in accordance ‘‘SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT The Secretary of Labor shall ensure that job with paragraph (5). SYSTEM. opportunities advertised on an electronic job ‘‘(5) ATTORNEYS’ FEES.—A complainant who ‘‘(a) ESTABLISHMENT.—The Secretary of registry established under this section are prevails with respect to a claim under this Homeland Security, in consultation with the accessible— subsection shall be entitled to an award of Secretary of Labor, the Secretary of State, (1) by the State workforce agencies, which reasonable attorneys’ fees and costs. and the Commission of Social Security, shall may further disseminate job opportunity in- ‘‘(6) POWER OF THE SECRETARY.—The Sec- develop and implement a program (referred formation to other interested parties; and retary may bring an action in any court of to in this section as the ‘alien employment (2) through the Internet, for access by competent jurisdiction— management system’) to manage and track workers, employers, labor organizations, and ‘‘(A) to seek remedial action, including in- the employment of aliens described in sec- other interested parties. junctive relief; tions 218A and 218D. SEC. 408. TEMPORARY GUEST WORKER VISA PRO- ‘‘(B) to recover the damages described in ‘‘(b) REQUIREMENTS.—The alien employ- GRAM TASK FORCE. subsection (i); or ment management system shall— (a) ESTABLISHMENT.—There is established a ‘‘(C) to ensure compliance with terms and ‘‘(1) provide employers who seek employees task force to be known as the ‘‘Temporary conditions described in subsection (g). with an opportunity to recruit and advertise Worker Task Force’’ (referred to in this sec- ‘‘(7) SOLICITOR OF LABOR.—Except as pro- employment opportunities available to tion as the ‘‘Task Force’’). vided in section 518(a) of title 28, United United States workers before hiring an H–2C (b) PURPOSES.—The purposes of the Task States Code, the Solicitor of Labor may ap- nonimmigrant; Force are— pear for and represent the Secretary of ‘‘(2) collect sufficient information from (1) to study the impact of the admission of Labor in any civil litigation brought under employers to enable the Secretary of Home- aliens under section 101(a)(15)(ii)(c) on the this subsection. All such litigation shall be land Security to determine— wages, working conditions, and employment subject to the direction and control of the ‘‘(A) if the nonimmigrant is employed; of United States workers; and Attorney General. ‘‘(B) which employers have hired an H–2C (2) to make recommendations to the Sec- ‘‘(8) PROCEDURES IN ADDITION TO OTHER nonimmigrant; retary of Labor regarding the need for an an- RIGHTS OF EMPLOYEES.—The rights and rem- ‘‘(C) the number of H–2C nonimmigrants nual numerical limitation on the number of edies provided to workers under this section that an employer is authorized to hire and is aliens that may be admitted in any fiscal are in addition to any other contractual or currently employing; year under section 101(a)(15)(ii)(c). statutory rights and remedies of the work- ‘‘(D) the occupation, industry, and length (c) MEMBERSHIP.— ers, and are not intended to alter or affect of time that an H–2C nonimmigrant has been (1) IN GENERAL.—The Task Force shall be such rights and remedies. employed in the United States; composed of 10 members, of whom— ‘‘(i) PENALTIES.— ‘‘(3) allow employers to request approval of (A) 1 shall be appointed by the President ‘‘(1) IN GENERAL.—If, after notice and an multiple H–2C nonimmigrant workers; and and shall serve as chairman of the Task opportunity for a hearing, the Secretary of ‘‘(4) permit employers to submit applica- Force; Labor finds a violation of subsection (b), (e), tions under this section in an electronic (B) 1 shall be appointed by the leader of the (f), or (g), the Secretary may impose admin- form.’’. minority party in the Senate, in consulta- istrative remedies and penalties, including— (b) CLERICAL AMENDMENT.—The table of tion with the leader of the minority party in ‘‘(A) back wages; contents for the Immigration and Nation- the House of Representatives, and shall serve ‘‘(B) benefits; and ality Act (8 U.S.C. 1101 et seq.) is amended by as vice chairman of the Task Force; ‘‘(C) civil monetary penalties. inserting after the item relating to section (C) 2 shall be appointed by the majority ‘‘(2) CIVIL PENALTIES.—The Secretary of 218B, as added by section 404, the following: leader of the Senate; Labor may impose, as a civil penalty— ‘‘Sec. 218C. Alien employment manage- (D) 2 shall be appointed by the minority ‘‘(A) for a violation of subsection (e) or ment system.’’. leader of the Senate; (f)— SEC. 406. RULEMAKING; EFFECTIVE DATE. (E) 2 shall be appointed by the Speaker of ‘‘(i) a fine in an amount not to exceed (a) RULEMAKING.—Not later than 6 months the House of Representatives; and $2,000 per violation per affected worker; after the date of enactment of this Act, the (F) 2 shall be appointed by the minority ‘‘(ii) if the violation was willful violation, Secretary of Labor shall promulgate regula- leader of the House of Representatives. a fine in an amount not to exceed $5,000 per tions, in accordance with the notice and (2) DEADLINE FOR APPOINTMENT.—All mem- violation per affected worker; comment provisions of section 553 of title 5, bers of the Task Force shall be appointed not ‘‘(iii) if the violation was willful and if in United States Code, to carry out the provi- later than 6 months after the date of the en- the course of such violation a United States sions of sections 218A, 218B, and 218C, as actment of this Act. worker was harmed, a fine in an amount not added by this Act. (3) VACANCIES.—Any vacancy in the Task to exceed $25,000 per violation per affected (b) EFFECTIVE DATE.—The amendments Force shall not affect its powers, but shall be worker; and made by sections 403, 404, and 405 shall take filled in the same manner in which the origi- ‘‘(B) for a violation of subsection (g)— effect on the date that is 1 year after the nal appointment was made. ‘‘(i) a fine in an amount not less than $500 date of the enactment of this Act with re- (4) QUORUM.—Six members of the Task and not more than $4,000 per violation per af- gard to aliens, who, on such effective date, Force shall constitute a quorum. fected worker; are in the foreign country where they main- (d) QUALIFICATIONS.— ‘‘(ii) if the violation was willful, a fine in tain residence. (1) IN GENERAL.—Members of the Task an amount not less than $2,000 and not more SEC. 407. RECRUITMENT OF UNITED STATES Force shall be— than $5,000 per violation per affected worker; WORKERS. (A) individuals with expertise in econom- and (a) ELECTRONIC JOB REGISTRY.—The Sec- ics, demography, labor, business, or immi- ‘‘(iii) if the violation was willful and if in retary of Labor shall establish a publicly ac- gration or other pertinent qualifications or the course of such violation a United States cessible Web page on the Internet website of experience; and worker was harmed, a fine in an amount not the Department of Labor that provides a sin- (B) representative of a broad cross-section less than $6,000 and not more than $35,000 per gle Internet link to each State workforce of perspectives within the United States, in- violation per affected worker. agency’s statewide electronic registry of jobs cluding the public and private sectors and ‘‘(3) USE OF CIVIL PENALTIES.—All penalties available throughout the United States to academia. collected under this subsection shall be de- United States workers. (2) POLITICAL AFFILIATION.—Not more than posited in the Treasury in accordance with (b) RECRUITMENT OF UNITED STATES WORK- 5 members of the Task Force may be mem- section 286(w). ERS.— bers of the same political party.

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(3) NONGOVERNMENTAL APPOINTEES.—An in- United States for a cumulative total of 4 (B) in subclause (I), by inserting before the dividual appointed to the Task Force may years. semicolon, ‘, including a criminal enterprise not be an officer or employee of the Federal ‘‘(2) An alien having nonimmigrant status undertaken by a foreign government, its Government or of any State or local govern- described in section 101(a)(15)(H)(ii)(c) may agents, representatives, or officials’; ment. not apply for adjustment of status under this (C) in subclause (III), by inserting ‘‘where (e) MEETINGS.— section unless the alien— the information concerns a criminal enter- (1) INITIAL MEETING.—The Task Force shall ‘‘(A) is physically present in the United prise undertaken by an individual or organi- meet and begin the operations of the Task States; and zation that is not a foreign government, its Force as soon as practicable. ‘‘(B) the alien establishes that the alien— agents, representatives, or officials,’’ before (2) SUBSEQUENT MEETINGS.—After its initial ‘‘(i) meets the requirements of section 312; ‘‘whose’’; and meeting, the Task Force shall meet upon the or (D) by striking ‘‘or’’ at the end; and call of the chairman or a majority of its ‘‘(ii) is satisfactorily pursuing a course of (2) in clause (ii)— members. study to achieve such an understanding of (A) by striking ‘‘Attorney General’’ and in- (f) REPORT.—Not later than 18 months after English and knowledge and understanding of serting ‘‘Secretary of Homeland Security’’; the date of the enactment of this Act, the the history and government of the United and Task Force shall submit, to Congress, the States. (B) by striking ‘‘1956,’’ and all that follows Secretary of Labor, and the Secretary, a re- ‘‘(3) An alien who demonstrates that the through ‘‘the alien;’’ and inserting the fol- port that contains— alien meets the requirements of section 312 lowing: ‘‘1956; or (1) findings with respect to the duties of may be considered to have satisfied the re- ‘‘(iii) who the Secretary of Homeland Secu- the Task Force; and quirements of that section for purposes of rity and the Secretary of State, in consulta- (2) recommendations for imposing a nu- becoming naturalized as a citizen of the tion with the Director of Central Intel- merical limit. United States under title III. ligence, jointly determine— ‘‘(4) Filing a petition under paragraph (1) ‘‘(I) is in possession of critical reliable in- (g) NUMERICAL LIMITATIONS.—Section on behalf of an alien or otherwise seeking 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended— formation concerning the activities of gov- permanent residence in the United States for ernments or organizations, or their agents, (1) in subparagraph (B), by striking the pe- such alien shall not constitute evidence of representatives, or officials, with respect to riod at the end and inserting ‘‘; and’’; and the alien’s ineligibility for nonimmigrant weapons of mass destruction and related de- (2) by adding at the end the following: status under section 101(a)(15)(H)(ii)(c). livery systems, if such governments or orga- ‘‘(C) under section 101(a)(15)(H)(ii)(c) may ‘‘(5) The Secretary of Homeland Security nizations are at risk of developing, selling, not exceed— shall extend, in 1-year increments, the stay or transferring such weapons or related de- ‘‘(i) 400,000 for the first fiscal year in which of an alien for whom a labor certification pe- livery systems; and the program is implemented; tition filed under section 203(b) or an immi- ‘‘(II) is willing to supply or has supplied, ‘‘(ii) in any subsequent fiscal year— grant visa petition filed under section 204(b) fully and in good faith, information de- ‘‘(I) if the total number of visas allocated is pending until a final decision is made on scribed in subclause (I) to appropriate per- for that fiscal year are allotted within the the alien’s lawful permanent residence. sons within the United States Government; first quarter of that fiscal year, then an ad- ‘‘(6) Nothing in this subsection shall be ‘‘and, if the Secretary of Homeland Security ditional 20 percent of the allocated number construed to prevent an alien having non- shall be made available immediately and the (or with respect to clause (ii), the Secretary immigrant status described in section of State and the Secretary of Homeland Se- allocated amount for the following fiscal 101(a)(15)(H)(ii)(c) from filing an application year shall increase by 20 percent of the origi- curity jointly) considers it to be appropriate, for adjustment of status under this section the spouse, married and unmarried sons and nal allocated amount in the prior fiscal year; in accordance with any other provision of daughters, and parents of an alien described ‘‘(II) if the total number of visas allocated law.’’. in clause (i), (ii), or (iii) if accompanying, or for that fiscal year are allotted within the SEC. 409. REQUIREMENTS FOR PARTICIPATING following to join, the alien;’’. second quarter of that fiscal year, then an COUNTRIES. (b) NUMERICAL LIMITATION.—Section additional 15 percent of the allocated num- (a) IN GENERAL.—The Secretary of State, 214(k)(1) (8 U.S.C. 1184(k)(1)) is amended by ber shall be made available immediately and in cooperation with the Secretary and the striking ‘‘The number of aliens’’ and all that the allocated amount for the following fiscal Attorney General, shall negotiate with each follows through the period and inserting the year shall increase by 15 percent of the origi- home country of aliens described in section following: ‘‘The number of aliens who may be nal allocated amount in the prior fiscal year; 101(a)(15)(H)(ii)(c) of the Immigration and provided a visa as nonimmigrants under sec- ‘‘(III) if the total number of visas allocated Nationality Act, as added by section 402, to tion 101(a)(15)(S) in any fiscal year may not for that fiscal year are allotted within the enter into a bilateral agreement with the exceed 1,000.’’. third quarter of that fiscal year, then an ad- United States that conforms to the require- (c) REPORTS.— ditional 10 percent of the allocated number ments under subsection (b). (1) CONTENT.—Paragraph (4) of section shall be made available immediately and the (b) REQUIREMENTS OF BILATERAL AGREE- 214(k) (8 U.S.C. 1184(k)) is amended— allocated amount for the following fiscal MENTS.—Each agreement negotiated under (A) in the matter preceding subparagraph year shall increase by 10 percent of the origi- subsection (a) shall require the participating (A)— nal allocated amount in the prior fiscal year; home country to— (i) by striking ‘‘The Attorney General’’ and ‘‘(IV) if the total number of visas allocated (1) accept the return of nationals who are inserting ‘‘The Secretary of Homeland Secu- for that fiscal year are allotted within the ordered removed from the United States rity’’; and last quarter of that fiscal year, then the allo- within 3 days of such removal; (ii) by striking ‘‘concerning—’’ and insert- cated amount for the following fiscal year (2) cooperate with the United States Gov- ing ‘‘that includes—’’; shall increase by 10 percent of the original ernment to— (B) in subparagraph (D), by striking ‘‘and’’; allocated amount in the prior fiscal year; (A) identify, track, and reduce gang mem- (C) in subparagraph (E), by striking the pe- and bership, violence, and human trafficking and riod at the end and inserting ‘‘; and’’; and ‘‘(V) with the exception of the first subse- smuggling; and (D) by inserting at the end the following: quent fiscal year to the fiscal year in which (B) control illegal immigration; ‘‘(F) in the event that the total number of the program is implemented, if fewer visas (3) provide the United States Government such nonimmigrants admitted is fewer than were allotted the previous fiscal year than with— 25 percent of the total number provided for the number of visas allocated for that year (A) passport information and criminal under paragraph (1) of this subsection— and the reason was not due to processing records of aliens who are seeking admission ‘‘(i) the reasons why the number of such delays or delays in promulgating regula- to, or are present in, the United States; and nonimmigrants admitted is fewer than 25 tions, then the allocated amount for the fol- (B) admission and entry data to facilitate percent of that provided for by law; lowing fiscal year shall decrease by 10 per- United States entry-exit data systems; and ‘‘(ii) the efforts made by the Secretary of cent of the allocated amount in the prior fis- (4) educate nationals of the home country Homeland Security to admit such non- cal year.’’. regarding United States temporary worker immigrants; and (h) ADJUSTMENT TO LAWFUL PERMANENT programs to ensure that such nationals are ‘‘(iii) any extenuating circumstances that RESIDENT STATUS.—Section 245 (8 U.S.C. 1255) not exploited; and contributed to the admission of a number of is amended by adding at the end the fol- (5) evaluate means to provide housing in- such nonimmigrants that is fewer than 25 lowing: centives in the alien’s home country for re- percent of that provided for by law.’’. ‘‘(n)(1) For purposes of adjustment of sta- turning workers. (2) FORM OF REPORT.—Section 214(k) (8 tus under subsection (a), employment-based SEC. 410. S VISAS. U.S.C. 1184(k)) is amended by adding at the immigrant visas shall be made available to (a) EXPANSION OF S VISA CLASSIFICATION.— end the following new paragraph: an alien having nonimmigrant status de- Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) ‘‘(5) To the extent required by law and if it scribed in section 101(a)(15)(H)(ii)(c) upon the is amended— is in the interests of national security or the filing of a petition for such a visa— (1) in clause (i)— security of such nonimmigrants that are ad- ‘‘(A) by the alien’s employer; or (A) by striking ‘‘Attorney General’’ each mitted, as determined by the Secretary of ‘‘(B) by the alien, if the alien has main- place that term appears and inserting ‘‘Sec- Homeland Security, the information contained such nonimmigrant status in the retary of Homeland Security’’; tained in a report described in paragraph (4)

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2643 may be classified, and the Secretary of dependent of a beneficiary under subpara- enforcement of the immigration laws of the Homeland Security shall, to the extent fea- graph (G), to engage in employment in the United States. sible, submit a non-classified version of the United States during the initial 9-month pe- (2) AUTOMATIC STAYS.— report to the Committee on the Judiciary of riod described in subparagraph (G)(i). (A) IN GENERAL.—The Government’s mo- the House of Representatives and the Com- ‘‘(ii) A spouse described in clause (i) may tion to vacate, modify, dissolve, or otherwise mittee on the Judiciary of the Senate.’’. be provided employment authorization upon terminate an order granting prospective re- SEC. 411. L VISA LIMITATIONS. the approval of an extension under subpara- lief made in any civil action pertaining to Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is graph (G)(ii). the administration or enforcement of the im- amended— ‘‘(I) For purposes of determining the eligi- migration laws of the United States shall (1) by striking ‘‘Attorney General’’ each bility of an alien for classification under automatically, and without further order of place it appears and inserting ‘‘Secretary of Section 101(a)(15)(L) of this Act, the Sec- the court, stay the order granting prospec- Homeland Security’’; retary of Homeland Security shall establish tive relief on the date that is 15 days after (2) in subparagraph (E), by striking ‘‘In the a program to work cooperatively with the the date on which such motion is filed unless case’’ and inserting ‘‘Except as provided in Department of State to verify a company or the court previously has granted or denied subparagraph (H), in the case’’; and facility’s existence in the United States and the Government’s motion. (3) by adding at the end the following: abroad.’’. (B) DURATION OF AUTOMATIC STAY.—An ‘‘(G)(i) If the beneficiary of a petition SEC. 412. AUTHORIZATION OF APPROPRIATIONS. automatic stay under subparagraph (A) shall under this subsection is coming to the There are authorized to be appropriated to continue until the court enters an order United States to open, or be employed in, a the Secretary such sums as may be nec- granting or denying the Government’s mo- new facility, the petition may be approved essary to carry out this subtitle and the tion. for a period not to exceed 12 months only if amendments made by this subtitle for the (C) POSTPONEMENT.—The court, for good the employer operating the new facility first fiscal year beginning before the date of cause, may postpone an automatic stay has— enactment of this Act and each of the subse- under subparagraph (A) for not longer than ‘‘(I) a business plan; quent fiscal years beginning not more than 7 15 days. ‘‘(II) sufficient physical premises to carry years after the effective date of the regula- (D) ORDERS BLOCKING AUTOMATIC STAYS.— out the proposed business activities; and tions promulgated by the Secretary to im- Any order staying, suspending, delaying, or ‘‘(III) the financial ability to commence plement this subtitle. otherwise barring the effective date of the doing business immediately upon the ap- Subtitle B—Immigration Injunction Reform automatic stay described in subparagraph proval of the petition. SEC. 421. SHORT TITLE. (A), other than an order to postpone the ef- ‘‘(ii) An extension of the approval period This subtitle may be cited as the ‘‘Fairness fective date of the automatic stay for not under clause (i) may not be granted until the in Immigration Litigation Act of 2006’’. longer than 15 days under subparagraph (C), importing employer submits to the Sec- SEC. 422. APPROPRIATE REMEDIES FOR IMMI- shall be— retary of Homeland Security— GRATION LEGISLATION. (i) treated as an order refusing to vacate, ‘‘(I) evidence that the importing employer (a) REQUIREMENTS FOR AN ORDER GRANTING modify, dissolve or otherwise terminate an meets the requirements of this subsection; PROSPECTIVE RELIEF AGAINST THE GOVERN- injunction; and ‘‘(II) evidence that the beneficiary meets MENT.— (ii) immediately appealable under section the requirements of section 101(a)(15)(L); (1) IN GENERAL.—If a court determines that 1292(a)(1) of title 28, United States Code. ‘‘(III) a statement summarizing the origi- prospective relief should be ordered against (c) SETTLEMENTS.— nal petition; the Government in any civil action per- (1) CONSENT DECREES.—In any civil action ‘‘(IV) evidence that the importing em- taining to the administration or enforce- pertaining to the administration or enforce- ployer has fully complied with the business ment of the immigration laws of the United ment of the immigration laws of the United plan submitted under clause (i); States, the court shall— States, the court may not enter, approve, or ‘‘(V) evidence of the truthfulness of any (A) limit the relief to the minimum nec- representations made in connection with the essary to correct the violation of law; continue a consent decree that does not com- filing of the original petition; (B) adopt the least intrusive means to cor- ply with subsection (a). ‘‘(VI) evidence that the importing em- rect the violation of law; (2) PRIVATE SETTLEMENT AGREEMENTS.— ployer, during the previous 12 months, has (C) minimize, to the greatest extent prac- Nothing in this section shall preclude parties been doing business at the new facility ticable, the adverse impact on national secu- from entering into a private settlement through regular, systematic, and continuous rity, border security, immigration adminis- agreement that does not comply with sub- provision of goods or services, or has other- tration and enforcement, and public safety, section (a) if the terms of that agreement are wise been taking commercially reasonable and not subject to court enforcement other than steps to establish the new facility as a com- (D) provide for the expiration of the relief reinstatement of the civil proceedings that mercial enterprise; on a specific date, which is not later than the agreement settled. ‘‘(VII) a statement of the duties the bene- the earliest date necessary for the Govern- (d) DEFINITIONS.—In this section: ficiary has performed at the new facility dur- ment to remedy the violation. (1) CONSENT DECREE.—The term ‘‘consent ing the previous 12 months and the duties (2) WRITTEN EXPLANATION.—The require- decree’’— the beneficiary will perform at the new facil- ments described in subsection (1) shall be (A) means any relief entered by the court ity during the extension period approved discussed and explained in writing in the that is based in whole or in part on the con- under this clause; order granting prospective relief and must be sent or acquiescence of the parties; and ‘‘(VIII) a statement describing the staffing sufficiently detailed to allow review by an- (B) does not include private settlements. at the new facility, including the number of other court. (2) GOOD CAUSE.—The term ‘‘good cause’’ employees and the types of positions held by (3) EXPIRATION OF PRELIMINARY INJUNCTIVE does not include discovery or congestion of such employees; RELIEF.—Preliminary injunctive relief shall the court’s calendar. ‘‘(IX) evidence of wages paid to employees automatically expire on the date that is 90 (3) GOVERNMENT.—The term ‘‘Government’’ if the beneficiary will be employed in a man- days after the date on which such relief is means the United States, any Federal de- agerial or executive capacity; entered, unless the court— partment or agency, or any Federal agent or ‘‘(X) evidence of the financial status of the (A) makes the findings required under official acting within the scope of official du- new facility; and paragraph (1) for the entry of permanent pro- ties. ‘‘(XI) any other evidence or data prescribed spective relief; and (4) PERMANENT RELIEF.—The term ‘‘perma- by the Secretary. (B) makes the order final before expiration nent relief’’ means relief issued in connec- ‘‘(iii) Notwithstanding subclauses (I) of such 90-day period. tion with a final decision of a court. through (VI) of clause (ii) and subject to the (4) REQUIREMENTS FOR ORDER DENYING MO- (5) PRIVATE SETTLEMENT AGREEMENT.—The maximum period of authorized admission set TION.—This subsection shall apply to any term ‘‘private settlement agreement’’ means forth in subparagraph (D), the Secretary of order denying the Government’s motion to an agreement entered into among the parties Homeland Security may approve a subse- vacate, modify, dissolve or otherwise termi- that is not subject to judicial enforcement quently filed petition on behalf of the bene- nate an order granting prospective relief in other than the reinstatement of the civil ac- ficiary to continue employment at the facil- any civil action pertaining to the adminis- tion that the agreement settled. ity described in this subsection for a period tration or enforcement of the immigration (6) PROSPECTIVE RELIEF.—The term ‘‘pro- beyond the initially granted 12-month period laws of the United States. spective relief’’ means temporary, prelimi- if the importing employer demonstrates that (b) PROCEDURE FOR MOTION AFFECTING nary, or permanent relief other than com- the failure to satisfy any of the requirements ORDER GRANTING PROSPECTIVE RELIEF pensatory monetary damages. described in those subclauses was directly AGAINST THE GOVERNMENT.— (e) EXPEDITED PROCEEDINGS.—It shall be caused by extraordinary circumstances be- (1) IN GENERAL.—A court shall promptly yond the control of the importing employer. rule on the Government’s motion to vacate, the duty of every court to advance on the ‘‘(H)(i) The Secretary of Homeland Secu- modify, dissolve or otherwise terminate an docket and to expedite the disposition of any rity may not authorize the spouse of an alien order granting prospective relief in any civil civil action or motion considered under this described under section 101(a)(15)(L), who is a action pertaining to the administration or section.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2644 CONGRESSIONAL RECORD — SENATE March 30, 2006 SEC. 423. EFFECTIVE DATE. ‘‘(ii) the number of visas calculated under (7) by inserting after paragraph (4), as re- (a) IN GENERAL.—This subtitle shall apply clause (i) that were issued after fiscal year designated, the following: with respect to all orders granting prospec- 2005. ‘‘(5) OTHER WORKERS.—Visas shall be made tive relief in any civil action pertaining to ‘‘(2) VISAS FOR SPOUSES AND CHILDREN.—Im- available, in a number not to exceed 30 per- the administration or enforcement of the immigrant visas issued on or after October 1, cent of such worldwide level, plus any visa migration laws of the United States, whether 2004, to spouses and children of employment- numbers not required for the classes speci- such relief was ordered before, on, or after based immigrants shall not be counted fied in paragraphs (1) through (4), to quali- the date of the enactment of this Act. against the numerical limitation set forth in fied immigrants who are capable, at the time (b) PENDING MOTIONS.—Every motion to va- paragraph (1).’’. of petitioning for classification under this cate, modify, dissolve or otherwise termi- SEC. 502. COUNTRY LIMITS. paragraph, of performing unskilled labor nate an order granting prospective relief in Section 202(a) (8 U.S.C. 1152(a)) is amend- that is not of a temporary or seasonal na- any such action, which motion is pending on ed— ture, for which qualified workers are deter- the date of the enactment of this Act, shall (1) in paragraph (2)— mined to be unavailable in the United be treated as if it had been filed on such date (A) by striking ‘‘, (4), and (5)’’ and insert- States.’’; and of enactment. ing ‘‘and (4)’’; and (8) by striking paragraph (6). (c) AUTOMATIC STAY FOR PENDING MO- (B) by striking ‘‘7 percent (in the case of a (c) CONFORMING AMENDMENTS.— TIONS.— single foreign state) or 2 percent’’ and insert- (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec- (1) IN GENERAL.—An automatic stay with ing ‘‘10 percent (in the case of a single for- tion 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is respect to the prospective relief that is the eign state) or 5 percent’’; and amended by striking ‘‘subject to the numer- subject of a motion described in subsection (2) by striking paragraph (5). ical limitations of section 203(b)(4),’’. (b) shall take effect without further order of SEC. 503. ALLOCATION OF IMMIGRANT VISAS. (2) REPEAL OF TEMPORARY REDUCTION IN the court on the date which is 10 days after (a) PREFERENCE ALLOCATION FOR FAMILY- WORKERS’ VISAS.—Section 203(e) of the Nica- the date of the enactment of this Act if the SPONSORED IMMIGRANTS.—Section 203(a) (8 raguan Adjustment and Central American motion— U.S.C. 1153(a)) is amended to read as follows: Relief Act (Public Law 105–100; 8 U.S.C. 1153 (A) was pending for 45 days as of the date ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY- note) is repealed. of the enactment of this Act; and SPONSORED IMMIGRANTS.—Aliens subject to SEC. 504. RELIEF FOR MINOR CHILDREN. (B) is still pending on the date which is 10 the worldwide level specified in section 201(c) (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. days after such date of enactment. for family-sponsored immigrants shall be al- 1151(b)(2)) is amended to read as follows: (2) DURATION OF AUTOMATIC STAY.—An located visas as follows: ‘‘(2)(A)(i) Aliens admitted under section automatic stay that takes effect under para- ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF 211(a) on the basis of a prior issuance of a graph (1) shall continue until the court en- CITIZENS.—Qualified immigrants who are the visa under section 203(a) to their accom- ters an order granting or denying the Gov- unmarried sons or daughters of citizens of panying parent who is an immediate rel- ernment’s motion under section 422(b). There the United States shall be allocated visas in ative. shall be no further postponement of the a quantity not to exceed the sum of— ‘‘(ii) In this subparagraph, the term ‘imme- automatic stay with respect to any such ‘‘(A) 10 percent of such worldwide level; diate relative’ means a child, spouse, or par- pending motion under section 422(b)(2). Any and ent of a citizen of the United States (and order, staying, suspending, delaying or oth- ‘‘(B) any visas not required for the class each child of such child, spouse, or parent erwise barring the effective date of this auto- specified in paragraph (4). who is accompanying or following to join the matic stay with respect to pending motions ‘‘(2) SPOUSES AND UNMARRIED SONS AND child, spouse, or parent), except that, in the described in subsection (b) shall be an order DAUGHTERS OF PERMANENT RESIDENT case of parents, such citizens shall be at blocking an automatic stay subject to imme- ALIENS.— least 21 years of age. diate appeal under section 422(b)(2)(D). ‘‘(A) IN GENERAL.—Visas in a quantity not ‘‘(iii) An alien who was the spouse of a cit- TITLE V—BACKLOG REDUCTION to exceed 50 percent of such worldwide level izen of the United States for not less than 2 SEC. 501. ELIMINATION OF EXISTING BACKLOGS. plus any visas not required for the class years at the time of the citizen’s death and (a) FAMILY-SPONSORED IMMIGRANTS.—Sec- specified in paragraph (1) shall be allocated was not legally separated from the citizen at tion 201(c) (8 U.S.C. 1151(c)) is amended to to qualified immigrants who are— the time of the citizen’s death, and each read as follows: ‘‘(i) the spouses or children of an alien law- child of such alien, shall be considered, for ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- fully admitted for permanent residence; or purposes of this subsection, to remain an im- SORED IMMIGRANTS.—The worldwide level of ‘‘(ii) the unmarried sons or daughters of an mediate relative after the date of the citi- family-sponsored immigrants under this sub- alien lawfully admitted for permanent resi- zen’s death if the spouse files a petition section for a fiscal year is equal to the sum dence. under section 204(a)(1)(A)(ii) before the ear- of— ‘‘(B) MINIMUM PERCENTAGE.—Visas allo- lier of— ‘‘(1) 480,000; cated to individuals described in subpara- ‘‘(I) 2 years after such date; or ‘‘(2) the difference between the maximum graph (A)(i) shall constitute not less than 77 ‘‘(II) the date on which the spouse remar- number of visas authorized to be issued percent of the visas allocated under this ries. under this subsection during the previous fis- paragraph. ‘‘(iv) In this clause, an alien who has filed cal year and the number of visas issued dur- ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI- a petition under clause (iii) or (iv) of section ing the previous fiscal year; ZENS.—Qualified immigrants who are the 204(a)(1)(A) remains an immediate relative if ‘‘(3) the difference between— married sons and daughters of citizens of the the United States citizen spouse or parent ‘‘(A) the maximum number of visas author- United States shall be allocated visas in a loses United States citizenship on account of ized to be issued under this subsection dur- quantity not to exceed the sum of— the abuse. ing fiscal years 2001 through 2005 minus the ‘‘(A) 10 percent of such worldwide level; ‘‘(B) Aliens born to an alien lawfully ad- number of visas issued under this subsection and mitted for permanent residence during a during those fiscal years; and ‘‘(B) any visas not required for the classes temporary visit abroad.’’. ‘‘(B) the number of visas calculated under specified in paragraphs (1) and (2). (b) PETITION.—Section 204(a)(1)(A)(ii) (8 subparagraph (A) that were issued after fis- ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— U.S.C. 1154 (a)(1)(A)(ii)) is amended by strik- cal year 2005.’’. Qualified immigrants who are the brothers ing ‘‘in the second sentence of section (b) EMPLOYMENT-BASED IMMIGRANTS.—Sec- or sisters of a citizen of the United States 201(b)(2)(A)(i) also’’ and inserting ‘‘in section tion 201(d) (8 U.S.C. 1151(d)) is amended to who is at least 21 years of age shall be allo- 201(b)(2)(A)(iii) or an alien child or alien par- read as follows: cated visas in a quantity not to exceed 30 ent described in the 201(b)(2)(A)(iv)’’. ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- percent of the worldwide level.’’. SEC. 505. SHORTAGE OCCUPATIONS. BASED IMMIGRANTS.— (b) PREFERENCE ALLOCATION FOR EMPLOY- (a) EXCEPTION TO DIRECT NUMERICAL LIMI- ‘‘(1) IN GENERAL.—Subject to paragraph (2), MENT-BASED IMMIGRANTS.—Section 203(b) (8 TATIONS.—Section 201(b)(1) (8 U.S.C. the worldwide level of employment-based im- U.S.C. 1153(b)) is amended— 1151(b)(1)) is amended by adding at the end migrants under this subsection for a fiscal (1) in paragraph (1), by striking ‘‘28.6 per- the following new subparagraph: year is equal to the sum of— cent’’ and inserting ‘‘15 percent’’; ‘‘(F)(i) During the period beginning on the ‘‘(A) 290,000; (2) in paragraph (2)(A), by striking ‘‘28.6 date of the enactment the Comprehensive ‘‘(B) the difference between the maximum percent’’ and inserting ‘‘15 percent’’; Immigration Reform Act of 2006 and ending number of visas authorized to be issued (3) in paragraph (3)(A)— on September 30, 2017, an alien— under this subsection during the previous fis- (A) by striking ‘‘28.6 percent’’ and insert- ‘‘(I) who is otherwise described in section cal year and the number of visas issued during ‘‘35 percent’’; and 203(b); and ing the previous fiscal year; and (B) by striking clause (iii); ‘‘(II) who is seeking admission to the ‘‘(C) the difference between— (4) by striking paragraph (4); United States to perform labor in shortage ‘‘(i) the maximum number of visas author- (5) by redesignating paragraph (5) as para- occupations designated by the Secretary of ized to be issued under this subsection dur- graph (4); Labor for blanket certification under section ing fiscal years 2001 through 2005 and the (6) in paragraph (4)(A), as redesignated, by 212(a)(5)(A) due to the lack of sufficient number of visa numbers issued under this striking ‘‘7.1 percent’’ and inserting ‘‘5 per- United States workers able, willing, quali- subsection during those fiscal years; and cent’’; fied, and available for such occupations and

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2645 for which the employment of aliens will not (A) address health worker shortages caused shall be treated in the same manner as a ref- adversely affect the terms and conditions of by emigration; ugee solely for purposes of section 412. similarly employed United States workers. (B) ensure that there is sufficient human ‘‘(4) The provisions of paragraphs (4), (5), ‘‘(ii) During the period described in clause resource planning or other technical assist- and (7)(A) of section 212(a) shall not be appli- (i), the spouse or dependents of an alien de- ance needed to reduce further health worker cable to any alien seeking admission to the scribed in clause (i), if accompanying or fol- shortages in such countries. United States under subsection (a)(27)(N), lowing to join such alien.’’. SEC. 506. RELIEF FOR WIDOWS AND ORPHANS. and the Secretary of Homeland Security may waive any other provision of such section (b) EXCEPTION TO NONDISCRIMINATION RE- (a) SHORT TITLE.—This section may be QUIREMENTS.—Section 202(a)(1)(A) (8 U.S.C. cited as the ‘‘Widows and Orphans Act of (other than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph (3) with re- 1152(a)(1)(A)) is amended by striking 2006’’. spect to such an alien for humanitarian pur- ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)’’. (b) NEW SPECIAL IMMIGRANT CATEGORY.— poses, to assure family unity, or when it is (c) EXCEPTION TO PER COUNTRY LEVELS FOR (1) CERTAIN CHILDREN AND WOMEN AT RISK otherwise in the public interest. Any such FAMILY-SPONSORED AND EMPLOYMENT-BASED OF HARM.—Section 101(a)(27) (8 U.S.C. waiver by the Secretary of Homeland Secu- IMMIGRANTS.—Section 202(a)(2) (8 U.S.C. 1101(a)(27)) is amended— rity shall be in writing and shall be granted 1152(a)(2)), as amended by section 502(1), is (A) in subparagraph (L), by inserting a only on an individual basis following an in- further amended by inserting ‘‘, except for semicolon at the end; vestigation. The Secretary of Homeland Se- aliens described in section 201(b),’’ after ‘‘any (B) in subparagraph (M), by striking the curity shall provide for the annual reporting fiscal year’’. period at the end and inserting ‘‘; or’’; and to Congress of the number of waivers granted (d) INCREASING THE DOMESTIC SUPPLY OF (C) by adding at the end the following: under this paragraph in the previous fiscal NURSES AND PHYSICAL THERAPISTS.—Not ‘‘(N) subject to subsection (j), an immi- year and a summary of the reasons for grant- later than January 1, 2007, the Secretary of grant who is not present in the United ing such waivers. Health and Human Services shall— States— ‘‘(5) For purposes of subsection (1) submit to Congress a report on the ‘‘(i) who is— (a)(27)(N)(i)(II), a determination of age shall source of newly licensed nurses and physical ‘‘(I) referred to a consular, immigration, or be made using the age of the alien on the therapists in each State, which report other designated official by a United States date on which the alien was referred to the shall— Government agency, an international orga- consular, immigration, or other designated (A) include the past 3 years for which data nization, or recognized nongovernmental en- official. are available; tity designated by the Secretary of State for ‘‘(6) The Secretary of Homeland Security (B) provide separate data for each occupa- purposes of such referrals; and shall waive any application fee for a special tion and for each State; ‘‘(II) determined by such official to be a immigrant visa for an alien described in sec- (C) separately identify those receiving minor under 18 years of age (as determined tion 101(a)(27)(N).’’. their initial license and those licensed by en- under subsection (j)(5))— (3) EXPEDITED PROCESS.—Not later than 45 dorsement from another State; ‘‘(aa) for whom no parent or legal guardian days after the date of referral to a consular, (D) within those receiving their initial li- is able to provide adequate care; immigration, or other designated official (as cense in each year, identify the number who ‘‘(bb) who faces a credible fear of harm re- described in section 101(a)(27)(N) of the Im- received their professional education in the lated to his or her age; migration and Nationality Act, as added by United States and those who received such ‘‘(cc) who lacks adequate protection from paragraph (1))— education outside the United States; and such harm; and (A) special immigrant status shall be adju- (E) to the extent possible, identify, by ‘‘(dd) for whom it has been determined to dicated; and State of residence and country of education, be in his or her best interests to be admitted (B) if special immigrant status is granted, the number of nurses and physical therapists to the United States; or the alien shall be paroled to the United who were educated in any of the 5 countries ‘‘(ii) who is— States pursuant to section 212(d)(5) of that (other than the United States) from which ‘‘(I) referred to a consular or immigration Act (8 U.S.C. 1182(d)(5)) and allowed to apply the most nurses and physical therapists ar- official by a United States Government for adjustment of status to permanent resi- rived; agency, an international organization or rec- dence under section 245 of that Act (8 U.S.C. (F) identify the barriers to increasing the ognized nongovernmental entity designated 1255) within 1 year after the alien’s arrival in supply of nursing faculty, domestically by the Secretary of State for purposes of the United States. trained nurses, and domestically trained such referrals; and (4) REPORT TO CONGRESS.—Not later than 1 physical therapists; ‘‘(II) determined by such official to be a fe- year after the date of the enactment of this (G) recommend strategies to be followed by male who has— Act, the Secretary shall submit a report to Federal and State governments that would ‘‘(aa) a credible fear of harm related to her the Committee on the Judiciary of the Sen- be effective in removing such barriers, in- sex; and ate and the Committee on the Judiciary of cluding strategies that address barriers to ‘‘(bb) a lack of adequate protection from the House of Representatives on the progress advancement to become registered nurses for such harm.’’. of the implementation of this section and other health care workers, such as home (2) STATUTORY CONSTRUCTION.—Section 101 the amendments made by this section, in- health aides and nurses assistants; (8 U.S.C. 1101) is amended by adding at the cluding— (H) recommend amendments to Federal end the following: (A) data related to the implementation of legislation that would increase the supply of ‘‘(j)(1) No natural parent or prior adoptive this section and the amendments made by nursing faculty, domestically trained nurses, parent of any alien provided special immi- this section; and domestically trained physical thera- grant status under subsection (a)(27)(N)(i) (B) data regarding the number of place- pists; shall thereafter, by virtue of such parentage, ments of females and children who faces a (I) recommend Federal grants, loans, and be accorded any right, privilege, or status credible fear of harm as referred to in sec- other incentives that would provide in- under this Act. tion 101(a)(27)(N) of the Immigration and Na- creases in nurse educators, nurse training fa- ‘‘(2)(A) No alien who qualifies for a special tionality Act, as added by paragraph (1); and cilities, and other steps to increase the do- immigrant visa under subsection (C) any other information that the Sec- mestic education of new nurses and physical (a)(27)(N)(ii) may apply for derivative status retary considers appropriate. therapists; or petition for any spouse who is represented (5) AUTHORIZATION OF APPROPRIATIONS.— (J) identify the effects of nurse emigration by the alien as missing, deceased, or the There are authorized to be appropriated such on the health care systems in their countries source of harm at the time of the alien’s ap- sums as may be necessary to carry out this of origin; and plication and admission. The Secretary of subsection and the amendments made by (K) recommend amendments to Federal Homeland Security may waive this require- this subsection. law that would minimize the effects of ment for an alien who demonstrates that the (c) REQUIREMENTS FOR ALIENS.— health care shortages in the countries of ori- alien’s representations regarding the spouse (1) REQUIREMENT PRIOR TO ENTRY INTO THE gin from which immigrant nurses arrived; were bona fide. UNTIED STATES.— (2) enter into a contract with the National ‘‘(B) An alien who qualifies for a special (A) DATABASE SEARCH.—An alien may not Academy of Sciences Institute of Medicine immigrant visa under subsection (a)(27)(N) be admitted to the United States unless the to determine the level of Federal investment may apply for derivative status or petition Secretary has ensured that a search of each under titles VII and VIII of the Public for any sibling under the age of 18 years or database maintained by an agency or depart- Health Service Act necessary to eliminate children under the age of 18 years of any ment of the United States has been con- the domestic nursing and physical therapist such alien, if accompanying or following to ducted to determine whether such alien is in- shortage not later than 7 years from the date join the alien. For purposes of this subpara- eligible to be admitted to the Untied States on which the report is published; and graph, a determination of age shall be made on criminal, security, or related grounds. (3) collaborate with other agencies, as ap- using the age of the alien on the date the pe- (B) COOPERATION AND SCHEDULE.—The Sec- propriate, in working with ministers of tition is filed with the Department of Home- retary and the head of each appropriate health or other appropriate officials of the 5 land Security. agency or department of the United States countries from which the most nurses and ‘‘(3) An alien who qualifies for a special im- shall work cooperatively to ensure that each physical therapists arrived, to— migrant visa under subsection (a)(27)(N) database search required by subparagraph

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2646 CONGRESSIONAL RECORD — SENATE March 30, 2006 (A) is completed not later than 45 days after (3) in clause (iii), by adding ‘‘and’’ at the proved petition for classification under sub- the date on which an alien files a petition end; and paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) seeking a special immigration visa under (4) by adding at the end the following: of section 204(a)(1), may be adjusted by the section 101(a)(27)(N) of the Immigration and ‘‘(iv) an alien described in clause (i) who Secretary of Homeland Security or the At- Nationality Act, as added by subsection has been accepted and plans to attend an ac- torney General, under such regulations as (b)(1). credited graduate program in mathematics, the Secretary or the Attorney General may (2) REQUIREMENT AFTER ENTRY INTO THE engineering, technology, or the sciences in prescribe, to that of an alien lawfully admit- UNITED STATES.— the United States for the purpose of obtain- ted for permanent residence if— (A) REQUIREMENT TO SUBMIT FINGER- ing an advanced degree.’’. ‘‘(A) the alien makes an application for PRINTS.— (b) ADMISSION OF NONIMMIGRANTS.—Section such adjustment; (i) IN GENERAL.—Not later than 30 days 214(b) (8 U.S.C. 1184(b)) is amended by strik- ‘‘(B) the alien is eligible to receive an im- after the date that an alien enters the ing ‘‘subparagraph (L) or (V)’’ and inserting migrant visa; United States, the alien shall be ‘‘subparagraph (F)(iv), (L), or (V)’’. ‘‘(C) the alien is admissible to the United fingerprinted and submit to the Secretary (c) REQUIREMENTS FOR F-4 VISA.—Section States for permanent residence; and such fingerprints and any other personal bio- 214(m) (8 U.S.C. 1184(m)) is amended— ‘‘(D) an immigrant visa is immediately metric data required by the Secretary. (1) by inserting before paragraph (1) the available to the alien at the time the appli- (ii) OTHER REQUIREMENTS.—The Secretary following: cation is filed. may prescribe regulations that permit fin- ‘‘(m) NONIMMIGRANT ELEMENTARY, SEC- ‘‘(2) STUDENT VISAS.—Notwithstanding the gerprints submitted by an alien under sec- ONDARY, AND POST-SECONDARY SCHOOL STU- requirement under paragraph (1)(D), an alien tion 262 of the Immigration and Nationality DENTS.—’’; and may file an application for adjustment of Act (8 U.S.C. 1302) or any other provision of (2) by adding at the end the following: status under this section if— ‘‘(3) A visa issued to an alien under section law to satisfy the requirement to submit fin- ‘‘(A) the alien has been issued a visa or 101(a)(15)(F)(iv) shall be valid— gerprints of clause (i). otherwise provided nonimmigrant status ‘‘(A) during the intended period of study in (B) DATABASE SEARCH.—The Secretary under section 101(a)(15)(F)(iv), or would have a graduate program described in such sec- shall ensure that a search of each database qualified for such nonimmigrant status if tion; that contains fingerprints that is maintained section 101(a)(15)(F)(iv) had been enacted be- ‘‘(B) for an additional period, not to exceed by an agency or department of the United fore such alien’s graduation; 1 year after the completion of the graduate States be conducted to determine whether ‘‘(B) the alien has earned an advanced de- program, if the alien is actively pursuing an such alien is ineligible for an adjustment of gree in the sciences, technology, engineer- offer of employment related to the knowl- status under any provision of the Immigra- ing, or mathematics; edge and skills obtained through the grad- tion and Nationality Act (8 U.S.C. 1101 et ‘‘(C) the alien is the beneficiary of a peti- uate program; and seq.) on criminal, security, or related tion filed under subparagraph (E) or (F) of ‘‘(C) for the additional period necessary for grounds. section 204(a)(1); and the adjudication of any application for labor (C) COOPERATION AND SCHEDULE.—The Sec- ‘‘(D) a fee of $2,000 is remitted to the Sec- certification, employment-based immigrant retary and the head of each appropriate retary on behalf of the alien. petition, and application under section agency or department of the United States ‘‘(3) LIMITATION.—An application for ad- 245(a)(2) to adjust such alien’s status to that shall work cooperatively to ensure that each justment of status filed under this section of an alien lawfully admitted for permanent database search required by subparagraph may not be approved until an immigrant residence, if such application for labor cer- (B) is completed not later than 180 days after visa number becomes available.’’. tification or employment-based immigrant the date on which the alien enters the (f) USE OF FEES.— petition has been filed not later than 1 year United States. (1) JOB TRAINING; SCHOLARSHIPS.—Section after the completion of the graduate pro- (D) ADMINISTRATIVE AND JUDICIAL REVIEW.— 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by in- gram.’’. (i) IN GENERAL.—There may be no review of serting ‘‘and 80 percent of the fees collected (d) OFF CAMPUS WORK AUTHORIZATION FOR a determination by the Secretary, after a under section 245(a)(2)(D)’’ before the period FOREIGN STUDENTS.— search required by subparagraph (B), that an at the end. (1) IN GENERAL.—Aliens admitted as non- alien is ineligible for an adjustment of sta- immigrant students described in section (2) FRAUD PREVENTION AND DETECTION.— tus, under any provision of the Immigration 101(a)(15)(F) of the Immigration and Nation- Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is and Nationality Act (8 U.S.C. 1101 et seq.) on ality Act (8 U.S.C. 1101(a)(15)(F)) may be em- amended by inserting ‘‘and 20 percent of the criminal, security, or related grounds except ployed in an off-campus position unrelated fees collected under section 245(a)(2)(D)’’ be- as provided in this subparagraph. to the alien’s field of study if— fore the period at the end. (ii) ADMINISTRATIVE REVIEW.—An alien may (A) the alien has enrolled full time at the SEC. 508. VISAS FOR INDIVIDUALS WITH AD- appeal a determination described in clause educational institution and is maintaining VANCED DEGREES. (i) through the Administrative Appeals Of- good academic standing; (a) ALIENS WITH CERTAIN ADVANCED DE- fice of the Bureau of Citizenship and Immi- (B) the employer provides the educational GREES NOT SUBJECT TO NUMERICAL LIMITA- gration Services. The Secretary shall ensure institution and the Secretary of Labor with TIONS ON EMPLOYMENT BASED IMMIGRANTS.— that a determination on such appeal is made an attestation that the employer— (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. not later than 60 days after the date that the (i) has spent at least 21 days recruiting 1151(b)(1)), as amended by section 505, is appeal is filed. United States citizens to fill the position; amended by adding at the end the following: (iii) JUDICIAL REVIEW.—There may be no ju- and ‘‘(G) Aliens who have earned an advanced dicial review of a determination described in (ii) will pay the alien and other similarly degree in science, technology, engineering, clause (i). situated workers at a rate equal to not less or math and have been working in a related SEC. 507. STUDENT VISAS. than the greater of— field in the United States under a non- (a) IN GENERAL.—Section 101(a)(15)(F) (8 (I) the actual wage level for the occupation immigrant visa during the 3-year period pre- U.S.C. 1101(a)(15)(F)) is amended— at the place of employment; or ceding their application for an immigrant (1) in clause (i)— (II) the prevailing wage level for the occu- visa under section 203(b). (A) by striking ‘‘he has no intention of pation in the area of employment; and ‘‘(H) Aliens described in subparagraph (A) abandoning, who is’’ and inserting the fol- (C) the alien will not be employed more or (B) of section 203(b)(1)(A) or who have re- lowing: ‘‘except in the case of an alien de- than— ceived a national interest waiver under sec- scribed in clause (iv), the alien has no inten- (i) 20 hours per week during the academic tion 203(b)(2)(B). tion of abandoning, who is— term; or ‘‘(I) The spouse and minor children of an ‘‘(I)’’; (ii) 40 hours per week during vacation peri- alien who is admitted as an employment- (B) by striking ‘‘consistent with section ods and between academic terms. based immigrant under section 203(b).’’. 214(l)’’ and inserting ‘‘(except for a graduate (2) DISQUALIFICATION.—If the Secretary of (2) APPLICABILITY.—The amendment made program described in clause (iv)) consistent Labor determines that an employer has pro- by paragraph (1) shall apply to any visa ap- with section 214(m)’’; vided an attestation under paragraph (1)(B) plication— (C) by striking the comma at the end and that is materially false or has failed to pay (A) pending on the date of the enactment inserting the following: ‘‘; or wages in accordance with the attestation, of this Act; or ‘‘(II) engaged in temporary employment the employer, after notice and opportunity (B) filed on or after such date of enact- for optional practical training related to the for a hearing, shall be disqualified from em- ment. alien’s area of study, which practical train- ploying an alien student under paragraph (1). (b) LABOR CERTIFICATION.—Section ing shall be authorized for a period or peri- (e) ADJUSTMENT OF STATUS.—Section 245(a) 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is ods of up to 24 months;’’; (8 U.S.C. 1255(a)) is amended to read as fol- amended— (2) in clause (ii)— lows: (1) in subclause (I), by striking ‘‘or’’ at the (A) by inserting ‘‘or (iv)’’ after ‘‘clause (i)’’; ‘‘(a) AUTHORIZATION.— end; and ‘‘(1) IN GENERAL.—The status of an alien, (2) in subclause (II), by striking the period (B) by striking ‘‘, and’’ and inserting a who was inspected and admitted or paroled at the end and inserting ‘‘; or’’; and semicolon; into the United States, or who has an ap- (3) by adding at the end the following:

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2647 ‘‘(III) has an advanced degree in the rity records demonstrating such employment ‘‘(iii) subparagraph (A) or (C) of section sciences, technology, engineering, or mathe- maintained by— 212(a)(10) (relating to polygamists and child matics from an accredited university in the ‘‘(i) the Social Security Administration, abductors); United States and is employed in a field re- Internal Revenue Service, or by any other ‘‘(C) for conduct that occurred before Janu- lated to such degree.’’. Federal, State, or local government agency; ary 7, 2004, the Secretary of Homeland Secu- (c) TEMPORARY WORKERS.—Section 214(g) (8 ‘‘(ii) an employer; or rity may waive the application of any provi- U.S.C. 1184(g)) is amended— ‘‘(iii) a labor union, day labor center, or an sion of section 212(a) not listed in subpara- (1) in paragraph (1)— organization that assists workers in matters graph (B) on behalf of an individual alien for (A) by striking ‘‘(beginning with fiscal related to employment. humanitarian purposes, to ensure family year 1992)’’; and ‘‘(B) OTHER DOCUMENTS.—An alien who is unity, or when such waiver is otherwise in (B) in subparagraph (A)— unable to submit a document described in the public interest; and (i) in clause (vii), by striking ‘‘each suc- clauses (i) through (iii) of subparagraph (A) ‘‘(D) nothing in this paragraph shall be ceeding fiscal year; or’’ and inserting ‘‘each may satisfy the requirement in paragraph (1) construed as affecting the authority of the of fiscal years 2004, 2005, and 2006;’’; and by submitting to the Secretary at least 2 Secretary of Homeland Security other than (ii) by adding after clause (vii) the fol- other types of reliable documents that pro- under this paragraph to waive the provisions lowing: vide evidence of employment, including— of section 212(a). ‘‘(viii) 115,000 in the first fiscal year begin- ‘‘(i) bank records; ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— ning after the date of the enactment of this ‘‘(ii) business records; Sections 240B(d) and 241(a)(5) shall not apply clause; and ‘‘(iii) sworn affidavits from nonrelatives to an alien who is applying for adjustment of ‘‘(ix) the number calculated under para- who have direct knowledge of the alien’s status in accordance with this title for con- graph (9) in each fiscal year after the year work; or duct that occurred before the date of enact- described in clause (viii); or’’; ‘‘(iv) remittance records. ment of the Comprehensive Immigration Re- (2) in paragraph (5)— ‘‘(3) INTENT OF CONGRESS.—It is the intent form Act of 2006. (A) in subparagraph (B), by striking ‘‘or’’ of Congress that the requirement in this sub- ‘‘(4) SPECIAL RULES FOR MINORS AND INDI- at the end; section be interpreted and implemented in a VIDUALS WHO ENTERED AS MINORS.—The em- (B) in subparagraph (C), by striking the pe- manner that recognizes and takes into ac- ployment requirements under this section riod at the end and inserting ‘‘; or’’; and count the difficulties encountered by aliens shall not apply to any alien under 21 years of (C) by adding at the end the following: in obtaining evidence of employment due to age. ‘‘(D) has earned an advanced degree in the undocumented status of the alien. ‘‘(5) EDUCATION PERMITTED.—An alien may science, technology, engineering, or math.’’; ‘‘(4) BURDEN OF PROOF.—An alien described satisfy the employment requirements under (3) by redesignating paragraphs (9), (10), in paragraph (1) who is applying for adjust- this section, in whole or in part, by full-time and (11) as paragraphs (10), (11), and (12), re- ment of status under this section has the attendance at— spectively; and burden of proving by a preponderance of the ‘‘(A) an institution of higher education (as (4) by inserting after paragraph (8) the fol- evidence that the alien has satisfied the re- defined in section 101 of the Higher Edu- lowing: quirements of this subsection. An alien may cation Act of 1965 (20 U.S.C. 1001)); or ‘‘(9) If the numerical limitation in para- meet such burden of proof by producing suffi- ‘‘(B) a secondary school (as defined in sec- graph (1)(A)— cient evidence to demonstrate such employ- tion 9101 of the Elementary and Secondary ‘‘(A) is reached during a given fiscal year, ment as a matter of reasonable inference. Education Act of 1965 (20 U.S.C. 7801)). ‘‘(c) SPOUSES AND CHILDREN.—Notwith- ‘‘(e) SECURITY AND LAW ENFORCEMENT the numerical limitation under paragraph standing any other provision of law, the Sec- BACKGROUND CHECKS.— (1)(A)(ix) for the subsequent fiscal year shall retary of Homeland Security shall— ‘‘(1) SUBMISSION OF FINGERPRINTS.—An be equal to 120 percent of the numerical limi- ‘‘(1) adjust the status to that of a condi- alien may not be granted conditional non- tation of the given fiscal year; or tional nonimmigrant under this section for, immigrant status under this section, or ‘‘(B) is not reached during a given fiscal or provide a nonimmigrant visa to, the granted status as the spouse or child of an year, the numerical limitation under para- spouse or child of an alien who is provided alien eligible for such status under sub- graph (1)(A)(ix) for the subsequent fiscal nonimmigrant status under this section; or section (c), unless the alien submits finger- year shall be equal to the numerical limita- ‘‘(2) adjust the status to that of a condi- prints in accordance with procedures estab- tion of the given fiscal year.’’. tional nonimmigrant under this section for lished by the Secretary of Homeland Secu- (d) APPLICABILITY.—The amendment made an alien who, before January 7, 2004, was the rity. by subsection (c)(2) shall apply to any visa spouse or child of an alien who is provided ‘‘(2) BACKGROUND CHECKS.—The Secretary application— conditional nonimmigrant status under this of Homeland Security shall utilize finger- (1) pending on the date of the enactment of section, or is eligible for such status, if— prints and other data provided by the alien this Act; or ‘‘(A) the termination of the qualifying re- to conduct a background check of such alien (2) filed on or after such date of enactment. lationship was connected to domestic vio- relating to criminal, national security, or TITLE VI—WORK AUTHORIZATION AND lence; and other law enforcement actions that would LEGALIZATION OF UNDOCUMENTED IN- ‘‘(B) the spouse or child has been battered render the alien ineligible for a grant of con- DIVIDUALS or subjected to extreme cruelty by the ditional nonimmigrant status as described in Subtitle A—Conditional Nonimmigrant spouse or parent alien who is provided condi- this section. Workers tional nonimmigrant status under this sec- ‘‘(3) EXPEDITIOUS PROCESSING.—The back- SEC. 601. 218D CONDITIONAL NONIMMIGRANTS. tion. ground checks required under paragraph (2) (a) IN GENERAL.—Title II (8 U.S.C. 1151 et ‘‘(d) OTHER CRITERIA.— shall be conducted as expeditiously as pos- seq.) is amended by adding after section 218C, ‘‘(1) IN GENERAL.—An alien may be granted sible. as added by section 405 of this Act, the fol- conditional nonimmigrant status under this ‘‘(f) PERIOD OF AUTHORIZED STAY AND AP- lowing: section or granted status as the spouse or PLICATION FEE AND FINE.— ‘‘SEC. 218D. CONDITIONAL NONIMMIGRANT WORK child of an alien eligible for such status ‘‘(1) PERIOD OF AUTHORIZED STAY.— AUTHORIZATION AND STATUS. under subsection (c), if the alien establishes ‘‘(A) IN GENERAL.—The period of authorized ‘‘(a) IN GENERAL.—The Secretary of Home- that the alien— stay for a conditional nonimmigrant de- land Security shall grant conditional non- ‘‘(A) is not inadmissible to the United scribed in this section shall be 6 years. immigrant work authorization and status to States under section 212(a), except as pro- ‘‘(B) LIMITATION.—The Secretary of Home- remain in the United States to an alien if vided in paragraph (2); and land Security may not authorize a change the alien— ‘‘(B) has not ordered, incited, assisted, or from such conditional nonimmigrant classi- ‘‘(1) submits an application for such a otherwise participated in the persecution of fication to any other immigrant or non- grant; and any person on account of race, religion, na- immigrant classification until the termi- ‘‘(2) meets the requirements of this sec- tionality, membership in a particular social nation of the 6-year period described in sub- tion. group, or political opinion. paragraph (A). The Secretary may only ex- ‘‘(b) REQUIREMENTS.— ‘‘(2) GROUNDS OF INADMISSIBILITY.—In de- tend such period to accommodate the proc- ‘‘(1) PRESENCE; EMPLOYMENT.—The alien es- termining an alien’s admissibility under essing of an application for adjustment of tablishes that the alien— paragraph (1)(A)— status under section 245B. ‘‘(A) was physically present in the United ‘‘(A) paragraphs (5), (6)(A), (6)(B), (6)(C), ‘‘(2) APPLICATION FEE.—The Secretary of States before January 7, 2004; and (6)(F), (6)(G), (7), (9), and (10)(B) of section Homeland Security shall impose a fee for fil- ‘‘(B) was employed in the United States be- 212(a) shall not apply; ing an application for a grant of status under fore January 7, 2004, and has been employed ‘‘(B) the Secretary of Homeland Security this section. Such fee shall be sufficient to in the United States since that date. may not waive— cover the administrative and other expenses ‘‘(2) EVIDENCE OF EMPLOYMENT.— ‘‘(i) subparagraph (A), (B), (C), (E), (G), (H), incurred in connection with the review of ‘‘(A) CONCLUSIVE DOCUMENTS.—An alien or (I) of section 212(a)(2) (relating to crimi- such applications. may conclusively establish employment sta- nals); ‘‘(3) FINES.— tus in compliance with paragraph (1) by sub- ‘‘(ii) section 212(a)(3) (relating to security ‘‘(A) IN GENERAL.—In addition to the fee re- mitting to the Secretary of Homeland Secu- and related grounds); or quired under paragraph (2), the Secretary of

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2648 CONGRESSIONAL RECORD — SENATE March 30, 2006 Homeland Security may accept an applica- denial of an application for a grant of status ‘‘(ii) to create or supply a false writing or tion for a grant of status under this section under this section. Notwithstanding any document for use in making such an applica- only if the alien pays a $1,000 fine. other provision of law, the standard for re- tion. ‘‘(B) EXCEPTION.—Fines paid under this view of such a denial shall be governed by ‘‘(B) PENALTY.—Any person who violates paragraph shall not be required from an subparagraph (B). subparagraph (A) shall be fined in accord- alien under the age of 21. ‘‘(B) STANDARD FOR JUDICIAL REVIEW.—Ju- ance with title 18, United States Code, im- ‘‘(4) COLLECTION OF FEES AND FINES.—All dicial review of a denial of an application prisoned not more than 5 years, or both. fees and fines collected under this section under this section shall be based solely upon ‘‘(2) INADMISSIBILITY.—An alien who is con- shall be deposited in the Treasury in accord- the administrative record established at the victed of a crime under paragraph (1) shall be ance with section 286(w). time of the review. The findings of fact and considered to be inadmissible to the United ‘‘(g) TREATMENT OF APPLICANTS.— other determinations contained in the record States on the ground described in section ‘‘(1) IN GENERAL.—An alien who files an ap- shall be conclusive unless the applicant can 212(a)(6)(C)(i). plication under this section, including the establish abuse of discretion or that the find- ‘‘(3) EXCEPTION.—Notwithstanding para- alien’s spouse or child— ings are directly contrary to clear and con- graphs (1) and (2), any alien or other entity ‘‘(A) shall be granted employment author- vincing facts contained in the record, consid- (including an employer or union) that sub- ization pending final adjudication of the ered as a whole. mits an employment record that contains in- alien’s application for a grant of status; ‘‘(C) JURISDICTION OF COURTS.— correct data that the alien used in order to ‘‘(B) shall be granted permission to travel ‘‘(i) IN GENERAL.—Notwithstanding any obtain such employment before, shall not, on abroad; other provision of law, the district courts of that ground, be determined to have violated ‘‘(C) may not be detained, determined inad- the United States shall have jurisdiction this section.’’. missible or deportable, or removed pending (b) CLERICAL AMENDMENT.—The table of final adjudication of the alien’s application over any cause or claim arising from a pattern or practice of the Secretary of Home- contents for the Immigration and Nation- for a grant of status, unless the alien, ality Act (8 U.S.C. 1101 et seq.) is amended by through conduct or criminal conviction, be- land Security in the operation or implementation of this section that is arbitrary, capri- inserting after the item relating to section comes ineligible for such grant of status; and 218C the following: ‘‘(D) may not be considered an unauthor- cious, or otherwise contrary to law, and may ized alien (as defined in section 274A) until order any appropriate relief. ‘‘Sec. 218D. Conditional nonimmigrant work employment authorization under subpara- ‘‘(ii) REMEDIES.—A district court may authorization and status.’’. graph (A) is denied. order any appropriate relief under clause (i) SEC. 602. ADJUSTMENT OF STATUS FOR SECTION ‘‘(2) BEFORE APPLICATION PERIOD.—If an if the court determines that resolution of 218D CONDITIONAL NON- alien is apprehended after the date of the en- such cause or claim will serve judicial and IMMIGRANTS. actment of this section, but before the pro- administrative efficiency or that a remedy (a) IN GENERAL.—Chapter 5 of title II (8 mulgation of regulations pursuant to this would otherwise not be reasonably available U.S.C. 1255 et seq.) is amended by inserting section, and the alien can establish prima or practicable. after section 245A the following: facie eligibility as a conditional non- ‘‘(3) STAY OF REMOVAL.—Aliens seeking ad- ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF SECTION immigrant under this section, the Secretary ministrative or judicial review under this 218D CONDITIONAL NONIMMIGRANT of Homeland Security shall provide the alien subsection shall not be removed from the TO THAT OF PERSON ADMITTED FOR with a reasonable opportunity, after promul- United States until a final decision is ren- LAWFUL PERMANENT RESIDENCE. gation of regulations, to file an application dered establishing ineligibility under this ‘‘(a) REQUIREMENTS.—The Secretary of for a grant of status. section. Homeland Security shall adjust the status of an alien from conditional nonimmigrant sta- ‘‘(3) DURING CERTAIN PROCEEDINGS.—Not- ‘‘(i) CONFIDENTIALITY OF INFORMATION.— tus under section 218D to that of an alien withstanding any provision of this Act, an ‘‘(1) IN GENERAL.—Except as otherwise pro- lawfully admitted for permanent residence alien who is in removal proceedings shall vided in this subsection, no Federal agency under this section if the alien satisfies the have an opportunity to apply for a grant of or bureau, nor any officer, employee, or following requirements: status under this title unless a final adminis- agent of such agency or bureau, may— ‘‘(1) COMPLETION OF EMPLOYMENT OR EDU- trative determination has been made. ‘‘(A) use the information furnished by the CATION REQUIREMENT.—The alien establishes ‘‘(4) RELATIONSHIPS OF APPLICATION TO CER- applicant pursuant to an application filed that the alien has been employed in the TAIN ORDERS.—An alien who is present in the under this section for any purpose other than United States, either full time, part time, United States and has been ordered excluded, to make a determination on the application; seasonally, or self-employed, or has met the deported, removed, or ordered to depart vol- ‘‘(B) make any publication through which education requirements of section 218D(d)(5) untarily from the United States under any the information furnished by any particular during the period required by section provision of this Act may, notwithstanding applicant can be identified; or 218D(b)(1)(B). such order, apply for a grant of status in ac- ‘‘(C) permit anyone other than the sworn ‘‘(2) APPLICATION AND FEE.—The alien who cordance with this section. Such an alien officers and employees of such agency or bu- applies for adjustment of status under this shall not be required to file a separate mo- reau to examine individual applications. tion to reopen, reconsider, or vacate the ex- section pays the following fees: ‘‘(2) REQUIRED DISCLOSURES.—The Sec- ‘‘(A) APPLICATION FEE.—An alien who files clusion, deportation, removal, or voluntary retary of Homeland Security shall provide an application under this section shall pay departure order. If the Secretary of Home- the information furnished pursuant to an ap- an application fee, set by the Secretary. land Security grants the application, the plication filed under this section, and any ‘‘(B) ADDITIONAL FEE.—Before the adjudica- Secretary shall cancel such order. If the Sec- other information derived from such fur- tion of an application for adjustment of sta- retary of Homeland Security renders a final nished information, to a duly recognized law tus filed under this section, an alien who is administrative decision to deny the applica- enforcement entity in connection with a at least 21 years of age shall pay a fee of tion, such order shall be effective and en- criminal investigation or prosecution or a $1,000. forceable to the same extent as if the appli- national security investigation or prosecu- ‘‘(3) ADMISSIBLE UNDER IMMIGRATION cation had not been made. tion, in each instance about an individual ‘‘(h) ADMINISTRATIVE AND JUDICIAL RE- LAWS.—The alien establishes that the alien is suspect or group of suspects, when such in- VIEW.— not inadmissible under section 212(a), except formation is requested in writing by such en- ‘‘(1) ADMINISTRATIVE REVIEW.— for any provision of that section that is not tity. ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE AP- applicable or waived under section 218D(d)(2). ‘‘(3) CRIMINAL PENALTY.—Any person who PELLATE REVIEW.—The Secretary of Home- ‘‘(4) MEDICAL EXAMINATION.—The alien un- knowingly uses, publishes, or permits infor- land Security shall establish an appellate dergoes, at the alien’s expense, an appro- mation to be examined in violation of this authority within the United States Citizen- priate medical examination (including a de- subsection shall be fined not more than ship and Immigration Services to provide for termination of immunization status) that $10,000. a single level of administrative appellate re- conforms to generally accepted professional view of a determination respecting an appli- ‘‘(j) PENALTIES FOR FALSE STATEMENTS IN standards of medical practice. cation for a grant of status under this sec- APPLICATIONS.— ‘‘(5) PAYMENT OF INCOME TAXES.— tion. ‘‘(1) CRIMINAL PENALTY.— ‘‘(A) IN GENERAL.—Not later than the date ‘‘(B) STANDARD FOR REVIEW.—Administra- ‘‘(A) VIOLATION.—It shall be unlawful for on which status is adjusted under this sec- tive appellate review referred to in subpara- any person— tion, the alien establishes the payment of all graph (A) shall be based solely upon the ad- ‘‘(i) to file or assist in filing an application Federal income taxes owed for employment ministrative record established at the time for a grant of status under this section and during the period of employment required by of the determination on the application and knowingly and willfully falsify, misrepre- section 218D(b)(1)(B) by establishing that— upon the presentation of additional or newly sent, conceal, or cover up a material fact or ‘‘(i) no such tax liability exists; discovered evidence during the time of the make any false, fictitious, or fraudulent ‘‘(ii) all outstanding liabilities have been pending appeal. statements or representations, or make or met; or ‘‘(2) JUDICIAL REVIEW.— use any false writing or document knowing ‘‘(iii) the alien has entered into an agree- ‘‘(A) IN GENERAL.—There shall be judicial the same to contain any false, fictitious, or ment for payment of all outstanding liabil- review in the Federal courts of appeal of the fraudulent statement or entry; or ities with the Internal Revenue Service.

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‘‘(B) IRS COOPERATION.—The Commissioner SEC. 603. ALIENS NOT SUBJECT TO DIRECT NU- derly and timely commencement of the proc- of Internal Revenue shall provide docu- MERICAL LIMITATIONS. essing of applications filed under sections mentation to an alien upon request to estab- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is 218D and 245B of the Immigration and Na- lish the payment of all income taxes re- amended— tionality Act, as added by this Act. quired by this paragraph. (1) in subparagraph (A), by striking ‘‘sub- Subtitle B—Agricultural Job Opportunities, ‘‘(6) BASIC CITIZENSHIP SKILLS.— paragraph (A) or (B) of’’; and Benefits, and Security ‘‘(A) IN GENERAL.—Except as provided in (2) by adding at the end the following: subparagraph (B), the alien establishes that ‘‘(F) Aliens whose status is adjusted from SEC. 611. SHORT TITLE. the alien— the status described in section 218D.’’. This subtitle may be cited as the ‘‘Agricul- tural Job Opportunities, Benefits, and Secu- ‘‘(i) meets the requirements of section 312; SEC. 604. EMPLOYER PROTECTIONS. or rity Act of 2006’’ or the ‘‘AgJOBS Act of (a) IMMIGRATION STATUS OF ALIEN.—Em- 2006’’. ‘‘(ii) is satisfactorily pursuing a course of ployers of aliens applying for adjustment of SEC. 612. DEFINITIONS. study to achieve such an understanding of status under section 245B of the Immigration English and knowledge and understanding of and Nationality Act, as added by this title, In this subtitle: the history and government of the United or a grant of status under section 218D of (1) AGRICULTURAL EMPLOYMENT.—The term States. such Act, as added by this title, shall not be ‘‘agricultural employment’’ means any serv- ‘‘(B) RELATION TO NATURALIZATION EXAM- subject to civil and criminal tax liability re- ice or activity that is considered to be agri- INATION.—An alien who demonstrates that lating directly to the employment of such cultural under section 3(f) of the Fair Labor the alien meets the requirements of section alien prior to such alien receiving employ- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- 312 may be considered to have satisfied the ment authorization under this title. ricultural labor under section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. requirements of that section for purposes of (b) PROVISION OF EMPLOYMENT RECORDS.— becoming naturalized as a citizen of the Employers that provide unauthorized aliens 3121(g)). For purposes of this paragraph, agri- United States under title III. with copies of employment records or other cultural employment includes employment ‘‘(7) SECURITY AND LAW ENFORCEMENT BACK- evidence of employment pursuant to an ap- under section 101(a)(15)(H)(ii)(a) of the Immi- GROUND CHECKS.—The Secretary shall con- plication for adjustment of status under sec- gration and Nationality Act (8 U.S.C. duct a security and law enforcement back- tion 245B of the Immigration and Nation- 1101(a)(15)(H)(ii)(a)). ground check in accordance with procedures ality Act or a grant of status under 218D of (2) BLUE CARD STATUS.—The term ‘‘blue described in section 218D(e) with respect to such Act or any other application or petition card status’’ means the status of an alien each alien requesting adjusting of status pursuant to any other immigration law, who has been lawfully admitted into the under this section. shall not be subject to civil and criminal li- United States for temporary residence under ‘‘(8) MILITARY SELECTIVE SERVICE.—The ability under section 274A of such Act for section 613(a). alien shall establish that if the alien is with- employing such unauthorized aliens. (3) EMPLOYER.—The term ‘‘employer’’ means any person or entity, including any in the age period required under the Military (c) APPLICABILITY OF OTHER LAW.—Nothing Selective Service Act (50 U.S.C. App. 451 et in this section may be used to shield an em- farm labor contractor and any agricultural seq.), that such alien has registered under ployer from liability under section 274B of association, that employs workers in agri- that Act. the Immigration and Nationality Act (8 cultural employment. ‘‘(b) TREATMENT OF SPOUSES AND CHIL- U.S.C. 1324b) or any other labor or employ- (4) JOB OPPORTUNITY.—The term ‘‘job op- DREN.— ment law. portunity’’ means a job opening for tem- ‘‘(1) ADJUSTMENT OF STATUS.—Notwith- porary full-time employment at a place in standing any other provision of law, the Sec- SEC. 605. LIMITATION ON ADJUSTMENT OF STA- the United States to which United States TUS FOR ALIENS GRANTED CONDI- retary of Homeland Security shall— TIONAL NONIMMIGRANT WORK AU- workers can be referred. ‘‘(A) adjust the status to that of a lawful THORIZATION. (5) TEMPORARY.—A worker is employed on permanent resident under this section, or (a) REQUIREMENT TO PROCESS PENDING AP- a ‘‘temporary’’ basis where the employment provide an immigrant visa to the spouse or PLICATIONS FOR PERMANENT RESIDENCE.—The is intended not to exceed 10 months. child of an alien who adjusts status to that Secretary may not adjust the status of an (6) UNITED STATES WORKER.—The term of a permanent resident under this section; alien granted conditional nonimmigrant ‘‘United States worker’’ means any worker, or work authorization under section 218D of the whether a United States citizen or national, ‘‘(B) adjust the status to that of a lawful Immigration and Nationality Act, as added a lawfully admitted permanent resident permanent resident under this section for an by this title, to that of lawful permanent alien, or any other alien, who is authorized alien who was the spouse or child of an alien resident under section 245B of such Act, as to work in the job opportunity within the who adjusts status or is eligible to adjust added by this title, until the Secretary de- United States, except an alien admitted or status to that of a permanent resident under termines that the priority dates have be- otherwise provided status under section section 245B in accordance with subsection come current for the class of aliens whose 101(a)(15)(H)(ii)(a) of the Immigration and (a), if— family-based or employment-based petitions Nationality Act (8 U.S.C. ‘‘(i) the termination of the qualifying rela- for permanent residence were pending on the 1101(a)(15)(H)(ii)(a)). tionship was connected to domestic violence; date of the enactment of this Act. (7) WORK DAY.—The term ‘‘work day’’ and (b) REQUIREMENT TO ELIMINATE VISA BACK- means any day in which the individual is em- ‘‘(ii) the spouse or child has been battered LOG.—If the backlog of applications for fam- ployed 1 or more hours in agriculture con- or subjected to extreme cruelty by the ily-based and employment-based immigrant sistent with the definition of ‘‘man-day’’ spouse or parent who adjusts status to that visas is not eliminated within 6 years fol- under section 3(u) of the Fair Labor Stand- of a permanent resident under this section. lowing the date of the enactment of this Act, ards Act of 1938 (29 U.S.C. 203(u)). ‘‘(2) APPLICATION OF OTHER LAW.—In acting as predicted under the formulas set out in CHAPTER 1—PILOT PROGRAM FOR on applications filed under this subsection title V and the amendments made by such EARNED STATUS ADJUSTMENT OF AGRI- with respect to aliens who have been bat- title, the Secretary shall hold in abeyance an CULTURAL WORKERS tered or subjected to extreme cruelty, the application submitted by an alien granted Secretary of Homeland Security shall apply SEC. 613. AGRICULTURAL WORKERS. conditional nonimmigrant work authoriza- (a) BLUE CARD PROGRAM.— the provisions of section 204(a)(1)(J) and the tion under section 218D of the Immigration protections, prohibitions, and penalties (1) IN GENERAL.—Notwithstanding any and Nationality Act, for adjustment of sta- other provision of law, the Secretary shall under section 384 of the Illegal Immigration tus to that of a lawful permanent resident Reform and Immigrant Responsibility Act of confer blue card status upon an alien who under section 245B of such Act, until the pri- qualifies under this subsection if the Sec- 1996 (8 U.S.C. 1367). ority dates for the petitions and applications ‘‘(c) RULEMAKING.—The Secretary shall es- retary determines that the alien— for family-based and employment-based tablish regulations for the timely filing and (A) has performed agricultural employ- visas pending on the date of the enactment processing of applications for adjustment of ment in the United States for at least 863 of this Act become current. status for conditional nonimmigrants under hours or 150 work days, whichever is less, section 218D. SEC. 606. AUTHORIZATION OF APPROPRIATIONS. during the 24-month period ending on De- ‘‘(d) JUDICIAL REVIEW; CONFIDENTIALITY; (a) IN GENERAL.—There are authorized to cember 31, 2005; PENALTIES.—Subsections (h), (i), and (j) of be appropriated to the Secretary such sums (B) applied for such status during the 18- section 218D shall apply to this section.’’. as may be necessary to carry out this sub- month application period beginning on the (b) CLERICAL AMENDMENT.—The table of title and the amendments made by this sub- first day of the seventh month that begins contents for the Immigration and Nation- title. after the date of enactment of this Act; and ality Act (8 U.S.C. 1101 et seq.) is amended by (b) AVAILABILITY OF FUNDS.—Funds appro- (C) is otherwise admissible to the United inserting after the item relating to section priated pursuant subsection (a) shall remain States under section 212 of the Immigration 245A the following: available until expended. and Nationality Act (8 U.S.C. 1182), except as ‘‘Sec. 245B. Adjustment of status of section (c) SENSE OF CONGRESS.—It is the sense of otherwise provided under subsection (e)(2). 218D conditional nonimmigrant Congress that funds authorized to be appro- (2) AUTHORIZED TRAVEL.—An alien in blue to that of person admitted for priated under subsection (a) should be di- card status has the right to travel abroad lawful permanent residence.’’. rectly appropriated so as to facilitate the or- (including commutation from a residence

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abroad) in the same manner as an alien law- (3) TERMS OF EMPLOYMENT RESPECTING ployee’s current or prior employer brought fully admitted for permanent residence. ALIENS ADMITTED UNDER THIS SECTION.— before an arbitrator, administrative agency, (3) AUTHORIZED EMPLOYMENT.—An alien in (A) PROHIBITION.—No alien granted blue court, or judge of any State or the United blue card status shall be provided an ‘‘em- card status may be terminated from employ- States, regardless of whether the prior ac- ployment authorized’’ endorsement or other ment by any employer during the period of tion was between the same or related parties appropriate work permit, in the same man- blue card status except for just cause. or involved the same facts, except that the ner as an alien lawfully admitted for perma- (B) TREATMENT OF COMPLAINTS.— arbitrator’s specific finding of the number of nent residence. (i) ESTABLISHMENT OF PROCESS.—The Sec- days or hours of work lost by the employee (4) TERMINATION OF BLUE CARD STATUS.— retary shall establish a process for the re- as a result of the employment termination (A) IN GENERAL.—The Secretary may ter- ceipt, initial review, and disposition of com- may be referred to the Secretary pursuant to minate blue card status granted under this plaints by aliens granted blue card status clause (iv). subsection only upon a determination under who allege that they have been terminated (C) CIVIL PENALTIES.— this subtitle that the alien is deportable. without just cause. No proceeding shall be (i) IN GENERAL.—If the Secretary finds, (B) GROUNDS FOR TERMINATION OF BLUE conducted under this subparagraph with re- after notice and opportunity for a hearing, CARD STATUS.—Before any alien becomes eli- spect to a termination unless the Secretary that an employer of an alien granted blue gible for adjustment of status under sub- determines that the complaint was filed not card status has failed to provide the record section (c), the Secretary may deny adjust- later than 6 months after the date of the ter- of employment required under subsection ment to permanent resident status and pro- mination. (a)(5) or has provided a false statement of vide for termination of the blue card status (ii) INITIATION OF ARBITRATION.—If the Sec- material fact in such a record, the employer granted such alien under paragraph (1) if— retary finds that a complaint has been filed shall be subject to a civil money penalty in (i) the Secretary finds, by a preponderance in accordance with clause (i) and there is an amount not to exceed $1,000 per violation. of the evidence, that the adjustment to blue reasonable cause to believe that the com- (ii) LIMITATION.—The penalty applicable card status was the result of fraud or willful plainant was terminated without just cause, under clause (i) for failure to provide records misrepresentation (as described in section the Secretary shall initiate binding arbitra- shall not apply unless the alien has provided 212(a)(6)(C)(i) of the Immigration and Nation- tion proceedings by requesting the Federal the employer with evidence of employment ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or Mediation and Conciliation Service to ap- authorization granted under this section. (ii) the alien— point a mutually agreeable arbitrator from (I) commits an act that makes the alien in- the roster of arbitrators maintained by such (c) ADJUSTMENT TO PERMANENT RESI- admissible to the United States as an immi- Service for the geographical area in which DENCE.— grant, except as provided under subsection the employer is located. The procedures and (1) AGRICULTURAL WORKERS.— (e)(2); rules of such Service shall be applicable to (A) IN GENERAL.—Except as provided in (II) is convicted of a felony or 3 or more the selection of such arbitrator and to such subparagraph (B), the Secretary shall adjust misdemeanors committed in the United arbitration proceedings. The Secretary shall the status of an alien granted blue card sta- States; or pay the fee and expenses of the arbitrator, tus to that of an alien lawfully admitted for (III) is convicted of an offense, an element subject to the availability of appropriations permanent residence if the Secretary deter- of which involves bodily injury, threat of se- for such purpose. mines that the following requirements are rious bodily injury, or harm to property in (iii) ARBITRATION PROCEEDINGS.—The arbi- satisfied: excess of $500. trator shall conduct the proceeding in ac- (i) QUALIFYING EMPLOYMENT.—The alien (5) RECORD OF EMPLOYMENT.— cordance with the policies and procedures has performed at least— (A) IN GENERAL.—Each employer of a work- promulgated by the American Arbitration (I) 5 years of agricultural employment in er granted status under this subsection shall Association applicable to private arbitration the United States, for at least 100 work days annually— of employment disputes. The arbitrator shall or 575 hours, but in no case less than 575 (i) provide a written record of employment make findings respecting whether the termi- hours per year, during the 5-year period be- to the alien; and nation was for just cause. The arbitrator ginning on the date of the enactment of this (ii) provide a copy of such record to the may not find that the termination was for Act; or Secretary. just cause unless the employer so dem- (II) 3 years of agricultural employment in (B) SUNSET.—The obligation under sub- onstrates by a preponderance of the evi- the United States, for at least 150 work days paragraph (A) shall terminate on the date dence. If the arbitrator finds that the termi- or 863 hours, but in no case less than 863 that is 6 years after the date of the enact- nation was not for just cause, the arbitrator hours per year, during the 5-year period bement of this Act. shall make a specific finding of the number ginning on the date of the enactment of this (6) REQUIRED FEATURES OF BLUE CARD.—The of days or hours of work lost by the em- Act. Secretary shall provide each alien granted ployee as a result of the termination. The ar- (ii) PROOF.—An alien may demonstrate blue card status and the spouse and children bitrator shall have no authority to order any compliance with the requirement under of each such alien residing in the United other remedy, including, but not limited to, clause (i) by submitting— States with a card that contains— reinstatement, back pay, or front pay to the (I) the record of employment described in (A) an encrypted, machine-readable, elec- affected employee. Within 30 days from the subsection (a)(5); or tronic identification strip that is unique to conclusion of the arbitration proceeding, the (II) such documentation as may be sub- the alien to whom the card is issued; arbitrator shall transmit the findings in the mitted under subsection (d)(3). (B) biometric identifiers, including finger- form of a written opinion to the parties to (iii) EXTRAORDINARY CIRCUMSTANCES.—In prints and a digital photograph; and the arbitration and the Secretary. Such find- determining whether an alien has met the (C) physical security features designed to ings shall be final and conclusive, and no of- requirement under clause (i)(I), the Sec- prevent tampering, counterfeiting, or dupli- ficial or court of the United States shall retary may credit the alien with not more cation of the card for fraudulent purposes. have the power or jurisdiction to review any than 12 additional months to meet the re- (7) FINE.—An alien granted blue card sta- such findings. quirement under clause (i) if the alien was tus shall pay a fine to the Secretary in an (iv) EFFECT OF ARBITRATION FINDINGS.—If unable to work in agricultural employment amount equal to $100. the Secretary receives a finding of an arbi- due to— (8) MAXIMUM NUMBER.—The Secretary may trator that an employer has terminated an (I) pregnancy, injury, or disease, if the issue not more than 1,500,000 blue cards dur- alien granted blue card status without just alien can establish such pregnancy, disabling ing the 5-year period beginning on the date cause, the Secretary shall credit the alien injury, or disease through medical records; of the enactment of this Act. for the number of days or hours of work lost (II) illness, disease, or other special needs (b) RIGHTS OF ALIENS GRANTED BLUE CARD for purposes of the requirement of subsection of a minor child, if the alien can establish STATUS.— (c)(1). such illness, disease, or special needs (1) IN GENERAL.—Except as otherwise pro- (v) TREATMENT OF ATTORNEY’S FEES.—The through medical records; or vided under this subsection, an alien in blue parties shall bear the cost of their own attor- (III) severe weather conditions that pre- card status shall be considered to be an alien ney’s fees involved in the litigation of the vented the alien from engaging in agricul- lawfully admitted for permanent residence complaint. tural employment for a significant period of for purposes of any law other than any provi- (vi) NONEXCLUSIVE REMEDY.—The com- time. sion of the Immigration and Nationality Act plaint process provided for in this subpara- (iv) APPLICATION PERIOD.—The alien applies (8 U.S.C. 1101 et seq.). graph is in addition to any other rights an for adjustment of status not later than 7 (2) DELAYED ELIGIBILITY FOR CERTAIN FED- employee may have in accordance with ap- years after the date of the enactment of this ERAL PUBLIC BENEFITS.—An alien in blue card plicable law. Act. status shall not be eligible, by reason of such (vii) EFFECT ON OTHER ACTIONS OR PRO- (v) FINE.—The alien pays a fine to the Sec- status, for any form of assistance or benefit CEEDINGS.—Any finding of fact or law, judg- retary in an amount equal to $400. described in section 403(a) of the Personal ment, conclusion, or final order made by an (B) GROUNDS FOR DENIAL OF ADJUSTMENT OF Responsibility and Work Opportunity Rec- arbitrator in the proceeding before the Sec- STATUS.—The Secretary may deny an alien onciliation Act of 1996 (8 U.S.C. 1613(a)) until retary shall not be conclusive or binding in adjustment to permanent resident status, 5 years after the date on which the Secretary any separate or subsequent action or pro- and provide for termination of the blue card confers blue card status upon that alien. ceeding between the employee and the em- status granted such alien, if—

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2651 (i) the Secretary finds by a preponderance 1182), except as provided under subsection shall not forward to the Secretary applica- of the evidence that the adjustment to blue (e)(2); tions filed with it unless the applicant has card status was the result of fraud or willful (ii) is convicted of a felony or 3 or more consented to such forwarding. No such entity misrepresentation, as described in section misdemeanors committed in the United may make a determination required by this 212(a)(6)(C)(i) of the Immigration and Nation- States; or section to be made by the Secretary. Upon ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or (iii) is convicted of a single misdemeanor the request of the alien, a qualified des- (ii) the alien— for which the actual sentence served is 6 ignated entity shall assist the alien in ob- (I) commits an act that makes the alien in- months or longer. taining documentation of the work history admissible to the United States under sec- (d) APPLICATIONS.— of the alien. (1) TO WHOM MAY BE MADE.—The Secretary tion 212 of the Immigration and Nationality (5) LIMITATION ON ACCESS TO INFORMATION.— shall provide that— Act (8 U.S.C. 1182), except as provided under Files and records prepared for purposes of (A) applications for blue card status may subsection (e)(2); this subsection by qualified designated enti- (II) is convicted of a felony or 3 or more be filed— ties operating under this subsection are con- misdemeanors committed in the United (i) with the Secretary, but only if the ap- fidential and the Secretary shall not have States; or plicant is represented by an attorney or a access to such files or records relating to an (III) is convicted of a single misdemeanor non-profit religious, charitable, social serv- for which the actual sentence served is 6 ice, or similar organization recognized by alien without the consent of the alien, ex- months or longer. the Board of Immigration Appeals under sec- cept as allowed by a court order issued pursuant to paragraph (6). (C) GROUNDS FOR REMOVAL.—Any alien tion 292.2 of title 8, Code of Federal Regula- granted blue card status who does not apply tions; or (6) CONFIDENTIALITY OF INFORMATION.— for adjustment of status under this sub- (ii) with a qualified designated entity (des- (A) IN GENERAL.—Except as otherwise pro- section before the expiration of the applica- ignated under paragraph (2)), but only if the vided in this subsection, neither the Sec- tion period described in subparagraph applicant consents to the forwarding of the retary, nor any other official or employee of (A)(iv), or who fails to meet the other reapplication to the Secretary; and the Department, or a bureau or agency of the quirements of subparagraph (A) by the end of (B) applications for adjustment of status Department, may— the applicable period, is deportable and may under subsection (c) shall be filed directly (i) use the information furnished by the ap- be removed under section 240 of the Immigra- with the Secretary. plicant pursuant to an application filed tion and Nationality Act (8 U.S.C. 1229a). (2) DESIGNATION OF ENTITIES TO RECEIVE AP- under this section, the information provided (D) PAYMENT OF INCOME TAXES.— PLICATIONS.— to the applicant by a person designated (i) IN GENERAL.—Not later than the date on (A) IN GENERAL.—For purposes of receiving under paragraph (2)(A), or any information which an alien’s status is adjusted under this applications under subsection (a), the Sec- provided by an employer or former employer, subsection, the alien shall establish the pay- retary— for any purpose other than to make a deter- ment of all Federal income taxes owed for (i) shall designate qualified farm labor or- mination on the application, or for enforce- employment during the period of employ- ganizations and associations of employers; ment of paragraph (7); ment required under paragraph (1)(A) by es- and (ii) make any publication whereby the in- tablishing that— (ii) may designate such other persons as formation furnished by any particular indi- (I) no such tax liability exists; the Secretary determines are qualified and vidual can be identified; or (II) all outstanding liabilities have been have substantial experience, demonstrate (iii) permit anyone other than the sworn met; or competence, and have traditional long-term officers and employees of the Department, or (III) the alien has entered into an agree- involvement in the preparation and submis- a bureau or agency of the Department, or, ment for payment of all outstanding liabil- sion of applications for adjustment of status with respect to applications filed with a ities with the Internal Revenue Service. under section 209, 210, or 245 of the Immigra- qualified designated entity, that qualified (ii) IRS COOPERATION.—The Commissioner tion and Nationality Act, Public Law 89–732, designated entity, to examine individual ap- of Internal Revenue shall provide docu- Public Law 95–145, or the Immigration Re- plications. mentation to an alien upon request to estab- form and Control Act of 1986. (B) REQUIRED DISCLOSURES.—The Secretary lish the payment of all income taxes re- (B) REFERENCES.—Organizations, associa- shall provide the information furnished quired under this paragraph. tions, and persons designated under subpara- under this section, or any other information (2) SPOUSES AND MINOR CHILDREN.— graph (A) are referred to in this subtitle as derived from such furnished information, ‘‘qualified designated entities’’. (A) IN GENERAL.—Notwithstanding any to— (3) PROOF OF ELIGIBILITY.— other provision of law, the Secretary shall (i) a duly recognized law enforcement enti- (A) IN GENERAL.—An alien may establish confer the status of lawful permanent resi- ty in connection with a criminal investiga- dent on the spouse and minor child of an that the alien meets the requirement of sub- tion or prosecution, if such information is alien granted status under paragraph (1), in- section (a)(1)(A) or (c)(1)(A) through govern- requested in writing by such entity; or cluding any individual who was a minor ment employment records or records sup- (ii) an official coroner, for purposes of af- child on the date such alien was granted blue plied by employers or collective bargaining firmatively identifying a deceased indi- card status, if the spouse or minor child ap- organizations, and other reliable documenta- vidual, whether or not the death of such in- plies for such status, or if the principal alien tion as the alien may provide. The Secretary includes the spouse or minor child in an ap- shall establish special procedures to properly dividual resulted from a crime. plication for adjustment of status to that of credit work in cases in which an alien was (C) CONSTRUCTION.— a lawful permanent resident. employed under an assumed name. (i) IN GENERAL.—Nothing in this paragraph (B) TREATMENT OF SPOUSES AND MINOR CHIL- (B) DOCUMENTATION OF WORK HISTORY.— shall be construed to limit the use, or re- DREN BEFORE ADJUSTMENT OF STATUS.— (i) BURDEN OF PROOF.—An alien applying lease, for immigration enforcement purposes (i) REMOVAL.—The spouse and any minor for status under subsection (a)(1) or (c)(1) has or law enforcement purposes of information child of an alien granted blue card status the burden of proving by a preponderance of contained in files or records of the Depart- may not be removed while such alien main- the evidence that the alien has worked the ment pertaining to an application filed tains such status, except as provided in sub- requisite number of hours or days (as re- under this section, other than information paragraph (C). quired under subsection (a)(1)(A) or furnished by an applicant pursuant to the (ii) TRAVEL.—The spouse and any minor (c)(1)(A)). application, or any other information de- child of an alien granted blue card status (ii) TIMELY PRODUCTION OF RECORDS.—If an rived from the application, that is not avail- may travel outside the United States in the employer or farm labor contractor employable from any other source. same manner as an alien lawfully admitted ing such an alien has kept proper and ade- (ii) CRIMINAL CONVICTIONS.—Information for permanent residence. quate records respecting such employment, concerning whether the applicant has at any (iii) EMPLOYMENT.—The spouse of an alien the alien’s burden of proof under clause (i) time been convicted of a crime may be used granted blue card status may apply to the may be met by securing timely production of or released for immigration enforcement or Secretary for a work permit to authorize those records under regulations to be pro- law enforcement purposes. such spouse to engage in any lawful employ- mulgated by the Secretary. (D) CRIME.—Any person who knowingly ment in the United States while such alien (iii) SUFFICIENT EVIDENCE.—An alien can uses, publishes, or permits information to be maintains blue card status. meet the burden of proof under clause (i) to examined in violation of this paragraph shall (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF establish that the alien has performed the be subject to a fine in an amount not to ex- STATUS AND REMOVAL.—The Secretary may work described in subsection (a)(1)(A) or ceed $10,000. deny an alien spouse or child adjustment of (c)(1)(A) by producing sufficient evidence to (7) PENALTIES FOR FALSE STATEMENTS IN AP- status under subparagraph (A) and may re- show the extent of that employment as a PLICATIONS.— move such spouse or child under section 240 matter of just and reasonable inference. (A) CRIMINAL PENALTY.—Any person who— of the Immigration and Nationality Act (8 (4) TREATMENT OF APPLICATIONS BY QUALI- (i) files an application for status under sub- U.S.C. 1229a) if the spouse or child— FIED DESIGNATED ENTITIES.—Each qualified section (a) or (c) and knowingly and willfully (i) commits an act that makes the alien designated entity shall agree to forward to falsifies, conceals, or covers up a material spouse or child inadmissible to the United the Secretary applications filed with it in fact or makes any false, fictitious, or fraudu- States under section 212 of such Act (8 U.S.C. accordance with paragraph (1)(A)(i)(II) but lent statements or representations, or makes

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or uses any false writing or document know- authority of the Secretary other than under (h) DISSEMINATION OF INFORMATION ON AD- ing the same to contain any false, fictitious, this subparagraph to waive provisions of JUSTMENT PROGRAM.—Beginning not later or fraudulent statement or entry; or such section 212(a). than the first day of the application period (ii) creates or supplies a false writing or (C) SPECIAL RULE FOR DETERMINATION OF described in subsection (a)(1)(B), the Sec- document for use in making such an applica- PUBLIC CHARGE.—An alien is not ineligible for retary, in cooperation with qualified des- tion, status under this section by reason of a ignated entities, shall broadly disseminate shall be fined in accordance with title 18, ground of inadmissibility under section information respecting the benefits that United States Code, imprisoned not more 212(a)(4) of the Immigration and Nationality aliens may receive under this section and the than 5 years, or both. Act (8 U.S.C. 1182(a)(4)) if the alien dem- requirements to be satisfied to obtain such benefits. (B) INADMISSIBILITY.—An alien who is con- onstrates a history of employment in the (i) REGULATIONS.—The Secretary shall victed of a crime under subparagraph (A) United States evidencing self-support with- issue regulations to implement this section shall be considered to be inadmissible to the out reliance on public cash assistance. (f) TEMPORARY STAY OF REMOVAL AND not later than the first day of the seventh United States on the ground described in sec- WORK AUTHORIZATION FOR CERTAIN APPLI- month that begins after the date of enact- tion 212(a)(6)(C)(i) of the Immigration and CANTS.— ment of this Act. Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). (1) BEFORE APPLICATION PERIOD.—Effective (j) EFFECTIVE DATE.—This section shall LIGIBILITY FOR LEGAL SERVICES.—Sec- (8) E on the date of enactment of this Act, the take effect on the date that regulations are tion 504(a)(11) of Public Law 104–134 (110 Stat. Secretary shall provide that, in the case of issued implementing this section on an in- 1321–53 et seq.) shall not be construed to pre- an alien who is apprehended before the be- terim or other basis. vent a recipient of funds under the Legal ginning of the application period described (k) AUTHORIZATION OF APPROPRIATIONS.— Services Corporation Act (42 U.S.C. 2996 et in subsection (a)(1)(B) and who can establish There are authorized to be appropriated to seq.) from providing legal assistance directly a nonfrivolous case of eligibility for blue the Secretary to carry out this section related to an application for adjustment of card status (but for the fact that the alien $40,000,000 for each of fiscal years 2007 status under this section. may not apply for such status until the be- through 2010. (9) APPLICATION FEES.— ginning of such period), until the alien has SEC. 614. CORRECTION OF SOCIAL SECURITY (A) FEE SCHEDULE.—The Secretary shall had the opportunity during the first 30 days RECORDS. provide for a schedule of fees that— of the application period to complete the fil- (a) IN GENERAL.—Section 208(d)(1) of the (i) shall be charged for the filing of appli- ing of an application for blue card status, the Social Security Act (42 U.S.C. 408(d)(1)) is cations for status under subsections (a) and alien— amended— (c); and (A) may not be removed; and (1) in subparagraph (B)(ii), by striking ‘‘or’’ (ii) may be charged by qualified designated (B) shall be granted authorization to en- at the end; entities to help defray the costs of services gage in employment in the United States (2) in subparagraph (C), by inserting ‘‘or’’ provided to such applicants. and be provided an ‘‘employment author- at the end; (B) PROHIBITION ON EXCESS FEES BY QUALI- ized’’ endorsement or other appropriate work (3) by inserting after subparagraph (C) the FIED DESIGNATED ENTITIES.—A qualified des- permit for such purpose. following: ignated entity may not charge any fee in ex- (2) DURING APPLICATION PERIOD.—The Sec- ‘‘(D) who is granted blue card status under cess of, or in addition to, the fees authorized retary shall provide that, in the case of an the Agricultural Job Opportunity, Benefits, under subparagraph (A)(ii) for services pro- alien who presents a nonfrivolous applica- and Security Act of 2006,’’; and vided to applicants. tion for blue card status during the applica- (4) by striking ‘‘1990.’’ and inserting ‘‘1990, (C) DISPOSITION OF FEES.— tion period described in subsection (a)(1)(B), or in the case of an alien described in sub- (i) IN GENERAL.—There is established in the including an alien who files such an applica- paragraph (D), if such conduct is alleged to general fund of the Treasury a separate action within 30 days of the alien’s apprehen- have occurred before the date on which the count, which shall be known as the ‘‘Agricul- sion, and until a final determination on the alien was granted blue card status.’’. tural Worker Immigration Status Adjust- application has been made in accordance (b) EFFECTIVE DATE.—The amendments ment Account’’. Notwithstanding any other with this section, the alien— made by subsection (a) shall take effect on provision of law, there shall be deposited as (A) may not be removed; and the first day of the seventh month that be- offsetting receipts into the account all fees (B) shall be granted authorization to en- gins after the date of the enactment of this collected under subparagraph (A)(i). gage in employment in the United States Act. (ii) USE OF FEES FOR APPLICATION PROC- and be provided an ‘‘employment author- CHAPTER 2—REFORM OF H–2A WORKER ESSING.—Amounts deposited in the ‘‘Agricul- ized’’ endorsement or other appropriate work PROGRAM tural Worker Immigration Status Adjust- permit for such purpose. SEC. 615. AMENDMENT TO THE IMMIGRATION ment Account’’ shall remain available to the (g) ADMINISTRATIVE AND JUDICIAL RE- AND NATIONALITY ACT. Secretary until expended for processing ap- VIEW.— (a) IN GENERAL.—Title II (8 U.S.C. 1151 et plications for status under subsections (a) (1) IN GENERAL.—There shall be no adminis- seq.) is amended— and (c). trative or judicial review of a determination (1) by striking section 218 and inserting the (e) WAIVER OF NUMERICAL LIMITATIONS AND respecting an application for status under following: CERTAIN GROUNDS FOR INADMISSIBILITY.— subsection (a) or (c) except in accordance ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. (1) NUMERICAL LIMITATIONS DO NOT APPLY.— with this subsection. ‘‘(a) APPLICATIONS TO THE SECRETARY OF The numerical limitations of sections 201 (2) ADMINISTRATIVE REVIEW.— LABOR.— and 202 of the Immigration and Nationality (A) SINGLE LEVEL OF ADMINISTRATIVE AP- ‘‘(1) IN GENERAL.—No alien may be admit- Act (8 U.S.C. 1151 and 1152) shall not apply to PELLATE REVIEW.—The Secretary shall estab- ted to the United States as an H–2A worker, the adjustment of aliens to lawful permanent lish an appellate authority to provide for a or otherwise provided status as an H–2A resident status under this section. single level of administrative appellate re- worker, unless the employer has filed with (2) WAIVER OF CERTAIN GROUNDS OF INADMIS- view of such a determination. the Secretary of Labor an application con- SIBILITY.—In the determination of an alien’s (B) STANDARD FOR REVIEW.—Such adminis- taining— eligibility for status under subsection trative appellate review shall be based solely ‘‘(A) the assurances described in subsection (a)(1)(C) or an alien’s eligibility for adjust- upon the administrative record established (b); ment of status under subsection at the time of the determination on the ap- ‘‘(B) a description of the nature and loca- (c)(1)(B)(ii)(I), the following rules shall plication and upon such additional or newly tion of the work to be performed; apply: discovered evidence as may not have been ‘‘(C) the anticipated period (expected be- (A) GROUNDS OF EXCLUSION NOT APPLICA- available at the time of the determination. ginning and ending dates) for which the BLE.—The provisions of paragraphs (5), (3) JUDICIAL REVIEW.— workers will be needed; and (6)(A), (7), and (9) of section 212(a) of the Im- (A) LIMITATION TO REVIEW OF REMOVAL.— ‘‘(D) the number of job opportunities in migration and Nationality Act (8 U.S.C. There shall be judicial review of such a de- which the employer seeks to employ the 1182(a)) shall not apply. termination only in the judicial review of an workers. (B) WAIVER OF OTHER GROUNDS.— order of removal under section 242 of the Im- ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- (i) IN GENERAL.—Except as provided in migration and Nationality Act (8 U.S.C. plication filed under paragraph (1) shall be clause (ii), the Secretary may waive any 1252). accompanied by a copy of the job offer de- other provision of such section 212(a) in the (B) STANDARD FOR JUDICIAL REVIEW.—Such scribing the wages and other terms and con- case of individual aliens for humanitarian judicial review shall be based solely upon the ditions of employment and the bona fide oc- purposes, to ensure family unity, or if other- administrative record established at the cupational qualifications that shall be pos- wise in the public interest. time of the review by the appellate authority sessed by a worker to be employed in the job (ii) GROUNDS THAT MAY NOT BE WAIVED.— and the findings of fact and determinations opportunity in question. Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of contained in such record shall be conclusive ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- such section 212(a) may not be waived by the unless the applicant can establish abuse of CATIONS.—The assurances referred to in sub- Secretary under clause (i). discretion or that the findings are directly section (a)(1) are the following: (iii) CONSTRUCTION.—Nothing in this sub- contrary to clear and convincing facts con- ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- paragraph shall be construed as affecting the tained in the record considered as a whole. TIVE BARGAINING AGREEMENTS.—With respect

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United States worker as described in such hired has elapsed, subject to the following ‘‘(C) NOTIFICATION OF BARGAINING REP- subparagraph. requirements: RESENTATIVES.—The employer, at the time of ‘‘(G) PROVISION OF INSURANCE.—If the job ‘‘(I) PROHIBITION.—No person or entity filing the application, has provided notice of opportunity is not covered by the State shall willfully and knowingly withhold the filing under this paragraph to the bar- workers’ compensation law, the employer United States workers before the arrival of gaining representative of the employer’s em- will provide, at no cost to the worker, insur- H–2A workers in order to force the hiring of ployees in the occupational classification at ance covering injury and disease arising out United States workers under this clause. the place or places of employment for which of and in the course of the worker’s employ- ‘‘(II) COMPLAINTS.—Upon receipt of a com- aliens are sought. ment which will provide benefits at least plaint by an employer that a violation of ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- equal to those provided under the State’s subclause (I) has occurred, the Secretary of TUNITIES.—The job opportunity is temporary workers’ compensation law for comparable Labor shall immediately investigate. The or seasonal. employment. Secretary of Labor shall, within 36 hours of ‘‘(E) OFFERS TO UNITED STATES WORKERS.— ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- the receipt of the complaint, issue findings The employer has offered or will offer the job ERS.— concerning the alleged violation. If the Sec- to any eligible United States worker who ap- ‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- plies and is equally or better qualified for taken or will take the following steps to re- curred, the Secretary of Labor shall imme- the job for which the nonimmigrant is, or cruit United States workers for the job op- diately suspend the application of this clause the nonimmigrants are, sought and who will portunities for which the H–2A non- with respect to that certification for that be available at the time and place of need. immigrant is, or H–2A nonimmigrants are, date of need. ‘‘(F) PROVISION OF INSURANCE.—If the job sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- opportunity is not covered by the State ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- workers’ compensation law, the employer employer shall make reasonable efforts er to an employer during the period de- will provide, at no cost to the worker, insur- through the sending of a letter by United scribed in the matter preceding subclause (I), ance covering injury and disease arising out States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- of, and in the course of, the worker’s employ- contact any United States worker the em- sonable efforts to place the United States ment which will provide benefits at least ployer employed during the previous season worker in an open job acceptable to the equal to those provided under the State’s in the occupation at the place of intended worker, if there are other job offers pending workers’ compensation law for comparable employment for which the employer is ap- with the job service that offer similar job op- employment. plying for workers and has made the avail- portunities in the area of intended employ- ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY ability of the employer’s job opportunities in ment. COLLECTIVE BARGAINING AGREEMENTS.—With the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing respect to a job opportunity that is not cov- ployment known to such previous workers, in this subparagraph shall be construed to ered under a collective bargaining agree- unless the worker was terminated from em- prohibit an employer from using such legiti- ment: ployment by the employer for a lawful job- mate selection criteria relevant to the type ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before opportunity for which the employer is re- the worker completed the period of employ- of job that are normal or customary to the questing an H–2A worker is not vacant bement of the job opportunity for which the type of job involved so long as such criteria cause the former occupant is on strike or worker was hired. are not applied in a discriminatory manner. being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- pute. OFFICE OF THE STATE EMPLOYMENT SECURITY HALF OF EMPLOYER MEMBERS.— ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the ‘‘(1) IN GENERAL.—An agricultural associa- NITIES.—The job opportunity is temporary or date on which the employer desires to em- tion may file an application under sub- seasonal. ploy an H–2A worker in a temporary or sea- section (a) on behalf of 1 or more of its em- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the employer members that the association cer- TIONS.—The employer will provide, at a min- ployer shall submit a copy of the job offer tifies in its application has or have agreed in imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- writing to comply with the requirements of ditions required by section 218E to all work- fice of the State employment security agen- this section and sections 218E through 218G. ers employed in the job opportunities for cy which serves the area of intended employ- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS which the employer has applied under sub- ment and authorize the posting of the job op- EMPLOYERS.—If an association filing an ap- section (a) and to all other workers in the portunity on ‘America’s Job Bank’ or other plication under paragraph (1) is a joint or same occupation at the place of employ- electronic job registry, except that nothing sole employer of the temporary or seasonal ment. in this subclause shall require the employer agricultural workers requested on the appli- ‘‘(D) NONDISPLACEMENT OF UNITED STATES to file an interstate job order under section cation, the certifications granted under sub- WORKERS.—The employer did not displace 653 of title 20, Code of Federal Regulations. section (e)(2)(B) to the association may be and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— used for the certified job opportunities of employed by the employer during the period Not later than 14 days before the date on any of its producer members named on the of employment and for a period of 30 days which the employer desires to employ an H– application, and such workers may be trans- preceding the period of employment in the 2A worker in a temporary or seasonal agri- ferred among such producer members to per- occupation at the place of employment for cultural job opportunity, the employer shall form the agricultural services of a tem- which the employer seeks approval to em- advertise the availability of the job opportu- porary or seasonal nature for which the cer- ploy H–2A workers. nities for which the employer is seeking tifications were granted. ‘‘(E) REQUIREMENTS FOR PLACEMENT OF NON- workers in a publication in the local labor ‘‘(d) WITHDRAWAL OF APPLICATIONS.— IMMIGRANT WITH OTHER EMPLOYERS.—The em- market that is likely to be patronized by po- ‘‘(1) IN GENERAL.—An employer may with- ployer will not place the nonimmigrant with tential farm workers. draw an application filed pursuant to sub- another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- section (a), except that if the employer is an ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide agricultural association, the association whole or in part at 1 or more work sites a procedure for acceptance and approval of may withdraw an application filed pursuant owned, operated, or controlled by such other applications in which the employer has not to subsection (a) with respect to 1 or more of employer; complied with the provisions of this subpara- its members. To withdraw an application, ‘‘(ii) there are indicia of an employment graph because the employer’s need for H–2A the employer or association shall notify the relationship between the nonimmigrant and workers could not reasonably have been fore- Secretary of Labor in writing, and the Sec- such other employer; and seen. retary of Labor shall acknowledge in writing ‘‘(iii) the employer has inquired of the ‘‘(ii) JOB OFFERS.—The employer has of- the receipt of such withdrawal notice. An other employer as to whether, and has no ac- fered or will offer the job to any eligible employer who withdraws an application tual knowledge or notice that, during the pe- United States worker who applies and is under subsection (a), or on whose behalf an riod of employment and for a period of 30 equally or better qualified for the job for application is withdrawn, is relieved of the days preceding the period of employment, which the nonimmigrant is, or non- obligations undertaken in the application.

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‘‘(2) LIMITATION.—An application may not meets applicable Federal standards for tem- market rental for existing housing for non- be withdrawn while any alien provided sta- porary labor camps or secure housing that metropolitan counties for the State, as es- tus under section 101(a)(15)(H)(ii)(a) pursuant meets applicable local standards for rental tablished by the Secretary of Housing and to such application is employed by the em- or public accommodation housing or other Urban Development pursuant to section 8(c) ployer. substantially similar class of habitation, or of the United States Housing Act of 1937 (42 ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— in the absence of applicable local standards, U.S.C. 1437f(c)), based on a 2 bedroom dwell- Any obligation incurred by an employer State standards for rental or public accom- ing unit and an assumption of 2 persons per under any other law or regulation as a result modation housing or other substantially bedroom. of the recruitment of United States workers similar class of habitation. In the absence of ‘‘(II) METROPOLITAN COUNTIES.—If the place or H–2A workers under an offer of terms and applicable local or State standards, Federal of employment of the workers provided an conditions of employment required as a re- temporary labor camp standards shall apply. allowance under this paragraph is in a met- sult of making an application under sub- ‘‘(C) FAMILY HOUSING.—When it is the pre- ropolitan county, the amount of the housing section (a) is unaffected by withdrawal of vailing practice in the occupation and area allowance under this subparagraph shall be such application. of intended employment to provide family equal to the statewide average fair market ‘‘(e) REVIEW AND APPROVAL OF APPLICA- housing, family housing shall be provided to rental for existing housing for metropolitan TIONS.— workers with families who request it. counties for the State, as established by the ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- Secretary of Housing and Urban Develop- employer shall make available for public ex- DUCTION OF LIVESTOCK.—The Secretary of ment pursuant to section 8(c) of the United amination, within 1 working day after the Labor shall issue regulations that address States Housing Act of 1937 (42 U.S.C. date on which an application under sub- the specific requirements for the provision of 1437f(c)), based on a 2-bedroom dwelling unit section (a) is filed, at the employer’s prin- housing to workers engaged in the range pro- and an assumption of 2 persons per bedroom. cipal place of business or work site, a copy of duction of livestock. ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— each such application (and such accom- ‘‘(E) LIMITATION.—Nothing in this para- ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker panying documents as are necessary). graph shall be construed to require an em- who completes 50 percent of the period of ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ployer to provide or secure housing for per- employment of the job opportunity for which LABOR.— sons who were not entitled to such housing the worker was hired shall be reimbursed by ‘‘(A) COMPILATION OF LIST.—The Secretary under the temporary labor certification reg- the employer for the cost of the worker’s of Labor shall compile, on a current basis, a ulations in effect on June 1, 1986. transportation and subsistence from the list (by employer and by occupational classi- ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work fication) of the applications filed under this ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- subsection. Such list shall include the wage lic housing provided for migrant agricultural ment, if the worker traveled from such rate, number of workers sought, period of in- workers under the auspices of a local, coun- place) to the place of employment. tended employment, and date of need. The ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A Secretary of Labor shall make such list ployer, and use of the public housing unit worker who completes the period of employ- available for examination in the District of normally requires charges from migrant ment for the job opportunity involved shall workers, such charges shall be paid by the be reimbursed by the employer for the cost Columbia. employer directly to the appropriate indi- of the worker’s transportation and subsist- ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- vidual or entity affiliated with the housing’s ence from the place of employment to the retary of Labor shall review such an applica- management. place from which the worker, disregarding tion only for completeness and obvious inac- ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for curacies. Unless the Secretary of Labor finds form of deposits for bedding or other similar the employer, or to the place of next employ- that the application is incomplete or obvi- incidentals related to housing shall not be ment, if the worker has contracted with a ously inaccurate, the Secretary of Labor levied upon workers by employers who pro- subsequent employer who has not agreed to shall certify that the intending employer has vide housing for their workers. An employer provide or pay for the worker’s transpor- filed with the Secretary of Labor an applica- may require a worker found to have been re- tation and subsistence to such subsequent tion as described in subsection (a). Such cer- sponsible for damage to such housing which employer’s place of employment. tification shall be provided within 7 days of is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— the filing of the application.’’; and lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except (2) by inserting after section 218D, as added ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- by section 601 of this Act, the following: such damage. imbursement provided under subparagraph ‘‘SEC. 218E. H–2A EMPLOYMENT REQUIREMENTS. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS NATIVE.— ceed the lesser of— PROHIBITED.—Employers seeking to hire ‘‘(i) IN GENERAL.—If the requirement under ‘‘(I) the actual cost to the worker or alien United States workers shall offer the United clause (ii) is satisfied, the employer may proof the transportation and subsistence in- States workers no less than the same bene- vide a reasonable housing allowance instead volved; or fits, wages, and working conditions that the of offering housing under subparagraph (A). ‘‘(II) the most economical and reasonable employer is offering, intends to offer, or will Upon the request of a worker seeking assist- common carrier transportation charges and provide to H–2A workers. Conversely, no job ance in locating housing, the employer shall subsistence costs for the distance involved. offer may impose on United States workers make a good faith effort to assist the worker ‘‘(ii) DISTANCE TRAVELED.—No reimburse- any restrictions or obligations which will in identifying and locating housing in the ment under subparagraph (A) or (B) shall be not be imposed on the employer’s H–2A area of intended employment. An employer required if the distance traveled is 100 miles workers. who offers a housing allowance to a worker, or less, or the worker is not residing in em- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- or assists a worker in locating housing which ployer-provided housing or housing secured ING CONDITIONS.—Except in cases where high- the worker occupies, pursuant to this clause through an allowance as provided in para- er benefits, wages, or working conditions are shall not be deemed a housing provider under graph (1)(G). required by the provisions of subsection (a), section 203 of the Migrant and Seasonal Agri- ‘‘(D) EARLY TERMINATION.—If the worker is in order to protect similarly employed cultural Worker Protection Act (29 U.S.C. laid off or employment is terminated for United States workers from adverse effects 1823) solely by virtue of providing such hous- contract impossibility (as described in para- with respect to benefits, wages, and working ing allowance. No housing allowance may be graph (4)(D)) before the anticipated ending conditions, every job offer which shall ac- used for housing which is owned or con- date of employment, the employer shall pro- company an application under section trolled by the employer. vide the transportation and subsistence re- 218(b)(2) shall include each of the following ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the standing whether the worker has completed sions: State certifies to the Secretary of Labor 50 percent of the period of employment, shall ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in provide the transportation reimbursement HOUSING ALLOWANCE.— the area of intended employment for mi- required by subparagraph (A). ‘‘(A) IN GENERAL.—An employer applying grant farm workers, and H–2A workers, who ‘‘(E) TRANSPORTATION BETWEEN LIVING under section 218(a) for H–2A workers shall are seeking temporary housing while em- QUARTERS AND WORK SITE.—The employer offer to provide housing at no cost to all ployed at farm work. Such certification shall shall provide transportation between the workers in job opportunities for which the expire after 3 years unless renewed by the worker’s living quarters and the employer’s employer has applied under that section and Governor of the State. work site without cost to the worker, and to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— such transportation will be in accordance at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the with applicable laws and regulations. residence is beyond normal commuting displace of employment of the workers provided ‘‘(3) REQUIRED WAGES.— tance. an allowance under this subparagraph is a ‘‘(A) IN GENERAL.—An employer applying ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the for workers under section 218(a) shall offer to subparagraph (A), an employer may, at the housing allowance under this subparagraph pay, and shall pay, all workers in the occu- employer’s election, provide housing that shall be equal to the statewide average fair pation for which the employer has applied

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2655 for workers, not less (and is not required to of the House of Representatives, a report first work day after the arrival of the worker pay more) than the greater of the prevailing that addresses— at the place of employment and ending on wage in the occupation in the area of in- ‘‘(i) whether the employment of H–2A or the expiration date specified in the job offer. tended employment or the adverse effect unauthorized aliens in the United States ag- For purposes of this subparagraph, the hour- wage rate. No worker shall be paid less than ricultural work force has depressed United ly equivalent means the number of hours in the greater of the hourly wage prescribed States farm worker wages below the levels the work days as stated in the job offer and under section 6(a)(1) of the Fair Labor Stand- that would otherwise have prevailed if alien shall exclude the worker’s Sabbath and Fed- ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- farm workers had not been employed in the eral holidays. If the employer affords the plicable State minimum wage. United States; United States or H–2A worker less employ- ‘‘(B) LIMITATION.—Effective on the date of ‘‘(ii) whether an adverse effect wage rate is ment than that required under this para- the enactment of the Agricultural Job Op- necessary to prevent wages of United States graph, the employer shall pay such worker portunities, Benefits, and Security Act of farm workers in occupations in which H–2A the amount which the worker would have 2006 and continuing for 3 years thereafter, no workers are employed from falling below the earned had the worker, in fact, worked for adverse effect wage rate for a State may be wage levels that would have prevailed in the the guaranteed number of hours. more than the adverse effect wage rate for absence of the employment of H–2A workers ‘‘(B) FAILURE TO WORK.—Any hours which that State in effect on January 1, 2003, as es- in those occupations; the worker fails to work, up to a maximum tablished by section 655.107 of title 20, Code ‘‘(iii) whether alternative wage standards, of the number of hours specified in the job of Federal Regulations. such as a prevailing wage standard, would be offer for a work day, when the worker has ‘‘(C) REQUIRED WAGES AFTER 3-YEAR sufficient to prevent wages in occupations in been offered an opportunity to do so, and all FREEZE.— which H–2A workers are employed from fall- hours of work actually performed (including ‘‘(i) FIRST ADJUSTMENT.—If Congress does ing below the wage level that would have voluntary work in excess of the number of not set a new wage standard applicable to prevailed in the absence of H–2A employ- hours specified in the job offer in a work day, this section before the first March 1 that is ment; on the worker’s Sabbath, or on Federal holi- not less than 3 years after the date of enact- ‘‘(iv) whether any changes are warranted days) may be counted by the employer in ment of this section, the adverse effect wage in the current methodologies for calculating calculating whether the period of guaranteed rate for each State beginning on such March the adverse effect wage rate and the pre- 1 shall be the wage rate that would have re- vailing wage; and employment has been met. sulted if the adverse effect wage rate in ef- ‘‘(v) recommendations for future wage pro- ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- fect on January 1, 2003, had been annually tection under this section. NATION FOR CAUSE.—If the worker voluntarily abandons employment before the end of the adjusted, beginning on March 1, 2006, by the ‘‘(H) COMMISSION ON WAGE STANDARDS.— contract period, or is terminated for cause, lesser of— ‘‘(i) ESTABLISHMENT.—There is established ‘‘(I) the 12 month percentage change in the the Commission on Agricultural Wage the worker is not entitled to the ‘three- Consumer Price Index for All Urban Con- Standards under the H–2A program (in this fourths guarantee’ described in subparagraph sumers between December of the second pre- subparagraph referred to as the ‘Commis- (A). ceding year and December of the preceding sion’). ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before year; and ‘‘(ii) COMPOSITION.—The Commission shall the expiration of the period of employment ‘‘(II) 4 percent. consist of 10 members as follows: specified in the job offer, the services of the ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— ‘‘(I) 4 representatives of agricultural em- worker are no longer required for reasons be- Beginning on the first March 1 that is not ployers and 1 representative of the Depart- yond the control of the employer due to any less than 4 years after the date of enactment ment of Agriculture, each appointed by the form of natural disaster, including but not of this section, and each March 1 thereafter, Secretary of Agriculture. limited to a flood, hurricane, freeze, earth- the adverse effect wage rate then in effect ‘‘(II) 4 representatives of agricultural quake, fire, drought, plant or animal disease for each State shall be adjusted by the lesser workers and 1 representative of the Depart- or pest infestation, or regulatory drought, of— ment of Labor, each appointed by the Sec- before the guarantee in subparagraph (A) is ‘‘(I) the 12 month percentage change in the retary of Labor. fulfilled, the employer may terminate the Consumer Price Index for All Urban Con- ‘‘(iii) FUNCTIONS.—The Commission shall worker’s employment. In the event of such sumers between December of the second pre- conduct a study that shall address— termination, the employer shall fulfill the ceding year and December of the preceding ‘‘(I) whether the employment of H–2A or employment guarantee in subparagraph (A) year; and unauthorized aliens in the United States ag- for the work days that have elapsed from the ‘‘(II) 4 percent. ricultural workforce has depressed United first work day after the arrival of the worker ‘‘(D) DEDUCTIONS.—The employer shall States farm worker wages below the levels to the termination of employment. In such make only those deductions from the work- that would otherwise have prevailed if alien cases, the employer will make efforts to er’s wages that are authorized by law or are farm workers had not been employed in the transfer the United States worker to other reasonable and customary in the occupation United States; comparable employment acceptable to the and area of employment. The job offer shall ‘‘(II) whether an adverse effect wage rate is worker. If such transfer is not effected, the specify all deductions not required by law necessary to prevent wages of United States employer shall provide the return transpor- which the employer will make from the farm workers in occupations in which H–2A tation required in paragraph (2)(D). worker’s wages. workers are employed from falling below the ‘‘(5) MOTOR VEHICLE SAFETY.— ‘‘(E) FREQUENCY OF PAY.—The employer wage levels that would have prevailed in the ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO shall pay the worker not less frequently than absence of the employment of H–2A workers COVERAGE.— twice monthly, or in accordance with the in those occupations; ‘‘(i) IN GENERAL.—Except as provided in prevailing practice in the area of employ- ‘‘(III) whether alternative wage standards, clauses (iii) and (iv), this subsection applies ment, whichever is more frequent. such as a prevailing wage standard, would be to any H–2A employer that uses or causes to ‘‘(F) HOURS AND EARNINGS STATEMENTS.— sufficient to prevent wages in occupations in be used any vehicle to transport an H–2A The employer shall furnish to the worker, on which H–2A workers are employed from fall- worker within the United States. or before each payday, in 1 or more written ing below the wage level that would have ‘‘(ii) DEFINED TERM.—In this paragraph, the statements— prevailed in the absence of H–2A employ- term ‘uses or causes to be used’— ‘‘(i) the worker’s total earnings for the pay ment; ‘‘(I) applies only to transportation pro- period; ‘‘(IV) whether any changes are warranted vided by an H–2A employer to an H–2A work- ‘‘(ii) the worker’s hourly rate of pay, piece in the current methodologies for calculating er, or by a farm labor contractor to an H–2A rate of pay, or both; the adverse effect wage rate and the pre- worker at the request or direction of an H–2A ‘‘(iii) the hours of employment which have vailing wage rate; and employer; and been offered to the worker (broken out by ‘‘(V) recommendations for future wage pro- ‘‘(II) does not apply to— hours offered in accordance with and over tection under this section. ‘‘(aa) transportation provided, or transpor- and above the three-quarters guarantee de- ‘‘(iv) FINAL REPORT.—Not later than De- tation arrangements made, by an H–2A scribed in paragraph (4); cember 31, 2008, the Commission shall submit worker, unless the employer specifically re- ‘‘(iv) the hours actually worked by the a report to the Congress setting forth the quested or arranged such transportation; or worker; findings of the study conducted under clause ‘‘(bb) car pooling arrangements made by H– ‘‘(v) an itemization of the deductions made (iii). 2A workers themselves, using 1 of the work- from the worker’s wages; and ‘‘(v) TERMINATION DATE.—The Commission ers’ own vehicles, unless specifically re- ‘‘(vi) if piece rates of pay are used, the shall terminate upon submitting its final requested by the employer directly or through units produced daily. port. a farm labor contractor. ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not ‘‘(4) GUARANTEE OF EMPLOYMENT.— ‘‘(iii) CLARIFICATION.—Providing a job offer later than December 31, 2008, the Comp- ‘‘(A) OFFER TO WORKER.—The employer to an H–2A worker that causes the worker to troller General of the United States shall shall guarantee to offer the worker employ- travel to or from the place of employment, prepare and transmit to the Secretary of ment for the hourly equivalent of at least or the payment or reimbursement of the Labor, the Committee on the Judiciary of three-fourths of the work days of the total transportation costs of an H–2A worker by the Senate, and Committee on the Judiciary period of employment, beginning with the an H–2A employer, shall not constitute an

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arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— the purpose of departure or extension based transportation. Nothing in this section, section 218, or sec- on a subsequent offer of employment, except ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218F shall preclude the Secretary of that— MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to ‘‘(A) the alien is not authorized to be em- apply to the transportation of an H–2A work- apply special procedures and requirements to ployed during such 14-day period except in er on a tractor, combine, harvester, picker, the admission and employment of aliens in the employment for which the alien was pre- or other similar machinery or equipment occupations involving the range production viously authorized; and while such worker is actually engaged in the of livestock. ‘‘(B) the total period of employment, in- planting, cultivating, or harvesting of agri- ‘‘SEC. 218F. PROCEDURE FOR ADMISSION AND EX- cluding such 14-day period, may not exceed cultural commodities or the care of live- TENSION OF STAY OF H–2A WORK- 10 months. stock or poultry or engaged in transpor- ERS. ‘‘(2) CONSTRUCTION.—Nothing in this sub- tation incidental thereto. ‘‘(a) PETITIONING FOR ADMISSION.—An em- section shall limit the authority of the Sec- ‘‘(v) COMMON CARRIERS EXCLUDED.—This ployer, or an association acting as an agent retary to extend the stay of the alien under subsection does not apply to common carrier or joint employer for its members, that any other provision of this Act. motor vehicle transportation in which the seeks the admission into the United States ‘‘(e) ABANDONMENT OF EMPLOYMENT.— provider holds itself out to the general pub- of an H–2A worker may file a petition with ‘‘(1) IN GENERAL.—An alien admitted or lic as engaging in the transportation of pas- the Secretary. The petition shall be accom- provided status under section sengers for hire and holds a valid certifi- panied by an accepted and currently valid 101(a)(15)(H)(ii)(a) who abandons the employ- cation of authorization for such purposes certification provided by the Secretary of ment which was the basis for such admission from an appropriate Federal, State, or local Labor under section 218(e)(2)(B) covering the or status shall be considered to have failed agency. petitioner. to maintain nonimmigrant status as an H–2A ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- worker and shall depart the United States or RETARY.—The Secretary shall establish a ING, AND INSURANCE REQUIREMENTS.— be subject to removal under section procedure for expedited adjudication of peti- ‘‘(i) IN GENERAL.—When using, or causing 237(a)(1)(C)(i). tions filed under subsection (a) and within 7 to be used, any vehicle for the purpose of ‘‘(2) REPORT BY EMPLOYER.—The employer, working days shall, by fax, cable, or other providing transportation to which this sub- or association acting as agent for the em- means assuring expedited delivery, transmit paragraph applies, each employer shall— ployer, shall notify the Secretary not later a copy of notice of action on the petition to ‘‘(I) ensure that each such vehicle con- than 7 days after an H–2A worker pre- the petitioner and, in the case of approved forms to the standards prescribed by the Sec- maturely abandons employment. petitions, to the appropriate immigration of- retary of Labor under section 401(b) of the ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- ficer at the port of entry or United States Migrant and Seasonal Agricultural Worker retary shall promptly remove from the consulate (as the case may be) where the pe- Protection Act (29 U.S.C. 1841(b)) and other United States any H–2A worker who violates titioner has indicated that the alien bene- any term or condition of the worker’s non- applicable Federal and State safety stand- ficiary (or beneficiaries) will apply for a visa immigrant status. ards; or admission to the United States. ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ‘‘(II) ensure that each driver has a valid ‘‘(c) CRITERIA FOR ADMISSIBILITY.— standing paragraph (1), an alien may volun- and appropriate license, as provided by State ‘‘(1) IN GENERAL.—An H–2A worker shall be tarily terminate his or her employment if law, to operate the vehicle; and considered admissible to the United States if the alien promptly departs the United States ‘‘(III) have an insurance policy or a liabil- the alien is otherwise admissible under this upon termination of such employment. ity bond that is in effect which insures the section, section 218, and section 218E, and the ‘‘(f) REPLACEMENT OF ALIEN.— employer against liability for damage to per- alien is not ineligible under paragraph (2). ‘‘(1) IN GENERAL.—Upon presentation of the sons or property arising from the ownership, ‘‘(2) DISQUALIFICATION.—An alien shall be notice to the Secretary required by sub- operation, or causing to be operated, of any considered inadmissible to the United States section (e)(2), the Secretary of State shall vehicle used to transport any H–2A worker. and ineligible for nonimmigrant status under promptly issue a visa to, and the Secretary ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The section 101(a)(15)(H)(ii)(a) if the alien has, at shall admit into the United States, an eligi- level of insurance required shall be deter- any time during the past 5 years— ble alien designated by the employer to re- mined by the Secretary of Labor pursuant to ‘‘(A) violated a material provision of this place an H–2A worker— regulations to be issued under this subsection, including the requirement to ‘‘(A) who abandons or prematurely termi- section. promptly depart the United States when the nates employment; or ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION alien’s authorized period of admission under ‘‘(B) whose employment is terminated COVERAGE.—If the employer of any H–2A this section has expired; or after a United States worker is employed worker provides workers’ compensation cov- ‘‘(B) otherwise violated a term or condition pursuant to section 218(b)(2)(H)(iii), if the erage for such worker in the case of bodily of admission into the United States as a non- United States worker voluntarily departs be- injury or death as provided by State law, the immigrant, including overstaying the period fore the end of the period of intended em- following adjustments in the requirements of of authorized admission as such a non- ployment or if the employment termination subparagraph (B)(i)(III) relating to having an immigrant. is for a lawful job-related reason. insurance policy or liability bond apply: ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(I) No insurance policy or liability bond FUL PRESENCE.— section is intended to limit any preference shall be required of the employer, if such ‘‘(A) IN GENERAL.—An alien who has not required to be accorded United States work- workers are transported only under cir- previously been admitted into the United ers under any other provision of this Act. cumstances for which there is coverage States pursuant to this section, and who is ‘‘(g) IDENTIFICATION DOCUMENT.— under such State law. otherwise eligible for admission in accord- ‘‘(1) IN GENERAL.—Each alien authorized to ‘‘(II) An insurance policy or liability bond ance with paragraphs (1) and (2), shall not be be admitted under section 101(a)(15)(H)(ii)(a) shall be required of the employer for cir- deemed inadmissible by virtue of section shall be provided an identification and em- cumstances under which coverage for the 212(a)(9)(B). If an alien described in the pre- ployment eligibility document to verify eli- transportation of such workers is not pro- ceding sentence is present in the United gibility for employment in the United States vided under such State law. States, the alien may apply from abroad for and verify such person’s proper identity. ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An H–2A status, but may not be granted that ‘‘(2) REQUIREMENTS.—No identification and employer shall assure that, except as other- status in the United States. employment eligibility document may be wise provided in this section, the employer issued which does not meet the following re- will comply with all applicable Federal, ‘‘(B) MAINTENANCE OF WAIVER.—An alien quirements: State, and local labor laws, including laws provided an initial waiver of ineligibility ‘‘(A) The document shall be capable of reli- affecting migrant and seasonal agricultural pursuant to subparagraph (A) shall remain ably determining whether— workers, with respect to all United States eligible for such waiver unless the alien vio- workers and alien workers employed by the lates the terms of this section or again be- ‘‘(i) the individual with the identification employer, except that a violation of this as- comes ineligible under section 212(a)(9)(B) by and employment eligibility document whose surance shall not constitute a violation of virtue of unlawful presence in the United eligibility is being verified is in fact eligible the Migrant and Seasonal Agricultural States after the date of the initial waiver of for employment; Worker Protection Act (29 U.S.C. 1801 et ineligibility pursuant to subparagraph (A). ‘‘(ii) the individual whose eligibility is seq.). ‘‘(d) PERIOD OF ADMISSION.— being verified is claiming the identity of an- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(1) IN GENERAL.—The alien shall be admit- other person; and shall provide to the worker, not later than ted for the period of employment in the ap- ‘‘(iii) the individual whose eligibility is the day the work commences, a copy of the plication certified by the Secretary of Labor being verified is authorized to be admitted employer’s application and job offer de- pursuant to section 218(e)(2)(B), not to ex- into, and employed in, the United States as scribed in section 218(a), or, if the employer ceed 10 months, supplemented by a period of an H–2A worker. will require the worker to enter into a sepa- not more than 1 week before the beginning of ‘‘(B) The document shall be in a form that rate employment contract covering the em- the period of employment for the purpose of is resistant to counterfeiting and to tam- ployment in question, such separate employ- travel to the work site and a period of 14 pering. ment contract. days following the period of employment for ‘‘(C) The document shall—

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2657 ‘‘(i) be compatible with other databases of as an H–2A worker (including any exten- specified in section 218(b), or an employer’s the Secretary for the purpose of excluding sions). misrepresentation of material facts in an ap- aliens from benefits for which they are not ‘‘(ii) EXCEPTION.—Clause (i) shall not apply plication under section 218(a). Complaints eligible and determining whether the alien is in the case of an alien if the alien’s period of may be filed by any aggrieved person or or- unlawfully present in the United States; and authorized status as an H–2A worker (includ- ganization (including bargaining representa- ‘‘(ii) be compatible with law enforcement ing any extensions) was for a period of not tives). No investigation or hearing shall be databases to determine if the alien has been more than 10 months and such alien has been conducted on a complaint concerning such a convicted of criminal offenses. outside the United States for at least 2 failure or misrepresentation unless the com- ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN months during the 12 months preceding the plaint was filed not later than 12 months THE UNITED STATES.— date the alien again is applying for admis- after the date of the failure, or misrepresen- ‘‘(1) EXTENSION OF STAY.—If an employer sion to the United States as an H–2A worker. tation, respectively. The Secretary of Labor seeks approval to employ an H–2A alien who ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED shall conduct an investigation under this is lawfully present in the United States, the AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY subparagraph if there is reasonable cause to WORKERS.—Notwithstanding any provision of petition filed by the employer or an associa- believe that such a failure or misrepresentation pursuant to subsection (a), shall request the Agricultural Job Opportunities, Benefits, tion has occurred. an extension of the alien’s stay and a change and Security Act of 2006, an alien admitted ‘‘(B) DETERMINATION ON COMPLAINT.—Under in the alien’s employment. under section 101(a)(15)(H)(ii)(a) for employ- such process, the Secretary of Labor shall ‘‘(2) LIMITATION ON FILING A PETITION FOR ment as a sheepherder, goat herder, or dairy provide, within 30 days after the date such a EXTENSION OF STAY.—A petition may not be worker— complaint is filed, for a determination as to filed for an extension of an alien’s stay— ‘‘(1) may be admitted for an initial period ‘‘(A) for a period of more than 10 months; of 12 months; whether or not a reasonable basis exists to or ‘‘(2) subject to subsection (j)(5), may have make a finding described in subparagraph ‘‘(B) to a date that is more than 3 years such initial period of admission extended for (C), (D), (E), or (H). If the Secretary of Labor after the date of the alien’s last admission to a period of up to 3 years; and determines that such a reasonable basis ex- the United States under this section. ‘‘(3) shall not be subject to the require- ists, the Secretary of Labor shall provide for ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- ments of subsection (h)(5) (relating to peri- notice of such determination to the inter- TITION FOR EXTENSION OF STAY.— ods of absence from the United States). ested parties and an opportunity for a hear- ‘‘(A) IN GENERAL.—An alien who is lawfully ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT ing on the complaint, in accordance with present in the United States may commence RESIDENT STATUS FOR ALIENS EMPLOYED AS section 556 of title 5, United States Code, the employment described in a petition SHEEPHERDERS, GOAT HERDERS, OR DAIRY within 60 days after the date of the deter- under paragraph (1) on the date on which the WORKERS.— mination. If such a hearing is requested, the petition is filed. ‘‘(1) ELIGIBLE ALIEN.—For purposes of this Secretary of Labor shall make a finding con- ‘‘(B) DEFINITION.—For purposes of subpara- subsection, the term ‘eligible alien’ means cerning the matter not later than 60 days graph (A), the term ‘file’ means sending the an alien— after the date of the hearing. In the case of petition by certified mail via the United ‘‘(A) having nonimmigrant status under similar complaints respecting the same ap- States Postal Service, return receipt re- section 101(a)(15)(H)(ii)(a) based on employ- plicant, the Secretary of Labor may consoli- quested, or delivered by guaranteed commer- ment as a sheepherder, goat herder, or dairy date the hearings under this subparagraph cial delivery which will provide the employer worker; on such complaints. with a documented acknowledgment of the ‘‘(B) who has maintained such non- ‘‘(C) FAILURES TO MEET CONDITIONS.—If the date of receipt of the petition. immigrant status in the United States for a Secretary of Labor finds, after notice and op- ‘‘(C) HANDLING OF PETITION.—The employer cumulative total of 36 months (excluding any portunity for a hearing, a failure to meet a shall provide a copy of the employer’s peti- period of absence from the United States); condition of paragraph (1)(A), (1)(B), (1)(D), tion to the alien, who shall keep the petition and (1)(F), (2)(A), (2)(B), or (2)(G) of section with the alien’s identification and employ- ‘‘(C) who is seeking to receive an immi- 218(b), a substantial failure to meet a condi- ment eligibility document as evidence that grant visa under section 203(b)(3)(A)(iii). tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), the petition has been filed and that the alien ‘‘(2) CLASSIFICATION PETITION.—In the case (2)(E), or (2)(H) of section 218(b), or a mate- is authorized to work in the United States. of an eligible alien, the petition under sec- rial misrepresentation of fact in an applica- ‘‘(D) APPROVAL OF PETITION.—Upon ap- tion 204 for classification under section tion under section 218(a)— proval of a petition for an extension of stay 203(b)(3)(A)(iii) may be filed by— ‘‘(i) the Secretary of Labor shall notify the or change in the alien’s authorized employ- ‘‘(A) the alien’s employer on behalf of an Secretary of such finding and may, in addi- ment, the Secretary shall provide a new or eligible alien; or tion, impose such other administrative rem- updated employment eligibility document to ‘‘(B) the eligible alien. edies (including civil money penalties in an the alien indicating the new validity date, ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— amount not to exceed $1,000 per violation) as after which the alien is not required to re- Notwithstanding section 203(b)((3)(C), no de- the Secretary of Labor determines to be ap- tain a copy of the petition. termination under section 212(a)(5)(A) is re- propriate; and ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- quired with respect to an immigrant visa de- ‘‘(ii) the Secretary may disqualify the em- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- scribed in paragraph (1)(C) for an eligible ployer from the employment of aliens de- TION AND EMPLOYMENT ELIGIBILITY DOCU- alien. scribed in section 101(a)(15)(H)(ii)(a) for a pe- MENT.—An expired identification and em- ‘‘(4) EFFECT OF PETITION.—The filing of a riod of 1 year. ployment eligibility document, together petition described in paragraph (2) or an ap- ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- with a copy of a petition for extension of plication for adjustment of status based on REPRESENTATIONS.—If the Secretary of Labor stay or change in the alien’s authorized em- the approval of such a petition, shall not finds, after notice and opportunity for hear- ployment that complies with the require- constitute evidence of an alien’s ineligibility ing, a willful failure to meet a condition of ments of paragraph (1), shall constitute a for nonimmigrant status under section section 218(b), a willful misrepresentation of valid work authorization document for a pe- 101(a)(15)(H)(ii)(a). a material fact in an application under sec- riod of not more than 60 days beginning on ‘‘(5) EXTENSION OF STAY.—The Secretary of tion 218(a), or a violation of subsection the date on which such petition is filed, after Homeland Security shall extend the stay of (d)(1)— which time only a currently valid identifica- an eligible alien having a pending or ap- ‘‘(i) the Secretary of Labor shall notify the tion and employment eligibility document proved classification petition described in Secretary of such finding and may, in addi- shall be acceptable. paragraph (2) in 1-year increments until a tion, impose such other administrative rem- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN final determination is made on the alien’s edies (including civil money penalties in an STATUS.— eligibility for adjustment of status to that of amount not to exceed $5,000 per violation) as ‘‘(A) MAXIMUM PERIOD.—The maximum an alien lawfully admitted for permanent the Secretary of Labor determines to be ap- continuous period of authorized status as an residence. propriate; H–2A worker (including any extensions) is 3 ‘‘(6) CONSTRUCTION.—Nothing in this sub- ‘‘(ii) the Secretary of Labor may seek ap- years. section shall be construed to prevent an eli- propriate legal or equitable relief to effec- ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE gible alien from seeking adjustment of sta- tuate the purposes of subsection (d)(1); and UNITED STATES.— tus in accordance with any other provision ‘‘(iii) the Secretary may disqualify the em- ‘‘(i) IN GENERAL.—Subject to clause (ii), in of law. ployer from the employment of H–2A work- the case of an alien outside the United ‘‘SEC. 218G. WORKER PROTECTIONS AND LABOR ers for a period of 2 years. States whose period of authorized status as STANDARDS ENFORCEMENT. ‘‘(E) DISPLACEMENT OF UNITED STATES an H–2A worker (including any extensions) ‘‘(a) ENFORCEMENT AUTHORITY.— WORKERS.—If the Secretary of Labor finds, has expired, the alien may not again apply ‘‘(1) INVESTIGATION OF COMPLAINTS.— after notice and opportunity for hearing, a for admission to the United States as an H– ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY willful failure to meet a condition of section 2A worker unless the alien has remained out- COMPLAINTS.—The Secretary of Labor shall 218(b) or a willful misrepresentation of a ma- side the United States for a continuous pe- establish a process for the receipt, investiga- terial fact in an application under section riod equal to at least 1⁄5 the duration of the tion, and disposition of complaints respect- 218(a), in the course of which failure or mis- alien’s previous period of authorized status ing a petitioner’s failure to meet a condition representation the employer displaced a

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

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private right of action under subsection (c) ‘‘(6) H-2A EMPLOYER.—The term ‘H–2A em- CHAPTER 3—MISCELLANEOUS regarding the denial of the rights enumer- ployer’ means an employer who seeks to hire PROVISIONS ated under subsection (b), or has testified or 1 or more nonimmigrant aliens described in SEC. 616. DETERMINATION AND USE OF USER is about to testify in any court proceeding section 101(a)(15)(H)(ii)(a). FEES. brought under subsection (c). ‘‘(7) H-2A WORKER.—The term ‘H–2A worker’ (a) SCHEDULE OF FEES.—The Secretary ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- means a nonimmigrant described in section shall establish and periodically adjust a PRIATE EMPLOYMENT.—The Secretary of 101(a)(15)(H)(ii)(a). schedule of fees for the employment of aliens Labor and the Secretary shall establish a ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- under this subtitle and the amendments process under which an H–2A worker who portunity’ means a job opening for tem- made by this subtitle, and a collection proc- files a complaint regarding a violation of porary full-time employment at a place in ess for such fees from employers partici- subsection (d) and is otherwise eligible to re- the United States to which United States pating in the program provided under this main and work in the United States may be workers can be referred. subtitle. Such fees shall be the only fees allowed to seek other appropriate employ- ‘‘(9) LAYS OFF.— chargeable to employers for services pro- ment in the United States for a period not to ‘‘(A) IN GENERAL.—The term ‘lays off’, with vided under this subtitle. exceed the maximum period of stay author- respect to a worker— (b) DETERMINATION OF SCHEDULE.— ized for such nonimmigrant classification. ‘‘(i) means to cause the worker’s loss of (1) IN GENERAL.—The schedule under sub- ‘‘(f) ROLE OF ASSOCIATIONS.— employment, other than through a discharge section (a) shall reflect a fee rate based on ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- for inadequate performance, violation of the number of job opportunities indicated in TION.—An employer on whose behalf an ap- workplace rules, cause, voluntary departure, the employer’s application under section 218 plication is filed by an association acting as voluntary retirement, contract impossibility of the Immigration and Nationality Act, as its agent is fully responsible for such appli- (as described in section 218E(b)(4)(D)), or added by section 615 of this Act, and suffi- cation, and for complying with the terms temporary layoffs due to weather, markets, cient to provide for the direct costs of pro- and conditions of sections 218 and 218E, as or other temporary conditions; but viding services related to an employer’s au- though the employer had filed the applica- ‘‘(ii) does not include any situation in thorization to employ eligible aliens pursu- tion itself. If such an employer is deter- which the worker is offered, as an alter- ant to this subtitle, to include the certifi- mined, under this section, to have com- native to such loss of employment, a similar cation of eligible employers, the issuance of mitted a violation, the penalty for such vio- employment opportunity with the same em- documentation, and the admission of eligible lation shall apply only to that member of ployer (or, in the case of a placement of a aliens. the association unless the Secretary of worker with another employer under section (2) PROCEDURE.— Labor determines that the association or 218(b)(2)(E), with either employer described (A) IN GENERAL.—In establishing and ad- other member participated in, had knowl- in such section) at equivalent or higher com- justing such a schedule, the Secretary shall edge, or reason to know, of the violation, in pensation and benefits than the position comply with Federal cost accounting and fee which case the penalty shall be invoked from which the employee was discharged, re- setting standards. against the association or other association gardless of whether or not the employee ac- (B) PUBLICATION AND COMMENT.—The Sec- member as well. cepts the offer. retary shall publish in the Federal Register ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING ‘‘(B) STATUTORY CONSTRUCTION.—Nothing an initial fee schedule and associated collec- AS AN EMPLOYER.—If an association filing an in this paragraph is intended to limit an em- tion process and the cost data or estimates application as a sole or joint employer is de- ployee’s rights under a collective bargaining upon which such fee schedule is based, and termined to have committed a violation agreement or other employment contract. any subsequent amendments thereto, pursu- under this section, the penalty for such vio- ‘‘(10) REGULATORY DROUGHT.—The term ant to which public comment shall be sought lation shall apply only to the association un- ‘regulatory drought’ means a decision subse- and a final rule issued. less the Secretary of Labor determines that quent to the filing of the application under (c) USE OF PROCEEDS.—Notwithstanding an association member or members partici- section 218 by an entity not under the con- any other provision of law, all proceeds re- pated in or had knowledge, or reason to trol of the employer making such filing sulting from the payment of the alien em- know of the violation, in which case the pen- which restricts the employer’s access to ployment user fees shall be available with- alty shall be invoked against the association water for irrigation purposes and reduces or out further appropriation and shall remain member or members as well. limits the employer’s ability to produce an available without fiscal year limitation to reimburse the Secretary, the Secretary of ‘‘SEC. 218H. DEFINITIONS. agricultural commodity, thereby reducing State, and the Secretary of Labor for the ‘‘For purposes of this section, section 218, the need for labor. ‘‘(11) SEASONAL.—Labor is performed on a costs of carrying out sections 218 and 218F of and sections 218E through 218G: the Immigration and Nationality Act, as ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘seasonal’ basis if— ‘‘(A) ordinarily, it pertains to or is of the added by section 615 of this Act, and the pro- term ‘agricultural employment’ means any visions of this subtitle. service or activity that is considered to be kind exclusively performed at certain sea- SEC. 617. REGULATIONS. agricultural under section 3(f) of the Fair sons or periods of the year; and (a) REGULATIONS OF THE SECRETARY.—The Labor Standards Act of 1938 (29 U.S.C. 203(f)) ‘‘(B) from its nature, it may not be continuous or carried on throughout the year. Secretary shall consult with the Secretary of or agricultural labor under section 3121(g) of Labor and the Secretary of Agriculture on the Internal Revenue Code of 1986 (26 U.S.C. ‘‘(12) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security. all regulations to implement the duties of 3121(g)). For purposes of this paragraph, agri- the Secretary under this subtitle and the cultural employment includes employment ‘‘(13) TEMPORARY.—A worker is employed on a ‘temporary’ basis where the employ- amendments made by this subtitle. under section 101(a)(15)(H)(ii)(a). (b) REGULATIONS OF THE SECRETARY OF ment is intended not to exceed 10 months. ‘‘(2) BONA FIDE UNION.—The term ‘bona fide STATE.—The Secretary of State shall consult ‘‘(14) UNITED STATES WORKER.—The term union’ means any organization in which em- with the Secretary, the Secretary of Labor, ‘United States worker’ means any worker, ployees participate and which exists for the and the Secretary of Agriculture on all regu- purpose of dealing with employers con- whether a United States citizen or national, lations to implement the duties of the Sec- cerning grievances, labor disputes, wages, a lawfully admitted permanent resident retary of State under this subtitle and the rates of pay, hours of employment, or other alien, or any other alien, who is authorized amendments made by this subtitle. terms and conditions of work for agricul- to work in the job opportunity within the (c) REGULATIONS OF THE SECRETARY OF tural employees. Such term does not include United States, except an alien admitted or LABOR.—The Secretary of Labor shall con- an organization formed, created, adminis- otherwise provided status under section sult with the Secretary of Agriculture and tered, supported, dominated, financed, or 101(a)(15)(H)(ii)(a).’’. the Secretary on all regulations to imple- controlled by an employer or employer asso- (b) TABLE OF CONTENTS.—The table of con- ment the duties of the Secretary of Labor ciation or its agents or representatives. tents (8 U.S.C. 1101 et seq.) is amended— under this subtitle and the amendments ‘‘(3) DISPLACE.—The term ‘displace’, in the (1) by striking the item relating to section made by this subtitle. case of an application with respect to 1 or 218 and inserting the following: (d) DEADLINE FOR ISSUANCE OF REGULA- more H–2A workers by an employer, means ‘‘Sec. 218. H–2A employer applications.’’; TIONS.—All regulations to implement the du- laying off a United States worker from a job and ties of the Secretary, the Secretary of State, for which the H–2A worker or workers is or (2) by inserting after the item relating to and the Secretary of Labor created under are sought. section 218D, as added by section 601 of this sections 218, 218E, 218F, and 218G of the Im- ‘‘(4) ELIGIBLE.—The term ‘eligible’, when Act, the following: migration and Nationality Act, as added by used with respect to an individual, means an ‘‘Sec. 218E. H–2A employment require- section 615 of this Act, shall take effect on individual who is not an unauthorized alien ments. the effective date of section 615 and shall be (as defined in section 274A). ‘‘Sec. 218F. Procedure for admission and issued not later than 1 year after the date of ‘‘(5) EMPLOYER.—The term ‘employer’ extension of stay of H–2A work- enactment of this Act. means any person or entity, including any ers. SEC. 618. REPORT TO CONGRESS. farm labor contractor and any agricultural ‘‘Sec. 218G. Worker protections and Not later than September 30 of each year, association, that employs workers in agri- labor standards enforcement. the Secretary shall submit a report to Con- cultural employment. ‘‘Sec. 218H. Definitions.’’. gress that identifies, for the previous year—

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2660 CONGRESSIONAL RECORD — SENATE March 30, 2006 (1) the number of job opportunities ap- (B) the alien has been a person of good and revision after public notice and oppor- proved for employment of aliens admitted moral character since the time of applica- tunity for a period for public comment. under section 101(a)(15)(H)(ii)(a) of the Immi- tion; (2) INTERIM, FINAL REGULATIONS.—Within a gration and Nationality Act (8 U.S.C. (C) the alien— reasonable time after publication of the in- 1101(a)(15)(H)(ii)(a)), and the number of work- (i) is not inadmissible under paragraph (2), terim regulations in accordance with para- ers actually admitted, by State and by occu- (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of graph (1), the Secretary shall publish final pation; section 212(a) of the Immigration and Na- regulations implementing this section. (2) the number of such aliens reported to tionality Act (8 U.S.C. 1182(a)), or, if inad- (f) REMOVAL OF ALIEN.—The Secretary may have abandoned employment pursuant to missible solely under subparagraph (C) or (F) not remove any alien who has a pending ap- subsection 218F(e)(2) of such Act; of paragraph (6) of such subsection, the alien plication for conditional status under this (3) the number of such aliens who departed was under the age of 16 years at the time the subtitle. the United States within the period specified violation was committed; and SEC. 625. CONDITIONAL PERMANENT RESIDENT in subsection 218F(d) of such Act; (ii) is not deportable under paragraph STATUS. (4) the number of aliens who applied for ad- (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or (a) IN GENERAL.— justment of status pursuant to section 613(a); (6) of section 237(a) of the Immigration and (1) CONDITIONAL BASIS FOR STATUS.—Not- (5) the number of such aliens whose status Nationality Act (8 U.S.C. 1227(a)), or, if de- withstanding any other provision of law, and was adjusted under section 613(a); portable solely under subparagraphs (C) or except as provided in section 626, an alien (6) the number of aliens who applied for (D) of paragraph (3) of such subsection, the whose status has been adjusted under section permanent residence pursuant to section alien was under the age of 16 years at the 624 to that of an alien lawfully admitted for 613(c); and time the violation was committed; permanent residence shall be considered to (7) the number of such aliens who were ap- (D) the alien, at the time of application, have obtained such status on a conditional basis subject to the provisions of this sec- proved for permanent residence pursuant has been admitted to an institution of higher tion. Such conditional permanent resident section 613(c). education in the United States, or has status shall be valid for a period of 6 years, earned a high school diploma or obtained a SEC. 619. EFFECTIVE DATE. subject to termination under subsection (b). general education development certificate in (a) IN GENERAL.—Except as otherwise pro- (2) NOTICE OF REQUIREMENTS.— the United States; and vided, sections 615 and 616 shall take effect 1 (A) AT TIME OF OBTAINING PERMANENT RESI- (E) the alien has never been under a final year after the date of the enactment of this DENCE.—At the time an alien obtains perma- administrative or judicial order of exclusion, Act. nent resident status on a conditional basis deportation, or removal, unless the alien has (b) REPORT.—Not later than 180 days after under paragraph (1), the Secretary shall pro- remained in the United States under color of the date of the enactment of this Act, the vide for notice to the alien regarding the law or received the order before attaining Secretary shall prepare and submit to the provisions of this section and the require- the age of 16 years. appropriate committees of Congress a report ments of subsection (c) to have the condi- (2) WAIVER.—The Secretary may waive the that describes the measures being taken and tional basis of such status removed. grounds of ineligibility under section the progress made in implementing this sub- (B) EFFECT OF FAILURE TO PROVIDE NO- 212(a)(6) of the Immigration and Nationality title. TICE.—The failure of the Secretary to pro- Act and the grounds of deportability under vide a notice under this paragraph— Subtitle C—DREAM Act paragraphs (1), (3), and (6) of section 237(a) of (i) shall not affect the enforcement of the SEC. 621. SHORT TITLE. that Act for humanitarian purposes or fam- provisions of this subtitle with respect to the ily unity or when it is otherwise in the pub- This subtitle may be cited as the ‘‘Develop- alien; and lic interest. ment, Relief, and Education for Alien Minors (ii) shall not give rise to any private right (3) PROCEDURES.—The Secretary shall pro- Act of 2006’’ or the ‘‘DREAM Act of 2006’’. of action by the alien. vide a procedure by regulation allowing eli- SEC. 622. DEFINITIONS. (b) TERMINATION OF STATUS.— gible individuals to apply affirmatively for In this subtitle: (1) IN GENERAL.—The Secretary shall ter- the relief available under this subsection (1) INSTITUTION OF HIGHER EDUCATION.—The minate the conditional permanent resident term ‘‘institution of higher education’’ has without being placed in removal proceedings. status of any alien who obtained such status the meaning given that term in section 101 of (b) TERMINATION OF CONTINUOUS PERIOD.— under this subtitle, if the Secretary deter- the Higher Education Act of 1965 (20 U.S.C. For purposes of this section, any period of mines that the alien— 1001). continuous residence or continuous physical (A) ceases to meet the requirements of sub- presence in the United States of an alien who (2) UNIFORMED SERVICES.—The term ‘‘uni- paragraph (B) or (C) of section 624(a)(1); formed services’’ has the meaning given that applies for cancellation of removal under (B) has become a public charge; or term in section 101(a) of title 10, United this section shall not terminate when the (C) has received a dishonorable or other States Code. alien is served a notice to appear under sec- than honorable discharge from the uni- tion 239(a) of the Immigration and Nation- formed services. SEC. 623. RESTORATION OF STATE OPTION TO ality Act (8 U.S.C. 1229(a)). DETERMINE RESIDENCY FOR PUR- (2) RETURN TO PREVIOUS IMMIGRATION STA- POSES OF HIGHER EDUCATION BEN- (c) TREATMENT OF CERTAIN BREAKS IN TUS.—Any alien whose conditional perma- EFITS. PRESENCE.— nent resident status is terminated under (a) IN GENERAL.—Section 505 of the Illegal (1) IN GENERAL.—An alien shall be consid- paragraph (1) shall return to the immigra- Immigration Reform and Immigrant Respon- ered to have failed to maintain continuous tion status the alien had immediately prior sibility Act of 1996 (8 U.S.C. 1623) is repealed. physical presence in the United States under to receiving conditional permanent resident (b) EFFECTIVE DATE.—The repeal under subsection (a) if the alien has departed from status under this subtitle. subsection (a) shall take effect as if included the United States for any period in excess of (c) REQUIREMENTS OF TIMELY PETITION FOR in the enactment of the Illegal Immigration 90 days or for any periods in the aggregate REMOVAL OF CONDITION.— Reform and Immigrant Responsibility Act of exceeding 180 days. (1) IN GENERAL.—In order for the condi- 1996. (2) EXTENSIONS FOR EXCEPTIONAL CIR- tional basis of permanent resident status ob- CUMSTANCES.—The Secretary may extend the SEC. 624. CANCELLATION OF REMOVAL AND AD- tained by an alien under subsection (a) to be JUSTMENT OF STATUS OF CERTAIN time periods described in paragraph (1) if the removed, the alien must file with the Sec- LONG-TERM RESIDENTS WHO EN- alien demonstrates that the failure to timely retary, in accordance with paragraph (3), a TERED THE UNITED STATES AS return to the United States was due to ex- petition which requests the removal of such CHILDREN. ceptional circumstances. The exceptional conditional basis and which provides, under (a) SPECIAL RULE FOR CERTAIN LONG-TERM circumstances determined sufficient to jus- penalty of perjury, the facts and information RESIDENTS WHO ENTERED THE UNITED STATES tify an extension should be no less compel- so that the Secretary may make the deter- AS CHILDREN.— ling than serious illness of the alien, or mination described in paragraph (2)(A). (1) IN GENERAL.—Notwithstanding any death or serious illness of a parent, grand- (2) ADJUDICATION OF PETITION TO REMOVE other provision of law and except as other- parent, sibling, or child. CONDITION.— wise provided in this subtitle, the Secretary (d) EXEMPTION FROM NUMERICAL LIMITA- (A) IN GENERAL.—If a petition is filed in ac- may cancel removal of, and adjust to the sta- TIONS.—Nothing in this section may be con- cordance with paragraph (1) for an alien, the tus of an alien lawfully admitted for perma- strued to apply a numerical limitation on Secretary shall make a determination as to nent residence, subject to the conditional the number of aliens who may be eligible for whether the alien meets the requirements basis described in section 625, an alien who is cancellation of removal or adjustment of set out in subparagraphs (A) through (E) of inadmissible or deportable from the United status under this section. subsection (d)(1). States, if the alien demonstrates that— (e) REGULATIONS.— (B) REMOVAL OF CONDITIONAL BASIS IF FA- (A) the alien has been physically present in (1) PROPOSED REGULATIONS.—Not later than VORABLE DETERMINATION.—If the Secretary the United States for a continuous period of 180 days after the date of enactment of this determines that the alien meets such re- not less than 5 years immediately preceding Act, the Secretary shall publish proposed quirements, the Secretary shall notify the the date of enactment of this Act, and had regulations implementing this section. Such alien of such determination and immediately not yet reached the age of 16 years at the regulations shall be effective immediately on remove the conditional basis of the status of time of initial entry; an interim basis, but are subject to change the alien.

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(C) TERMINATION IF ADVERSE DETERMINA- the United States as an alien lawfully admit- this subtitle with a designated entity, that TION.—If the Secretary determines that the ted to the United States for permanent resi- designated entity, to examine applications alien does not meet such requirements, the dence. However, the conditional basis must filed under this subtitle. Secretary shall notify the alien of such de- be removed before the alien may apply for (b) REQUIRED DISCLOSURE.—The Attorney termination and terminate the conditional naturalization. General or the Secretary shall provide the permanent resident status of the alien as of SEC. 626. RETROACTIVE BENEFITS. information furnished under this section, the date of the determination. If, on the date of enactment of this Act, an and any other information derived from such (3) TIME TO FILE PETITION.—An alien may alien has satisfied all the requirements of furnished information, to— petition to remove the conditional basis to subparagraphs (A) through (E) of section (1) a duly recognized law enforcement enti- lawful resident status during the period be- 624(a)(1) and section 625(d)(1)(D), the Sec- ty in connection with an investigation or ginning 180 days before and ending 2 years retary may adjust the status of the alien to prosecution of an offense described in para- after either the date that is 6 years after the that of a conditional resident in accordance graph (2) or (3) of section 212(a) of the Immi- date of the granting of conditional perma- with section 624. The alien may petition for gration and Nationality Act (8 U.S.C. nent resident status or any other expiration removal of such condition at the end of the 1182(a)), when such information is requested date of the conditional permanent resident conditional residence period in accordance in writing by such entity; or status as extended by the Secretary in ac- with section 625(c) if the alien has met the (2) an official coroner for purposes of af- cordance with this subtitle. The alien shall requirements of subparagraphs (A), (B), and firmatively identifying a deceased individual be deemed in conditional permanent resident (C) of section 625(d)(1) during the entire pe- (whether or not such individual is deceased status in the United States during the period riod of conditional residence. as a result of a crime). in which the petition is pending. SEC. 627. EXCLUSIVE JURISDICTION. (c) PENALTY.—Whoever knowingly uses, (d) DETAILS OF PETITION.— (a) IN GENERAL.—The Secretary shall have publishes, or permits information to be ex- (1) CONTENTS OF PETITION.—Each petition exclusive jurisdiction to determine eligi- amined in violation of this section shall be for an alien under subsection (c)(1) shall confined not more than $10,000. tain information to permit the Secretary to bility for relief under this subtitle, except determine whether each of the following re- where the alien has been placed into deporta- SEC. 630. EXPEDITED PROCESSING OF APPLICA- TIONS; PROHIBITION ON FEES. quirements is met: tion, exclusion, or removal proceedings ei- (A) The alien has demonstrated good moral ther prior to or after filing an application for Regulations promulgated under this sub- character during the entire period the alien relief under this subtitle, in which case the title shall provide that applications under has been a conditional permanent resident. Attorney General shall have exclusive juris- this subtitle will be considered on an expe- (B) The alien is in compliance with section diction and shall assume all the powers and dited basis and without a requirement for 624(a)(1)(C). duties of the Secretary until proceedings are the payment by the applicant of any addi- (C) The alien has not abandoned the alien’s terminated, or if a final order of deportation, tional fee for such expedited processing. residence in the United States. The Sec- exclusion, or removal is entered the Sec- SEC. 631. HIGHER EDUCATION ASSISTANCE. retary shall presume that the alien has aban- retary shall resume all powers and duties Notwithstanding any provision of the doned such residence if the alien is absent delegated to the Secretary under this sub- Higher Education Act of 1965 (20 U.S.C. 1001 from the United States for more than 365 title. et seq.), with respect to assistance provided days, in the aggregate, during the period of (b) STAY OF REMOVAL OF CERTAIN ALIENS under title IV of the Higher Education Act of conditional residence, unless the alien dem- ENROLLED IN PRIMARY OR SECONDARY 1965 (20 U.S.C. 1070 et seq.), an alien who ad- onstrates that alien has not abandoned the SCHOOL.—The Attorney General shall stay justs status to that of a lawful permanent alien’s residence. An alien who is absent the removal proceedings of any alien who— resident under this subtitle shall be eligible from the United States due to active service (1) meets all the requirements of subpara- only for the following assistance under such in the uniformed services has not abandoned graphs (A), (B), (C), and (E) of section title IV: the alien’s residence in the United States 624(a)(1); (1) Student loans under parts B, D, and E of during the period of such service. (2) is at least 12 years of age; and such title IV (20 U.S.C. 1071 et seq., 1087a et (D) The alien has completed at least 1 of (3) is enrolled full time in a primary or sec- seq., 1087aa et seq.), subject to the require- the following: ondary school. ments of such parts. (i) The alien has acquired a degree from an (c) EMPLOYMENT.—An alien whose removal (2) Federal work-study programs under institution of higher education in the United is stayed pursuant to subsection (b) may be part C of such title IV (42 U.S.C. 2751 et seq.), States or has completed at least 2 years, in engaged in employment in the United States, subject to the requirements of such part. good standing, in a program for a bachelor’s consistent with the Fair Labor Standards (3) Services under such title IV (20 U.S.C. degree or higher degree in the United States. Act (29 U.S.C. 201 et seq.), and State and 1070 et seq.), subject to the requirements for (ii) The alien has served in the uniformed local laws governing minimum age for em- such services. ployment. services for at least 2 years and, if dis- SEC. 632. GAO REPORT. (d) LIFT OF STAY.—The Attorney General charged, has received an honorable dis- shall lift the stay granted pursuant to sub- Seven years after the date of enactment of charge. section (b) if the alien— this Act, the Comptroller General of the (E) The alien has provided a list of all of (1) is no longer enrolled in a primary or United States shall submit a report to the the secondary educational institutions that secondary school; or Committee on the Judiciary of the Senate the alien attended in the United States. (2) ceases to meet the requirements of sub- and the Committee on the Judiciary of the (2) HARDSHIP EXCEPTION.— section (b)(1). House of Representatives, which sets forth— (A) IN GENERAL.—The Secretary may, in (1) the number of aliens who were eligible the Secretary’s discretion, remove the condi- SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICATION. for cancellation of removal and adjustment tional status of an alien if the alien— Whoever files an application for relief of status under section 624(a); (i) satisfies the requirements of subpara- under this subtitle and willfully and know- (2) the number of aliens who applied for ad- graphs (A), (B), and (C) of paragraph (1); ingly falsifies, misrepresents, or conceals a justment of status under section 624(a); (ii) demonstrates compelling cir- material fact or makes any false or fraudu- (3) the number of aliens who were granted cumstances for the inability to complete the lent statement or representation, or makes adjustment of status under section 624(a); requirements described in paragraph (1)(D); or uses any false writing or document know- and and ing the same to contain any false or fraudu- (4) the number of aliens whose conditional (iii) demonstrates that the alien’s removal lent statement or entry, shall be fined in ac- permanent resident status was removed from the United States would result in ex- cordance with title 18, United States Code, under section 625. ceptional and extremely unusual hardship to or imprisoned not more than 5 years, or Subtitle D—Grant Programs to Assist the alien or the alien’s spouse, parent, or both. Nonimmigrant Workers child who is a citizen or a lawful permanent resident of the United States. SEC. 629. CONFIDENTIALITY OF INFORMATION. SEC. 641. GRANTS TO SUPPORT PUBLIC EDU- CATION AND COMMUNITY TRAINING. (B) EXTENSION.—Upon a showing of good (a) PROHIBITION.—No officer or employee of cause, the Secretary may extend the period the United States may— (a) GRANTS AUTHORIZED.—The Assistant of the conditional resident status for the (1) use the information furnished by the Attorney General, Office of Justice Pro- purpose of completing the requirements de- applicant pursuant to an application filed grams, may award grants to qualified non- scribed in paragraph (1)(D). under this subtitle to initiate removal pro- profit community organizations to educate, (e) TREATMENT OF PERIOD FOR PURPOSES OF ceedings against any persons identified in train, and support non-profit agencies, immi- NATURALIZATION.—For purposes of title III of the application; grant communities, and other interested en- the Immigration and Nationality Act (8 (2) make any publication whereby the in- tities regarding the provisions of this Act U.S.C. 1401 et seq.), in the case of an alien formation furnished by any particular indi- and the amendments made by this Act. who is in the United States as a lawful per- vidual pursuant to an application under this (b) USE OF FUNDS.— manent resident on a conditional basis under subtitle can be identified; or (1) IN GENERAL.—Grants awarded under this this section, the alien shall be considered to (3) permit anyone other than an officer or section shall be used— have been admitted as an alien lawfully ad- employee of the United States Government (A) for public education, training, tech- mitted for permanent residence and to be in or, in the case of applications filed under nical assistance, government liaison, and all

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2662 CONGRESSIONAL RECORD — SENATE March 30, 2006 related costs (including personnel and equip- (2) other activities approved by the Sec- (A) modify the English language requirement) incurred by the grantee in providing retary to promote civics and English as a ments for naturalization under section services related to this Act; and second language. 312(a)(1) of the Immigration and Nationality (B) to educate, train, and support nonprofit (b) ACCEPTANCE OF GIFTS.—The Secretary Act (8 U.S.C. 1423(a)(1)); or organizations, immigrant communities, and may accept and use gifts from the Founda- (B) influence the naturalization test rede- other interested parties regarding this Act tion for grants under this section. sign process of the Office of Citizenship (ex- and the amendments made by this Act and (c) AUTHORIZATION OF APPROPRIATIONS.— cept for the requirement under subsection on matters related to its implementation. There are authorized to be appropriated such (h)(2)). (2) EDUCATION.—In addition to the purposes sums as may be necessary to carry out this (d) AMERICAN CITIZENSHIP GRANT PRO- described in paragraph (1), grants awarded section. GRAM.— under this section shall be used to— (1) IN GENERAL.—The Secretary shall estab- (A) educate immigrant communities and SA 3193. Mr. ALEXANDER (for him- lish a competitive grant program to provide other interested entities regarding— self, Mr. CORNYN, Mr. ISAKSON, Mr. financial assistance for— (i) the individuals and organizations that COCHRAN, Mr. SANTORUM, Mr. FRIST, (A) efforts by entities (including veterans and patriotic organizations) certified by the can provide authorized legal representation Mr. MCCONNELL, and Mr. MCCAIN) sub- in immigration matters under regulations Office of Citizenship to promote the patriotic mitted an amendment intended to be integration of prospective citizens into the prescribed by the Secretary; and proposed to amendment SA 3192 sub- (ii) the dangers of securing legal advice American way of life by providing civics, his- and assistance from those who are not au- mitted by Mr. SPECTER (for himself, tory, and English as a second language thorized to provide legal representation in Mr. LEAHY, and Mr. HAGEL) to the bill courses, with a specific emphasis on attach- immigration matters; S. 2454, to amend the Immigration and ment to principles of the Constitution of the (B) educate interested entities regarding Nationality Act to provide for com- United States, the heroes of American his- the requirements for obtaining nonprofit rec- prehensive reform and for other pur- tory (including military heroes), and the meaning of the Oath of Allegiance; and ognition and accreditation to represent imposes; as follows: migrants under regulations prescribed by the (B) other activities approved by the Sec- At the appropriate place, insert the fol- retary to promote the patriotic integration Secretary; lowing: (C) provide nonprofit agencies with train- of prospective citizens and the implementa- SECTION 644. STRENGTHENING AMERICAN CITI- tion of the Immigration and Nationality Act ing and technical assistance on the recogni- ZENSHIP. (8 U.S.C. 1101 et seq.), including grants— tion and accreditation process; and (a) SHORT TITLE.—This section may be (i) to promote an understanding of the (D) educate nonprofit community organi- cited as the ‘‘Strengthening American Citi- form of government and history of the zations, immigrant communities, and other zenship Act of 2006’’. United States; and interested entities regarding— (b) DEFINITION.—In this section, the term (ii) to promote an attachment to the prin- (i) the process for obtaining benefits under ‘‘Oath of Allegiance’’ means the binding oath ciples of the Constitution of the United this Act or under an amendment made by (or affirmation) of allegiance required to be States and the well being and happiness of this Act; and naturalized as a citizen of the United States, the people of the United States. (ii) the availability of authorized legal rep- as prescribed in section 337(e) of the Immi- (2) ACCEPTANCE OF GIFTS.—The Secretary resentation for low-income persons who may gration and Nationality Act, as added by may accept and use gifts from the United qualify for benefits under this Act or under subsection (h)(1)(B). States Citizenship Foundation, if the founda- an amendment made by this Act. (c) ENGLISH FLUENCY.— tion is established under subsection (e), for (c) DIVERSITY.—The Assistant Attorney (1) EDUCATION GRANTS.— grants under this subsection. General shall ensure, to the extent possible, (A) ESTABLISHMENT.—The Chief of the Of- (3) AUTHORIZATION OF APPROPRIATIONS.— that the nonprofit community organizations fice of Citizenship of the Department (re- There are authorized to be appropriated such receiving grants under this section serve ferred to in this paragraph as the ‘‘Chief’’) sums as may be necessary to carry out this geographically diverse locations and eth- shall establish a grant program to provide subsection. nically diverse populations who may qualify grants in an amount not to exceed $500 to as- (e) FUNDING FOR THE OFFICE OF CITIZEN- for benefits under the Act. sist legal residents of the United States who SHIP.— (d) AUTHORIZATION OF APPROPRIATIONS.— (1) AUTHORIZATION.—The Secretary, acting There are authorized to be appropriated to declare an intent to apply for citizenship in through the Director of the Bureau of Citi- the Office of Justice Programs of the Depart- the United States to meet the requirements zenship and Immigration Services, is author- ment of Justice such sums as may be nec- under section 312 of the Immigration and Na- ized to establish the United States Citizen- essary for each of the fiscal years 2007 tionality Act (8 U.S.C. 1423). ship Foundation (referred to in this sub- through 2009 to carry out this section. (B) USE OF FUNDS.—Grant funds awarded under this paragraph shall be paid directly section as the ‘‘Foundation’’), an organiza- SEC. 642. FUNDING FOR THE OFFICE OF CITIZEN- SHIP. to an accredited institution of higher edu- tion duly incorporated in the District of Co- lumbia, exclusively for charitable and edu- (a) AUTHORIZATION.—The Secretary, acting cation or other qualified educational institu- through the Director of the Bureau of Citi- tion (as determined by the Chief) for tuition, cational purposes to support the functions of zenship and Immigration Services, is author- fees, books, and other educational resources the Office of Citizenship. ized to establish the United States Citizen- required by a course on the English language (2) DEDICATED FUNDING.— ship and Immigration Foundation (referred in which the legal resident is enrolled. (A) IN GENERAL.—Not less than 1.5 percent to in this subtitle as the ‘‘Foundation’’). (C) APPLICATION.—A legal resident desiring of the funds made available to the Bureau of (b) PURPOSE.—The Foundation shall be in- a grant under this paragraph shall submit an Citizenship and Immigration Services (incorporated in the District of Columbia, ex- application to the Chief at such time, in such cluding fees and appropriated funds) shall be clusively for charitable and educational pur- manner, and accompanied by such informa- dedicated to the functions of the Office of poses to support the functions of the Office tion as the Chief may reasonably require. Citizenship, which shall include the patriotic of Citizenship of the Bureau of Citizenship (D) PRIORITY.—If insufficient funds are integration of prospective citizens into— and Immigration Services. available to award grants to all qualified ap- (i) American common values and tradi- (c) GIFTS.— plicants, the Chief shall give priority based tions, including an understanding of Amer- (1) TO FOUNDATION.—The Foundation may on the financial need of the applicants. ican history and the principles of the Con- solicit, accept, and make gifts of money and (E) NOTICE.—The Secretary, upon relevant stitution of the United States; and other property in accordance with section registration of a legal resident with the De- (ii) civic traditions of the United States, 501(c)(3) of the Internal Revenue Code of 1986. partment, shall notify such legal resident of including the Pledge of Allegiance, respect (2) FROM FOUNDATION.—The Office of Citi- the availability of grants under this para- for the flag of the United States, and voting zenship may accept gifts from the Founda- graph for legal residents who declare an in- in public elections. tion to support the functions of the Office. tent to apply for United States citizenship. (B) SENSE OF CONGRESS.—It is the sense of (d) AUTHORIZATION OF APPROPRIATIONS.— (2) FASTER CITIZENSHIP FOR ENGLISH FLU- Congress that dedicating increased funds to There are authorized to be appropriated such ENCY.—Section 316 (8 U.S.C. 1427) is amended the Office of Citizenship should not result in sums as may be necessary to carry out the by adding at the end the following: an increase in fees charged by the Bureau of mission of the Office of Citizenship. ‘‘(g) A legal resident of the United States Citizenship and Immigration Services. SEC. 643. CIVICS INTEGRATION GRANT PRO- who demonstrates English fluency, in ac- (3) GIFTS.— GRAM. cordance with regulations prescribed by the (A) TO FOUNDATION.—The Foundation may (a) IN GENERAL.—The Secretary shall es- Secretary of Homeland Security, in con- solicit, accept, and make gifts of money and tablish a competitive grant program to pro- sultation with the Secretary of State, will other property in accordance with section vide financial assistance to nonprofit organi- satisfy the residency requirement under sub- 501(c)(3) of the Internal Revenue Code of 1986. zations, including faith-based organizations, section (a) upon the completion of 4 years of (B) FROM FOUNDATION.—The Office of Citi- to support— continuous legal residency in the United zenship may accept gifts from the Founda- (1) efforts by entities certified by the Of- States.’’. tion to support the functions of the Office. fice of Citizenship to provide civics and (3) SAVINGS PROVISION.—Nothing in this (4) AUTHORIZATION OF APPROPRIATIONS.— English as a second language courses; and subsection shall be construed to— There are authorized to be appropriated such

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2663 sums as may be necessary to carry out the ‘‘(B) because such person is opposed to any amend the Immigration and Nation- mission of the Office of Citizenship, includ- type of service in the Armed Forces of the ality Act to provide for comprehensive ing the functions described in paragraph United States, the words ‘bear arms, or’ and reform and for other purposes; which (2)(A). ‘noncombatant military or’ shall be omitted. was ordered to lie on the table; as fol- (f) RESTRICTION ON USE OF FUNDS.—No ‘‘(4) As used in this subsection, the term funds appropriated to carry out a program ‘religious training and belief’— lows: under this subsection (d) or (e) may be used ‘‘(A) means a belief of an individual in re- At the end, add the following: to organize individuals for the purpose of po- lation to a Supreme Being involving duties litical activism or advocacy. superior to those arising from any human re- TITLE ll—CITIZENSHIP ASSISTANCE (g) REPORTING REQUIREMENT.— lation; and FOR MEMBERS OF THE ARMED SERVICES (1) IN GENERAL.—The Chief of the Office of ‘‘(B) does not include essentially political, SEC. ll01. SHORT TITLE. Citizenship shall submit an annual report to sociological, or philosophical views or a the Committee on Health, Education, Labor, merely personal moral code. This title may be cited as the ‘‘Kendell and Pensions of the Senate, the Committee ‘‘(5) Any reference in this title to ‘oath’ or Frederick Citizenship Assistance Act’’. on the Judiciary of the Senate, the Com- ‘oath of allegiance’ under this section shall SEC. ll02. WAIVER OF REQUIREMENT FOR FIN- mittee on Education and the Workforce of be deemed to refer to the oath (or affirma- GERPRINTS FOR MEMBERS OF THE the House of Representatives, and the Com- tion) of allegiance prescribed under this sub- ARMED FORCES. mittee on the Judiciary of the House of Rep- section.’’. resentatives. Notwithstanding any other provision of (2) HISTORY AND GOVERNMENT TEST.—The law or any regulation, the Secretary shall (2) CONTENTS.—The report submitted under Secretary shall incorporate a knowledge and use the fingerprints provided by an indi- paragraph (1) shall include— understanding of the meaning of the Oath of (A) a list of the entities that have received vidual at the time the individual enlists in Allegiance into the history and government the Armed Forces to satisfy any requirement funds from the Office of Citizenship during test given to applicants for citizenship. the reporting period under this section and for fingerprints as part of an application for (3) NOTICE TO FOREIGN EMBASSIES.—Upon naturalization if the individual— the amount of funding received by each such the naturalization of a new citizen, the Sec- entity; (1) may be naturalized pursuant to section retary, in cooperation with the Secretary of 328 or 329 of the Immigration and Nation- (B) an evaluation of the extent to which State, shall notify the embassy of the coun- grants received under this section success- ality Act (8 U.S.C. 1439 or 1440); try of which the new citizen was a citizen or (2) was fingerprinted in accordance with fully promoted an understanding of— subject that such citizen has— (i) the English language; and the requirements of the Department of De- (A) renounced allegiance to that foreign fense at the time the individual enlisted in (ii) American history and government, in- country; and cluding the heroes of American history, the the Armed Forces; and (B) sworn allegiance to the United States. (3) submits an application for naturaliza- meaning of the Oath of Allegiance, and an (4) EFFECTIVE DATE.—The amendments attachment to the principles of the Constitu- tion not later than 12 months after the date made by paragraph (1) shall take effect on the individual enlisted in the Armed Forces. tion of the United States; and the date that is 6 months after the date of (C) information about the number of legal enactment of this Act. SEC. ll03. PROVISION OF INFORMATION ON residents who were able to achieve the (i) ESTABLISHMENT OF NEW CITIZENS AWARD NATURALIZATION TO MEMBERS OF knowledge described under paragraph (2) as a PROGRAM.— THE ARMED FORCES. result of the grants provided under this sec- (1) ESTABLISHMENT.—There is established a (a) CITIZENSHIP ADVOCATE.—The Secretary tion. new citizens award program to recognize of Defense shall establish the position of (h) OATH OR AFFIRMATION OF RENUNCIATION citizens who— Citizenship Advocate at each Military Entry AND ALLEGIANCE.— (A) have made an outstanding contribution Processing Station to provide information (1) REVISION OF OATH.—Section 337 (8 U.S.C. to the United States; and and assistance related to the naturalization 1448) is amended— (B) were naturalized during the 10-year pe- process to members of the Armed Forces. An (A) in subsection (a), by striking ‘‘under riod ending on the date of such recognition. individual serving as a Citizenship Advocate section 310(b) an oath’’ and all that follows (2) PRESENTATION AUTHORIZED.— may be a civilian. through ‘‘personal moral code.’’ and insert- (A) IN GENERAL.—The President is author- (b) WRITTEN MATERIALS.—The Secretary of ing ‘‘under section 310(b), the oath (or affir- ized to present a medal, in recognition of mation) of allegiance prescribed in sub- Defense shall ensure that written informa- outstanding contributions to the United tion describing the naturalization process for section (e).’’; and States, to citizens described in paragraph (1). (B) by adding at the end the following: members of the Armed Forces is provided to (B) MAXIMUM NUMBER OF AWARDS.—Not each individual who is not a citizen of the ‘‘(e)(1) Subject to paragraphs (2) and (3), more than 10 citizens may receive a medal the oath (or affirmation) of allegiance pre- United States at the time that the individual under this subsection in any calendar year. enlists in the Armed Forces. scribed in this subsection is as follows: ‘I (3) DESIGN AND STRIKING.—The Secretary of take this oath solemnly, freely, and without the Treasury shall strike a medal with suit- (c) TELEPHONE HOT LINE.—The Secretary any mental reservation. I absolutely and enable emblems, devices, and inscriptions, to shall— tirely renounce all allegiance to any foreign be determined by the President. (1) establish a dedicated toll free telephone state or power of which I have been a subject (4) NATIONAL MEDALS.—The medals struck service available only to members of the or citizen. My fidelity and allegiance from pursuant to this subsection are national Armed Forces and the families of such mem- this day forward are to the United States of medals for purposes of chapter 51 of title 31, bers to provide information related to natu- America. I will bear true faith and allegiance United States Code. ralization pursuant to section 328 or 329 of to the Constitution and laws of the United (j) NATURALIZATION CEREMONIES.— the Immigration and Nationality Act (8 States, and will support and defend them (1) IN GENERAL.—The Secretary, in con- U.S.C. 1439 or 1440), including the status of against all enemies, foreign and domestic. I sultation with the Director of the National an application for such naturalization; will bear arms, or perform noncombatant Park Service, the Archivist of the United (2) ensure that the telephone service re- military or civilian service, on behalf of the States, and other appropriate Federal offi- quired by paragraph (1) is operated by em- United States when required by law. This I cials, shall develop and implement a strat- ployees of the Department who— do solemnly swear, so help me God.’. egy to enhance the public awareness of natu- (A) have received specialized training on ‘‘(2) If a person, by reason of religious ralization ceremonies. the naturalization process for members of training and belief (or individual interpreta- (2) VENUES.—In developing the strategy the Armed Forces and the families of such tion thereof) or for other reasons of good under this subsection, the Secretary shall members; and conscience, cannot take the oath prescribed consider the use of outstanding and historic (B) are physically located in the same unit in paragraph (1)— locations as venues for select naturalization as the military processing unit that adju- ‘‘(A) with the term ‘oath’ included, the ceremonies. dicates applications for naturalization pur- term ‘affirmation’ shall be substituted for (3) REPORTING REQUIREMENT.—The Sec- suant to such section 328 or 329; and the term ‘oath’; and retary shall submit an annual report to Con- (3) implement a quality control program to ‘‘(B) with the phrase ‘so help me God’ in- gress that includes— monitor, on a regular basis, the accuracy cluded, the phrase ‘so help me God’ shall be (A) the content of the strategy developed and quality of information provided by the omitted. under this subsection; and employees who operate the telephone service ‘‘(3) If a person shows by clear and con- (B) the progress made towards the imple- required by paragraph (1), including the vincing evidence to the satisfaction of the mentation of such strategy. breadth of the knowledge related to the nat- Attorney General that such person, by rea- uralization process of such employees. son of religious training and belief, cannot Ms. MIKULSKI submitted take the oath prescribed in paragraph (1)— SA 3194. SEC. ll04. PROVISION OF INFORMATION ON ‘‘(A) because such person is opposed to the an amendment intended to be proposed NATURALIZATION TO THE PUBLIC. bearing of arms in the Armed Forces of the to amendment SA 3192 submitted by Not later than 30 days after the date that United States, the words ‘bear arms, or’ Mr. SPECTER (for himself, Mr. LEAHY, a modification to any law or regulation re- shall be omitted; and and Mr. HAGEL) to the bill S. 2454, to lated to the naturalization process becomes

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effective, the Secretary shall update the ap- (c) AUTHORIZATION OF APPROPRIATIONS.— (4) are located in States with more undocu- propriate application form for naturaliza- (1) BORDER CONTROL FACILITIES.—There are mented aliens, based on the most recent de- tion, the instructions and guidebook for ob- authorized to be appropriated to the Sec- cennial census; or taining naturalization, and the Internet retary such sums as may be necessary for (5) are located in States with more undocu- website maintained by the Secretary to re- each of the fiscal years 2007 through 2011 to mented alien apprehensions in the most reflect such modification. carry out subsection (a). cent fiscal year. SEC. ll05. REPORTS. (2) UNMANNED AERIAL VEHICLES.— (e) AUTHORIZATION OF APPROPRIATIONS.— (a) ADJUDICATION PROCESS.—Not later than (A) IN GENERAL.—There are authorized to There are authorized to be appropriated to 120 days after the date of the enactment of be appropriated to the Secretary to carry the Secretary such sums as may be nec- this Act, the Comptroller General of the out subsection (b)— essary for each of the fiscal years 2007 United States shall submit to the appro- (i) $178,400,000 for fiscal year 2007; and through 2011 to carry out this section. priate congressional committees a report on (ii) $276,000,000 for fiscal year 2008. the entire process for the adjudication of an (B) AVAILABILITY OF FUNDS.—Amounts ap- SA 3198. Mr. ISAKSON submitted an application for naturalization filed pursuant propriated pursuant to subparagraph (A) amendment intended to be proposed to shall remain available until expended. to section 328 or 329 of the Immigration and amendment SA 3192 submitted by Mr. Nationality Act (8 U.S.C. 1439 or 1440), in- SPECTER (for himself, Mr. LEAHY, and cluding the process that begins at the time SA 3196. Mr. ISAKSON submitted an the application is mailed to, or received by, amendment intended to be proposed by Mr. HAGEL) to the bill S. 2454, to amend the Secretary, regardless of whether the Sec- him to the bill S. 2454, to amend the the Immigration and Nationality Act retary determines that such application is Immigration and Nationality Act to to provide for comprehensive reform complete, through the final disposition of provide for comprehensive reform and and for other purposes; which was or- such application. Such report shall include for other purposes; which was ordered dered to lie on the table; as follows: shall include a description of— to lie on the table; as follows: On page 7, between lines 12 and 13, insert (1) the methods of the Secretary and the the following: Secretary of Defense to prepare, handle, and At the appropriate place, insert the fol- (3) EMPLOYMENT OF RETIRED LAW ENFORCE- adjudicate such applications; lowing: MENT OFFICERS.— (2) the effectiveness of the chain of author- SEC. ll. BORDER SECURITY CERTIFICATION. (A) STUDY.—The Secretary shall conduct a ity, supervision, and training of employees of Notwithstanding any other provision of study of the feasibility of hiring, on a part- the Government or of other entities, includ- law, beginning on the date of the enactment time basis, retired Federal law enforcement ing contract employees, who have any role in of this Act, the Secretary may not imple- officers to supplement the capabilities of the the such process or adjudication; and ment a new H–2C guest worker program, a Bureau of Customs and Border Protection (3) the ability of the Secretary and the new conditional nonimmigrant work author- and the Bureau of Immigration and Customs Secretary of Defense to use technology to fa- ization program, or any similar or subse- Enforcement. cilitate or accomplish any aspect of such quent program authorizing the employment (B) REPORT.—Not later than 180 days after process or adjudication. of alien workers until the Secretary provides the date of the enactment of this Act, the (b) IMPLEMENTATION.— written certification to the President and Secretary shall submit a report, in classified (1) STUDY.—The Comptroller General of the the Congress that the borders of the United form, if necessary, to the appropriate con- United States shall conduct a study on the States are reasonably sealed and secured. gressional committees. The report shall in- implementation of this title by the Sec- clude— retary and the Secretary of Defense, includ- SA 3197. Mr. ISAKSON submitted an (i) the results of the study conducted under ing studying any technology that may be amendment intended to be proposed to subparagraph (A); and used to improve the efficiency of the natu- amendment SA 3192 submitted by Mr. (ii) a plan to implement a program that ralization process for members of the Armed SPECTER (for himself, Mr. LEAHY, and employs retired Federal law enforcement of- Forces. Mr. HAGEL) to the bill S. 2454, to amend ficers for border security, if the Secretary (2) REPORT.—Not later than 180 days after the Immigration and Nationality Act determines that such plan is feasible. the date that the Comptroller General sub- (C) IMPLEMENTATION.—If the Secretary de- mits the report required by subsection (a), to provide for comprehensive reform termines that the plan described in subpara- the Comptroller General shall submit to the and for other purposes; which was or- graph (B)(ii) is feasible, the Secretary shall appropriate congressional committees a re- dered to lie on the table; as follows: implement the plan not later than 90 days port on the study required by paragraph (1). On page 13, between lines 20 and 21, insert after the submission of the report to Con- The report shall include any recommenda- the following: gress under subparagraph (B). tions of the Comptroller General for improv- SEC. 107. STATE AND LOCAL GRANTS. (D) AUTHORIZATION OF APPROPRIATIONS.— ing the implementation of this title by the (a) GRANTS AUTHORIZED.—The Secretary There are authorized to be appropriated to Secretary or the Secretary of Defense. shall award competitive grants to eligible the Secretary such sums as may be nec- (c) APPROPRIATE CONGRESSIONAL COMMIT- State, local, and tribal law enforcement essary for each of the fiscal years 2007 TEES DEFINED.—In this section, the term agencies to provide financial assistance for through 2011 to carry out this paragraph. ‘‘appropriate congressional committees’’ costs related to border security activities, means— including efforts to combat criminal activity SA 3199. Mr. ISAKSON submitted an (1) the Committee on Armed Services and within the jurisdiction of such agencies. the Committee on the Judiciary of the Sen- (b) USE OF FUNDS.—Grants awarded under amendment intended to be proposed to ate; and this section shall be used to provide addi- amendment SA 3192 submitted by Mr. (2) the Committee on Armed Services and tional resources for law enforcement agen- SPECTER (for himself, Mr. LEAHY, and the Committee on the Judiciary of the House cies to combat criminal activity occurring Mr. HAGEL) to the bill S. 2454, to amend of Representatives. near the border, including— the Immigration and Nationality Act (1) law enforcement technologies; to provide for comprehensive reform SA 3195. Mr. ISAKSON submitted an (2) equipment, such as police-type vehicles, amendment intended to be proposed to and for other purposes; which was or- all-terrain vehicles, firearms, sensors, cam- dered to lie on the table; as follows: amendment SA 3192 submitted by Mr. eras, and lighting, and maintenance for such SPECTER (for himself, Mr. LEAHY, and equipment; On page 7, line 13, strike ‘‘(b)’’ and insert Mr. HAGEL) to the bill S. 2454, to amend (3) computer equipment; and the following: the Immigration and Nationality Act (4) such other resources that may be avail- (b) RECRUITMENT AND RETENTION PRO- GRAM.— to provide for comprehensive reform able to assist the law enforcement agency with border security. (1) IMPLEMENTATION.—The Secretary shall and for other purposes; which was or- (c) APPLICATION.—A law enforcement agen- conduct a 5-year program to facilitate the dered to lie on the table; as follows: cy desiring a grant under this section shall recruitment and retention of agents within On page 11, strike lines 4 through 7 and in- submit an application to the Secretary at the Bureau of Customs and Border Protec- sert the following: such time, in such manner, and containing tion and the Bureau of Immigration and Cus- (b) UNMANNED AERIAL VEHICLES AND ASSO- such information as the Secretary may re- toms Enforcement. CIATED INFRASTRUCTURE.—The Secretary quire. (2) REPORT.—Not less frequently than once shall acquire and maintain MQ–9 unmanned (d) SELECTION CRITERIA.—In selecting grant every 90 days during the 5-year period of the aerial vehicles for use on the border, includ- recipients under this section, the Secretary program authorized under paragraph (1), the ing related equipment such as— shall give priority to applicants providing Secretary shall submit a report on the re- (1) additional sensors; law enforcement for jurisdictions that— sults and progress of the program, in classi- (2) critical spares; (1) are close to the border; fied form, if necessary, to the appropriate (3) satellite command and control; and (2) have small populations; congressional committees. (4) other necessary equipment for oper- (3) have more felony criminal cases filed (3) AUTHORIZATION OF APPROPRIATIONS.— ational support. per United States district court judge; There are authorized to be appropriated to

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the Secretary such sums as may be nec- (b) INFRASTRUCTURE REPORT.—The Admin- ‘‘§ 162. Official government activities in essary for each of the fiscal years 2007 istrator of General Services shall submit an English through 2011 to carry out this subsection. annual report to Congress that— ‘‘The Government of the United States (c) (1) describes the status of the infrastruc- shall conduct its official business in English, ture at ports of entry into the United States; including publications, income tax forms, SA 3200. Mr. ISAKSON submitted an and and informational materials. amendment intended to be proposed to (2) identifies projects to improve security ‘‘§ 163. Preserving and enhancing the role of at such ports of entry. amendment SA 3192 submitted by Mr. the official language SPECTER (for himself, Mr. LEAHY, and (c) VULNERABILITY REPORT.—Not less frequently than once every 6 months, the Sec- ‘‘The Government of the United States Mr. HAGEL) to the bill S. 2454, to amend shall preserve and enhance the role of the Immigration and Nationality Act retary shall submit a report, in classified form if necessary, to the appropriate con- English as the official language of the United to provide for comprehensive reform gressional committees on vulnerabilities at States of America. Unless specifically stated and for other purposes; which was or- ports of entry into the United States. in applicable law, no person has a right, entitlement, or claim to have the Government of dered to lie on the table; as follows: (d) DEMONSTRATION PROGRAMS.—The Sec- the United States or any of its officials or On page 11, strike lines 4 through 7 and in- retary shall establish demonstration pro- representatives act, communicate, perform sert the following: grams to evaluate and assess border security or provide services, or provide materials in (b) FEDERAL LAW ENFORCEMENT TRAINING and port of entry technologies. any language other than English. If excep- CENTER INFRASTRUCTURE IMPROVEMENTS.— (e) AUTHORIZATION OF APPROPRIATIONS.— The Secretary shall make necessary im- There are authorized to be appropriated such tions are made, that does not create a legal provements to the following law enforce- sums as may be necessary for each of the fis- entitlement to additional services in that ment training facilities: cal years 2007 through 2011 to carry out this language or any language other than (1) The Federal Law Enforcement Training section. English. If any forms are issued by the Fed- Center in Glynco, Georgia. eral government in a language other than English (or such forms are completed in a (2) The residential training sites located in SA 3203. Mr. ISAKSON submitted an Artesia, New Mexico and Charleston, South language other than English), the English amendment intended to be proposed to language version of the form is the sole au- Carolina. amendment SA 3192 submitted by Mr. (3) The inservice requalification training thority for all legal purposes. SPECTER (for himself, Mr. LEAHY, and facility located in Cheltenham, Maryland. (c) AUTHORIZATION OF APPROPRIATIONS.— Mr. HAGEL) to the bill S. 2454, to amend SA 3205. Mr. INHOFE submitted an There are authorized to be appropriated to the Immigration and Nationality Act amendment intended to be proposed to the Secretary such sums as may be nec- to provide for comprehensive reform amendment SA 3192 submitted by Mr. essary for each of the fiscal years 2007 and for other purposes; which was or- SPECTER (for himself, Mr. LEAHY, and through 2011 to carry out this section. dered to lie on the table; as follows: Mr. HAGEL) to the bill S. 2454, to amend the Immigration and Nationality Act SA 3201. Mr. ISAKSON submitted an At the appropriate place, insert the following: to provide for comprehensive reform amendment intended to be proposed to SEC. ll. COMPREHENSIVE IMMIGRATION EFFI- and for other purposes; which was or- amendment SA 3192 submitted by Mr. CIENCY REVIEW. dered to lie on the table; as follows: SPECTER (for himself, Mr. LEAHY, and (a) REVIEW.—The Secretary, in consulta- On page 54, after line 23, add the following: Mr. HAGEL) to the bill S. 2454, to amend tion with the Secretary of State, shall con- Subtitle E—National Border Neighborhood the Immigration and Nationality Act duct a comprehensive review of the immigra- Watch Program to provide for comprehensive reform tion procedures in existence as of the date of the enactment of this Act. SEC. 151. NATIONAL BORDER NEIGHBORHOOD and for other purposes; which was or- WATCH PROGRAM. (b) REPORT.—Not later than 90 days after dered to lie on the table; as follows: The Commissioner of the United States the date of the enactment of this Act, the On page 11, strike lines 4 through 7 and in- Customs and Border Protection (referred to Secretary shall submit to Congress a report, sert the following: in this subtitle as the ‘‘USCBP’’) shall estab- in classified form, if necessary, that— (b) DETENTION FACILITIES.— lish a National Border Neighborhood Watch (1) identifies inefficient immigration pro- (1) CONSTRUCTION.—The Attorney General Program (referred to in this subtitle as the cedures; and shall plan, construct, maintain, and acquire ‘‘NBNW Program’’) to permit retired law en- (2) outlines a plan to improve the effi- additional detention facilities for the pur- forcement officers and civilian volunteers to ciency and responsiveness of the immigra- pose of immigration detention and removal. combat illegal immigration into the United tion process. (2) USE OF CLOSED OR UNUSED MILITARY IN- States. STALLATIONS.—The Secretary, in consulta- SEC. 152. BRAVE FORCE. tion with the Secretary of Defense, shall SA 3204. Mr. INHOFE submitted an amendment intended to be proposed to (a) ESTABLISHMENT.—There is established conduct a study of the feasibility of using in the USCBP a Border Regiment Assisting military installations designated for closure amendment SA 3192 submitted by Mr. in Valuable Enforcement Force (referred to or realignment as possible immigration de- SPECTER (for himself, Mr. LEAHY, and in this subtitle as ‘‘BRAVE Force’’), which tention facilities. Mr. HAGEL) to the bill S. 2454, to amend shall consist of retired law enforcement offi- (c) AUTHORIZATION OF APPROPRIATIONS.— the Immigration and Nationality Act cers, to carry out the NBNW Program. There are authorized to be appropriated such to provide for comprehensive reform (b) RETIRED LAW ENFORCEMENT OFFICER sums as may be necessary for each of the fis- and for other purposes; which was or- DEFINED.—In this section, the term ‘‘retired cal years 2007 through 2011 to carry out this dered to lie on the table; as follows: law enforcement officer’’ means an indi- section. vidual who— At the appropriate place, insert the fol- (1) has retired from employment as a Fed- SA 3202. Mr. ISAKSON submitted an lowing: eral, State, or local law enforcement officer; amendment intended to be proposed to SEC. ll. NATIONAL LANGUAGE ACT OF 2006. and amendment SA 3192 submitted by Mr. (a) SHORT TITLE.—This section may be (2) has not reached the Social Security re- SPECTER (for himself, Mr. LEAHY, and cited as the ‘‘National Language Act of tirement age (as defined in section 216(l) of Mr. HAGEL, to the bill S. 2454, to amend 2006’’. the Social Security Act (42 U.S.C. 416(l)). the Immigration and Nationality Act (b) ENGLISH AS OFFICIAL LANGUAGE.— (c) EFFECT ON PERSONNEL CAPS.—Employ- to provide for comprehensive reform (1) IN GENERAL.—Title 4, United States ees of BRAVE Force hired to carry out the Code, is amended by adding at the end the NBNW Program shall be considered as addi- and for other purposes; which was or- following new chapter: tional agents and shall not count against the dered to lie on the table; as follows: ‘‘CHAPTER 6—LANGUAGE OF THE USCBP personnel limits. On page 11, strike lines 13 through 20 and GOVERNMENT (d) RETIRED ANNUITANTS.—An employee of insert the following: BRAVE Force who has worked for the Fed- ‘‘Sec SEC. 105. PORTS OF ENTRY. eral Government shall be considered a re- ‘‘161. Declaration of official language (a) CONSTRUCTION; IMPROVEMENTS.—The hired annuitant and shall have no reduction ‘‘162. Official Government activities in Secretary is authorized to— in annuity as a result of salary payment for English (1) construct additional ports of entry such employees’ service in the NBNW Pro- ‘‘163. Preserving and enhancing the role of along the international land borders of the gram. the official language United States, at locations to be determined SEC. 153. CIVILIAN VOLUNTEERS. ‘‘164. Exceptions by the Secretary; and (a) IN GENERAL.—The USCBP shall provide (2) make necessary improvements to the ‘‘§ 161. Declaration of official language the opportunity for civilian volunteers to as- ports of entry in existence on the date of the ‘‘English shall be the official language of sist in carrying out the purposes of the enactment of this Act. the Government of the United States. NBNW Program.

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(d) REIMBURSEMENT.—A civilian volunteer SEC. ll. BORDER SECURITY CERTIFICATION. ‘‘(II) The employment requirement in participating in the NBNW Program shall be Notwithstanding any other provision of clause (i)(II) shall be reduced for an indi- eligible for reimbursement by the USCBP for law, beginning on the date of the enactment vidual who cannot demonstrate employment expenses related to carrying out the duties of this Act, the Secretary may not imple- based on a physical or mental disability or of the NBNW Program. ment a new H–2C guest worker program, a as a result of pregnancy. SEC. 154. LIABILITY OF BRAVE FORCE EMPLOY- new conditional nonimmigrant work author- ‘‘(III) The employment requirement in EES AND CIVILIAN VOLUNTEERS. ization program, any Title IV provisions, or clause (i)(II) shall be reduced for an indi- (a) CIVILIANS.—A civilian volunteer partici- any similar or subsequent program author- vidual who is under 20 years of age on the izing the employment of alien workers until pating in the NBNW Program shall not be date of enactment of the Immigrant Ac- the Secretary provides written certification entitled to any immunity from personal li- countability Act of 2006 by a period of time to the President and the Congress that the ability by virtue of the volunteer’s participa- equal to the time period beginning on such borders of the United States are reasonably tion in the NBNW Program. date of enactment and ending on the date on sealed and secured, and that Title I border (b) EMPLOYEES.—An employee of the which the individual reaches 20 years of age. security provisions are implemented. BRAVE Force shall not be liable for the ac- ‘‘(IV) The employment requirements in tions of a civilian volunteer participating in clause (i) shall be reduced by 1 year for each the NBNW Program. SA 3209. Mr. HAGEL submitted an amendment intended to be proposed by year of full time post-secondary study in the SEC. 155. AUTHORIZATION OF APPROPRIATIONS. United States during the relevant period. him to the bill S. 2454, to amend the There are authorized to be appropriated ‘‘(iii) PORTABILITY.—An alien shall not be such sums as may be necessary to carry out Immigration and Nationality Act to required to complete the employment re- this subtitle. provide for comprehensive reform and quirements in clause (i) with the same em- for other purposes; which was ordered ployer. SA 3206. Mr. KYL (for himself and to lie on the table; as follows: ‘‘(iv) EVIDENCE OF EMPLOYMENT.— Mr. CORNYN) proposed an amendment At the appropriate place, insert the fol- ‘‘(I) CONCLUSIVE DOCUMENTS.—For purposes to amendment SA 3192 submitted by lowing: of satisfying the requirements in clause (i), Mr. SPECTER (for himself, Mr. LEAHY, SEC. ll. ACCESS TO EARNED ADJUSTMENT AND the alien shall submit at least 2 of the fol- and Mr. HAGEL) to the bill S. 2454, to MANDATORY DEPARTURE AND RE- lowing documents for each period of employ- amend the Immigration and Nation- ENTRY. ment, which shall be considered conclusive ality Act to provide for comprehensive (a) SHORT TITLE.—This section may be evidence of such employment: reform and for other purposes; as fol- cited as the ‘‘Immigrant Accountability Act ‘‘(aa) Records maintained by the Social Se- of 2006’’. curity Administration. lows: (b) ADJUSTMENT OF STATUS.— ‘‘(bb) Records maintained by an employer, On page 329, line 11, insert ‘‘(other than (1) IN GENERAL.—Chapter 5 of title II (8 such as pay stubs, time sheets, or employ- subparagraph (C)(i)(II) of such paragraph U.S.C. 1255 et seq.) is amended by inserting ment work verification. (9))’’ after ‘‘212(a)’’. after section 245A the following: ‘‘(cc) Records maintained by the Internal On page 330, strike lines 10 through 15, and ‘‘SEC. 245B. ACCESS TO EARNED ADJUSTMENT. Revenue Service. insert the following: ‘‘(a) ADJUSTMENT OF STATUS.— ‘‘(dd) Records maintained by a union or ‘‘(3) INELIGIBILITY.—An alien is ineligible ‘‘(1) PRINCIPAL ALIENS.—Notwithstanding day labor center. for conditional nonimmigrant work author- any other provision of law, the Secretary of ‘‘(ee) Records maintained by any other ization and status under this section if— Homeland Security shall adjust to the status government agency, such as worker com- ‘‘(A) the alien is subject to a final order of of an alien lawfully admitted for permanent pensation records, disability records, or busi- removal under section 217, 235, 238, or 240; residence, an alien who satisfies the fol- ness licensing records. ‘‘(B) the alien failed to depart the United lowing requirements: ‘‘(II) OTHER DOCUMENTS.—Aliens unable to States during the period of a voluntary de- ‘‘(A) APPLICATION.—The alien shall file an submit documents described in subclause (I) parture order entered under section 240B; application establishing eligibility for ad- shall submit at least 3 other types of reliable ‘‘(C) the Secretary of Homeland Security justment of status and pay the fine required documents, including sworn declarations, for determines that— under subsection (m) and any additional each period of employment to satisfy the re- ‘‘(i) the alien, having been convicted by a amounts owed under that subsection. quirement in clause (i). final judgment of a serious crime, con- ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— ‘‘(III) INTENT OF CONGRESS.—It is the intent stitutes a danger to the community of the ‘‘(i) IN GENERAL.—The alien shall establish of Congress that the requirement in clause United States; that the alien— (i) be interpreted and implemented in a man- ‘‘(ii) there are reasonable grounds for be- ‘‘(I) was physically present in the United ner that recognizes and takes into account lieving that the alien has committed a seri- States on or before the date that is 5 years the difficulties encountered by aliens in ob- ous crime outside the United States prior to before the date of introduction of the Immi- taining evidence of employment due to the the arrival of the alien in the United States; grant Accountability Act of 2006; undocumented status of the alien. or ‘‘(II) was not legally present in the United ‘‘(v) BURDEN OF PROOF.—An alien applying ‘‘(iii) there are reasonable grounds for re- States on such date of introduction; and for adjustment of status under this sub- garding the alien as a danger to the security ‘‘(III) did not depart from the United section has the burden of proving by a pre- of the United States; States during the 5-year period ending on ponderance of the evidence that the alien has ‘‘(D) the alien has been convicted of any such date of introduction, except for brief, satisfied the employment requirements in felony or three or more misdemeanors; or casual, and innocent departures. clause (i). An alien may satisfy such burden ‘‘(ii) LEGALLY PRESENT.—For purposes of of proof by producing sufficient evidence to SA 3207. Mr. CORNYN proposed an this subparagraph, an alien who has violated show the extent of that employment as a amendment to amendment SA 3206 pro- any conditions of his or her visa shall be con- matter of just and reasonable inference. posed by Mr. KYL (for himself and Mr. sidered not to be legally present in the Once the burden is met, the burden shall CORNYN) to the amendment SA 3192 United States. shift to the Secretary of Homeland Security submitted by Mr. SPECTER (for himself, ‘‘(C) ADMISSIBLE UNDER IMMIGRATION to disprove the alien’s evidence with a show- Mr. LEAHY, and Mr. HAGEL) to the bill LAWS.—The alien shall establish that the ing which negates the reasonableness of the S. 2454, to amend the Immigration and alien is not inadmissible under section 212(a) inference to be drawn from the evidence. Nationality Act to provide for com- except for any provision of that section that ‘‘(E) PAYMENT OF INCOME TAXES.—Not later is waived under subsection (b) of this sec- than the date on which status is adjusted prehensive reform and for other pur- tion. under this subsection, the alien shall estab- poses; as follows: ‘‘(D) EMPLOYMENT IN UNITED STATES.— lish the payment of all Federal and State in- At the end of the amendment add the fol- ‘‘(i) IN GENERAL.—The alien shall have been come taxes owed for employment during the lowing: employed in the United States, in the aggre- period of employment required under sub- This provision shall become effective 1 day gate, for— paragraph (D)(i). The alien may satisfy such after enactment. ‘‘(I) at least 3 years during the 5-year pe- requirement by establishing that— riod ending on the date of introduction of ‘‘(i) no such tax liability exists; SA 3208. Mr. ISAKSON submitted an the Immigrant Accountability Act of 2006; ‘‘(ii) all outstanding liabilities have been amendment intended to be proposed by and met; or

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‘‘(iii) the alien has entered into an agree- spouse or parent who adjusts status or is eli- ‘‘(5) SPECIAL RULE FOR INDIVIDUALS WHERE ment for payment of all outstanding liabil- gible to adjust status to that of a permanent THERE IS NO COMMERCIAL PURPOSE.—An alien ities with the Internal Revenue Service and resident under paragraph (1). is not ineligible for adjustment of status with the department of revenue of each ‘‘(ii) APPLICATION OF OTHER LAW.—In acting under subsection (a) by reason of a ground of State to which taxes are owed. on applications filed under this paragraph inadmissibility under section 212(a)(6)(E) if ‘‘(F) BASIC CITIZENSHIP SKILLS.— with respect to aliens who have been bat- the alien establishes that the action referred ‘‘(i) IN GENERAL.—Except as provided in tered or subjected to extreme cruelty, the to in that section was taken for humani- clause (ii), the alien shall demonstrate that Secretary of Homeland Security shall apply tarian purposes, to ensure family unity, or the alien either— the provisions of section 204(a)(1)(J) and the was otherwise in the public interest. ‘‘(I) meets the requirements of section protections, prohibitions, and penalties ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— 312(a) (relating to minimal understanding of under section 384 of the Illegal Immigration Section 241(a)(5) and section 240B(d) shall not ordinary English and a knowledge and under- Reform and Immigrant Responsibility Act of apply with respect to an alien who is apply- standing of the history and Government of 1996 (8 U.S.C. 1367). ing for adjustment of status under sub- the United States); or ‘‘(B) GROUNDS OF INADMISSIBILITY NOT AP- section (a). ‘‘(II) is satisfactorily pursuing a course of PLICABLE.—In establishing admissibility to ‘‘(c) TREATMENT OF APPLICANTS.— study, recognized by the Secretary of Home- the United States, the spouse or child de- ‘‘(1) IN GENERAL.—An alien who files an ap- land Security, to achieve such understanding scribed in subparagraph (A) shall establish plication under subsection (a)(1)(A) for ad- of English and the history and Government that they are not inadmissible under section justment of status, including a spouse or of the United States. 212(a), except for any provision of that sec- child who files for adjustment of status ‘‘(ii) EXCEPTIONS.— tion that is waived under subsection (b) of under subsection (b)— ‘‘(I) MANDATORY.—The requirements of this section. ‘‘(A) shall be granted employment author- clause (i) shall not apply to any person who ‘‘(C) SECURITY AND LAW ENFORCEMENT ization pending final adjudication of the is unable to comply with those requirements CLEARANCE.—The spouse or child, if that alien’s application for adjustment of status; because of a physical or developmental dis- child is 14 years of age or older, described in ‘‘(B) shall be granted permission to travel ability or mental impairment. subparagraph (A) shall submit fingerprints abroad pursuant to regulation pending final ‘‘(II) DISCRETIONARY.—The Secretary of in accordance with procedures established by adjudication of the alien’s application for ad- Homeland Security may waive all or part of the Secretary of Homeland Security. Such justment of status; the requirements of clause (i) in the case of fingerprints shall be submitted to relevant ‘‘(C) shall not be detained, determined in- an alien who is 65 years of age or older as of Federal agencies to be checked against exist- admissible or deportable, or removed pend- the date of the filing of the application for ing databases for information relating to ing final adjudication of the alien’s applica- adjustment of status. criminal, national security, or other law en- tion for adjustment of status, unless the ‘‘(G) SECURITY AND LAW ENFORCEMENT forcement actions that would render the alien commits an act which renders the alien CLEARANCES.—The alien shall submit finger- alien ineligible for adjustment of status ineligible for such adjustment of status; and prints in accordance with procedures estab- under this subsection. The relevant Federal ‘‘(D) shall not be considered an unauthor- lished by the Secretary of Homeland Secu- agencies shall work to ensure that such ized alien as defined in section 274A(h)(3) rity. Such fingerprints shall be submitted to clearances are completed within 90 days of until such time as employment authoriza- relevant Federal agencies to be checked the submission of fingerprints. An appeal of tion under subparagraph (A) is denied. against existing databases for information a denial by the Secretary of Homeland Secu- ‘‘(2) DOCUMENT OF AUTHORIZATION.—The relating to criminal, national security, or rity shall be processed through the Depart- Secretary of Homeland Security shall pro- other law enforcement actions that would ment of Homeland Security. vide each alien described in paragraph (1) render the alien ineligible for adjustment of ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI- with a counterfeit-resistant document of au- status under this subsection. The relevant TATIONS.—When an alien is granted lawful thorization that— Federal agencies shall work to ensure that permanent resident status under this sub- ‘‘(A) meets all current requirements estab- such clearances are completed within 90 days section, the number of immigrant visas au- lished by the Secretary of Homeland Secu- of the submission of fingerprints. An appeal thorized to be issued under any provision of rity for travel documents, including the re- of a security clearance determination by the this Act shall not be reduced. quirements under section 403 of the Illegal Secretary of Homeland Security shall be Immigration Reform and Immigrant Respon- ‘‘(b) GROUNDS OF INADMISSIBILITY.— processed through the Department of Home- sibility Act of 1996 (8 U.S.C. 1324a note); and ‘‘(1) APPLICABLE PROVISIONS.—In the deter- land Security. ‘‘(B) reflects the benefits and status set mination of an alien’s admissibility under ‘‘(H) MILITARY SELECTIVE SERVICE.—The forth in paragraph (1). alien shall establish that if the alien is with- paragraphs (1)(C) and (2) of subsection (a), ‘‘(3) SECURITY AND LAW ENFORCEMENT in the age period required under the Military the following provisions of section 212(a) CLEARANCE.—Before an alien is granted em- shall apply and may not be waived by the Selective Service Act (50 U.S.C. App. 451 et ployment authorization or permission to Secretary of Homeland Security under para- seq.) that such alien has registered under travel under paragraph (1), the alien shall be that Act. graph (3)(A): required to undergo a name check against ‘‘(I) ADJUSTMENT OF STATUS.—An alien may ‘‘(A) Paragraph (1) (relating to health). existing databases for information relating not adjust to an immigrant classification ‘‘(B) Paragraph (2) (relating to criminals). to criminal, national security, or other law under this section until after the earlier of— ‘‘(C) Paragraph (3) (relating to security and enforcement actions. The relevant Federal ‘‘(i) the consideration of all applications related grounds). agencies shall work to ensure that such filed under section 201, 202, or 203 before the ‘‘(D) Subparagraphs (A) and (C) of para- name checks are completed not later than 90 date of enactment of this section; or graph (10) (relating to polygamists and child days after the date on which the name check ‘‘(ii) 8 years after the date of enactment of abductors). is requested. this section. ‘‘(2) GROUNDS OF INADMISSIBILITY NOT AP- ‘‘(4) TERMINATION OF PROCEEDINGS.—An ‘‘(2) SPOUSES AND CHILDREN.— PLICABLE.—The provisions of paragraphs (5), alien in removal proceedings who establishes ‘‘(A) IN GENERAL.— (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and prima facie eligibility for adjustment of sta- ‘‘(i) ADJUSTMENT OF STATUS.—Notwith- (10)(B) of section 212(a) shall not apply to an tus under subsection (a) shall be entitled to standing any other provision of law, the Sec- alien who is applying for adjustment of sta- termination of the proceedings pending the retary of Homeland Security shall, if other- tus under subsection (a). outcome of the alien’s application, unless wise eligible under subparagraph (B), adjust ‘‘(3) WAIVER OF OTHER GROUNDS.— the removal proceedings are based on crimi- the status to that of a lawful permanent ‘‘(A) IN GENERAL.—Except as provided in nal or national security grounds. resident for— paragraph (1), the Secretary of Homeland Se- ‘‘(d) APPREHENSION BEFORE APPLICATION ‘‘(I) the spouse, or child who was under 21 curity may waive any provision of section PERIOD.—The Secretary of Homeland Secu- years of age on the date of enactment of the 212(a) in the case of individual aliens for hu- rity shall provide that in the case of an alien Immigrant Accountability Act of 2006, of an manitarian purposes, to ensure family unity, who is apprehended before the beginning of alien who adjusts status or is eligible to ad- or when it is otherwise in the public interest. the application period described in sub- just status to that of a permanent resident ‘‘(B) CONSTRUCTION.—Nothing in this para- section (a) and who can establish prima facie under paragraph (1); or graph shall be construed as affecting the au- eligibility to have the alien’s status adjusted ‘‘(II) an alien who, within 5 years preceding thority of the Secretary of Homeland Secu- under that subsection (but for the fact that the date of enactment of the Immigrant Ac- rity, other than under this subparagraph, to the alien may not apply for such adjustment countability Act of 2006, was the spouse or waive the provisions of section 212(a). until the beginning of such period), until the child of an alien who adjusts status to that ‘‘(4) SPECIAL RULE FOR DETERMINATION OF alien has had the opportunity during the of a permanent resident under paragraph (1), PUBLIC CHARGE.—An alien is not ineligible for first 180 days of the application period to if— adjustment of status under subsection (a) by complete the filing of an application for ad- ‘‘(aa) the termination of the qualifying re- reason of a ground of inadmissibility under justment, the alien may not be removed lationship was connected to domestic vio- section 212(a)(4) if the alien establishes a his- from the United States unless the alien is re- lence; or tory of employment in the United States evi- moved on the basis that the alien has en- ‘‘(bb) the spouse or child has been battered dencing self-support without public cash as- gaged in criminal conduct or is a threat to or subjected to extreme cruelty by the sistance. the national security of the United States.

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‘‘(e) CONFIDENTIALITY OF INFORMATION.— under subsection (a). Such an alien shall not section, unless such removal is based on ‘‘(1) IN GENERAL.—Except as otherwise pro- be required, as a condition of submitting or criminal or national security grounds. vided in this section, no Federal agency or granting such application, to file a separate ‘‘(k) DISSEMINATION OF INFORMATION ON AD- bureau, nor any officer or employee of such motion to reopen, reconsider, or vacate the JUSTMENT PROGRAM.—During the 12 months agency or bureau, may— exclusion, deportation, removal or voluntary following the issuance of final regulations in ‘‘(A) use the information furnished by the departure order. If the Secretary of Home- accordance with subsection (o), the Sec- applicant pursuant to an application filed land Security grants the application, the retary of Homeland Security, in cooperation under paragraph (1) or (2) of subsection (a) order shall be canceled. If the Secretary of with approved entities, approved by the Sec- for any purpose other than to make a deter- Homeland Security renders a final adminis- retary of Homeland Security, shall broadly mination on the application; trative decision to deny the application, disseminate information respecting adjust- ‘‘(B) make any publication through which such order shall be effective and enforceable. ment of status under this section and the re- the information furnished by any particular Nothing in this paragraph shall affect the requirements to be satisfied to obtain such sta- applicant can be identified; or view or stay of removal under subsection (j). tus. The Secretary of Homeland Security shall also disseminate information to em- ‘‘(C) permit anyone other than the sworn ‘‘(2) STAY OF REMOVAL.—The filing of an ap- officers and employees of such agency, bu- plication described in paragraph (1) shall ployers and labor unions to advise them of reau, or approved entity, as approved by the stay the removal or detainment of the alien the rights and protections available to them and to workers who file applications under Secretary of Homeland Security, to examine pending final adjudication of the application, this section. Such information shall be individual applications that have been filed. unless the removal or detainment of the broadly disseminated, in the languages spo- ‘‘(2) REQUIRED DISCLOSURES.—The Sec- alien is based on criminal or national secu- ken by the top 15 source countries of the retary of Homeland Security and the Sec- rity grounds. retary of State shall provide the information aliens who would qualify for adjustment of ‘‘(i) APPLICATION OF OTHER PROVISIONS.— status under this section, including to tele- furnished pursuant to an application filed Nothing in this section shall preclude an under paragraph (1) or (2) of subsection (a), vision, radio, and print media such aliens alien who may be eligible to be granted ad- would have access to. and any other information derived from such justment of status under subsection (a) from ‘‘(l) EMPLOYER PROTECTIONS.— furnished information, to a duly recognized seeking such status under any other provi- ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em- law enforcement entity in connection with a sion of law for which the alien may be eligi- ployers of aliens applying for adjustment of criminal investigation or prosecution or a ble. status under this section shall not be subject national security investigation or prosecu- ‘‘(j) ADMINISTRATIVE AND JUDICIAL RE- to civil and criminal tax liability relating dition, in each instance about an individual VIEW.— rectly to the employment of such alien. suspect or group of suspects, when such in- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.— formation is requested in writing by such en- this subsection, there shall be no administra- Employers that provide unauthorized aliens tity. tive or judicial review of a determination re- with copies of employment records or other ‘‘(3) CRIMINAL PENALTY.—Any person who specting an application for adjustment of evidence of employment pursuant to an ap- knowingly uses, publishes, or permits infor- status under subsection (a). plication for adjustment of status under this mation to be examined in violation of this ‘‘(2) ADMINISTRATIVE REVIEW.— section or any other application or petition subsection shall be fined not more than ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE AP- pursuant to other provisions of the immigra- $10,000. PELLATE REVIEW.—The Secretary of Home- tion laws, shall not be subject to civil and ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN land Security shall establish an appellate criminal liability pursuant to section 274A APPLICATIONS.— authority to provide for a single level of ad- for employing such unauthorized aliens. ‘‘(1) CRIMINAL PENALTY.— ministrative appellate review of a deter- ‘‘(3) APPLICABILITY OF OTHER LAW.—Noth- ‘‘(A) VIOLATION.—It shall be unlawful for mination respecting an application for ad- ing in this subsection shall be used to shield any person to— justment of status under subsection (a). an employer from liability pursuant to sec- ‘‘(i) file or assist in filing an application ‘‘(B) STANDARD FOR REVIEW.—Administra- tion 274B or any other labor and employment for adjustment of status under this section tive appellate review referred to in subpara- law provisions. and knowingly and willfully falsify, conceal, graph (A) shall be based solely upon the ad- ‘‘(m) AUTHORIZATION OF FUNDS; FINES.— or cover up a material fact or make any ministrative record established at the time ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— false, fictitious, or fraudulent statements or of the determination on the application and There are authorized to be appropriated to representations, or make or use any false upon the presentation of additional or newly the Department of Homeland Security such writing or document knowing the same to discovered evidence during the time of the sums as are necessary to commence the proc- contain any false, fictitious, or fraudulent pending appeal. essing of applications filed under this sec- statement or entry; or tion. ‘‘(3) JUDICIAL REVIEW.— ‘‘(ii) create or supply a false writing or ‘‘(2) FINE.—An alien who files an applica- ‘‘(A) DIRECT REVIEW.—A person whose ap- document for use in making such an applica- plication for adjustment of status under sub- tion under this section shall pay a fine com- tion. mensurate with levels charged by the De- section (a) is denied after administrative ap- ‘‘(B) PENALTY.—Any person who violates partment of Homeland Security for other appellate review under paragraph (2) may seek subparagraph (A) shall be fined in accord- plications for adjustment of status. review of such denial, in accordance with ance with title 18, United States Code, or im- ‘‘(3) ADDITIONAL AMOUNTS OWED.—Prior to chapter 7 of title 5, United States Code, be- prisoned not more than 5 years, or both. the adjudication of an application for adjust- fore the United States district court for the ‘‘(2) INADMISSIBILITY.—An alien who is con- ment of status filed under this section, the district in which the person resides. victed of a crime under paragraph (1) shall be alien shall pay an amount equaling $2,000, ‘‘(B) REVIEW AFTER REMOVAL PRO- considered to be inadmissible to the United but such amount shall not be required from CEEDINGS.—There shall be judicial review in States. an alien under the age of 18. the Federal courts of appeal of the denial of ‘‘(3) EXCEPTION.—Notwithstanding para- ‘‘(4) USE OF AMOUNTS COLLECTED.—The Sec- an application for adjustment of status graphs (1) and (2), any alien or other entity retary of Homeland Security shall deposit under subsection (a) in conjunction with ju- (including an employer or union) that sub- payments received under this subsection in dicial review of an order of removal, deporta- mits an employment record that contains in- the Immigration Examinations Fee Account, tion, or exclusion, but only if the validity of correct data that the alien used in order to and these payments in such account shall be the denial has not been upheld in a prior ju- obtain such employment, shall not have vio- available, without fiscal year limitation, dicial proceeding under subparagraph (A). lated this subsection. such that— ‘‘(g) INELIGIBILITY FOR PUBLIC BENEFITS.— Notwithstanding any other provision of law, ‘‘(A) 80 percent of such funds shall be avail- For purposes of section 403 of the Personal the standard for review of such a denial shall able to the Department of Homeland Secu- Responsibility and Work Opportunity Rec- be governed by subparagraph (C). rity for border security purposes; onciliation Act of 1996 (8 U.S.C. 1613), an ‘‘(C) STANDARD FOR JUDICIAL REVIEW.—Ju- ‘‘(B) 10 percent of such funds shall be avail- alien whose status has been adjusted in ac- dicial review of a denial of an application able to the Department of Homeland Secu- cordance with subsection (a) shall not be eli- under this section shall be based solely upon rity for implementing and processing appli- gible for any Federal means-tested public the administrative record established at the cations under this section; and benefit unless the alien meets the alien eligi- time of the review. The findings of fact and ‘‘(C) 10 percent of such funds shall be avail- bility criteria for such benefit under title IV other determinations contained in the record able to the Department of Homeland Secu- of such Act (8 U.S.C. 1601 et seq.). shall be conclusive unless the applicant can rity and the Department of State to cover ‘‘(h) RELATIONSHIPS OF APPLICATION TO establish abuse of discretion or that the find- administrative and other expenses incurred CERTAIN ORDERS.— ings are directly contrary to clear and con- in connection with the review of applications ‘‘(1) IN GENERAL.—An alien who is present vincing facts contained in the record, consid- filed by immediate relatives as a result of in the United States and has been ordered ered as a whole. the amendments made by title II of the Im- excluded, deported, removed, or to depart ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad- migrant Accountability Act of 2006. voluntarily from the United States or is sub- ministrative or judicial review under this ‘‘(n) MANDATORY DEPARTURE AND RE- ject to reinstatement of removal under any subsection shall not be removed from the ENTRY.—Any alien who is physically present provision of this Act may, notwithstanding United States until a final decision is ren- in the United States on the date of introduc- such order, apply for adjustment of status dered establishing ineligibility under this tion of the Immigrant Accountability Act of

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Access to Earned Adjustment.’’. ‘‘(ii) has not assisted in the persecution of application and any attached evidence for any person or persons on account of race, re- law enforcement purposes. (c) MANDATORY DEPARTURE AND REENTRY.— ligion, nationality, membership in a par- ‘‘(c) IMPLEMENTATION AND APPLICATION (1) IN GENERAL.—Chapter 5 of title II (8 ticular social group, or political opinion. TIME PERIODS.— U.S.C. 1255 et seq.), as amended by this title, ‘‘(B) GROUNDS NOT APPLICABLE.—The provi- ‘‘(1) IN GENERAL.—The Secretary of Home- is further amended by inserting after section sions of paragraphs (5), (6)(A), and (7) of sec- land Security shall ensure that the applica- 245B the following: tion 212(a) shall not apply. tion process is secure and incorporates anti- ‘‘SEC. 245C. MANDATORY DEPARTURE AND RE- ‘‘(C) WAIVER.—The Secretary of Homeland fraud protection. The Secretary of Homeland ENTRY. Security may waive any other provision of Security shall interview an alien to deter- ‘‘(a) IN GENERAL.—The Secretary of Home- section 212(a), or a ground of ineligibility mine eligibility for Deferred Mandatory De- land Security may grant Deferred Manda- under paragraph (4), in the case of individual parture status and shall utilize biometric au- tory Departure status to aliens who are in aliens for humanitarian purposes, to assure thentication at time of document issuance. the United States illegally to allow such family unity, or when it is otherwise in the ‘‘(2) INITIAL RECEIPT OF APPLICATIONS.—The aliens time to depart the United States and public interest. Secretary of Homeland Security shall begin to seek admission as a nonimmigrant or im- ‘‘(4) INELIGIBLE.—The alien is ineligible for accepting applications for Deferred Manda- migrant alien. Deferred Mandatory Departure status if the tory Departure status not later than 3 ‘‘(b) REQUIREMENTS.—An alien desiring an alien— months after the date on which the applica- adjustment of status under subsection (a) ‘‘(A) has been ordered excluded, deported, tion form is first made available. shall meet the following requirements: removed, or to depart voluntarily from the ‘‘(3) APPLICATION.—An alien must submit ‘‘(1) PRESENCE.—The alien shall establish United States; or an initial application for Deferred Manda- that the alien— ‘‘(B) fails to comply with any request for tory Departure status not later than 6 ‘‘(A) was physically present in the United information by the Secretary of Homeland months after the date on which the applica- States on the date of introduction of the Im- Security. tion form is first made available. An alien migrant Accountability Act of 2006; ‘‘(5) MEDICAL EXAMINATION.—The alien may that fails to comply with this requirement is ‘‘(B) has been continuously in the United be required, at the alien’s expense, to under- ineligible for Deferred Mandatory Departure States since such date, except for brief, cas- go such a medical examination (including a status. ual, and innocent departures; and determination of immunization status) as is ‘‘(4) COMPLETION OF PROCESSING.—The Sec- ‘‘(C) was not legally present in the United appropriate and conforms to generally ac- retary of Homeland Security shall ensure States on that date under any classification cepted professional standards of medical that all applications for Deferred Mandatory set forth in section 101(a)(15). practice. Departure status are processed not later ‘‘(2) EMPLOYMENT.— ‘‘(6) TERMINATION.—The Secretary of than 12 months after the date on which the ‘‘(A) IN GENERAL.—The alien shall establish Homeland Security may terminate an alien’s application form is first made available. that the alien— Deferred Mandatory Departure status if— ‘‘(d) SECURITY AND LAW ENFORCEMENT ‘‘(i) was employed in the United States, ‘‘(A) the Secretary of Homeland Security BACKGROUND CHECKS.—An alien may not be whether full time, part time, seasonally, or determines that the alien was not in fact eli- granted Deferred Mandatory Departure sta- self-employed, before the date on which the gible for such status; or tus unless the alien submits biometric data Secure America and Orderly Immigration ‘‘(B) the alien commits an act that makes in accordance with procedures established by Act was introduced; and the alien removable from the United States. the Secretary of Homeland Security. The ‘‘(ii) has been employed in the United ‘‘(7) APPLICATION CONTENT AND WAIVER.— Secretary of Homeland Security may not States since that date. ‘‘(A) APPLICATION FORM.—The Secretary of grant Deferred Mandatory Departure status ‘‘(B) EVIDENCE OF EMPLOYMENT.— Homeland Security shall create an applica- until all appropriate background checks are ‘‘(i) IN GENERAL.—An alien may conclu- tion form that an alien shall be required to completed to the satisfaction of the Sec- sively establish employment status in com- complete as a condition of obtaining De- retary of Homeland Security. pliance with subparagraph (A) by submitting ferred Mandatory Departure status. ‘‘(e) ACKNOWLEDGMENT.— to the Secretary of Homeland Security ‘‘(B) CONTENT.—In addition to any other in- ‘‘(1) IN GENERAL.—An alien who applies for records demonstrating such employment formation that the Secretary requires to de- Deferred Mandatory Departure status shall maintained by— termine an alien’s eligibility for Deferred submit to the Secretary of Homeland Secu- ‘‘(I) the Social Security Administration, Mandatory Departure, the Secretary shall rity— Internal Revenue Service, or by any other require an alien to answer questions con- ‘‘(A) an acknowledgment made in writing Federal, State, or local government agency; cerning the alien’s physical and mental and under oath that the alien— ‘‘(II) an employer; or health, criminal history, gang membership, ‘‘(i) is unlawfully present in the United ‘‘(III) a labor union, day labor center, or an renunciation of gang affiliation, immigra- States and subject to removal or deporta- organization that assists workers in matters tion history, involvement with groups or in- tion, as appropriate, under this Act; and related to employment. dividuals that have engaged in terrorism, ‘‘(ii) understands the terms of the terms of ‘‘(ii) OTHER DOCUMENTS.—An alien who is genocide, persecution, or who seek the over- Deferred Mandatory Departure; unable to submit a document described in throw of the United States Government, ‘‘(B) any Social Security account number subclauses (I) through (III) of clause (i) may voter registration history, claims to United or card in the possession of the alien or re- satisfy the requirement in subparagraph (A) States citizenship, and tax history. lied upon by the alien; by submitting to the Secretary at least 2 ‘‘(C) WAIVER.—The Secretary of Homeland ‘‘(C) any false or fraudulent documents in other types of reliable documents that pro- Security shall require an alien to include the alien’s possession. vide evidence of employment, including— with the application a waiver of rights that ‘‘(2) USE OF INFORMATION.—None of the doc- ‘‘(I) bank records; explains to the alien that, in exchange for uments or other information provided in ac- ‘‘(II) business records; the discretionary benefit of obtaining De- cordance with paragraph (1) may be used in ‘‘(III) sworn affidavits from nonrelatives ferred Mandatory Departure status, the alien a criminal proceeding against the alien pro- who have direct knowledge of the alien’s agrees to waive any right to administrative viding such documents or information. work; or or judicial review or appeal of an immigra- ‘‘(f) MANDATORY DEPARTURE.— ‘‘(IV) remittance records. tion officer’s determination as to the alien’s ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(iii) INTENT OF CONGRESS.—It is the intent eligibility, or to contest any removal action, land Security shall grant Deferred Manda- of Congress that the requirement in this sub- other than on the basis of an application for tory Departure status to an alien who meets section be interpreted and implemented in a asylum or restriction of removal pursuant to the requirements of this section for a period manner that recognizes and takes into ac- the provisions contained in section 208 or not to exceed 3 years.

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‘‘(2) REGISTRATION AT TIME OF DEPAR- integrated-circuit technology into the docu- ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien TURE.—An alien granted Deferred Mandatory ment. The Secretary of Homeland Security granted Deferred Mandatory Departure sta- Departure shall— shall consult with the Forensic Document tus must be employed while in the United ‘‘(A) depart from the United States before Laboratory in designing the document. The States. An alien who fails to be employed for the expiration of the period of Deferred Man- document may serve as a travel, entry, and 60 days is ineligible for hire until the alien datory Departure status; work authorization document during the pe- has departed the United States and reen- ‘‘(B) register with the Secretary of Home- riod of its validity. The document may be ac- tered. The Secretary of Homeland Security land Security at the time of departure; and cepted by an employer as evidence of em- may reauthorize an alien for employment ‘‘(C) surrender any evidence of Deferred ployment authorization and identity under without requiring the alien’s departure from Mandatory Departure status at the time of section 274A(b)(1)(B). the United States. departure. ‘‘(h) TERMS OF STATUS.— ‘‘(m) ENUMERATION OF SOCIAL SECURITY ‘‘(3) APPLICATION FOR READMISSION.—An ‘‘(1) REPORTING.—During the period of De- NUMBER.—The Secretary of Homeland Secu- alien under this section may apply for ad- ferred Mandatory Departure, an alien shall rity, in coordination with the Commissioner mission to the United States as an immi- comply with all registration requirements of the Social Security system, shall imple- grant or nonimmigrant while in the United under section 264. ment a system to allow for the enumeration States or from any location outside of the ‘‘(2) TRAVEL.— of a Social Security number and production United States, but may not be granted ad- ‘‘(A) An alien granted Deferred Mandatory of a Social Security card at the time the mission until the alien has departed from the Departure is not subject to section 212(a)(9) Secretary of Homeland Security grants an United States in accordance with paragraph for any unlawful presence that occurred alien Deferred Mandatory Departure status. (2). prior to the Secretary of Homeland Security ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN ‘‘(4) EFFECT OF READMISSION ON SPOUSE OR granting the alien Deferred Mandatory De- APPLICATION FOR DEFERRED MANDATORY DE- CHILD.—The spouse or child of an alien grant- parture status. PARTURE.— ed Deferred Mandatory Departure and subse- ‘‘(B) Under regulations established by the ‘‘(1) CRIMINAL PENALTY.— quently granted an immigrant or non- Secretary of Homeland Security, an alien ‘‘(A) VIOLATION.—It shall be unlawful for immigrant visa before departing the United granted Deferred Mandatory Departure— any person— States shall be— ‘‘(i) may travel outside of the United ‘‘(i) to file or assist in filing an application ‘‘(A) deemed to have departed under this States and may be readmitted if the period for adjustment of status under this section section upon the successful admission of the of Deferred Mandatory Departure status has and knowingly and willfully falsify, mis- principal alien; and not expired; and represent, conceal, or cover up a material ‘‘(B) eligible for the derivative benefits as- ‘‘(ii) must establish at the time of applica- fact or make any false, fictitious, or fraudu- sociated with the immigrant or non- tion for admission that the alien is admis- lent statements or representations, or make immigrant visa granted to the principal sible under section 212. or use any false writing or document know- alien without regard to numerical caps re- ing the same to contain any false, fictitious, ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED AD- lated to such visas. or fraudulent statement or entry; or MISSION.—Time spent outside the United ‘‘(5) WAIVERS.—The Secretary of Homeland States under subparagraph (B) shall not ex- ‘‘(ii) to create or supply a false writing or Security may waive the departure require- tend the period of Deferred Mandatory De- document for use in making such an applica- ment under this subsection if the alien— parture status. tion. ‘‘(A) is granted an immigrant or non- ‘‘(B) PENALTY.—Any person who violates ‘‘(3) BENEFITS.—During the period in which immigrant visa; and an alien is granted Deferred Mandatory De- subparagraph (A) shall be fined in accord- ‘‘(B) can demonstrate that the departure of parture under this section— ance with title 18, United States Code, im- the alien would create a substantial hardship ‘‘(A) the alien shall not be considered to be prisoned not more than 5 years, or both. on the alien or an immediate family member permanently residing in the United States ‘‘(2) INADMISSIBILITY.—An alien who is con- of the alien. under the color of law and shall be treated as victed of a crime under paragraph (1) shall be ‘‘(6) RETURN IN LEGAL STATUS.—An alien a nonimmigrant admitted under section 214; considered to be inadmissible to the United who complies with the terms of Deferred and States on the ground described in section Mandatory Departure status and who departs ‘‘(B) the alien may be deemed ineligible for 212(a)(6)(C)(i). before the expiration of such status— ‘‘(o) RELATION TO CANCELLATION OF RE- public assistance by a State (as defined in ‘‘(A) shall not be subject to section MOVAL.—With respect to an alien granted De- section 101(a)(36)) or any political subdivi- 212(a)(9)(B); and ferred Mandatory Departure status under sion thereof which furnishes such assistance. ‘‘(B) if otherwise eligible, may imme- this section, the period of such status shall ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR diately seek admission as a nonimmigrant or not be counted as a period of physical pres- ADJUSTMENT OF STATUS.—Before leaving the immigrant. ence in the United States for purposes of sec- United States, an alien granted Deferred ‘‘(7) FAILURE TO DEPART.—An alien who tion 240A(a), unless the Secretary of Home- Mandatory Departure status may not apply fails to depart the United States prior to the land Security determines that extreme hard- to change status under section 248. expiration of Mandatory Deferred Departure ship exists. status is not eligible and may not apply for ‘‘(j) APPLICATION FEE.— ‘‘(p) WAIVER OF RIGHTS.—An alien is not el- or receive any immigration relief or benefit ‘‘(1) IN GENERAL.—An alien seeking a grant igible for Deferred Mandatory Departure sta- under this Act or any other law for a period of Deferred Mandatory Departure status tus, unless the alien has waived any right to of 10 years, with the exception of section 208 shall submit, in addition to any other fees contest, other than on the basis of an appli- or 241(b)(3) or the Convention Against Tor- authorized by law, an application fee of cation for asylum, restriction of removal, or ture and Other Cruel, Inhuman or Degrading $1,000. protection under the Convention Against Treatment or Punishment, done at New ‘‘(2) USE OF FEE.—The fees collected under Torture and Other Cruel, Inhuman or De- York December 10, 1984, in the case of an paragraph (1) shall be available for use by grading Treatment or Punishment, done at alien who indicates either an intention to the Secretary of Homeland Security for ac- New York December 10, 1984, or cancellation apply for asylum under section 208 or a fear tivities to identify, locate, or remove illegal of removal pursuant to section 240A(a), any of persecution or torture. aliens. action for deportation or removal of the ‘‘(k) FAMILY MEMBERS.— ‘‘(8) PENALTIES FOR DELAYED DEPARTURE.— alien that is instituted against the alien sub- An alien who fails to depart immediately ‘‘(1) IN GENERAL.—Subject subsection (f)(4), sequent to a grant of Deferred Mandatory shall be subject to— the spouse or child of an alien granted De- Departure status. ‘‘(A) no fine if the alien departs not later ferred Mandatory Departure status is subject ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.— than 1 year after the grant of Deferred Man- to the same terms and conditions as the The determination of whether an alien is eli- datory Departure; principal alien. gible for a grant of Deferred Mandatory De- ‘‘(B) a fine of $2,000 if the alien does not de- ‘‘(2) APPLICATION FEE.— parture status is solely within the discretion part within 2 years after the grant of De- ‘‘(A) IN GENERAL.—The spouse or child of of the Secretary of Homeland Security. Not- ferred Mandatory Departure; and an alien seeking Deferred Mandatory Depar- withstanding any other provision of law, no ‘‘(C) a fine of $3,000 if the alien does not de- ture status shall submit, in addition to any court shall have jurisdiction to review— part within 3 years after the grant of De- other fee authorized by law, an additional fee ‘‘(1) any judgment regarding the granting ferred Mandatory Departure. of $500. of relief under this section; or ‘‘(g) EVIDENCE OF DEFERRED MANDATORY ‘‘(B) USE OF FEE.—The fees collected under ‘‘(2) any other decision or action of the DEPARTURE STATUS.—Evidence of Deferred subparagraph (A) shall be available for use Secretary of Homeland Security the author- Mandatory Departure status shall be ma- by the Secretary of Homeland Security for ity for which is specified under this section chine-readable and tamper-resistant, shall activities to identify, locate, or remove to be in the discretion of the Secretary, allow for biometric authentication, and shall aliens who are removable under section 237. other than the granting of relief under sec- comply with the requirements under section ‘‘(l) EMPLOYMENT.— tion 208(a). 403 of the Illegal Immigration Reform and ‘‘(1) IN GENERAL.—An alien who has applied ‘‘(r) JUDICIAL REVIEW.— Immigrant Responsibility Act of 1996 (8 for or has been granted Deferred Mandatory ‘‘(1) LIMITATIONS ON RELIEF.—Without re- U.S.C. 1324a note). The Secretary of Home- Departure status may be employed in the gard to the nature of the action or claim and land Security is authorized to incorporate United States. without regard to the identity of the party

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or parties bringing the action, no court (1) EXEMPTION OF IMMEDIATE RELATIVES (ii) by redesignating subparagraphs (C) and may— FROM FAMILY SPONSORED IMMIGRANT CAP.— (D) as subparagraphs (A) and (B), respec- ‘‘(A) enter declaratory, injunctive, or other Section 201(c)(1)(A) (8 U.S.C. 1151(c)(1)(A)) is tively; and equitable relief in any action pertaining to— amended by striking clauses (i), (ii), and (iii) (iii) in subparagraph (A), as redesignated, ‘‘(i) an order or notice denying an alien a and inserting the following: by striking ‘‘section 203(a)(2)(B)’’ and insert- grant of Deferred Mandatory Departure sta- ‘‘(i) 480,000, minus ing ‘‘section 203(a)(2)’’; and tus or any other benefit arising from such ‘‘(ii) the number computed under para- (B) in subsection (e), in the flush matter status; or graph (3), plus following paragraph (3), by striking ‘‘, or as ‘‘(ii) an order of removal, exclusion, or de- ‘‘(iii) the number (if any) computed under limiting the number of visas that may be portation entered against an alien after a paragraph (2).’’. issued under section 203(a)(2)(A) pursuant to grant of Deferred Mandatory Departure sta- (2) TECHNICAL AND CONFORMING AMEND- subsection (a)(4)(A)’’. tus; or MENTS.—Section 201(c) (8 U.S.C. 1151(c)) is (5) ALLOCATION OF IMMIGRATION VISAS.— ‘‘(B) certify a class under Rule 23 of the amended— Section 203(h) (8 U.S.C. 1153(h)) is amended— Federal Rules of Civil Procedure in any ac- (A) by striking paragraph (2); and (A) in paragraph (1)— tion for which judicial review is authorized (B) by redesignating paragraphs (3), (4), (i) in the matter preceding subparagraph under a subsequent paragraph of this sub- and (5) as paragraphs (2), (3), and (4), respec- (A), by striking ‘‘subsections (a)(2)(A) and section. tively. (d)’’ and inserting ‘‘subsection (d)’’; (ii) in subparagraph (A), by striking ‘‘be- ‘‘(2) CHALLENGES TO VALIDITY.— (b) RECLASSIFICATION OF SPOUSES AND comes available for such alien (or, in the ‘‘(A) IN GENERAL.—Any right or benefit not MINOR CHILDREN OF LEGAL PERMANENT RESI- case of subsection (d), the date on which an otherwise waived or limited pursuant this DENTS AS IMMEDIATE RELATIVES.— immigrant visa number became available for section is available in an action instituted in (1) IMMEDIATE RELATIVES.—Section the alien’s parent),’’ and inserting ‘‘became the United States District Court for the Dis- 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is available for the alien’s parent,’’; and trict of Columbia, but shall be limited to de- amended— (iii) in subparagraph (B), by striking ‘‘ap- terminations of— (A) in the first sentence, by inserting ‘‘or plicable’’; ‘‘(i) whether such section, or any regula- the spouses and children of aliens lawfully (B) in paragraph (2), by striking ‘‘The petition issued to implement such section, vio- admitted for permanent residence,’’ after lates the Constitution of the United States; tion’’ and all that follows through the period ‘‘United States,’’; and inserting ‘‘The petition described in this or (B) in the second sentence— ‘‘(ii) whether such a regulation, or a writ- paragraph is a petition filed under section (i) by inserting ‘‘or lawful permanent resi- 204 for classification of the alien’s parent ten policy directive, written policy guide- dent’’ after ‘‘citizen’’ each place that term line, or written procedure issued by or under under subsection (a), (b), or (c).’’; and appears; and (C) in paragraph (3), by striking ‘‘sub- the authority of the Secretary of Homeland (ii) by inserting ‘‘or lawful permanent resi- Security to implement such section, is not sections (a)(2)(A) and (d)’’ and inserting dent’s’’ after ‘‘citizen’s’’ each place that ‘‘subsection (d)’’. consistent with applicable provisions of this term appears; section or is otherwise in violation of law.’’. (6) PROCEDURE FOR GRANTING IMMIGRANT (C) in the third sentence, by inserting ‘‘or STATUS.—Section 204 (8 U.S.C. 1154) is amend- (2) TABLE OF CONTENTS.—The table of con- the lawful permanent resident loses lawful ed— tents (8 U.S.C. 1101 et seq.), as amended by permanent resident status’’ after ‘‘United (A) in subsection (a)(1)— this title, is further amended by inserting States citizenship’’; and (i) in subparagraph (A)— after the item relating to section 245B the (D) by adding at the end the following: ‘‘A (I) in clause (iii)— following: spouse or child, as defined in subparagraph (aa) by inserting ‘‘or legal permanent resi- ‘‘245C. Mandatory Departure and Reentry.’’. (A), (B), (C), (D), or (E) of section 101(b)(1), dent’’ after ‘‘citizen’’ each place that term (3) CONFORMING AMENDMENT.—Section shall be entitled to the same status, and the appears; and 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) same order of consideration provided in the (bb) in subclause (II)(aa)(CC)(bbb), by in- is amended by inserting ‘‘(or 6 months in the respective subsection, if accompanying or serting ‘‘or legal permanent resident’’ after case of an alien granted Deferred Mandatory following to join the spouse or parent. The ‘‘citizenship’’; Departure status under section 245C)’’ after same treatment shall apply to parents of (II) in clause (iv)— ‘‘imposed’’. citizens of the United States being entitled (aa) by inserting ‘‘or legal permanent resi- (4) STATUTORY CONSTRUCTION.—Nothing in to the same status, and the same order of dent’’ after ‘‘citizen’’ each place that term this subsection, or any amendment made by consideration provided in the respective sub- appears; and this subsection, shall be construed to create section, if accompanying or following to join (bb) by inserting ‘‘or legal permanent resi- any substantive or procedural right or ben- their daughter or son.’’. dent’’ after ‘‘citizenship’’; efit that is legally enforceable by any party (2) ALLOCATION OF IMMIGRANT VISAS.—Sec- (III) in clause (v)(I), by inserting ‘‘or legal against the United States or its agencies or tion 203(a) (8 U.S.C. 1153(a)) is amended— permanent resident’’ after ‘‘citizen’’; and officers or any other person. (A) in paragraph (1), by striking ‘‘23,400’’ (IV) in clause (vi)— (5) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘38,000’’; (aa) by inserting ‘‘or legal permanent resi- There are authorized to be appropriated such (B) by striking paragraph (2) and inserting dent status’’ after ‘‘renunciation of citizen- amounts as may be necessary for facilities, the following: ship’’; and personnel (including consular officers), ‘‘(2) UNMARRIED SONS AND UNMARRIED (bb) by inserting ‘‘or legal permanent resi- training, technology, and processing nec- DAUGHTERS OF PERMANENT RESIDENT dent’’ after ‘‘abuser’s citizenship’’; essary to carry out the amendments made by ALIENS.—Qualified immigrants who are the (ii) by striking subparagraph (B); this subsection. unmarried sons or unmarried daughters (but (iii) by redesignating subparagraphs (C) (d) CORRECTION OF SOCIAL SECURITY are not the children) of an alien lawfully ad- through (J) as subparagraphs (B) through (I), RECORDS.—Section 208(e)(1) of the Social Se- mitted for permanent residence shall be allo- respectively; curity Act (42 U.S.C. 408(e)(1)) is amended— cated visas in a number not to exceed 60,000 (iv) in subparagraph (B), as so redesig- (1) in subparagraph (B)(ii), by striking ‘‘or’’ plus the number (if any) by which such nated, by striking ‘‘subparagraph (A)(iii), at the end; worldwide level exceeds 226,000, plus any (A)(iv), (B)(ii), or (B)(iii)’’ and inserting (2) in subparagraph (C), by inserting ‘‘or’’ visas not required for the class specified in ‘‘clause (iii) or (iv) of subparagraph (A)’’; and at the end; paragraph (1).’’; (v) in subparagraph (I), as so redesig- (3) by inserting after subparagraph (C) the (C) in paragraph (3), by striking ‘‘23,400’’ nated— following: and inserting ‘‘38,000’’; and (I) by striking ‘‘or clause (ii) or (iii) of sub- ‘‘(D) whose status is adjusted to that of (D) in paragraph (4), by striking ‘‘65,000’’ paragraph (B)’’; and lawful permanent resident under section and inserting ‘‘90,000’’. (II) by striking ‘‘under subparagraphs (C) 245B of the Immigration and Nationality (3) RULES FOR DETERMINING WHETHER CER- and (D)’’ and inserting ‘‘under subparagraphs Act,’’; and TAIN ALIENS ARE IMMEDIATE RELATIVES.—Sec- (B) and (C)’’; (4) by striking ‘‘1990.’’ and inserting ‘‘1990, tion 201(f) of the Immigration and Nation- (B) by striking subsection (a)(2); or in the case of an alien described in sub- ality Act (8 U.S.C. 1151(f)) is amended— (C) in subsection (h), by striking ‘‘or a pe- paragraph (D), if such conduct is alleged to (A) in paragraph (1), by striking ‘‘para- tition filed under subsection (a)(1)(B)(ii)’’; have occurred prior to the date on which the graphs (2) and (3),’’ and inserting ‘‘paragraph and alien became lawfully admitted for tem- (2),’’; (D) in subsection (j), by striking ‘‘sub- porary residence.’’. (B) by striking paragraph (2); and section (a)(1)(D)’’ and inserting ‘‘subsection On page ll, strike line l and all that fol- (C) by redesignating paragraph (3) as para- (a)(1)(C)’’. lows through page ll, line l, and insert graph (2). (c) EXCEPTIONS.—Section 212(a)(9)(B)(iii) (8 the following: (4) NUMERICAL LIMITATION TO ANY SINGLE U.S.C. 1182(a)(9)(B)(iii)) is amended by adding SEC. ll. FAMILY REUNIFICATION. FOREIGN STATE.—Section 202 (8 U.S.C. 1152) is at the end the following: (a) TREATMENT OF IMMEDIATE RELATIVES amended— ‘‘(V) SPOUSES, CHILDREN, AND PARENTS.— WITH RESPECT TO THE FAMILY IMMIGRATION (A) in subsection (a)(4)— The provisions of this subparagraph and sub- CAP.— (i) by striking subparagraphs (A) and (B); paragraph (C)(i)(I) shall be waived for

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BORDER RELIEF GRANT PROGRAM. (e) AUTHORIZATION OF APPROPRIATIONS.— ability Act of 2006, or who are derivative (a) GRANTS AUTHORIZED.— (1) IN GENERAL.—There are authorized to be beneficiaries of such a petition.’’. (1) IN GENERAL.—The Secretary is author- appropriated $50,000,000 for each of fiscal ized to award grants to an eligible law en- years 2007 through 2011 to carry out the pro- SA 3210. Mr. BINGAMAN proposed an forcement agency to provide assistance to visions of this section. amendment to amendment SA 3192 sub- such agency to address— (2) DIVISION OF AUTHORIZED FUNDS.—Of the mitted by Mr. SPECTER (for himself, (A) criminal activity that occurs in the ju- amounts authorized under paragraph (1)— Mr. LEAHY, and Mr. HAGEL) to the bill risdiction of such agency by virtue of such (A) 2⁄3 shall be set aside for eligible law en- S. 2454, to amend the Immigration and agency’s proximity to the United States bor- forcement agencies located in the 6 States der; and Nationality Act to provide for com- with the largest number of undocumented (B) the impact of any lack of security alien apprehensions; and prehensive reform and for other pur- along the United States border. (B) 1⁄3 shall be set aside for areas des- poses; as follows: (2) DURATION.—Grants may be awarded ignated as a High Impact Area under sub- At the appropriate place, insert the fol- under this subsection during fiscal years 2007 section (d). lowing: through 2011. (f) SUPPLEMENT NOT SUPPLANT.—Amounts TITLE llBORDER LAW ENFORCEMENT (3) COMPETITIVE BASIS.—The Secretary appropriated for grants under this section RELIEF ACT shall award grants under this subsection on shall be used to supplement and not supplant a competitive basis, except that the Sec- SEC. ll01. SHORT TITLE. other State and local public funds obligated This title may be cited as the ‘‘Border Law retary shall give priority to applications for the purposes provided under this title. Enforcement Relief Act of 2006’’ from any eligible law enforcement agency SEC. ll04. ENFORCEMENT OF FEDERAL IMMI- serving a community— ll GRATION LAW. SEC. 02. FINDINGS. (A) with a population of less than 50,000; Congress finds the following: Nothing in this title shall be construed to and (1) It is the obligation of the Federal Gov- authorize State or local law enforcement (B) located no more than 100 miles from a ernment of the United States to adequately agencies or their officers to exercise Federal United States border with— secure the Nation’s borders and prevent the immigration law enforcement authority. (i) Canada; or flow of undocumented persons and illegal (ii) Mexico. drugs into the United States. SA 3211. Ms. COLLINS submitted an (b) USE OF FUNDS.—Grants awarded pursu- amendment intended to be proposed to (2) Despite the fact that the United States ant to subsection (a) may only be used to Border Patrol apprehends over 1,000,000 peo- provide additional resources for an eligible amendment SA 3192 submitted by Mr. ple each year trying to illegally enter the law enforcement agency to address criminal SPECTER (for himself, Mr. LEAHY, and United States, according to the Congres- activity occurring along any such border, in- Mr. HAGEL) to the bill S. 2454, to amend sional Research Service, the net growth in cluding— the Immigration and Nationality Act the number of unauthorized aliens has in- (1) to obtain equipment; to provide for comprehensive reform creased by approximately 500,000 each year. (2) to hire additional personnel; The Southwest border accounts for approxi- and for other purposes; which was or- (3) to upgrade and maintain law enforce- dered to lie on the table; as follows: mately 94 percent of all migrant apprehen- ment technology; sions each year. Currently, there are an esti- (4) to cover operational costs, including At the appropriate place, insert the fol- mated 11,000,000 unauthorized aliens in the overtime and transportation costs; and lowing: United States. (5) such other resources as are available to SEC. 232. NONIMMIGRANT ALIEN STATUS FOR (3) The border region is also a major cor- assist that agency. CERTAIN ATHLETES. ridor for the shipment of drugs. According to (c) APPLICATION.— (a) IN GENERAL.—Section 214(c)(4)(A) (8 the El Paso Intelligence Center, 65 percent of (1) IN GENERAL.—Each eligible law enforce- U.S.C. 1184(c)(4)(A)) is amended by striking the narcotics that are sold in the markets of ment agency seeking a grant under this sec- clauses (i) and (ii) and inserting the fol- the United States enter the country through tion shall submit an application to the Sec- lowing: the Southwest Border. retary at such time, in such manner, and ac- ‘‘(i)(I) performs as an athlete, individually (4) Border communities continue to incur companied by such information as the Sec- or as part of a group or team, at an inter- significant costs due to the lack of adequate retary may reasonably require. nationally recognized level of performance, border security. A 2001 study by the United (2) CONTENTS.—Each application submitted ‘‘(II) is a professional athlete, as defined in States-Mexico Border Counties Coalition pursuant to paragraph (1) shall— section 204(i)(2), found that law enforcement and criminal (A) describe the activities for which assist- ‘‘(III) performs as an athlete, or as a coach, justice expenses associated with illegal im- ance under this section is sought; and as part of a team or franchise that is located migration exceed $89,000,000 annually for the (B) provide such additional assurances as in the United States and a member of a for- Southwest border counties. the Secretary determines to be essential to eign league or association of 15 or more ama- (5) In August 2005, the States of New Mex- ensure compliance with the requirements of teur sports teams, if— ico and Arizona declared states of emergency this section. ‘‘(aa) the foreign league or association is in order to provide local law enforcement (d) DEFINITIONS.—For the purposes of this the highest level of amateur performance of immediate assistance in addressing criminal section: that sport in the relevant foreign country, activity along the Southwest border. (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— ‘‘(bb) participation in such league or asso- (6) While the Federal Government provides The term ‘‘eligible law enforcement agency’’ ciation renders players ineligible, whether States and localities assistance in covering means a tribal, State, or local law enforce- on a temporary or permanent basis, to earn costs related to the detention of certain ment agency— a scholarship in, or participate in, that sport criminal aliens and the prosecution of Fed- (A) located in a county no more than 100 at a college or university in the United eral drug cases, local law enforcement along miles from a United States border with— States under the rules of the National Colle- the border are provided no assistance in cov- (i) Canada; or giate Athletic Association (NCAA), and ering such expenses and must use their lim- (ii) Mexico; or ‘‘(cc) a significant number of the individ- ited resources to combat drug trafficking, (B) located in a county more than 100 miles uals who play in such league or association human smuggling, kidnappings, the destruc- from any such border, but where such county are drafted by a major sports league or a tion of private property, and other border-re- has been certified by the Secretary as a High minor league affiliate of such a sports lated crimes. Impact Area. league, or (7) The United States shares 5,525 miles of (2) HIGH IMPACT AREA.—The term ‘‘High ‘‘(IV) is a professional athlete or amateur border with Canada and 1,989 miles with Impact Area’’ means any county designated athlete who performs individually or as part Mexico. Many of the local law enforcement by the Secretary as such, taking into consid- of a group in a theatrical ice skating produc- agencies located along the border are small, eration— tion, and rural departments charged with patrolling (A) whether local law enforcement agen- ‘‘(ii) seeks to enter the United States tem- large areas of land. Counties along the cies in that county have the resources to porarily and solely for the purpose of per- Southwest United States-Mexico border are protect the lives, property, safety, or welfare forming— some of the poorest in the country and lack of the residents of that county; ‘‘(I) as such an athlete with respect to a the financial resources to cover the addi- (B) the relationship between any lack of specific athletic competition, or tional costs associated with illegal immigra- security along the United States border and ‘‘(II) in the case of an individual described tion, drug trafficking, and other border-re- the rise, if any, of criminal activity in that in clause (i)(IV), in a specific theatrical ice lated crimes. county; and skating production or tour.’’.

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(b) ADVISORY OPINIONS.—Section 214(c) (8 (A) specific recommendations to enhance gress referred to in subsection (a), a report U.S.C. 1184(c)) is amended— border security along the international bor- to determine whether the President is in (1) in paragraph (4)(D), by inserting ‘‘(other der between the State in which such Task compliance with this section. than with respect to aliens seeking entry Force is located and Mexico; and f under subclause (II), (III), or (IV) of subpara- (B) a request for financial and other re- graph (A)(i) of this paragraph),’’ after sources necessary to implement the rec- AUTHORITY FOR COMMITTEES TO ‘‘101(a)(15)(P)’’; and ommendations during the subsequent fiscal MEET (2) in paragraph (6)(A)(iii), by inserting year. COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘(other than with respect to aliens seeking (c) BORDER SECURITY GRANTS.— AFFAIRS (1) GRANTS AUTHORIZED.—The Secretary entry under subclause (II), (III), or (IV) of Mr. KYL. Mr. President, I ask unani- paragraph (4)(A)(i))’’ after ‘‘101(a)(15)(P)(i)’’. shall award a grant to each Task Force sub- (c) PETITIONS FOR MULTIPLE ALIENS.—Sec- mitting a request under subsection (b)(5)(B) mous consent that the Committee on tion 214(c)(4) (8 U.S.C. 1184(c)(4)) is amended to the extent that— Banking, Housing, and Urban Affairs by adding at the end the following new para- (A) sufficient funds are available; and be authorized to meet during the ses- graph: (B) the request is consistent with the Na- sion of the Senate on Thursday, March ‘‘(F) The Secretary of Homeland Security tion’s comprehensive border security strat- 30, 2006, at 10 a.m. to mark up an origi- shall permit a petition under this subsection egy. nal bill entitled ‘‘Foreign Investment to seek classification of more than one alien (2) MINIMUM AMOUNT.—Not less than 1 Task as a nonimmigrant under section and National Security Act of 2006.’’ Force in each of the States bordering Mexico The PRESIDING OFFICER. Without 101(a)(15)(P)(i)(a). The fee charged for such a shall be eligible to receive a grant under this petition may not be more than the fee subsection in an amount not less than objection, it is so ordered. charged for a petition seeking classification $500,000. COMMITTEE ON BANKING, HOUSING, AND URBAN of one such alien.’’. (3) REPORT.—Not later than 90 days after AFFAIRS (d) RELATIONSHIP TO OTHER PROVISIONS OF the end of each fiscal year for which Federal Mr. KYL. Mr. President, I ask unani- THE IMMIGRATION AND NATIONALITY ACT.— financial assistance or other resources were mous consent that the Committee on Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as received by a Task Force, the Task Force amended by subsection (c), is further amend- Banking, Housing, and Urban Affairs shall submit a report to the Secretary deed by adding at the end the following new be authorized to meet during the ses- scribing how such financial assistance or paragraph: sion of the Senate on March 30, 2006, at ‘‘(G) Notwithstanding any other provision other resources were used by the Task Force 2:30 p.m. to conduct a hearing on of this title, the Secretary of Homeland Se- and by the organizations that its members represent. ‘‘McKinney-Vento Act Reauthorization curity shall permit an athlete, or the em- and Consolidation of HUD’s Homeless ployer of an athlete, to seek admission to (d) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated Programs.’’ the United States for such athlete under a The PRESIDING OFFICER. Without provision of this Act other than section $10,000,000 for each of fiscal years 2007 101(a)(15)(P)(i).’’. through 2010 to carry out this section. objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND SA 3212. Mr. BINGAMAN submitted SA 3213. Mr. ALLARD submitted an TRANSPORTATION an amendment intended to be proposed amendment intended to be proposed to Mr. KYL. Mr. President, I ask unani- to amendment SA 3192 submitted by amendment SA 3192 submitted by Mr. mous consent that the Committee on Mr. SPECTER (for himself, Mr. LEAHY, SPECTER (for himself, Mr. LEAHY, and Commerce, Science, and Transpor- and Mr. HAGEL) to the bill S. 2454, to Mr. HAGEL) to the bill S. 2454, to amend tation be authorized to meet on Thurs- amend the Immigration and Nation- the Immigration and Nationality Act day, March 30, 2006, at 10 a.m., on pend- ality Act to provide for comprehensive to provide for comprehensive reform ing Committee business. reform and for other purposes; which and for other purposes; which was or- The PRESIDING OFFICER. Without was ordered to lie on the table; as fol- dered to lie on the table; as follows: objection, it is so ordered. lows: At the appropriate place, insert the fol- COMMITTEE ON COMMERCE, SCIENCE, AND At the appropriate place, insert the following: TRANSPORTATION lowing: SEC. ll. COMPREHENSIVE METHAMPHETAMINE Mr. KYL. Mr. President. I ask unani- SEC. ll. SOUTHWEST BORDER SECURITY TASK PLAN. mous consent that the Committee on FORCE. (a) IN GENERAL.—Not later than 90 days Commerce, Science, and Transpor- (a) SHORT TITLE.—This section may be after the date of enactment of this Act, the tation be authorized to meet on Thurs- President, in coordination with the Sec- cited as the ‘‘Southwest Border Security day, March 30, 2006, at 2:30 p.m., on Task Force Act of 2006’’. retary of State, the Attorney General, and (b) SOUTHWEST BORDER SECURITY TASK the Secretary of Homeland Security, shall Competition and Convergence. FORCE PROGRAM.— submit to the Chairman of Committee on the The PRESIDING OFFICER. Without (1) ESTABLISHMENT.—The Secretary shall Judiciary of the Senate and the Chairman of objection, it is so ordered. establish a Southwest Border Security Task the Committee on the Judiciary of the House COMMITTEE ON FOREIGN RELATIONS Force Program to— of Representatives a formal plan that out- Mr. KYL. Mr. President, I ask unani- (A) facilitate local participation in pro- lines the diplomatic, law enforcement, and mous consent that the Committee on viding recommendations regarding steps to other procedures that the Federal Govern- Foreign Relations be authorized to enhance border security; and ment should implement to reduce the (B) provide financial and other assistance amount of Methamphetamine being traf- meet during the session of the Senate in implementing such recommendations. ficked into the United States. on Thursday, March 30, 2006, at 9:30 (2) NUMBER.—In carrying out the program (b) CONTENTS OF PLAN.—The plan under a.m. to hold a hearing on The Hidden established under paragraph (1), the Sec- subsection (a) shall, at a minimum, include— Cost of Oil. retary shall establish at least 1 Border Secu- (1) a specific timeline for engaging elected The PRESIDING OFFICER. Without rity Task Force (referred to in this section and diplomatic officials in a bilateral process objection, it is so ordered. as a ‘‘Task Force’’) in each State that is ad- focused on developing a framework to reduce COMMITTEE ON THE JUDICIARY jacent to the international border between the inflow of Methamphetamine into the Mr. KYL. Mr. President, I ask unani- the United States and Mexico. United States; mous consent that the Committee on (3) MEMBERSHIP.—Each Task Force shall be (2) a specific plan to engage the 5 countries composed of representatives from— who export the most psuedoephedrine, ephed- the Judiciary be authorized to meet to (A) relevant Federal agencies; rine, phenylpropanolamine, and other such conduct a markup on Thursday, March (B) State and local law enforcement agen- Methamphetamine precursor chemicals dur- 30, 2006, at 9:30 a.m. in the Dirksen Sen- cies; ing calendar year preceding the year in ate Office Building Room 226. (C) State and local government; which the plan is prepared; and (D) community organizations; (3) a specific funding request that outlines Agenda (E) Indian tribes; and what, if any, additional appropriations are I. Nominations: Norman Randy (F) other interested parties. needed to secure the border, ports of entry, Smith to be U.S. Circuit Judge for the (4) CHAIRMAN.—Each Task Force shall se- or any other Methamphetamine trafficking Ninth Circuit; Michael A. Chagares to lect a Chairman from among its members. windows that are currently being exploited be United States Circuit Judge for the (5) RECOMMENDATIONS.—Not later than 9 by Methamphetamine traffickers. months after the date of enactment of this (c) GAO REPORT.—Not later than 100 days Third Circuit; Patrick J. Schiltz to be Act, and annually thereafter, each Task after the date of enactment of this Act, the U.S. District Court Judge for the Dis- Force shall submit a report to the Secretary Government Accountability Office shall pre- trict of Minnesota; Gray Hampton Mil- containing— pare and submit to the committees of Con- ler to be United States District Judge

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2674 CONGRESSIONAL RECORD — SENATE March 30, 2006 for the Southern District of Texas; Ste- on Disaster Prevention and Prediction feasibility study with respect to the ven G. Bradbury to be an Assistant At- be authorized to meet on Thursday, Mokelumne River, and for other pur- torney General for the Office of Legal March 30, 2006, at 11 a.m., on National poses. Counsel; Sharee M. Freeman to be Di- Polar-Orbiting Operational Environ- The PRESIDING OFFICER. Without rector, Community Relations Service, mental Satellite System (NPOESS) objection, it is so ordered. U.S. Department of Justice; Jeffrey L. Oversight. f Sedgwick to be Director of the Bureau The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR of Justice Statistics, U.S. Department objection, it is so ordered. of Justice. SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Mr. MCCAIN. Mr. President, I ask II. Bills: S. 1768, A bill to permit the MANAGEMENT, THE FEDERAL WORKFORCE AND unanimous consent that the following televising of Supreme Court pro- THE DISTRICT OF COLUMBIA Judiciary Committee detailees and in- ceedings—Specter, Leahy, Cornyn, Mr. KYL. Mr. President, I ask unani- terns be granted the privilege of the Grassley, Schumer, Feingold, Durbin; mous consent that the Subcommittee floor for the duration of debate on S. S. 829, Sunshine in the Courtroom Act on Oversight of Government Manage- 2454, the Comprehensive Immigration of 2005—Grassley, Schumer, Cornyn, ment, the Federal Workforce and the Reform Act of 2006: Kenneth Cohen, Leahy, Feingold, Durbin, Graham, District of Columbia be authorized to George Farmakides, and Robert New- DeWine, Specter; S. 489, Federal Con- meet on Thursday, March 30,2006 at 2:30 ell. sent Decree Fairness Act—Alexander, p.m, for a hearing entitled, ‘‘Fulfilling The PRESIDING OFFICER. Without Kyl, Cornyn, Graham, Hatch; S. 2039, the Promise? A Review of Veterans’ objection, it is so ordered. Prosecutors and Defenders Incentive Preference in the Federal Govern- f ment?’’ Act of 2005—Durbin, Specter, DeWine, AMERICAN DIABETES ALERT DAY Leahy, Kennedy, Feinstein, Feingold, The PRESIDING OFFICER. Without Schumer; S. 2292, A bill to provide re- objection, it is so ordered. Mr. FRIST. Mr. President, this week, lief for the Federal judiciary from ex- SUBCOMMITTEE ON PERSONNEL the National Medical Association spon- cessive rent charges—Specter, Leahy, Mr. KYL. Mr. President, I ask unani- sored American Diabetes Alert Day, Cornyn, Feinstein, Biden; S. 2453, Na- mous consent that the Subcommittee with the purpose of bringing the tional Security Surveillance Act of on Personnel be authorized to meet public’s attention to this distressingly 2006—Specter; S. 2455, Terrorist Sur- during the session of the Senate on prevalent disease. veillance Act of 2006—DeWine, Graham. March 30, 2006, at 2 p.m., in open ses- Approximately 20.8 million people in III. Matters: S.J. Res. 1, Marriage sion to receive testimony on reserve the United States have diabetes; 6.2 Protection Amendment—Allard, Ses- component personnel policies in review million, or about a third of that num- sions, Kyl, Hatch, Cornyn, Coburn, of the Defense authorization request ber, are unaware that they suffer from Brownback; S. Res. 398, A resolution for fiscal year 2007. the disease, although they have it. relating to the censure of George W. The PRESIDING OFFICER. Without Among African Americans, approxi- Bush; Feingold. objection, it is so ordered. mately 3.2 million people, age 20 or The PRESIDING OFFICER. Without SUBCOMMITTEE ON WATER AND POWER older, have diabetes, with as many as objection, it is so ordered. Mr. KYL. Mr. President, I ask unani- one-third of that number remaining mous consent that the Subcommittee undiagnosed. Yet the ravages of that COMMITTEE ON VETERANS’ AFFAIRS on Water and Power be authorized to disease, which can be quite silent at Mr. KYL. Mr. President, I ask unani- meet during the session of the Senate first, continue. mous consent that the Committee on on Thursday, March 30 at 2:30 p.m. These disparities also mean higher Veterans’ Affairs be authorized to meet The purpose of the hearing is to re- rates of heart disease, amputations, during the session of the Senate on ceive testimony on S. 1577, to facilitate loss of eyesight, and a host of other se- Thursday, March 30, 2006, to hear the the transfer of Spearfish Hydroelectric rious complications caused by diabetes. legislative presentations of the Na- Plant Number 1 to the city of Spear- African Americans are over two tional Association of State Directors of fish, SD; S. 1962 and H.R. 4000, bills to times as likely as non-Hispanic Whites Veterans Affairs, the AMVETS, the authorize the Secretary of the Interior to die from the disease. Today, nobody American Ex-Prisoners of War and the to revise certain repayment contracts knows exactly why, and it needs to be Vietnam Veterans of America. The with the Bostwick Irrigation District explored and it needs to be eliminated. hearing will take place in room 106 of in Nebraska, the Kansas Bostwick Irri- I strongly believe that the troubling the Dirksen Senate Office Building at gation District No. 2, the Frenchman- persistence of health disparities, these 10 a.m. Cambridge Irrigation District, and the gaps and differences that are based on The PRESIDING OFFICER. Without Webster Irrigation District No. 4, all a race, and even where you live at times, objection, it is so ordered. part of the Pick-Sloan Missouri Basin based on socioeconomic status—diabe- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Program; S. 2028, to provide for the re- tes being one example—is a national Mr. KYL. Mr. President, I ask unani- instatement of a license for a certain issue that almost by definition affects mous consent that the Permanent Sub- Federal Energy Regulatory Commis- us all. committee on Investigations be au- sion Project; S. 2035, to extend the time I congratulate the National Medical thorized to meet on Thursday, March required for construction of a hydro- Association, a very active organiza- 30, 2006, at 10 a.m., for a hearing enti- electric project in the State of Idaho; tion, a tremendous organization, for tled ‘‘Neutralizing The Nuclear and Ra- S. 2054, to direct the Secretary of the their outreach, which they have ex- diological Threat: Securing the Global Interior to conduct a study of water re- plored through conferences and Supply Chain (Part Two).’’ sources in the State of Vermont; S. through e-mail and direct mail, for The PRESIDING, OFFICER. Without 2205, to direct the Secretary of the In- raising this awareness. A third of the objection, it is so ordered. terior to convey certain parcels of land people don’t know they have diabetes. SELECT COMMITTEE ON INTELLIGENCE acquired for the Blunt Reservoir and All this is an issue of our common Mr. KYL. Mr. President, I ask unani- Pierre Canal features of the initial humanity, our oneness, and our com- mous consent that the Select Com- stage of the Oahe Unit, James Division, mitment to one another as deserving, mittee on Intelligence be authorized to SD, to the Commission of Schools and equal, and comparable citizens. Yet meet during the session of the Senate Public Lands and the Department of these disparities exist. Even if a person on March 30, 2006 at 2:30 p.m. to hold a Game, Fish, and Parks of the State of disagrees with my reasons, as others closed hearing. South Dakota for the purpose of miti- have pointed out, we all suffer the eco- The PRESIDING OFFICER. Without gating lost wildlife habitat, on the con- nomic consequences in higher insur- objection, it is so ordered. dition that the current preferential ance rates and a compromised health SUBCOMMITTEE ON DISASTER PREVENTION AND leaseholders shall have an option to system. PREDICTION purchase the parcels from the Commis- As a doctor, I have had the oppor- Mr. KYL. Mr. President. I ask unani- sion; and H.R. 3812, to authorize the tunity to interact with hundreds, actu- mous consent that the Subcommittee Secretary of the Interior to prepare a ally thousands, of patients with a

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — SENATE S2675 whole variety of health problems. Of- ORDERS FOR FRIDAY, MARCH 31, ANN M. BACHER, OF FLORIDA E. SCOTT BOZEK, OF VIRGINIA tentimes, these patients have heart 2006 DANIEL D. DEVITO, OF FLORIDA problems, cardiovascular problems, as Mr. FRIST. Mr. President, I ask NATIONAL OCEANIC AND ATMOSPHERIC a result of diabetic complications. unanimous consent that when the Sen- ADMINISTRATION Some of our patients with diabetes had ate completes its business today, it SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE to have heart transplants, developing a FOLLOWING FOR PERMANENT APPOINTMENT TO THE stand in adjournment until 9:30 a.m. on GRADES INDICATED IN THE NATIONAL OCEANIC AND AT- diabetes cardiomyopathy. That was in Friday, March 31. I further ask that MOSPHERIC ADMINISTRATION. medicine, but today in the Senate, as following the prayer and pledge, the To be lieutenant the majority leader, working with my morning hour be deemed expired, the colleagues, I have had the opportunity CHRISTIAAN H. VAN WESTENDORP Journal of proceedings be approved to To be ensign to address this issue through legisla- date, the time for the two leaders be tive remedies. MARY A. BARBER reserved, and the Senate resume con- MATTHEW P. BERG Two years ago, in 2004, I joined a sideration of S. 2454, the border secu- CHRISTOPHER W. DANIELS MATTHEW C. DAVIS number of our colleagues on both sides rity bill. NATHAN P. ELDRIDGE of the aisle to cosponsor legislation The PRESIDING OFFICER. Without FRANCISCO J. FUENMAYOR MATTHEW GLAZEWSKI that I have written called Closing The objection, it is so ordered. DAVID M. GOTHAN Health Care Gap. It was bipartisan and SARAH A. T. HARRIS f MEGHAN E. MCGOVERN it addressed the issue of disparities. DAMIAN M. RAY Our work has been ongoing, and I look PROGRAM LECIA M. SALERNO forward, in the coming weeks, to ad- RAUL VASQUEZ DEL MERCADO Mr. FRIST. Mr. President, today we WILLIAM G. WINNER dressing another bipartisan bill with had some good debate, made good VICTORIA E. ZALEWSKI the help of, again, many of the same progress, had good discussion on this DEPARTMENT OF JUSTICE colleagues, including Senators KEN- border security bill. We had hoped to GARY D. ORTON, OF NEVADA, TO BE UNITED STATES NEDY, ENZI, and many others, that ad- MARSHAL FOR THE DISTRICT OF NEVADA FOR THE TERM have more votes on amendments to OF FOUR YEARS, VICE RICHARD ZENOS WINGET. dresses these health care disparities, this bill this evening. We were unable IN THE ARMY including diabetes. to make that progress. But we will re- Together we are working to craft the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT turn tomorrow and try to set up votes IN THE UNITED STATES ARMY TO THE GRADE INDICATED very best possible strategies to elimi- on the three pending amendments. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND nate health care disparities all across Again, I am disappointed we could RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the country. With the great work of not schedule more action on this bill To be lieutenant general groups such as the National Medical this week in terms of votes. We have LT. GEN. DAVID F. MELCHER, 0000 Association, we are able to explore and Senators who are waiting to offer THE FOLLOWING NAMED OFFICER FOR APPOINTMENT educate at the grassroots level, build- IN THE UNITED STATES ARMY TO THE GRADE INDICATED amendments, so I hope tomorrow we WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ing support for not just this legislation can reach agreement for a time-certain RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: but for the policies in this legislation for the next votes. It is clear to me at To be lieutenant general that can eliminate these gaps over this point that we will not be able to time. MAJ. GEN. ROBERT WILSON, 0000 set any votes for tomorrow, and there- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Speaking of grassroots, in Nashville, fore I announce now that there will be IN THE UNITED STATES ARMY TO THE GRADE INDICATED TN, my hometown, on April 8, citizens WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND no votes tomorrow. We will have mul- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: will go out to the location at our Nash- tiple votes on Monday, and we will an- To be lieutenant general ville Zoo for the 15th annual ‘‘Walk on nounce that schedule on Friday. the Wild Side.’’ It is also known as MAJ. GEN. MICHAEL D. ROCHELLE, 0000 f ‘‘America’s Walk for Diabetes.’’ This is THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO THE GRADES INDICATED IN THE a nationwide walk, and it is the Amer- ADJOURNMENT UNTIL 9:30 A.M. UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, ican Diabetes Association’s signature TOMORROW U.S.C., SECTIONS 531 AND 3064: special event. Mr. FRIST. Mr. President, if there is To be colonel With strong support from the busi- no further business to come before the SOONJA CHOI, 0000 ness community, including sponsorship STEVEN D. CLIFT, 0000 Senate, I ask unanimous consent that ROBERT KASPAR, 0000 and corporate teams, the walk raises the Senate stand in adjournment under LOUIS WALKER, 0000 nearly $20 million nationwide to find a the previous order. To be lieutenant colonel cure for diabetes and to support the There being no objection, the Senate, GERARDO FRONDA, 0000 overall mission. I encourage those lis- at 7:49 p.m., adjourned until Friday, THOMAS JACKSON, 0000 tening to sign up and throw their sup- RICHARD LUCCHESSI, 0000 March 31, 2006, at 9:30 a.m. REBECCA TOMSYCK, 0000 port behind those worthy efforts. To be major Dr. James Galvin, III, a close friend f WISLY AGUSTIN, 0000 of mine, president of Morehouse School NOMINATIONS JOE HAINES, 0000 of Medicine, someone who has been a ADAM B. KANIS, 0000 Executive nominations received by ANGELA LIJIN, 0000 colleague, somebody I admire tremen- the Senate March 30, 2006: MEHDY ZARANDY, 0000 dously in his work at Morehouse, has DEPARTMENT OF VETERANS AFFAIRS said: DANIEL L. COOPER, OF PENNSYLVANIA, TO BE UNDER f Diabetes is a disease about which we can SECRETARY FOR BENEFITS OF THE DEPARTMENT OF do a great deal, but only when those affected VETERANS AFFAIRS FOR A TERM OF FOUR YEARS. (RE- APPOINTMENT) WITHDRAWAL are informed and empowered to take the kind of control of this disease that is now FOREIGN SERVICE Executive message transmitted by possible. THE FOLLOWING-NAMED CAREER MEMBERS OF THE the President to the Senate on March FOREIGN SERVICE OF THE DEPARTMENT OF COMMERCE I agree. I wholeheartedly agree. I FOR PROMOTION WITHIN AND INTO THE SENIOR FOREIGN 30, 2006, withdrawing from further Sen- look forward to the day when all of our SERVICE TO THE CLASS INDICATED: ate consideration the following nomi- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, citizens around the country have ac- CLASS OF MINISTER-COUNSELOR: nation: cess to quality care, no matter what lo- CRAIG B. ALLEN, OF VIRGINIA DANIEL P. RYAN, OF MICHIGAN, TO BE UNITED STATES cation they live in, who they are, or DISTRICT JUDGE FOR THE EASTERN DISTRICT OF MICHI- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, GAN, WHICH WAS SENT TO THE SENATE ON FEBRUARY 14, where they are from. CLASS OF COUNSELOR: 2005.

VerDate Mar 15 2010 20:27 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 9801 E:\2006SENATE\S30MR6.REC S30MR6 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E463 EXTENSIONS OF REMARKS

TRIBUTE TO GERASIMOS C. VANS ning, personnel, procurement, information A TRIBUTE TO THE LIFE OF ON HIS RETIREMENT technology, printing, oversight of vacant con- ROOSEVELT EARLY gressional offices, and event planning. HON. VERNON J. EHLERS There is no doubt that the House as an in- OF MICHIGAN stitution is losing one of its hardest working HON. MIKE ROSS IN THE HOUSE OF REPRESENTATIVES public servants. Gerry’s dedication and profes- OF ARKANSAS Thursday, March 30, 2006 sionalism has spanned both Democratic and IN THE HOUSE OF REPRESENTATIVES Mr. EHLERS. Mr. Speaker, I rise today to Republican majorities, during which time his Thursday, March 30, 2006 pay tribute to Gerasimos (Gerry) Vans, who is mission has always been to complete any task, big or small, with the same tenacity and retiring after more than 25 years of distin- Mr. ROSS. Mr. Speaker, I rise today to thoroughness. Gerry will be dearly missed by guished service to this institution. Throughout honor the life of Roosevelt Early, a veteran his years of service to the House, Gerry has the House of Representatives and by all those high school educator from Crossett, AR, who tackled a wide range of institutional chal- among us who have had the pleasure of work- died at the age of 72 on February 26, 2006. lenges. In every aspect of his service to the ing with him during his more than 25 years of I wish to recognize his lifetime of dedication to House, Gerry has demonstrated his char- service. public education and the city of Crossett. acteristic professionalism, knowledge, and cre- Mr. Speaker, on behalf of this institution, I ativity, and has without exception conducted A native of West Helena, AR, Mr. Early wish to extend to Gerry Vans our heartfelt earned a bachelor’s degree at Arkansas Agri- himself with the utmost integrity. gratitude for his tireless service to the House, Gerry, a native of Milwaukee, Wisconsin cultural, Mechanical, and Normal College, now and wish him the very best as he embarks began his career with summer intern positions the University of Arkansas at Pine Bluff, upon his new career. in the House and Senate while attending col- UAPB, where he played football and sang in lege. Following his graduation from Marquette the choir. Mr. Early also attended the Univer- University, Gerry pursued a masters degree at f sity of Central Arkansas where he received a master’s degree. The George Washington University while em- RECOGNIZING ROBERT R. RUBANO, Moving to Crossett in 1958, Mr. Early spent ployed in the House mail room. Gerry began JR. his congressional career in earnest following nearly a half century as a public school educa- his appointment to the U.S. Capitol Police tor at T.W. Daniel and Crossett School Dis- force where he remained for two years. His HON. MELISSA A. HART trict. He began as a shop teacher at T.W. next appointment was as the Executive Assist- Daniel High School in 1958 and rose to the ant to the House Sergeant at Arms, where he OF PENNSYLVANIA post of assistant principal of T.W. Daniel Mid- dle School in 1973, and principal 2 short years served as secretary to the U.S. Capitol Police IN THE HOUSE OF REPRESENTATIVES Board and primary Capitol Police liaison for later of T.W. Daniel High School. Following his the Sergeant at Arms. Gerry had primary Thursday, March 30, 2006 tenure at T.W. Daniel, Mr. Early served as operational responsibilities for major House principal at Norman Junior High School begin- events and congressional funeral delegations, Ms. HART. Mr. Speaker, I would like to take ning in 1980 and Crossett High School in and was a key staffer in Capitol security plan- this opportunity to recognize the super- 1985. ning. intendent of Farrell Schools, Robert R. Mr. Early was active throughout the Ashley Since joining the Office of the Clerk’s front Rubano, Jr., and the school board members County community. He served as director of office staff in 1991, he has served under four who have served for over 9 years. the E.C. Crossett Community Center, presi- Clerks, first in a support capacity to senior Mr. Rubano not only serves as the super- dent of the UAPB Ashley County Alumni Asso- management, and since 1995 as a senior intendent of the schools in Farrell, but also ciation, and was a member of the Ashley manager—as Special Assistant, Assistant to teaches a leadership class to juniors and sen- County Medical Center Board of Directors, the Clerk, 1999, and Deputy Clerk, 2003. Be- iors in the school district 1 day a week. The Ashley County Martin Luther King Planning cause of his fluency with congressional oper- subjects taught in the class vary from speech Commission, Phi Delta Kappa Educational So- ations and practice, he is frequently called preparation to key decision making to job and ciety, Georgia-Pacific Planning Commission, upon to brief visiting foreign parliamentarians college outlook. This leadership class has be- the Arkansas Association of Educational Ad- and senior officials, and has participated in ministrators, the Arkansas Association of Sec- various legislative-related conferences. come very popular among students in the Farrell School District. ondary Principals, Crossett Classroom Teach- Gerry has also been instrumental in the de- ers Association, Arkansas Education Associa- velopment and implementation of the Lobbying Mr. Rubano has been the superintendent of tion and the National Education Association. Disclosure Act; the five-year project to move the Farrell School District since 1997. Before As a man of faith, Mr. Early served as chair- the Legislative Information Management Sys- committing to be the superintendent, Mr. man of the Deacon Board at New Bethel Mis- tem, LIMS, from a mainframe to a client-server Rubano spent many years as a teacher, then sionary Baptist Church and chairman of the platform; the Document Management Initiative: principal. Mr. Rubano served as a team conversion of all legislative documents to a Trustee Board. The Roosevelt Early Memorial facilitator for a group of 10 who designed new Scholarship was started shortly after his death common Extensible Markup Language (XML) math curriculum for grades K–6. He also as- standard; Continuity of Operations: develop- to commemorate and honor the impact he sisted in writing the district’s Act 178 Profes- made as an educator at Crossett High School. ment and planning leading to the first com- sional Development Plan. Mr. Rubano has prehensive House-wide continuity of oper- dedicated his career to bettering the education As the son of public school educators, I be- ations apparatus; and the development of the of young minds. lieve there are few jobs more noble than that History and Preservation Office. of educating our Nation’s children. Mr. Early Over the years, Gerry’s responsibilities have I ask my colleagues in the United States spent a lifetime dedicated to this end. I extend grown to include the day-to-day oversight and House of Representatives to join me in recog- my deepest condolences to his wife of 48 operations of the Clerk’s 9 departments and nizing all of the hard work and time Robert R. years, Lendora; his daughters, Cassandra and 270 employees, which provide legislative and Rubano, Jr. has put in to making the school Patricia; his brother, David; his sisters, Thel- information services to the House and the district better. It is an honor to represent the ma, lola, and Alma, and his grandchildren, general public. He is involved daily and di- Fourth Congressional District of Pennsylvania Kenyellshia and Chase. Though Mr. Early may rectly with such issues as Member of Con- and a pleasure to salute such a dedicated inno longer be with us, his spirit and legacy will gress relations, House floor operations, plan- dividual like Robert R. Rubano, Jr. live on for generations to come.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A30MR8.001 E30MRPT1 ycherry on PROD1PC64 with REMARKS E464 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 CELEBRATING THE BIRTH OF vision for a brighter tomorrow for every one of ing practices. They are the only school district CHARLES AURELIO HUDSON us along Ohio’s north shores. to ever receive this award. EYNON f The Highland School District will receive the ‘‘Rising Star’’ Award on April 5, 2006 at a din- IN HONOR OF THE LIFE OF ner at the Rivers Club in Pittsburgh. HON. JOE WILSON GORDON PARKS OF SOUTH CAROLINA I ask my colleagues in the U.S. House of IN THE HOUSE OF REPRESENTATIVES Representatives to join me in congratulating HON. BETTY McCOLLUM the Highland School District for receiving the Thursday, March 30, 2006 OF MINNESOTA Rising Star Award. It is an honor to represent Mr. WILSON of South Carolina. Mr. Speak- IN THE HOUSE OF REPRESENTATIVES the Fourth Congressional District of Pennsyl- er, today, I am happy to congratulate Eliza- Thursday, March 30, 2006 vania and a pleasure to salute such a dedi- beth and Teddy Eynon of Washington, DC, on cated school district as the Highland School the birth of their new baby boy. Charles Ms. MCCOLLUM of Minnesota. Mr. Speak- District. Aurelio Hudson Eynon was born on March 17, er, as St. Paul and our Nation say goodbye to 2006, at 9:09 p.m., weighing 8 pounds and 7 a legend this month, I rise to lend my support f ounces. Hudson has been born into a loving to House Resolution 720, a resolution to honor home, where he will be raised by parents who the life of Gordon Roger Alexander Buchanan TRIBUTE TO RETIRING GENERAL are devoted to his well-being and bright future. Parks. I hope that the House will soon con- LEON J. LAPORTE His birth is a blessing. sider this important resolution. Gordon Parks f passed away on March 7, 2006 at the age of HON. IKE SKELTON 93 after a courageous battle with cancer. With HONORING FRANK G. JACKSON, strong Minnesota ties, Mr. Parks became a OF MISSOURI MAYOR OF CLEVELAND world-famous photographer, filmmaker, and IN THE HOUSE OF REPRESENTATIVES music composer. His work and life are an in- Thursday, March 30, 2006 spiration to artists and art lovers, and the peo- HON. DENNIS J. KUCINICH Mr. SKELTON. Mr. Speaker, it has come to ple of St. Paul will be forever grateful for his OF OHIO my attention that General Leon J. LaPorte, IN THE HOUSE OF REPRESENTATIVES contributions. Mr. Gordon Parks will be remembered as an Commander of the United Nations Command, Thursday, March 30, 2006 African American pioneer who used his experi- Republic of Korea/United States Combined Mr. KUCINICH. Mr. Speaker, STEPHANIE ences as a black man to create some of the Forces and Commander of the United States TUBBS JONES, SHERROD BROWN, MARCY KAP- 20th century’s most powerful images for social Forces Korea, will soon be retiring after a long TUR, TED STRICKLAND, TIM RYAN, and I rise justice. Mr. Parks was born in 1912, 1 of 15 and distinguished career. today in tribute and recognition of Cleveland children. He spent his young adulthood in St. General LaPorte was born in Providence, Mayor Frank G. Jackson, as he was honored Paul, where he developed his skills as an art- Rhode Island, and graduated from the Univer- by the Cuyahoga County Democratic Party on ist. Parks earned his first professional photo- sity of Rhode Island. He completed the Armor March 26, 2006. journalist jobs with the Saint Paul Recorder Officer Advanced Course in 1975 and he Mayor Jackson was elected last November and the Minneapolis Spokesman, which earned a Master’s Degree in Administration to lead the City of Cleveland—a continuation served as catalysts for the great work by the from the University of California. of his lifelong activism and devotion on behalf beloved artist we recognize today. After General LaPorte was commissioned a of our Cleveland community. He is a United Mr. Parks was a true pioneer. He was the Second Lieutenant of Armor, he served as a States veteran, having served our country in first African American to work as a photo- Platoon Leader and Motor Officer in Alpha Vietnam. After being honorably discharged, he journalist for Life and Vogue magazines. As a Company, 3d Battalion, 64th Armor. In 1971, returned to his East 38th Street neighbor- trailblazing filmmaker, Mr. Parks was the first he served as a Platoon Commander and hood—where his commitment to making a dif- African American to write, score, and direct a Company Executive Officer in the 283rd Aerial ference would only grow stronger. Hollywood movie, ‘‘The Learning Tree.’’ Mr. Weapons Company in the Republic of Viet- Following his military service, Mayor Jack- Parks was part of a generation of African nam. He commanded the 3d Battalion, 64th son armed himself with a focus on educational Americans who directed and produced films Armor, 3d Infantry Division in Schweinfur, Ger- achievement. He attended classes at Cuya- that starred African Americans, like the film many, and following the Army War College, he hoga Community College and in 1975, he ‘‘Shaft.’’ He was also committed to docu- served as the G3, 1st Cavalry Division, Fort graduated with a Bachelor’s degree from menting poverty and racial injustice. Mr. Parks Hood, Texas. In October 1990, he deployed Cleveland State University. In 1977, Mr. Jack- used the medium of film to tell the story of the with the division to Southwest Asia and was son earned a Master’s degree in Urban Stud- black experience. Chief of Staff during Operations DESERT ies from CSU. In 1983, after working his way Mr. Speaker, please join me in paying trib- SHIELD and DESERT STORM. In 1997, he through law school as a night clerk at Cleve- ute to Gordon Parks, an artist who taught us assumed the duties of Assistant Deputy Chief land Municipal Clerk’s Office, Mr. Jackson about human dignity and the African American of Staff for Operation and Plans, Head- earned a law degree from the Cleveland-Mar- experience. St. Paul will always remember him quarters, Department of the Army, Wash- shall College of Law. He worked as an assist- for his many artistic contributions. ington, DC. Prior to assuming his current position, General LaPorte served as Deputy Com- ant county prosecutor until his 1990 election to f Cleveland City Council, representing Ward 5. manding General/Chief of Staff, U.S. Army For 15 years, Mayor Jackson focused his ef- CONGRATULING HIGHLAND HIGH Forces Command. forts on revitalizing the housing and commer- SCHOOL General LaPorte has earned numerous cial aspects of the Ward 5 community. He did decorations and badges for his outstanding so by forming vital bonds with neighborhood HON. MELISSA A. HART service in the military. These decorations and leaders and development organizations, and OF PENNSYLVANIA badges include the Distinguished Service by setting a tone of integrity, diligence, com- IN THE HOUSE OF REPRESENTATIVES Medal, the Legion of Merit (three oak leaf mitment and cooperation among City Council clusters), the Distinguished Flying Cross, a members and City administrators—a vital rela- Thursday, March 30, 2006 Bronze Star Medal, the Meritorious Service tionship that remains strong today. Ms. HART. Mr. Speaker, I would like to take Medal (two oak leaf clusters), an Air Medal Mr. Speaker and Colleagues, please join us this opportunity to congratulate the Highland (‘‘V’’ device), an Army Commendation Medal in honoring Frank G. Jackson, Mayor of the School District for its nomination for the 2006 (‘‘V’’ device), a Vietnamese Cross of Gallantry City of Cleveland, in recognition of his out- Rising Star Award presented by People Do (with Palm), a Kuwait Liberation Medal, an standing service and leadership focused on Matter, which is part of the Pittsburgh Human Army Aviator Badge, a Parachutist Badge, and the people of the City of Cleveland. Mayor Resources Association. a Ranger Tab. Jackson’s integrity, energy, vision, unwavering This award was given to the school district Mr. Speaker, I know the Members of the service and complete devotion to his constitu- because they demonstrated a link between House will join me in paying tribute to General ents continues to illuminate hope and strength Professional Development, their people prac- Leon J. LaPorte for his exceptional service to throughout the streets of Ward 5 and through- tices, and their students’ test score results and the United States and will wish him all the out every Cleveland neighborhood—offering a achievements by using innovative and emerg- best in the days ahead.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A30MR8.004 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E465 HONORING ROSENDO CARRANCO to the Hispanic community on Medicare, Med- RECOGNIZING GREATER PITTS- icaid, and basic health services. Furthermore, BURGH CHAPTER OF NATIONAL HON. HENRY CUELLAR Andrea acts as an altar server for the Guard- ASSOCIATION OF WOMEN BUSI- OF TEXAS ian Angel Cathedral Catholic Church in Las NESS OWNERS IN THE HOUSE OF REPRESENTATIVES Vegas, Nevada. Andrea is committed to maintaining her pub- HON. MELISSA A. HART Thursday, March 30, 2006 lic service, and would like to get more involved OF PENNSYLVANIA Mr. CUELLAR. Mr. Speaker, I rise today to with events in her local Las Vegas community. honor Rosendo Carranco, an upstanding cit- A straight ‘‘A’’ student, she intends to maintain IN THE HOUSE OF REPRESENTATIVES izen of Laredo, Texas, who was recently her grades while continuing to practice dance Thursday, March 30, 2006 awarded the Spirit of Jerusalem Award by the and violin in her spare time. She has set her Ms. HART. Mr. Speaker, I would like to take state of Israel. sights on participating in the 2012 Olympic this opportunity to recognize the Greater Pitts- It is a great honor for me to enter into the Games in London, and then taking her gold burgh Chapter of the National Association of RECORD the accomplishments of Mr. Carranco medal to West Point where she will study Women Business Owners (NAWBO). in tribute to his dedication to the business medicine, and eventually become a surgeon. The National Association of Women Busi- community, and numerous charitable works With more young women like Andrea Marie ness Owners was established in Washington, that have benefited the citizens of Laredo. Perea, who strive to meet their goals with DC in 1975. NAWBO is the only dues-based After he graduated from Texas A&M University great ambition and pride, I see a bright future national organization that represents all in 1977, he returned to Laredo to start his own for America. women business owners in all industries. It’s accounting firm, Carranco & Lawson, where Mr. Speaker, I am grateful to honor Andrea the voice of the American business woman. his wife, Mary, serves as partner. In addition Marie Perea and her outstanding accomplish- 10.1 million women-owned businesses are to his work as an accountant, Mr. Carranco ments. I wish her the best in her gymnastics represented nationwide. Today there are over works as a real estate developer whose work career, as well as with all of her future en- 80 chapters throughout the United States. The includes the Cielito Lindo subdivision, and he deavors. Pittsburgh Chapter of NAWBO was estab- is also involved in various business ventures f lished in 1977 and since then has had the that include insurance, oil, and gas. He and MOTION TO INSTRUCT PENSION privilege of having two its members serve as his wife, Mary are the proud parents of three CONFEREES national presidents. In 2000, Greater Pitts- children, Andrew, Kathryn, and Robert. burgh Chapter of NAWBO was named the Mr. Carranco is well known in Laredo for his fastest growing Chapter in United States. gregarious and outgoing demeanor as well as HON. BETTY McCOLLUM numerous contributions to community service. OF MINNESOTA This year the Greater Pittsburgh Chapter of He is a beloved coach in the local youth bas- IN THE HOUSE OF REPRESENTATIVES NAWBO has many Make the Connection ketball, football, and baseball teams as well as Thursday, March 30, 2006 Award Honorees. The honorees are: Pamela Abdalla of The Salvation Army Family Crisis a highly active participant in the Boys and Ms. MCCOLLUM of Minnesota. Mr. Speak- Center; Bonnie Anton of the American Heart Girls Club, Young President’s Organization, er, we need common sense, bipartisan legisla- Association; Dr. Joseph Bairn of The Bradley United Way, Junior Achievement, Laredo A&M tion to protect pension benefits and to honor Center; Aggie Brose of the Pittsburgh Commu- Club, and Daybreak Rotary organizations. His the promise of pensions. nity Reinvestment Group; Mary Jean Byrnes exemplary compassion and his deep commit- I rise to support this motion to ensure the of Carlow University, Community Education; ment to his faith make him a fine role model Senate provisions are included in the final Beth Caldwell of the Incredible Mom Award; for young people in Laredo, Texas. Pension bill—especially the provision that en- Bonnie DiCarlo of Celebrate and Share; Mr. Speaker, thank you for allowing me to sures airlines like American, Continental, JoAnn Forrester of Celebrate and Share; honor Rosendo Carranco, recipient of the Delta, and Northwest are not forced to termi- Shamina Frank of the Antioch Baptist Church; Spirit of Jerusalem Award by the state of nate pension plans. The Senate provision Suzanne Froehlich of the Power Lunch; Israel. would provide the critical time needed to fund Bonnie Hassan of A Place for Reiki; Dorothy f pension plans promised to employees. No such provision exists in the House bill. M. Horvath of ACHIEVA; Tracy Lee Janov of PAYING TRIBUTE TO ANDREA Airlines were promised, in exchange for their the McKeesport Weed and Seed Program; MARIE PEREA support of the House Pension bill, that House Marleen Kasbee of the North Hills Community leadership would work with them in con- Outreach; Lillian T. King of the St. Cyril of Al- HON. JON C. PORTER ference to obtain the relief they wanted— exandria Church; Carol MacPhail of the United Way of Allegheny County; Maryann Magra of OF NEVADA though Republican leadership declined to in- the Senator John Heinz Pittsburgh Regional IN THE HOUSE OF REPRESENTATIVES clude their provisions in the House bill. The History Center; Steve Miklas of Calliope, the Thursday, March 30, 2006 Bush administration opposes the airline provisions. Pittsburgh Folk Music Society; Susan Miller of Mr. PORTER. Mr. Speaker, I rise today to We must help airlines avoid the termination WBN North Points North Chapter; Grace honor Andrea Marie Perea, who is a two-time of their pension plans. Timing is of the es- Moffett of POWER; Shaela Montague-Phillips State Champion in the sport of Gymnastics. sence. Two of the airlines that would benefit of the Meeting of the Minds Publications; Anne At 12 years old, Andrea has achieved more from this provision are currently in bankruptcy Mullaney of Neighbors in the Strip; Martha in the sport of gymnastics than many athletes and could terminate their pension plans. And, Murdock of Care Break at Watson Institute; will accomplish in a lifetime. In the 2005 Ne- two others could take advantage of this relief. Susanne Parks of ACHIEVA–POWER; Rae vada State Championships in Reno, Nevada, In September 2005, Northwest Airlines filed Reynolds of UMOJA African Arts Company; Andrea scored first place in 4 of the 5 events for bankruptcy after losing more than $4 billion Linda Rinchiuso of The Lighthouse; Phyllis that she competed in, including uneven bars, since 2001. Northwest’s pension plans are un- Rinsma of Exceptional Friends; Beth Rom of balance beam, floor exercise, and best all derfunded by $3.8 billion. Without airline relief ABOARD—Advisory Board on Autism: Related around performance, leading her to win her provisions, Northwest would be required to Services; Barbara Sallo of PowerLink; Sydney first Nevada State Championship. She be- pay $3.3 billion in pension funding obligations Schwartz-Hardiman of WBN North Points came a two-time title holder at the 2006 Ne- by 2007 and would likely need to abandon North Chapter; Steve Smith of Elliot West End vada State Championships in Las Vegas, Ne- and turn over its pension plans to the Pension Athletic Association; Mary Sutphen of vada, where she took home first place on the Benefit Guaranty Corporation. In January POWER; Sandra Talley of Morningside vault, balance beam, and again received the 2006, the pilots union agreed with Northwest Church of God in Christ; Lisa Vandemia of title of best all around. to freeze the pilot pension plan and replace it Care Break at Watson Institute; and Andrea Andrea’s athleticism does not stop with with a defined contribution plan. I support the M. Williams of the Children’s Sickle Cell Foun- gymnastics. She takes ballet and belly dance decision made by Northwest and their pilots. dation. lessons, and participates in a Fiesta Flamenca Labor, employees, and airline management I ask my colleagues in the United States dance troupe. In addition to her athletic strongly support an airlines provision in the House of Representatives to join me in con- achievements, Andrea gives back to the Las Pension bill. gratulating the honorees of the Make a Con- Vegas community by volunteering with Salud Keep the airlines flying and employees nection Award. It is an honor to represent the en Accion, a program that provides outreach working. Support this motion. Fourth Congressional District of Pennsylvania

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.009 E30MRPT1 ycherry on PROD1PC64 with REMARKS E466 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 and a pleasure to salute such hardworking in- our military for victory in the Cold War, and by appointment with S. 2271, the USA PATRIOT dividuals like those in the National Association growing the Republican Party to today’s status Act Additional Reauthorizing Amendments Act of Women Business Owners. of majority in the state legislatures, state gov- of 2006. This bill purports to increase protec- f ernorships, the U.S. House, the U.S. Senate, tions for libraries and people who have been and the Presidency. issued National Security Letters and Section A TRIBUTE TO THE LIFE OF His contributions for America were high- 215 intelligence orders, though in reality, it of- GEORGE ODOM lighted on March 29, 2006 in The Washington fers very little recourse for U.S. citizens. Times: I voted against the Patriot Act Reauthoriza- HON. MIKE ROSS Few people played as a critical a behind- tion in July 2005, and the conference report in OF ARKANSAS the-scenes role in the rise of Ronald Reagan December 2005. Neither version of H.R. 3199 and the modern American conservative IN THE HOUSE OF REPRESENTATIVES sufficiently balanced the needs of law enforce- movement as Lyn Nofziger, who died Monday ment to protect our country, with the protection Thursday, March 30, 2006 at his home in Falls Church at 81. An Army ranger who lost fingers to shrapnel during of our civil liberties. In December, I stated my Mr. ROSS. Mr. Speaker, I rise today to the D-Day landing, Mr. Nofziger left a suc- firm belief that it is possible to be safe, free, honor the life of George Odom, a long time cessful career in political reporting to be- and to protect security while still respecting resident of my hometown of Prescott, Arkan- come a top Reagan adviser. civil liberties. Unfortunately, H.R. 3199 did not sas who passed away at the age of 70 on As spokesman for Mr. Reagan’s 1966 cam- recognize this reality, and neither does S. February 15, 2006. George was born on Au- paign for California governor, he was a trust- 2271. gust 23, 1935 in Heflin, Louisiana and I would ed aide in 1968 when the California governor The amendments that were added make it like to recognize his life and achievements. tried to wrest the Republican presidential nomination away from Richard Nixon. Dur- harder to challenge a Section 215 intelligence Raised in Minden, Louisiana, George ating the spring of 1968, Mr. Nofziger recounted order than before. Currently, recipients may tended Webster High School followed by serv- many years later, Mr. Reagan visited Repub- challenge the gag order immediately after re- ice in the United States Army. Upon leaving lican Sen. Strom Thurmond, who told the ceiving a Section 215 intelligence order. How- the Army, he attended Grambling State Uni- then-governor: ‘‘You’ll be president some ever, S. 2271 would make the recipient wait versity where he received a degree in Sec- day, young man, but not this year.’’ one year before having the opportunity to ondary Education. Perhaps the most serious political chal- challenge the gag order. Shortly after moving to Prescott in August lenge Mr. Nofziger would face during his I have expressed in the past my serious 1964, George married Dorothy Jones. He led many years as a senior Reagan aide came in March 1976, during the primaries. President concern regarding the use of National Security an exemplary life and was extremely active in Ford had swept all of the early primaries, Letters to access Internet records in public li- many different capacities. At Prescott High and prominent Republicans were pressuring braries. While this bill attempts to exempt li- School he assumed many roles including li- Mr. Reagan to drop out and endorse Mr. braries from receiving National Security Let- brarian, history teacher, track and football Ford. Mr. Nofziger, a stalwart conservative, ters, it fails terribly. According to S. 2271, li- coach. Additionally, George was a member of would have none of it. As political consult- braries are only exempt from National Security the Lions Club, Director of Alcoholics Anony- ant Craig Shirley told Ralph Hallow of The Letters if they do not offer Internet access—a mous, Treasurer of the Youth Organization: Washington Times: Mr. Nofziger ‘‘was the preposterous claim in this day and age, and Boys II Men, Girls II Women, Treasurer for Ila steel in Reagan’s back that kept him going in 1976 when everyone else wanted him to an unrealistic expectation. This exemption Upchurch Community Education Center, Pres- drop out of the nomination race before the does nothing to protect public libraries, or their cott School Board Member and President and North Carolina primary.’’ patrons, from having their privacy invaded by Director of Prescott Parks and Recreation De- After Mr. Reagan’s election, Mr. Nofziger the Federal government, and I do not support partment. Following his retirement, George served slightly over a year as White House this provision. worked part-time at the Bank of Prescott. political director, before leaving the White Mr. Speaker, S. 2271 does nothing regard- George was also very active at Macedonia House in 1982. He became a lobbyist, but in- ing the Patriot Act to allay the concerns that Baptist Church where he served as Chairman stead of the conventional K Street uniform, he was usually seen with his shirt collar un- Democrats and Republicans alike have re- of the Deacon Board, Church Trustee, Church buttoned and tie loosened, chomping on a garding the protections of our civil liberties. It Treasurer, Sunday School Teacher and Su- cigar and drinking a concoction of whiskey is disappointing that the Administration has perintendent. mixed with milk. The editor of this page, chosen to embrace extreme measures in the Leading by example through a lifetime of who was a young White House aide during name of fighting terrorism, over protecting the dedication, community service, and commit- the 1980s, recalls meeting Mr. Nofziger, who civil liberties we all cherish so much. These ment to children, George has left an undeni- had left the government, for lunch. Mr. need not be mutually exclusive—we can fight able mark on countless students who attended Nofziger grabbed his White House badge and terrorism, keep our country safe, and respect Prescott Schools and on the Nevada County twirled it, telling him that the same people who wouldn’t return his calls before he the rights and liberties that generations of community. Prescott is a better place, a more joined the White House wouldn’t return Americans have fought so hard to uphold. Mr. cohesive community because of George them after he left. Speaker, I cannot support these additional Odom and he will be deeply missed. My heart In his final years, Mr. Nofziger established amendments and intend to vote against S. felt condolences are with his sons, Mario and his own blog, wrote poetry and became pro- 2271. lific as a book critic for this newspaper. In Corwin; his daughters, Charra and Chandra; f his sister Annie Mae Odom Knowles; and his one case, Mr. Nofziger wrote a scathing re- six grandchildren. While George may no view of a professor’s book. The writer com- CONGRATULATING ANDREA FREED plained and Mr. Nofziger responded that he longer be with us, his spirit will live on forever would have written a nicer review if the in the lives he touched. book hadn’t been so bad. But Mr. Nofziger HON. MELISSA A. HART f subsequently ended up befriending the pro- OF PENNSYLVANIA fessor and they established a friendly e-mail IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO LYN NOFZIGER relationship. Lyn Nofziger—journalist, gruff, cigar- Thursday, March 30, 2006 HON. JOE WILSON chomping pol, trusted aide, and warm, kind- Ms. HART. Mr. Speaker, I would like to take hearted man—will be missed. OF SOUTH CAROLINA this opportunity to congratulate Andrea Freed f IN THE HOUSE OF REPRESENTATIVES for her outstanding accomplishments in the Missionette Program in New Castle, PA. Thursday, March 30, 2006 USA PATRIOT ACT ADDITIONAL REAUTHORIZATION AMEND- The Missionette Program is sponsored by Mr. WILSON of South Carolina. Mr. Speak- MENTS ACT OF 2006 First Assembly of God in New Castle, PA. It er, as a grassroots volunteer in the Reagan is a national program that is equivalent to the for President campaign of 1976, I saw first- Girl Scout program, except the Missionette hand the historic efforts of Lyn Nofziger who HON. BETTY McCOLLUM Program emphasizes Biblical themes. Andrea OF MINNESOTA died Monday in Falls Church, Virginia. has achieved the highest award in the pro- IN THE HOUSE OF REPRESENTATIVES Mr. Nofziger was crucial for the success of gram which includes 27 units with each unit the Reagan Revolution which revitalized the Thursday, March 30, 2006 consisting of 4 lessons, a memory verse, ac- American spirit by building an economy of Ms. MCCOLLUM of Minnesota. Mr. Speak- tivities, and a project. They are required to hope through reducing taxes, by enhancing er, I rise today to express my extreme dis- read the entire New Testament and nine

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.012 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E467 honor steps are to be completed which include Judge Notzon is well-known in Laredo for honor those who served. Additionally, the intense memorization, and this all concludes his compassion for people, including the de- State’s Guardianship Program was expanded with testing. This is not an easy achievement. fendants that come in front of him in the court. under his leadership, affording care to many Andrea, a 5th grade student, will be hon- He has made great contributions to the com- more indigent veterans residing in the State of ored May 7, 2006, at First Assembly of God munity as well through his involvement with Nevada than ever before. for her outstanding accomplishment. the Boys and Girls Club of Laredo, Little Of his many achievements during his tenure I ask my colleagues in the U.S. House of League, and other charities since 1974. Early as the Executive Director of the Nevada Office Representatives to join me in congratulating in his legal career, he joined the Laredo Legal of Veterans Service, Chuck is most proud of Andrea Freed for her outstanding accomplish- Aid Society, an organization that offers legal his efforts to bring skilled nursing services to ments in the Missionette Program. It is an representation to those who otherwise could Nevada veterans in need of long term care honor to represent the Fourth Congressional not afford it. It is his exemplary compassion, through the construction of the Nevada State District of Pennsylvania and a pleasure to sa- and his deep commitment to his faith that Veterans Home in Boulder City. Prior to the lute outstanding citizens such as Kayla. makes him such a great public servant to the opening of the State’s Veterans Home, Ne- f community of Laredo. vada was one of very few states in the U.S. Mr. Speaker, thank you for allowing me to that did not have a state veterans home to TRIBUTE TO PAUL BEYKIRCH honor Judge Marcel Notzon II, who has left a care for veterans in need of 24–hour skilled lasting impact on the South Texas legal com- nursing care. Chuck’s leadership not only dra- HON. IKE SKELTON munity, and the country at large. matically increased the State’s offerings to Ne- OF MISSOURI f vada veterans, but created a road map for fu- IN THE HOUSE OF REPRESENTATIVES ture increases in services for veterans. PAYING TRIBUTE TO CHARLES Chuck has been actively involved in vet- Thursday, March 30, 2006 ‘‘CHUCK’’ FULKERSON erans’ issues throughout his career. He is a Mr. SKELTON. Mr. Speaker, let me take founder and officer of the Veterans Hospital this means to congratulate and pay tribute to HON. JON C. PORTER Foundation in Reno and a life member of the Paul Beykirch, who recently received the Se- OF NEVADA Veterans of Foreign Wars, the Disabled Amer- dalia Area Chamber of Commerce’s Out- IN THE HOUSE OF REPRESENTATIVES ican Veterans, the Vietnam Veterans of Amer- standing Citizen Award. He has distinguished Thursday, March 30, 2006 ica, and the U.S. Army Retired Officers Asso- himself with dedicated service to the commu- ciation. Active in the community, Chuck be- nity of Sedalia, MO. Mr. PORTER. Mr. Speaker, I rise today to longs to the Reno Sunrise Rotary Club where The Chamber of Commerce honored Mr. honor Charles W. ‘‘Chuck’’ Fulkerson, a retired he has been designated a Paul Harris Fellow. Beykirch for his values, community service, U.S. Army Colonel, who will retire from the po- He also serves on the Executive Board of the and involvement. Mr. Beykirch has been a sition of Executive Director of the Nevada Of- Nevada Area council of the Boy Scouts of member ofthe Bothwell Regional Health Cen- fice of Veterans’ Services, effective March 31, America and is a guest lecturer at the UNR ter’s Board of Trustees for the past 16 years 2006. and UNLV military departments. Chuck is mar- and currently serves as its president. He is a Born in Idaho, he graduated from the Uni- ried to Mary Lee Metzker and has three chil- former Rotary Club president and is currently versity of Nevada, Reno in 1958, with a de- dren and five grandchildren. the president of County Distributing Company gree in Agriculture Economics. As a Distin- Mr. Speaker, it is an honor to recognize Incorporated. Mr. Beykirch enjoys working with guished Military Graduate of the Reserve Offi- Chuck Fulkerson on the floor of the House. He children as an assistant golf coach and as a cer Training Corp, he was commissioned as is a fine American and a true hero to those Cub Scout Leader. I had previously honored second lieutenant infantry in 1958. Chuck who have had the honor of knowing and serv- Mr. Beykirch by nominating him to serve on served in a wide variety of assignments in the ing with him. He has an unwavering spirit for the National Security Forum at America’s Air U.S. Army until his retirement from military the veterans of yesterday, today and tomor- War College. service in 1991. His active duty military career row. I wish him the best in retirement. includes two combat tours in Vietnam as an Mr. Speaker, I am certain that my col- f leagues will join me in congratulating Paul Infantry Officer, assignments in Europe and a Beykirch and in wishing him luck in his future tour as the Assistant Professor of Military NATIONAL FOOD UNIFORMITY ACT endeavors. Science at the University of Nevada, Reno. f After leaving active service, Chuck served with HON. BETTY McCOLLUM the Nevada Military Department. He was ap- OF MINNESOTA IN HONOR OF JUDGE MARCEL pointed by Governor Robert List as the Direc- IN THE HOUSE OF REPRESENTATIVES NOTZON tor of the State Selective Service from 1979 to 1985. Recalled to active duty by Governor Thursday, March 30, 2006 HON. HENRY CUELLAR Richard Bryan in 1985, Chuck concluded his Ms. MCCOLLUM of Minnesota. Mr. Speak- OF TEXAS military career as the United States Property er, I rise today in opposition to the National IN THE HOUSE OF REPRESENTATIVES and Fiscal Officer for the Nevada National Food Uniformity Act (H.R. 4167) and in sup- Guard. He is a graduate of the National De- port of the right of every state to enforce their Thursday, March 30, 2006 fense University and his military decorations laws and protect the health of their citizens. Mr. CUELLAR. Mr. Speaker, I rise today to include the Legion of Merit, the Bronze Star This legislation amends the Federal Food, honor Judge Marcel Notzon II, who has admi- Medal the Air Medal, the coveted Combat In- Drug and Cosmetic Act to create a national rably served Laredo for the past twenty-three fantry Badge and the Vietnamese Cross of standard for food safety labeling. It seeks to years as a United States Magistrate Judge for Gallantry with the Gold Star. achieve a national standard by overriding most the Southern District of Texas. After such a Under Chuck’s leadership, the Nevada Of- state and local food safety warnings and by long and distinguished career, Judge Notzon fice of Veterans Services realized significant prohibiting new ones unless they are identical is retiring this month to spend time with his achievements benefiting Nevada’s veterans to national requirements. wife of forty-four years, Nora Lee, and his thir- and their families. The State’s Veterans Serv- If enacted, this legislation would not only teen grandchildren. ice Officer staff doubled in size, making it pos- compromise consumer safety with a ‘‘lowest- It is a great honor for me to enter into the sible for more Nevada veterans to receive common denominator protection’’ but also se- record the accomplishments of Judge Notzon their VA benefits and recognition for their serv- riously undermine state authority. Over two in recognition of his legal career which has ice than ever before. His leadership was also hundred state laws regarding food safety la- spanned over thirty-nine years, and extraor- instrumental in securing $9 million for the ex- beling would be superseded by the National dinary service to the federal judiciary. He pansion of the State’s two veterans’ ceme- Food Uniformity Act. The specter of such a served his country as a part of the United teries; the Northern Nevada Veterans Memo- wide-reaching federal measure has prompted States Navy from 1956 to 1960, and was hon- rial Cemetery in Fernley and the Southern Ne- thirty-nine state attorney generals to organize orably discharged from his service. Following vada Veterans Memorial Cemetery in Boulder in opposition to legislation they say would his discharge, he attended Laredo Junior Col- City. Chuck’s efforts made possible additional ‘‘strip state governments of their ability to pro- lege, and went on to complete law school at burial plots, columbariums, and new mainte- tect their residents through state laws and reg- St. Mary’s University, where he graduated first nance and administration buildings, greatly in- ulations relating to the safety of food and food in his class. creasing the Cemeteries’ ability to properly packaging.’’

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.016 E30MRPT1 ycherry on PROD1PC64 with REMARKS E468 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 The attorney general in my state of Min- A TRIBUTE TO THE LIFE OF Another fitting tribute was in The Wash- nesota warns that the bill would eliminate al- JACOB ANDREW ‘‘DOOLEY’’ ington Times on March 29, 2006: cohol labels on candy products that provide WOMACK ‘‘Caspar Weinberger, who died yesterday, vital information to expectant mothers and nul- was a lifelong Anglophile who embraced Win- lify thirty years of work by tribal communities HON. MIKE ROSS ston Churchill as ‘one of my great heroes’ for in Minnesota to create labeling standards for forlornly warning in the 1930s that Europe OF ARKANSAS must re-arm against the German threat. wild rice, the state’s official grain. IN THE HOUSE OF REPRESENTATIVES Throughout his distinguished seven years of The bill does include so-called flexibility pro- Thursday, March 30, 2006 service as Ronald Reagan’s defense sec- visions, which allow states to petition the Food retary, Mr. Weinberger warned of ‘some rath- Mr. ROSS. Mr. Speaker, I rise today to and Drug Administration to restore current er deadly parallels’ in the threat from the honor the life and legacy of Jacob Andrew safety regulations. But the process is expected Soviet Union. ‘‘Dooley’’ Womack of Camden, AR who died While Britain and the rest of Europe effec- to be slow, expensive and uncertain, costing on February 16, 2006, at the age of 81. tively ignored Churchill’s plaintive pleas, states $400,000 per petition. The added fed- Dooley was born in 1924 in Dallas County, helping to set the stage for World War II, eral costs for administering the process are an AR. Upon graduating from Princeton High Americans responded to Mr. Reagan’s warn- estimated $100 million over five years. At a ings by electing him president. Mr. Wein- School, Dooley joined the Armed Services time when government agencies at all levels berger, who earlier served in the Reagan gu- where he served with the 448th Bomb Group are struggling to cope with deep cuts in fed- bernatorial administration during the 1960s, of the 8th Air Force during World War II. eral funding, these provisions create a frivo- was promptly selected to be the architect of Dooley began a long and distinguished polit- the largest American peacetime military lous and burdensome bureaucracy that serves ical career in 1950 at the age of 23 while he build-up in history. That strategy cul- only to restore state laws that already exist was a student at Henderson State Teachers minated in American victory in the nearly today. College. As a Representative in the Arkansas five-decade-long Cold War. Barely six weeks into Mr. Reagan’s first Proponents of this bill say fears over con- State House of Representatives, he rep- sumer safety and local authority are unwar- presidential term, Mr. Weinberger delivered resented Dallas and Ouachita Counties. Fol- to Congress the administration’s first de- ranted and overblown. But despite introduction lowing his tenure in the Arkansas State fense budget, which: resurrected the B–1 in the past five Congresses, this legislation House, he served in the Arkansas State Sen- bomber; greatly expanded the procurement has never had a full hearing where testimony ate for 12 years. of fighter aircraft for the Navy and Air from experts could be heard and critical ques- For more than a half century, Dooley owned Force; virtually doubled the purchase of sea- tions explored. This lack of transparency and and operated Womack Brothers Realty. launched cruise missiles; significantly in- due diligence is unconscionable considering Dooley was also involved in the First United creased the production of tanks and other the bill’s potentially serious effects to public Army weapons systems; and reactivated Methodist Church of Camden, and enjoyed World War II battleships as a first step to- health. both hunting and fishing. ward building the fabled 600-ship Navy, I proudly stand with consumers, family farm- Camden, Ouachita County, and the State of which would eventually feature 12 aircraft- ers, physicians, environmentalists, state attor- Arkansas have lost one of its most ardent sup- carrier battlegroups and dozens of the ney generals, state agriculture department offi- porters. Dooley had a deep love for Camden world’s most powerful ballistic-missile-car- cials and many other consumer advocates in and South Arkansas, and dedicated a lifetime rying submarines. During Mr. Weinberger’s tenure, America opposing the National Food Uniformity Act. working to make it a better place. While Dooley may no longer be with us, his spent $1.7 trillion on national defense (or $3 trillion in today’s dollars). By any fair-mind- f spirit and legacy will live on forever in the lives ed calculation, it was a bargain. Less than a he touched. My deepest sympathies and month after Mr. Weinberger left the Pen- CONGRATULATING DESIRAE heartfelt condolences go out to his beloved tagon in November 1987, the world witnessed MONTGOMERY wife of 55 years, Amy; his three sons, Lance, the first fruits (many others would follow) of Tim, and Carey; his daughter, Anna; and his his seven-year tenure. On Dec. 8, 1987, Mr. grandchildren, Jacob, Wesley, Taylor, Joshua, Reagan and Soviet leader Mikhail Gorbachev HON. MELISSA A. HART Erin, Leah, and Diana. signed the Intermediate Nuclear Forces (INF) Treaty, which required the destruction OF PENNSYLVANIA f of about 425 single-warhead intermediate- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO CASPAR WEINBERGER range U.S. nuclear missiles based in Western Europe and 650 triple-warhead intermediate- Thursday, March 30, 2006 HON. JOE WILSON range Soviet SS–20 nuclear missiles capable Ms. HART. Mr. Speaker, I would like to take of striking Europe and Asia. Following OF SOUTH CAROLINA steady Soviet deployment of SS–20s begin- this opportunity to congratulate Desirae Mont- IN THE HOUSE OF REPRESENTATIVES ning in the 1970s, NATO began installing the gomery for her outstanding accomplishments Thursday, March 30, 2006 U.S. missiles in Europe in late 1983. Self- in the Missionette Program in New Castle, PA. styled peace groups on both sides of the At- The Missionette Program is sponsored by Mr. WILSON of South Carolina. Mr. Speak- lantic, including congressional Democrats First Assembly of God in New Castle, PA. It er, this week, America lost a statesman wIth who preferred the Soviets’ self-serving nu- is a national program that is equivalent to the the death of former Defense Secretary Caspar clear-freeze offer, pilloried Mr. Weinberger and Mr. Reagan for the missile deployment Girl Scouts program, except the Missionette Weinberger on Tuesday in Bangor, Maine. Secretary Weinberger was the architect of in Europe. History has recorded who was Program emphasizes Biblical themes. Desirae right. has achieved the highest award in the pro- President Ronald Reagan’s vision to establish Known as ‘‘Cap the Knife’’ during his budg- gram which includes 27 units with each unit Peace Through Strength leading to victory in et-cutting days in the Nixon administration, consisting of four lessons, a memory verse, the Cold War and liberation of millions of peo- Mr. Weinberger became ‘‘Cap the Saber’’ in activities, and a project. They are required to ple across Central Europe, Eastern Europe, 1981, indispensably helping the president rat- read the entire New Testament and nine and Asia. tle the nation to the cause of its defense. When the Soviet Union imploded in 1991, it honor steps are to be completed which include I am glad to join President Bush’s heartfelt praise: did so with a very able assist from Caspar intense memorization, and this all concludes Weinberger. Winston Churchill would have STATEMENT BY THE PRESIDENT ON THE DEATH with testing. This is not an easy achievement. been very proud.’’ OF CASPAR WEINBERGER Desirae, a fifth grade student, will be hon- Caspar Weinberger was an American f ored May 7, 2006 at First Assembly of God for statesman and a dedicated public servant. He IN HONOR OF MARTIN J. SWEENEY her outstanding accomplishment. wore the uniform in World War II, held elect- I ask my colleagues in the United States ed office, and served in the cabinets of three House of Representatives to join me in con- Presidents. As Secretary of Defense for HON. DENNIS J. KUCINICH OF OHIO gratulating Desirae Montgomery for her out- President Reagan, he worked to strengthen our military and win the Cold War. In all his IN THE HOUSE OF REPRESENTATIVES standing accomplishments in the Missionette years, this good man made many contribu- Thursday, March 30, 2006 Program. It is an honor to represent the tions to our Nation. America is grateful for Fourth Congressional District of Pennsylvania Caspar Weinberger’s lifetime of service. Mr. KUCINICH. Mr. Speaker, STEPHANIE and a pleasure to salute an outstanding citizen Laura and I send our condolences and pray- TUBBS JONES, SHERROD BROWN, MARCY KAP- such as Desirae. ers to the entire Weinberger family. TUR, TED STRICKLAND, TIM RYAN and I rise

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.020 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E469 today in tribute and recognition of City of Conference and guided the union’s collective disease, but also to qualify for a limited pro- Cleveland Council President Martin J. bargaining in the aluminum industry. He led tocol providing a second round of chemo- Sweeney, as he is being honored by the Cuy- major corporate campaigns, including the therapy. No signs or symptoms of the cancer’s ahoga County Democratic Party on March 26, campaign against Ravenswood Aluminum reoccurrence have since appeared. 2006. Corporation that achieved the significant firing I commend Phil Goodman, Molly’s husband, Councilman Sweeney was born and raised of 1,300 permanent scab replacement workers for using this ten-year milestone, one of joy in Cleveland. After graduating from St. Igna- and the return to work of 1,600 steelworkers and reflection, to contribute to the National tius High School, he enrolled at Cleveland after a 20-month lockout. Ovarian Cancer Coalition. By sharing Mrs. State University, where he earned a Bach- In November 1993 he was elected United Goodman’s story, the couple not only cele- elor’s degree in political science. A natural Steelworker’s sixth international president and brates Mrs. Goodman’s survival, but also athlete, Councilman Sweeney was a member reelected in November 1997. George Becker’s raises awareness about the severity of ovarian of the 1986 Cleveland State Basketball team presidency was marked by many major cancer. that reached the ‘‘Sweet 16’’ in that year’s achievements. He restructured the union effi- We here in Washington need to do our part NCAA tournaments. He also graduated from ciency and political strength. He led the suc- to raise awareness about risk factors and the Leadership Cleveland Class of 2004—an cessful merger of the United Rubber Workers early warning signs for ovarian and other organization that unites community leaders into the USWA in July 1995. And in January gynecologic cancers. In this Congress and the from a myriad of fields and areas with a focus 1997, he finalized the merger of the Alu- last, I introduced Johanna’s Law: The on improving the overall quality of life through- minum, Brick and Glass Workers with the Gynecologic Cancer Education and Aware- out the Cleveland community. United Steelworkers of America. ness Act, which would require the federal gov- The residents of Ward 20 have entrusted He also worked as a crane operator at Gen- ernment to take action to increase early detec- Councilman Sweeney with the direction and eral Steel Castings, and as an assembler at tion of gynecologic cancers and ensure that well being of their neighborhood by voting him Fisher Body. Becker became active in the other women never have to go through what as their representative for four consecutive United Steelworkers of America as a member Molly Goodman did. Our bill currently has over terms. Last December, Council Representa- of Local 4804 at Dow Chemical’s aluminum 230 cosponsors, and we are doing everything tives also reflected their unwavering faith in rolling mill in Madison, Illinois. Working as an we can to make it law. Mr. Speaker, I ask my colleagues to join me his leadership by unanimously electing him as inspector in the mill, he was elected succes- recognizing Molly Goodman on this momen- President of Cleveland City Council. Council- sively as a local treasurer, vice president and tous occasion and to share in her hope that man Sweeney also serves the City as Chair of president. we continue to make progress in diagnosing the Finance Committee. Becker was a vocal advocate for the United and defeating this terrible disease. Mr. Speaker and Colleagues, please join us Steelworkers of America in Washington, testi- in honor of Martin J. Sweeney, Ward 20 fying before Congress and meeting with Con- f Cleveland Councilman and President of Cleve- gressional leaders and members of the Ad- CONGRATULATING KAYLA BARBER land City Council, as we join with the Cuya- ministration. On the world stage, he was an hoga County Democratic Party in recognition executive committee member of the Inter- of his dedicated service and contribution fo- HON. MELISSA A. HART national Metalworkers Federation and chair- OF PENNSYLVANIA cused on the residents of Ward 20. Council- man of the world rubber council of the Inter- IN THE HOUSE OF REPRESENTATIVES man Sweeney’s steady leadership and focus national Federation of Chemical, Energy, Mine Thursday, March 30, 2006 on uplifting the quality of life for his constitu- and General Workers’ Unions. ents serves to elevate the well being of our This man is truly one to be honored and Ms. HART. Mr. Speaker, I would like to take entire community. emulated as a great president of the United this opportunity to congratulate Kayla Barber f Steelworkers and a representative of labor for her outstanding accomplishments in the who worked tirelessly for workers everywhere. Missionette Program in New Castle, Pennsyl- IN HONOR AND RECOGNITION OF vania. GEORGE BECKER Mr. Speaker and Colleagues, please join me in honor and recognition of George Becker, The Missionette Program is sponsored by whose dedication and hard work in rep- First Assembly of God in New Castle, Penn- HON. DENNIS J. KUCINICH resenting workers everywhere has helped the sylvania. It is a national program that is equiv- OF OHIO growth of the United Steelworkers of America. alent to the Girl Scout program, except the IN THE HOUSE OF REPRESENTATIVES Missionette Program emphasizes Biblical f Thursday, March 30, 2006 themes. Kayla has achieved the highest award Mr. KUCINICH. Mr. Speaker, I rise today in CONGRATULATIONS TO MOLLY in the program which includes twenty seven honor and recognition of George Becker, GOODMAN units with each unit consisting of four lessons, former International President of the United a memory verse, activities, and a project. Steelworkers of America, a former marine, HON. SANDER M. LEVIN They are required to read the entire New Tes- tament and nine honor steps are to be com- steelworker, and noble and fine worker for OF MICHIGAN pleted which include intense memorization, labor who has helped to build a greater United IN THE HOUSE OF REPRESENTATIVES and this all concludes with testing. This is not Steelworkers of America throughout his mem- Thursday, March 30, 2006 bership. an easy achievement. Mr. Becker was raised in Granite City, Illi- Mr. LEVIN. Mr. Speaker, I rise today to con- Kayla, a 5th grade student, will be honored nois as a second-generation Steelworker. gratulate Molly Goodman as she and her fam- May 7, 2006 at First Assembly of God for her Later he went to work at American City Steel ily commemorate the tenth anniversary of her outstanding accomplishment. I ask my colleagues in the United States in the summer of 1944. victory against ovarian cancer. In 1965, he was named as a USWA staff Mrs. Goodman, like so many women strick- House of Representatives to join me in con- representative and came to the International en with this disease, never suspected that her gratulating Kayla Barber for her outstanding headquarters in 1975. In the Safety and abdominal and gastrointestinal pain concealed accomplishments in the Missionette Program. Health Department, he was instrumental in es- a Stage 3 ovarian cancer diagnosis. The can- It is an honor to represent the Fourth Con- tablishing some of the first national health cer, which had spread from Mrs. Goodman’s gressional District of Pennsylvania and a standards adopted by the Occupational Safety ovaries to parts of her abdomen, was discov- pleasure to salute such outstanding citizen and Health Administration for workers exposed ered during a surgery to remove her gall blad- such as Kayla. to lead, arsenic and other toxic substances. der. f Mr. Becker served as administrative assist- We can only imagine the worry that must HONORING BARRY PURVIS ant to Lynn Williams, after Williams became accompany such a diagnosis. The five-year international secretary in 1977 and inter- survival rate for Stage 1 ovarian cancer is ap- HON. BILL SHUSTER national president in 1983. Becker served two proximately ninety percent. This figure drops, OF PENNSYLVANIA drastically and devastatingly, to a fifteen to terms as international vice president for ad- IN THE HOUSE OF REPRESENTATIVES ministration, having been elected to that posi- twenty percent chance of survival once the tion in 1985 and re-elected in 1989. cancer has elevated to Stage 3. Mrs. Good- Thursday, March 30, 2006 As vice president, Becker chaired the United man was fortunate not only to receive imme- Mr. SHUSTER. Mr. Speaker, I rise today to Steelworkers of America’s Aluminum Industry diate surgery and chemotherapy to treat the honor Barry Purvis, who was named the 2006

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.025 E30MRPT1 ycherry on PROD1PC64 with REMARKS E470 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 Pennsylvania High School Principal of the Rights, which states that ‘‘everyone has the unsustainable Federal budget deficits and the Year by the Pennsylvania Association of Ele- right to freedom of thought, conscience and quagmire in Iraq. mentary and Secondary School Principals. Dr. religion; this right includes freedom to It is an irresponsible budget gimmick to fund change his religion or belief.’’ Additionally, Purvis has served diligently for 3 years as the the war in Iraq through emergency spending. although Afghanistan is an Islamic state, its We are beginning the fourth year of war in principal of Chambersburg Area Senior High Constitution expressly grants followers of School. other religions the right to freely exercise Iraq. Clearly the Bush administration was Dr. Purvis has taken a pivotal role in chang- ‘‘their faith and perform their religious rites aware that there would be funding needs and ing the morale at Chambersburg Area Senior within the limits and the provisions of law.’’ had the opportunity to account for those needs High School by improving the school atmos- The case of Abdul Rahman highlights the in the proposed budget. Instead, the entire phere and reducing discipline problems. His need to define these limits. cost of this war—over $300 billion—is deferred vision for the school, which rests on a founda- Your steady and principled leadership dur- to be paid for by future generations. Congress tion of character-building, has vastly improved ing the uncertain post-war period earned you must have an honest debate about our in- the admiration and trust of the citizens of creasing budget deficit and the implications of the success of Chambersburg Area Senior Afghanistan, who chose you to defend their High School students. Regarded as a forward hard-won freedoms and rights as their first this debt on our country and our future. thinker, Dr. Purvis made major adjustments to democratically-elected President. Similarly, Every American soldier and marine de- the academic curriculum, resulting in the con- the international community has supported serves our support, as well as a realistic and siderable rise of state testing scores and the your reform efforts and we congratulate you honest strategy for success from the Bush ad- graduation rate. on the major social, political, economic and ministration. They also deserve a White House Prior to working as principal of Chambers- security improvements in Afghanistan since and Congress with the courage to pay for this burg Area Senior High School, Dr. Purvis the defeat of the Taliban. war today, not pass the cost on to the children The strength and legitimacy of your demo- served as principal of Chambersburg Area and grandchildren of every American, includ- cratically-elected Government will ulti- ing every veteran who has sacrificed so much Middle School, which he led to earn the Na- mately depend upon that government’s abil- tional Blue Ribbon School designation. He car- in Iraq. ity and willingness to protect and promote For the violence and murder to stop and the ried his success and experience over to the the fundamental human rights of all Afghani high school, overcoming significant challenges citizens. While it may be permitted under Is- civil conflict in Iraq to end, it will require Iraqis, and earning an even more prestigious award. lamic Sharia law, the threatened execution not Americans, willing to find solutions to bring As the Pennsylvania High School Principal of of Mr. Rahman would have violated the U.N. security, stability and peace to their country. the Year, Dr. Purvis will compete for the title Universal Declaration of Human Rights and U.S. troops should never be in the position of the Afghan Constitution. We are grateful of National High School Principal of the Year. being referees in a bloody civil war. Unfortu- this man’s life has been spared, and we hope nately, the Bush administration has no inten- Dr. P, as he is endearingly known by his that your government will take this oppor- students, has made a great contribution to the tion of drawing down U.S. troops anytime tunity to clarify the supremacy of Afghani- soon. The passage of this bill today will en- betterment of our youth and will continue to stan’s constitution within your country’s enhance the education of many. The Cham- legal framework. sure, regrettably, that our troops will remain in Iraq for the foreseeable future. bersburg Area Senior High School faculty and f student body are fortunate to have such a de- f EMERGENCY SUPPLEMENTAL AP- voted leader. The citizens of Chambersburg CONGRATULATIONS TO BETHEL PROPRIATIONS ACT FOR DE- and I would like thank Dr. Purvis for his serv- APOSTOLIC TEMPLE ON ITS FIF- FENSE, THE GLOBAL WAR ON ice and dedication to the education system TIETH ANNIVERSARY and the community. TERROR, AND HURRICANE RE- COVERY, 2006 f HON. KENDRICK B. MEEK EXPRESSING SENSE OF THE SPEECH OF OF FLORIDA HOUSE REGARDING RELIGIOUS IN THE HOUSE OF REPRESENTATIVES PERSECUTION IN AFGHANISTAN HON. BETTY McCOLLUM Thursday, March 30, 2006 OF MINNESOTA Mr. MEEK of Florida. Mr. Speaker, today I IN THE HOUSE OF REPRESENTATIVES SPEECH OF rise to pay tribute to the Bethel Apostolic Tem- HON. ADAM B. SCHIFF Thursday, March 16, 2006 ple on the occasion of its Golden Anniversary. OF CALIFORNIA The House in Committee of the Whole On Saturday, April 1, 2006, the Reverend IN THE HOUSE OF REPRESENTATIVES House on the State of the Union had under Carol Nash will lead her congregation, along consideration the bill (H.R. 4939) making with several guests, to celebrate this milestone Wednesday, March 29, 2006 emergency supplemental appropriations for at the Church’s Humanitarian Awards Banquet Mr. SCHIFF. Madam Speaker, I rise in the fiscal year ending September 30, 2006, and to be held at the Miami Embassy Suites Hotel strong support of H. Res. 736, a resolution to for other purposes: Grand Ballroom. This event will also honor two Condemn Afghan Attempts to Prosecute Con- Ms. MCCOLLUM of Minnesota. Mr. Chair- distinguished members of our community, verts. I share my colleagues’ deep concern re- man, I rise in opposition to H.R. 4939. Today, former Congresswoman Carrie P. Meek, my garding the case of Mr. Abdul Rahman and Congress continues its owe-as-you-go policy mother, and the Reverend Dr. George E. the questions it raises regarding Afghanistan’s of borrowing and spending, burdening future McRae, my pastor and the pastor of Mt. Tabor commitment to religious freedom and human generations of Americans with an additional Missionary Baptist Church. rights. I have sent a letter to Afghan President $92 billion in debt and at the same time em- Founded by the late Dr. Doris R.L. Atkins in Hamid Karzai, and I submit it for the RECORD. bracing the Bush administration’s disastrous January 9, 1956, this citadel of faith in Miami- DEAR PRESIDENT KARZAI: I am writing to war in Iraq. Giving this administration more Dade County has been an unerring witness to you concerning the case of Abdul Rahman, borrowed money for billion dollar no-bid con- the spiritual revivalism that undergirds the whose conversion to Christianity could have tracts without congressional oversight is irre- power of fasting, faith and prayer. Dr. Atkins cost him his life under traditional Sharia sponsible and a policy I can neither justify nor was the resilient leader of this church and an law. defend. inspiration to a remarkable group of pastors, Along with many in the U.S. as well as in In a cynical maneuver, the Republican ma- Britain, Germany, Italy, and Australia, I am evangelists and bishops who are now minis- relieved that Mr. Rahman will not be tried jority has linked nearly $70 billion more for tering to a number of churches throughout for exercising a right that is guaranteed to maintaining U.S. troops in the middle of an South Florida. Dr. Michael Moss took over in him by national and international law. I rec- Iraqi civil war with the resources needed to as- 1988, and through his dynamic theological ognize that you face strong domestic opposi- sist Katrina’s victims and the funds necessary teaching and progressive preaching, Bethel tion to this decision, but I urge the Afghan to keep alive the victims of genocide in Su- Apostolic Temple experienced a period of tre- government to stand by it and to use this op- dan’s Darfur region. I strongly support pro- mendous growth. This visionary pastor led his portunity to demonstrate your Govern- viding our fellow citizens of the gulf coast with congregation in 1997 to what has now bement’s commitment to tolerance, the rule of the resources to rebuild their lives and their law, and the democratic ideals that are just come one of the landmark churches in South beginning to take root in Afghanistan. communities and increasing our commitment Florida. Afghanistan’s Constitution stipulates that to bringing peace to Sudan. However, I cannot Reverend Nash assumed the pastorate in Afghanistan shall abide by the United Na- support an administration policy of consistently 1998 from Dr. Moss, and under her leader- tions’ Universal Declaration of Human misleading the American people about the ship, its burgeoning membership has taken on

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.030 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E471 a tremendous renewal of faith and its outreach head coach, the Badgers have set a school CONGRATULATING KIMMIE MEISS- mission has gone above and beyond the con- record for victories, showing steady improve- NER ON HER PERFORMANCE AT fines of our community. With its vision of holis- ment on the way to this year’s ultimate prize. THE 2006 WORLD FIGURE SKAT- tic empowerment, grounded in biblical prin- Coach Johnson’s players, of course, de- ING CHAMPIONSHIPS ciples, Bethel Apostolic Temple evokes a spirit serve the bulk of the credit for their own suc- of excellence grounded in compassion and cess. And during this year’s tournament, no HON. BENJAMIN L. CARDIN charity not only to its members, but to all Badger star shone brighter than goaltender OF MARYLAND Jessie Vetter. A freshman from Cottage those who seek refuge and solace in its sanc- IN THE HOUSE OF REPRESENTATIVES tuary. Grove, Wisconsin, Jessie allowed one goal With the establishment of the Bethel Temple during three tournament games. Prior to this Thursday, March 30, 2006 Community Development Corporation, My Sis- year, no goalie had ever recorded a shutout Mr. CARDIN. Mr. Speaker, I rise today to ter’s Closet (a boutique for women and fami- during the women’s Frozen Four. Jessie ask my colleagues to join me in congratulating lies going from Welfare to Work), along with earned two, in the semi-finals and the cham- Kimmie Meissner, who on Saturday, March the Bethel Computer Lab, the Bethel Institute pionship. It is no surprise, then, that she was 25, won the gold medal in Ice Skating at the for Living, Bethel Partners in Dominion, and its named the tournament’s Most Outstanding 2006 World Championships in Calgary, Al- Youth Ministry Council, this faithinstitution has Player. berta. truly become not only an instrument of spir- It is, however, not an individual honor but Kimmie was raised in Bel Air, Maryland, just itual enrichment, but also a vehicle for eco- the accomplishment of a team that I wish most a few miles from my home town of Baltimore. nomic development. It is in this context that I to recognize today. Some of the players joked She began skating at age 6, and it was then commend the tremendous work of Rev. Nash, after the game that they had now stolen away that she began preparing for competition. With and cherish the memory of Dr. Atkins and Dr. from their neighbors to the west the title of the help of coach Pam Gregory, Kimmie has Moss who bequeathed to her a vibrant Church ‘‘the State of Hockey.’’ Wisconsin couldn’t be trained at the University of Delaware Figure and an active congregation. prouder. Skating Club since she was just 8 years old. Through the longevity of its faith-action serv- f In 2004, she won the State Farm Junior U.S. ice, Bethel Apostolic Temple has truly per- Championships. In 2005, she landed the CONGRATULATING FRANCES severed in showing us the Way and expound- bronze medal at the U.S. Championships and KOVALESKI UPON BEING NAMED ing for us the Truth that emanate from our became just the second U.S. woman ever to ‘‘WOMAN OF THE YEAR’’ BY THE knowledge of the Gospels. It is through this land a triple axel. LACKAWANNA COUNTY FEDERA- ministry that its role has been defined and is Last February, Kimmie represented the TION OF DEMOCRATIC WOMEN wisely articulated by the injunction that the United States at the Winter Olympics in genuine measure of our love for God is condi- Torino, placing sixth out of 24 competitors. tioned by our commitment ‘‘* * * to the least HON. PAUL E. KANJORSKI Along with Sasha Cohen and Emily Hughes, of these.’’ OF PENNSYLVANIA she was part of the trio of Americans to finish Indeed, Rev. Nash’s timely and inspiring IN THE HOUSE OF REPRESENTATIVES in the top 10. Although it was her first Olym- leadership is genuinely admirable. As a serv- Thursday, March 30, 2006 pics, Kimmie performed beyond all expecta- ant of God and as a community leader, she Mr. KANJORSKI. Mr. Speaker, I rise today tions and was confident even in the company has indeed earned our deepest respect and to ask you and my esteemed colleagues in the of her impressive competition. superlative commendation. This is the legacy House of Representatives to pay tribute to On Saturday, however, Kimmie truly shone of Bethel Apostolic Temple on its 50th Anni- Frances Kovaleski of Lackawanna County, above all others. Her performance was simply versary. Our entire community shares the joy Pennsylvania, who has been named ‘‘Woman amazing; it featured seven triple jumps, includ- of this occasion and extends best wishes for of the Year’’ by the Lackawanna County Fed- ing the only two triple-triple combinations of the future. eration of Democratic Women. the day. It earned her a personal best 129.7 f Mrs. Kovaleski is a daughter of Marguerite points—more than enough to land her first Schmidt Roland and Francis Roland, of West place and win the admiration of thousands of HONORING UNIVERSITY OF Scranton. Her parents were active in Demo- fans. Although she entered the final program WISCONSIN WOMEN’S HOCKEY cratic Party politics and they impressed upon in third place, Kimmie did not let that discour- their daughter the political values they shared. age her. Instead, the Fallston High School stu- HON. TAMMY BALDWIN Even in high school, Frances volunteered to dent whose motto is, ‘‘Do what you enjoy; OF WISCONSIN work in a Scranton mayoral campaign for enjoy what you do,’’ surprised everyone by IN THE HOUSE OF REPRESENTATIVES former Democratic Mayor James J. Walsh. winning the championship. In doing so, she Thursday, March 30, 2006 Frances graduated from St. Patrick’s High became the first woman to win the World School in Scranton and went on to cosme- Championships in her first appearance since Ms. BALDWIN. Mr. Speaker, I rise today to tology school, after which she and a friend Oksana Baiul’s victory in 1993. recognize the University of Wisconsin wom- opened their own beauty salon. Kimmie’s performance was special—and I en’s hockey team, which on March 26 de- Frances married Kenneth Kovaleski in 1971 am certain that it will be remembered by her feated the Gophers of the University of Min- and the couple had three sons. Several years family, friends and fans for a long time. ESPN nesota 3–0 to claim the 2006 NCAA national ago, Mrs. Kovaleski worked on the campaign has called her victory ‘‘one of the biggest up- championship. This is the first national cham- of Linda Munley, who was running for register sets in World Figure Skating Championships pionship won by the Badger women’s hockey of wills in Lackawanna County. Mrs. Munley history.’’ After the event, Kimmie remarked, team, and in fact it is the first NCAA cham- won and appointed Mrs. Kovaleski to serve as ‘‘Standing on the podium and watching the pionship for any UW women’s team since her deputy. flag . . . was such a proud moment for me.’’ 1985. This also marks the first Division I wom- Mrs. Kovaleski is also active in other civic Mr. Speaker, I want Kimmie to know that she en’s hockey title won by a school outside the endeavors. Besides serving as a member and has also made Maryland and the United State of Minnesota. treasurer in the Lackawanna County Federa- States proud, and I urge my colleagues to join The championship victory was a fitting end tion of Democratic Women, Mrs. Kovaleski me in congratulating her. to an amazing year for the Badgers, which in- also works tirelessly for St. Joseph’s Center, f cluded a record 36 victories and a Patty serving as president in 2005 and presidential Kazmeier National Player of the Year Award advisor this year. She also served on its board HONORING FORMER AIR FORCE winner in junior forward Sara Bauer. The final of directors and many of the committees. CAPTAIN JOHN HAYES game was also UW’s fifth victory of the sea- Mrs. Kovaleski served as president of the son in six games against the archrival Go- Society of Irish Women in 2004. HON. KENNY MARCHANT phers, a team that had dominated the Badgers Mr. Speaker, please join me in congratu- OF TEXAS in years past. lating Mrs. Kovaleski. Her devotion to Demo- IN THE HOUSE OF REPRESENTATIVES For Badgers coach Mark Johnson, this ac- cratic causes and her commitment to family complishment can stand beside his greatest and community have touched the lives of Thursday, March 30, 2006 as a player, including the 1977 NCAA men’s many people in a positive manner and have Mr. MARCHANT. Mr. Speaker, today I rise championship and the ‘‘Miracle on Ice’’ 1980 improved the quality of life in Lackawanna to recognize former Air Force Captain John M. Olympic gold medal. In each of his 4 years as County. Hayes for receiving The Silver Beaver Award,

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.033 E30MRPT1 ycherry on PROD1PC64 with REMARKS E472 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 the highest award Boy Scouts Councils may agement in a positive step toward ecosystem It is our intention to constructively contribute grant to a volunteer. John is the Military and management, incorporating our vastly in- to the coming debate in the House over na- Veterans Affairs Liaison in my Irving, Texas, creased scientific understanding of ocean eco- tional ocean fishery management by stressing office. systems and the rapidly developing body of policy to strengthen the conservation of ocean John’s devotion to the Boy Scouts of Amer- experience in this approach gained by the Re- fish resources while supporting the extraor- ica through the years makes him well-deserv- gional Fishery Management Councils in dinary efforts of our administration and Re- ing of this award. He is a District Commis- projects around the Nation. It would require gional Fishery Management Councils. I urge sioner in the Circle Ten Council and, with his the administration to develop comprehensive my colleagues to cosponsor H.R. 5051 and wife, Mary, chaired the Circle Ten Council guidelines, with the councils, to support the join us in this critical policy debate. POW WOW for 2 years. He has also taught drafting of Fishery Ecosystem Plans. Science f on ecosystems is very advanced, to the extent POW WOW at the Boy Scouts’ Philmont, New INTRODUCTION OF THE DESIGN that over 200 scientists signed on to a sci- Mexico, Training Center for 4 years. PIRACY PROHIBITION ACT A former Air Force combat pilot, he currently entific consensus statement on ecosystem serves as the Senior Vice Commander of the management organized by the Communication Dallas Chapter of the Military Order of The Partnership for Science and the Sea (COM- HON. BOB GOODLATTE World Wars. John is also very active in the PASS) on March 21, 2005. OF VIRGINIA Dallas Veterans Foundation. He will be a For stocks that are designated as over- IN THE HOUSE OF REPRESENTATIVES chairman for the Military Order of the World fished, our bill proposes to require overfishing Thursday, March 30, 2006 Wars sponsored Youth Leadership Con- to end by a date certain. Currently, and as a Mr. GOODLATTE. Mr. Speaker, I rise to inference in June in Fort Worth, Texas. The result of a ruling by a Federal district court troduce the Design Piracy Prohibition Act. conference provides leadership and patriotic which held that overfishing could occur during Article I section 8 of our Constitution lays training for high school students. the rebuilding of the stock, overfishing is a the framework for our Nation’s copyright laws. I congratulate John on this high honor from continuing problem for stocks in many parts of It grants Congress the power to award inven- the Boy Scouts. This country thanks him for the Nation. Out of 175 stocks in the Nation tors and creators, for limited amounts of time, his dedicated service—both in the military and about which the status is known, 53 are over- exclusive rights to their inventions and works. with the Boy Scouts of America. The 24th Dis- fished. Rebuilding time frames for some spe- The Founding Fathers realized that this type trict of Texas benefits from having a man with cies have reached over 40 years in length, of incentive was crucial to ensure that America such valuable experience and strong alle- during which overfishing may continue under would become the world’s leader in innovation giance to his country serve them in my concurrent law. However, the administration sup- and creativity. This truth is still applicable gressional office. ports ending overfishing by a date certain, well today. We must be sure to continue to reward f within a time in which Regional Fishery Man- our innovators with the exclusive rights to their agement Councils could act, so that rebuilding works for limited periods of time. This incen- INTRODUCTION OF THE MAGNU- time frames become less contentious. The tive is still necessary to maintain America’s SON-STEVENS FISHERY CON- Pombo-Young-Frank bill extends the rebuild- position as the world leader in innovation. SERVATION AND MANAGEMENT ing time frame for fisheries from the current 10 Most industrialized nations provide legal REAUTHORIZATION ACT OF 2006 year limit under a wide range of cir- protection for fashion designs. However, in the cumstances, but does not address overfishing United States—the world’s leader in innovation HON. WAYNE T. GILCHREST at all. This approach takes us backward, not and creativity—fashion designs are not protected by traditional intellectual property pro- OF MARYLAND forward in ensuring sustainable use of our tections. Copyrights are not granted to apparel IN THE HOUSE OF REPRESENTATIVES fisheries. The National Environmental Policy Act because articles of clothing, which are both Thursday, March 30, 2006 (NEPA) is very controvertial, as my colleagues creative and functional, are considered ‘‘useful Mr. GILCHREST. Mr. Speaker, today, along know. The Senate, in its Magnuson-Stevens articles,’’ as opposed to works of art. Design with my distinguished colleagues, Representa- reauthorization bill, requires the administration patents are intended to protect ornamental de- tives EHLERS, BARTLETT, LEACH, FARR, CASTLE, to work between the National Oceanic and At- signs, but clothing rarely meets the criteria of and SHAYS, I am introducing legislation to re- mospheric Administration and the White patentability. Trademarks only protect brand authorize the Magnuson-Stevens Fishery Con- House Council on Environmental Quality to names and logos, not the clothing itself, and servation and Management Act, which pro- better integrate the process required by NEPA the Supreme Court has refused to extend vides the U.S. with authority to manage fish- and the process required by Magnuson-Ste- trade dress protection to apparel designs. Thus, if a thief steals a creator’s design, re- eries in U.S. waters. Our bill would enact crit- vens for its Fishery Management Plan proc- produces and sells that article of clothing, and ical updates to our current national fishery pol- ess. Given that the Resources Committee has attaches a fake label to the garment to market icy management that will ensure sustainable held only one hearing on this issue, I believe it, he would be violating Federal law. However fisheries well into the future. I urge my col- this is the best approach. Providing the Sec- under current law it is perfectly legal for that leagues to join us in cosponsoring H.R. 5051. retary of NOAA with the authority to waive same thief to steal that same design, repro- Both nationally and globally, our fishery re- NEPA for Fishery Management Plans, as the duce and sell the article of clothing if he does sources are stretched to meet increasing de- Pombo-Young-Frank bill proposes, is too not attach a fake label to it. This loophole al- mand—Americans alone now consume over 4 broad to capture potential pitfalls about which lows pirates to cash in on others’ efforts and billion pounds of seafood annually. Fishery we are only beginning to understand. prevents designers in our country from reaping management has improved greatly since the Finally, the most important aspect of fishery a fair return on their creative investments. enactment of the Sustainable Fisheries Act in management is the containment of annual har- Furthermore, the production life cycle for 1996. Yet too often, we continue to experience vest limits within boundaries that support sus- fashion designs is very short. Once a par- overfishing and overcapacity—too many boats tainability of fishery stocks. The number of ticular design gains popularity through a fash- and too few fish—throughout our Nation’s overfished stocks demonstrates our failure to ion show or other event, a designer usually oceans—a situation that is not sustainable achieve this important limit. The Senate has has only a limited number of months to effec- over time. In national policy, we must make been engaged in a productive negotiation over tively produce and market that original design. the sustainable harvest of our living marine re- this issue—how to establish accountability for Further complicating this short-term cycle is sources and the ecosystems on which they the administration and the Councils and to the fact that once a design is made public, pi- depend our highest priority. support stronger science in setting and achiev- rates can now virtually immediately offer an I commend Chairman POMBO, Mr. FRANK, ing such limits. The Pombo-Young-Frank bill identical knock-off piece on the Internet for and Mr. YOUNG for their introduction of a com- does include many provisions to strengthen distribution. Again, under current law this theft prehensive Magnuson-Stevens reauthorization the state of fishery management science and is legal unless the thief also reproduces a bill, and I believe its close alignment with S. the use of science in management decisions, label or trademark. Because these knock-offs 2012 is a solid step forward in improving the but does not address the need to ensure that are of such poor quality, these reproductions health of our Nation’s fisheries. However, I be- fisheries are not stretched beyond the scientif- not only take away designer’s profits, but also lieve recent advances in marine science and a ically established limits it provides. While I be- damage the designer’s reputation. greater understanding of our complex ocean lieve neither the House nor the Senate has Chapter 13 of the Copyright Act offers pro- ecosystems can help shape an even stronger achieved consensus on this issue, our bill in- tection for the designs of vessel hulls. The De- bill. Our bill proposes to move fisheries man- cludes such accountability. sign Piracy Prohibition Act protects designers

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.037 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E473 by amending Chapter 13 of the Copyright Act as the ‘‘people’s attorney’’ with pride and he For the record, I have been a long time sup- to also include protections for fashion designs. never, ever let his own success in public life porter of our Nation’s veterans and will con- Because the production life cycle for fashion go to his head or prejudice his judgment; for tinue to support them in their causes and designs is very short, this legislation similarly David, doing the right thing was the only way needs. provides a tailored period of protection that to do business. In fact, I have introduced legislation that suits the industry—3 years. This legislation Mr. Speaker, in 2002, David offered his con- would further honor them, H.R. 995, the Com- further establishes damages for infringing a siderable talents and service to the people of bat Military Medically Retired Veterans Act, fashion design at the greater of $250,000 or south Alabama when he ran for the Repub- which allows combat military medically retired $5 per copy. lican nomination for U.S. Congress. While for veterans who received the Purple Heart to col- As America’s fashion design industry con- obvious reasons I am personally grateful that lect their prorated military retirement pay. tinues to grow, America’s designers deserve the outcome turned out as it did, I can say Many of these veterans served in the Viet- and need the type of legal protections that are with all honesty and candor that had the vot- nam War, and gave their all for us and should already available in other countries. The De- ers rendered a different judgment, the people not be penalized just because they are receiv- sign Piracy Prohibition Act establishes these of south Alabama would have been welling compensation from the VA. While many protections, and I urge my colleagues to sup- served by David’s passion for public service disabled veterans go on to enjoy happy, pro- port this important legislation. and by his drive and determination to rep- ductive lives, many are unable to due to the resent one and all equally. severity of their wounds. f Mr. Speaker, at this time, I ask my col- Under any doctrine of fairness it is our leagues to join me today in recognizing John CONGRATULATIONS TO DAVID moral obligation to ‘‘care for him who shall David Whetstone for his tireless efforts and his WHETSTONE ON THE OCCASION have borne the battle.’’ This bill is a good step tremendous contributions to the citizens of the OF HIS RETIREMENT in correcting the inequity of retirement and dis- First Congressional District and the entire State of Alabama. ability benefit to our combat disabled veterans. HON. JO BONNER The experience and enthusiasm he brought Again, let me express my support for the OF ALABAMA to his job and the concern and compassion he Vietnam Veterans Memorial Visitor Center IN THE HOUSE OF REPRESENTATIVES displayed for all people in Baldwin County are Deadline Enforcement Act and my gratitude Thursday, March 30, 2006 unquestioned and unparalleled. He has indeed for Chairman POMBO’s leadership for our Na- been a genuine asset to the entire State of tion’s veterans. Mr. BONNER. Mr. Speaker, it is with great Alabama. On behalf of the thousands of men, f pride and real pleasure that I rise today to pay women and children he has assisted over the tribute to a longtime friend and a lifetime pub- TRIBUTE TO THE AMERICAN RED past two decades, I am proud to say, ‘‘Thank lic servant, John David Whetstone, on the oc- CROSS you, David, for a job well done.’’ casion of his retirement after serving as Bald- While I am confident David will continue to win County District Attorney for nearly 22 remain actively involved in the life of Baldwin HON. JERRY MORAN years. County and southern Alabama for many years OF KANSAS David Whetstone is the consummate profes- to come, I hope this new chapter in his life af- IN THE HOUSE OF REPRESENTATIVES sional. Joining the district attorney’s office in fords him a few more free minutes each day Thursday, March 30, 2006 1979 as an assistant DA, David has dedicated to enjoy the richness of life and the love of his practically all of his adult life fighting crime and wonderful wife, Lynne, as well as his fine chil- Mr. MORAN of Kansas. Mr. Speaker, I rise standing up for the people of Baldwin County dren, Deborah, J.D. and Chris, and the newest today to recognize March as American Red as the people’s attorney. Moreover, he has Whetstone, grandson John David III. Cross month. This faithful organization strives served the families of Baldwin County and On behalf of all his friends and admirers each day to carry out their motto, ‘‘There south Alabama with compassion, dedication throughout Alabama, I wish to extend to David when you need us.’’ On behalf of a grateful and a tremendous level of professionalism. and his family all the best, now and in the fu- nation, I thank the Red Cross for their impor- A 1963 graduate of Greenville High School, ture. tant service to those individuals in need. David went on to serve in the United States f This month we recognize the vital role Air Force during the Vietnam war era. He was played by this organization in communities honorably discharged as a sergeant in 1968, VIETNAM VETERANS MEMORIAL across our Nation and abroad. Since its found- and he worked his way through college and VISITOR CENTER ENFORCEMENT ing in 1881 by Clara Barton, this organization law school using the G.I. Bill. David graduated ACT has been committed to serving America in from the University of West Florida in 1970, peace and in war, during times of natural dis- SPEECH OF and from the University of Alabama School of aster and national calamity. In 1905, this orga- Law in 1973. HON. JERRY WELLER nization was chartered by Congress ‘‘in accord In 1984, then-Governor George C. Wallace OF ILLINOIS with the military authorities as a medium of nominated David to the position of Baldwin IN THE HOUSE OF REPRESENTATIVES communication between the people of the County District Attorney. He was subsequently Tuesday, March 28, 2006 United States and their armed forces.’’ Since elected to his first 6-year term in 1986 and then, the Red Cross has provided communica- Mr. WELLER. Mr. Speaker, we owe our vet- has been reelected ever since, usually with tions and other humanitarian services to help erans a great debt of gratitude. Their sac- only token opposition. members of the U.S. military and their families rifices have protected the democratic ideals Throughout his tenure, David has been a around the world. that are the foundation of our country, and tireless advocate on behalf of all the people of Time and time again, from floods and torna- their heroism continues to be an example for Baldwin County. No one who ever called on does to diseases and terrorist attacks, the Red all Americans. David Whetstone didn’t get a prompt, personal That is why I rise today to express my Cross has led the way in providing disaster re- response. strong support of H.R. 4882, Vietnam Vet- lief in times of emergency. By offering cloth- David Whetstone is known for his powerful erans Memorial Visitor Center Deadline En- ing, food, shelter, health care, and mental and intimidating presence in the courtroom forcement Act. This bill would ensure the prop- health services, the Red Cross has extended and probably best known for his storytelling. er remembrance of Vietnam veterans and the a helping hand and provided comfort and en- Many will also remember his appearance on Vietnam War by designating a site for a visitor couragement to millions of people around the ‘‘The Phil Donahue Show’’ after filing more center for the Vietnam Veterans Memorial. world. than 200 child support collection complaints in I voted ‘‘no’’ by accident on this important The Red Cross is also highly regarded for 1 day. bill yesterday, but strongly support it and in- their efforts in health and safety preparedness. But outside of the spotlight that comes with tended to vote ‘‘yes.’’ In order to be effective in times of crisis, it is his office, David has a heart as big as the Further, I praise Chairman POMBO for his imperative to have adequate preparation. The State of Alabama and as pure as a pound of leadership on this issue, and congratulate him Red Cross is instrumental in keeping the Na- gold. on the overwhelming support he received yes- tion’s blood banks supplied, by organizing and He is the type of person that empathizes terday on passage of the Act. conducting blood drives. The Red Cross has with people from all walks of life and has a As this valuable bill has not passed the also taken the lead in providing CPR and First tremendous, caring capacity for those who are Senate yet, I encourage them to take it up as Aid training to countless volunteers. In times less fortunate. David Whetstone wore his title soon as possible and pass it without delay. of trouble, these preparation efforts make all

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.041 E30MRPT1 ycherry on PROD1PC64 with REMARKS E474 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 the difference and embody the true spirit of HONORING THE MEMORY OF CALI- GOSPEL MUSIC WEEK the American people, which is to help out our FORNIA STATE SENATOR AL- fellow man in times of trouble. FRED E. ALQUIST HON. JIM COOPER In May, the American Red Cross will turn OF TENNESSEE 125 years old. This organization, while having HON. JIM COSTA IN THE HOUSE OF REPRESENTATIVES its roots firmly steeped in the past, is eagerly OF CALIFORNIA Thursday, March 30, 2006 looking towards the future and overcoming the IN THE HOUSE OF REPRESENTATIVES challenges that come our way. I have con- Mr. COOPER. Mr. Speaker, beginning this fidence they will succeed. The Red Cross is a Thursday, March 30, 2006 weekend, more than 3,000 individuals will vehicle for the common American to help their Mr. COSTA. Mr. Speaker, I rise today to gather in my hometown of Nashville to cele- neighbor and that spirit will never fade. I com- honor the memory of former California State brate one of the most exciting and fastest- mend the Red Cross for serving the United Senator Alfred E. Alquist. He is survived by growing segments of the music industry. While States and its international neighbors for 125 his wife, State Senator Elaine White Alquist; most people around the world think of Nash- years. son Alan Alquist; stepsons Peter and Bryan ville—Music City—as the place to come to White; and five grandchildren. enjoy the best country and bluegrass music in f Alfred Ernest Alquist was born in Memphis, the world, Nashville is also home to another Tennessee on August 2, 1908. He began his powerful music force: the Gospel Music Asso- PERSONAL EXPLANATION professional life as a railroad yardmaster and ciation. transportation supervisor, in which he dutifully From April 1st through April 5th, Nashville HON. MARILYN N. MUSGRAVE served for 40 years. In his time with the rail- will host Gospel Music Week. It is five days of concerts, worship services, performance OF COLORADO road industry, Senator Alquist developed and cultivated a keen interest in transportation showcases, educational seminars and exhib- IN THE HOUSE OF REPRESENTATIVES issues. With a passion for policy nested, Sen- its, all culminating on Wednesday evening with Thursday, March 30, 2006 ator Alquist joined his local Democratic Club in the GMA Music Awards. Known as the Dove San Jose, California, which proved to be a Awards, this year’s ceremony will be held at Mrs. MUSGRAVE. Mr. Speaker, I was un- stepping stone for his political career. the Grand Ole Opry House and hosted by Re- available on the evening of Tuesday, March Ever the dedicated citizen, Senator Alquist becca St. James and Kirk Franklin, both 28, 2006, and as a result, was not able to cast embarked on the campaign trail and was Grammy and Dove Award winners them- my vote on rollcall vote 69. The matter under elected to the California State Assembly in selves. St. James and Franklin will also per- consideration was passage of the Milk Regu- 1962. After his years in the Assembly, Senator form during the evening’s program that will latory Equity Act, S. 2120. Alquist was elected to the State Senate in feature artists ranging from soulful gospel to Mr. Speaker, had I been present, I would 1966 and became the first full-time Legislature guitar driven pop to powerful quartet harmo- have recorded my vote on rollcall vote 69 as that same year. nizing and more. ‘‘yea’’ in support of passage for S. 2120, the Senator Alquist’s legislative legacy includes The sold-out event is a testimony to the Milk Regulatory Equity Act. serving as Chair of the Senate’s Budget Com- popularity and power of gospel music today. mittee for 15 years. His concern for Califor- Christian and gospel music sales have in- f nia’s future earthquake preparedness led him creased from $381 million in 1995 to over $700 million annually, an 80 percent increase TRIBUTE TO A FALLEN SOLDIER to author landmark legislation that created the state’s Seismic Safety Commission and the over the last decade. Over 43.5 million units of Energy Commission. Senator Alquist spear- Christian and gospel music CDs, cassettes, HON. MICHAEL BILIRAKIS headed a bill that established the Santa Clara digital albums, and digital tracks were sold in OF FLORIDA Valley Transportation Authority and was the 2005. That figure represents over 6 percent of all music sales in 2005 and ranks higher than IN THE HOUSE OF REPRESENTATIVES pioneer in leading an almost two decade effort to build a state office in San Jose, California. Latin, Soundtracks, Jazz or Classical releases. Thursday, March 30, 2006 When the building was completed in 1983, it As John W. Styll, president of the Gospel Mr. BILIRAKIS. Mr. Speaker, I would like to was named in Mr. Alquist’s honor. Music Association has said, this growth in the pay tribute to a fallen soldier from the Ninth Senator Alquist retired from the State Legis- Christian and gospel music isn’t surprising. Congressional District of Florida. Army Ser- lature in 1996. He was 88 years old when he ‘‘The heart of gospel music may be in the geant Michael D. Rowe, from New Port ended his tenure and made history by becom- lyrics, but the soul is in the passion with which Richey, Florida, was killed by a roadside bomb ing the State Senate’s longest-serving mem- these artists perform.’’ in Rutbah, Iraq. His death came just before his ber. Clearly, the world is passionate about gos- 24th birthday. Senator Alfred Ernest Alquist passed away pel music and the many outstanding artists who will appear in Nashville in the coming Michael’s decision to join the military dem- on Monday, March 27, 2006 at the age of 97. days. I salute each of these individuals, and onstrates his dedication and service to this na- I had the great pleasure of being Senator the Gospel Music Association, as they prepare tion. Following high school, our young people Alquist’s seatmate while we served together in for the 37th Annual GMA Music Awards and have many opportunities and wide open doors the Senate. Senator Alquist touched the lives Gospel Music Week and another year of in- to pursue their dreams. Michael chose the of many people and his legacy will remain spiring performances that touch the hearts and path of the Army because he believed that it vivid for generations to come. His genuine souls of music lovers worldwide. was his honor and duty to serve his nation concern and vision for the future have all and protect our freedom. In fact, he had told made the state of California a much better f his mother that the Army would be his career place. REGARDING RESOLUTION OF IN- and had re-enlisted for another four years of f QUIRY SEEKING DOCUMENTS service shortly before he died. He did not CONCERNING WHITE HOUSE choose this path because he thought that he PERSONAL EXPLANATION KNOWLEDGE OF THE CONSTITU- would one day become a war hero or that this TIONAL INFIRMITY OF S. 1932 career would provide him a lucrative and ex- HON. DAN BOREN travagant life. OF OKLAHOMA HON. HENRY A. WAXMAN I know it has been a very hard and difficult IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA time for Michael’s family and friends, espe- IN THE HOUSE OF REPRESENTATIVES cially since Michael’s wife, Rebecca, is expect- Thursday, March 30, 2006 ing their first child in July. I hope they know Mr. BOREN. Mr. Speaker, on rollcall Nos. Thursday, March 30, 2006 that the nation thanks him for his service and 43, 45, 47, 48, 49, 50, 51, 52, 55, 59, 60, and Mr. WAXMAN. Mr. Speaker, today, I and a we appreciate the sacrifices they had to make 63, had I been present, I would have voted number of my colleagues are introducing leg- for us as well. ‘‘yes’’. islation to investigate the White House’s Let freedom ring where all can hear it and Mr. Speaker, on rollcall Nos. 44, 46, 53, 54, knowledge of the constitutional defects of S. let Sergeant Michael Rowe’s memory be eter- 56, 57, 58, 61, 62, 64, 65, 66, and 67, had I 1932, the Deficit Reduction Act of 2005, at the nal. been present, I would have voted ‘‘no.’’ time the President signed the bill into law.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.045 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E475 On February 8, 2006, President Bush bus Reconciliation Act of 2005. During the House and Senate had voted for different bills, signed into law a version of S. 1932 that was House-Senate conference committee on the the House having adopted a version that pro- different in substance from the version the bill, a significant last-minute issue arose in the vided for 36 months for DME and the Senate U.S. House of Representatives passed on conference involving how long Medicare having adopted a version that provided for 13 February 1, 2006. The House-passed version should pay for durable medical equipment, months. of the legislation required the Medicare pro- DME. Existing Medicare law provided for pay- Because the budget legislation originated in gram to lease ‘‘durable medical equipment,’’ ments for DME by Medicare under a fee the Senate, the official version was returned to such as wheelchairs, for seniors and other schedule for an unlimited period of time. In an the Senate before being transmitted to the beneficiaries for up to 36 months, while the effort to reduce Medicare spending, the con- President for his signature. At this point, a version of the legislation signed by the Presi- ferees tentatively agreed to reduce the dura- Senate clerk made a second substantive dent limited the duration of these leases to tion of Medicare payment to just 13 months. change in the legislation, revising the House- just 13 months. As the Congressional Budget This proposal, however, generated objec- passed text to reflect the original Senate- Office reported, this seemingly small change tions from a Senator and Representative from passed amendment. This change restored the from 36 months to 13 months has a dispropor- Ohio, where a major manufacturer of oxygen 13-month period for coverage of DME other tionately large budgetary impact, cutting Medi- equipment is located. To accommodate their than oxygen equipment. care outlays by $2 billion over the next 5 concerns, the conference report reduced the On February 7, the budget legislation was years. duration of Medicare payments for most DME presented to the President. The documents Under the U.S. Constitution, a bill cannot to 13 months, but directed Medicare to con- transmitted to the President included an attes- become law unless the same version is tinue to pay for oxygen equipment for 36 tation by House Speaker DENNIS HASTERT and passed by both Houses of Congress and months. The final conference report was filed President pro tern of the Senate TED STEVENS signed by the President. It appears that the on December 19, 2005. that the legislation had been passed by both Republican congressional leadership knew The House passed the conference report on the Senate and the House. that the process of enacting S. 1932 violated S. 1932 on December 19, 2005, by a vote of On the morning of February 8, the White this principle. Now evidence is mounting that 212–206. House Office of Management and Budget noti- the President and his staff may have know- The Senate considered the conference re- fied Republican congressional staff that the ingly participated in this constitutionally infirm port on December 19, 20, and 21. During that version of the legislation presented to the process. President was not the same as the version of As I wrote to former White House chief of consideration, several points of order were the legislation passed by the House. This in- staff Andrew Card on March 15, I have raised against the report and sustained as vio- formation was conveyed to the office of House learned that the Speaker of the House advised lating the congressional budget process. A Speaker HASTERT. The Speaker’s chief of staff the White House of the differences between motion was made to waive these points of then called senior staff at the White House to the House-passed bill and the bill presented to order but that motion was defeated. The effect advise the White House of this mistake and to the President before the President signed the was to defeat the conference report in the Senate. request a delay in signing of the legislation. legislation. This account was confirmed in a The Wall Street Journal recently published March 22 Wall Street Journal article, which re- On December 21, the Senate passed S. an account of the communications between ported that the Speaker’s chief of staff ‘‘called 1932 with an amendment that reflected the the Speaker’s chief of staff and the White a high ranking White House official’’ and contents of the conference report, minus the House. According to the Wall Street Journal, ‘‘asked the Administration to delay pro- items that generated the points of order. The the Speaker’s office ‘‘confirmed . . . that the ceedings until the problem could be addressed vote in the Senate was a tie, and Vice Presi- Illinois Republican had asked the administra- by the House and Senate.’’ Nevertheless, the dent CHENEY cast the deciding vote. This bill, tion to delay proceedings until the problem President signed S. 1932 into law without any as amended, was then sent back to the House could be addressed by the House and Sen- action by the House and Senate to address for its concurrence. ate.’’ Indeed, the Wall Street Journal reported, the problem. In the process of transmitting the bill, as This information has serious constitutional amended, back to the House, the Senate clerk ‘‘When the Speaker and Senate Majority implications. When the President took the oath made a significant substantive change to the Leader . . . went to the White House for the of office, he swore to ‘‘preserve, protect, and legislation. This change extended the duration Feb. 8 ceremony, they expected only a ‘mock defend the Constitution of the United States.’’ of Medicare payments for all DME to 36 ceremony’—not a real signing of the parch- If the President signed S. 1932 knowing its months, the same time period provided in the ment that had been presented in error.’’ constitutional infirmity, he would in effect be Senate amendment for oxygen equipment. On the afternoon of February 8, despite the placing himself above the Constitution. The Senate clerk realized the mistake, and the communications from the House Speaker, the The President’s decision to authorize the Republican House leadership was informed of President signed the bill. The version the National Security Agency to conduct the error in January, several weeks before President signed is the version that reflected warrantless wiretaps despite Federal laws for- final House floor action was scheduled to the Senate-passed amendment, not the bidding the practice has raised questions in occur. House-passed text. the minds of many Americans about whether Such errors in formal messages between THE NEED FOR THE RESOLUTION he considers himself bound by the laws en- the houses are not unprecedented. They are Over 100 years ago, the Supreme Court ad- acted by Congress. The mounting evidence recorded in the House precedents as having dressed whether a bill could become law if the that the President signed the Reconciliation occurred as long ago as March 13, 1800, and version signed by the President differed from Act into law knowing that it differed from the as recently as July 12, 2005. They are typi- the version passed by the House and Senate. legislation passed by Congress now raises the cally handled by sending the legislation back In the case of Field v. Clark, 143 US 649 issue whether he considers himself bound by to the Senate for the mistake to be corrected. (1892), the Court held that the President could the provisions of the Federal Constitution. The response by the Republican leadership rely on the attestation of the Speaker of the Given the constitutional issues at stake, it is to the error in S. 1932, however, was without House and the President of the Senate that imperative that Congress exercise its oversight precedent. It constitutes a violation of the the legislation before the President was the powers to examine what the President and his House Rules and of the Constitution itself. same as the legislation that passed the Con- staff knew about the defects in S. 1932 and Apparently concerned that any additional gress. But the Court also recognized that the how they considered and acted on any such vote in the Senate could endanger passage of outcome would be different if there were a information. The resolution of inquiry I am in- the legislation, the Republican leadership did ‘‘deliberate conspiracy’’ to ignore the Constitu- troducing today would advance such a con- not seek to correct the problem. Instead, the tion. As the Court wrote: gressional inquiry by requesting that the White Republican leadership brought the legislation It is said that . . . it becomes possible for House provide Congress with all documents to the House floor on February 1 without re- the Speaker of the House of Representatives relating to information the White House re- vealing to the Democratic leadership or the and the President of the Senate to impose ceived about the difference between the body of the House that the 36-month period in upon the people as a law a bill that was version of the bill the House passed on Feb- the legislation before the House did not rep- never passed by Congress. But this possi- ruary 1 and the version the President signed bility is too remote to be seriously consid- resent the legislation passed by the Senate. ered in the present inquiry. It suggests a de- on February 8. On February 1, the House voted on the liberate conspiracy to which the presiding BACKGROUND version of the bill, as amended, that contained officers, the committees on enrolled bills, Last fall, the House and Senate passed dif- the DME mistake. The vote was extremely and the clerks of the two houses must nec- ferent versions of the Deficit Reduction Omni- close, 216 to 214. As a result of this vote, the essarily be parties, all acting with a common

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.051 E30MRPT1 ycherry on PROD1PC64 with REMARKS E476 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 purpose to defeat an expression of the pop- dings, and, of course, deaths as well. Always EMERGENCY SUPPLEMENTAL AP- ular will in the mode prescribed by the con- warm, always accessible, Rabbi Simckes has PROPRIATIONS ACT FOR DE- stitution. guided our community as pastor and friend. FENSE, THE GLOBAL WAR ON It now appears that the possibility that a TERROR, AND HURRICANE RE- Our community has been blessed to have President would knowingly sign legislation that COVERY, 2006 did not pass Congress is no longer ‘‘too re- such a devoted and passionate leader. Though Rabbi Simckes will be missed his role mote to be seriously considered.’’ In fact, this SPEECH OF is exactly what appears to have happened as congressional rabbi, his spirit and convic- when President Bush signed the Reconcili- tions will remain as a permanent legacy for HON. CAROLYN C. KILPATRICK ation Act. the community. The importance he placed on OF MICHIGAN learning, and his deep devotion to the Jewish To learn more about this matter, I wrote the IN THE HOUSE OF REPRESENTATIVES President’s chief of staff, Andrew Card, on people and their faith, have inspired us all, March 15, seeking information on the Presi- and we look forward to his continued involve- Thursday, March 16, 2006 dent’s knowledge of the bill’s constitutional in- ment in our lives. The House in Committee of the Whole firmity. When the Wall Street Journal reported To Chana Simckes, on behalf of the entire House on the State of the Union had under on March 22 that Speaker HASTERT’s office community, I want to thank you for sharing consideration the bill (H.R. 4939) making had informed the White House of the prob- emergency supplemental appropriations for lems with the legislation, I joined Democratic your husband to us so readily and for so long. the fiscal year ending September 30, 2006, and Leader NANCY PELOSI in sending a second let- Without your love and support neither he, nor for other purposes: ter to the White House. Unfortunately, there we, could have made it so far, and for so long, Ms. KILPATRICK of Michigan. Mr. Chair- has been no White House response. together. man, I would like to use this opportunity to ad- I therefore urge my colleagues to support Mr. Speaker, I ask all my colleagues in the dress this House to explain my vote on H.R. the resolution of inquiry I am introducing House to join me in recognizing my leader, my 4939, the Emergency War and Hurricane Sup- today. The American public deserves a de- pastor, my guide, and my friend, Rabbi Dr. H. plemental Appropriations Act for Fiscal Year tailed explanation of what went wrong with the Joseph Simckes for his 29 years of service to 2006, which this chamber considered on enactment of S. 1932—and assurance that the Hollis Hills Jewish Center. We send him March 16, 2006. government leaders will not ignore basic con- our very best wishes in his years of well- Despite my misgivings for the direction of stitutional requirements regarding the legisla- earned retirement. our Iraq policy, I do not believe our troops, tive process. who are fighting so bravely, should be penal- f f ized for the mistakes in judgment of our civilian military leadership in the White House and IN RECOGNITION OF RABBI DR. H. the Pentagon. I also believe we need to con- JOSEPH SIMCKES COMMENDING HAITI FOR HOLDING DEMOCRATIC ELECTIONS tinue our obligation to the people and states who fell victim to Hurricane Katrina. For these HON. GARY L. ACKERMAN reasons, I supported the passage of H.R. OF NEW YORK SPEECH OF 4929, the Emergency Supplemental Appro- IN THE HOUSE OF REPRESENTATIVES HON. ALCEE L. HASTINGS priations Act for Fiscal Year 2006. Thursday, March 30, 2006 The funds in this bill will enable our soldiers OF FLORIDA and marines on the ground to uparmor their Mr. ACKERMAN. Mr. Speaker, I rise today vehicles. There should be more outrage from IN THE HOUSE OF REPRESENTATIVES in honor of Rabbi Dr. H. Joseph Simckes, who the American public that they were deployed has just retired after 29 years of service to the Tuesday, March 28, 2006 without adequate equipment from the begin- Hollis Hills Jewish Center. ning. But they are there, and it is vital that As the spiritual leader of the Hollis Hills Mr. HASTINGS of Florida. Mr. Speaker, I they have the equipment necessary to protect Jewish Center, Rabbi Simckes’ dedication and rise today to honor the people of the Republic themselves against attack. Moreover, more compassion to our community has been un- of Haiti for holding successful democratic elec- money is provided in this bill to help our paralleled. I have had the great honor of tions on February 7, 2006. I would also like to troops detect and destroy improvised explo- knowing this intelligent, wise and kind-hearted congratulate their chosen successor, Mr. Rene sive devices (IEDs). individual, both on a personal level and as an ´ advocate for the numerous important issues, Preval. Although I disagree with the administration’s and, particularly, support for the state of Israel, I commend the people of Haiti for their ac- conduct of the war, I do believe the one way that we have worked on together. tive commitment to and unbridled belief in de- we can bring our troops home sooner is to Throughout his extraordinary career, Rabbi mocracy. On such an auspicious occasion, the provide Iraqi security forces with the training and equipment they need to provide for the Simckes has been deeply and profoundly in- best way we can honor the Republic of Haiti common defense of their own country and volved in the education of Jewish youth. His is by continuing to lend our support through take the fight to the insurgency. Ultimately, the strong support of Jewish education was evi- economic and humanitarian policy that encour- fate of their country will rise and fall on the dent early in his career through his role in ages development, not dependency. helping to found the first Solomon Schecter Iraqis’ ability to provide for their own security. While elections are the necessary first step Day School in Boston. Rabbi Simckes has To further help our troops, the money in this also led over 40 student-groups on tours towards democracy in Haiti, there still remains bill will take care of the health care needs of throughout Israel. I have seen first hand the a long road ahead. It is crucial that we, the their families and cover the projected shortfall importance Rabbi Simckes places on edu- United States, do not continue to perpetuate in the defense health care account. It also cation through the important work that he has the legacy of interference and neglect in Hai- honors the obligation Congress made last year done helping sculpt today’s Jewish curriculum tian affairs. to increase the military death gratuity to and the vast knowledge and rigor that he dis- We must work with the newly elected Presi- $100,000 from $12,000 and subsidized life in- plays in his moving sermons. The wisdom he dent of the Republic of Haiti, Rene Pre´val, and surance benefits that were increased to $400,000 for the families of fallen loved ones. has shared both inside and outside of his con- we must work with Haitians in both Haiti and gregation has improved and enriched the lives the U.S. to make their dreams of sustained The bill also helps needy families offset the high cost of heating fuel by providing an addi- of thousands in the community. democracy and prosperity a reality. Rabbi Simckes is also a trained therapist, tional $750 million for the Low Income Home whose compassion and guidance have com- Several of my distinguished colleagues, my- Energy Assistance Program (LIHEAP). Finally, forted both old and young. Rabbi Simckes has self included, have a significant number of the bill honors what I feel is our country’s obli- been a pillar of strength throughout his tenure Haitian constituents in our district. It is my sin- gation to help the Gulf Coast region by appro- counseling, comforting, and sharing in the pain cerest hope that we will work to bring their priating $19.1 billion in disaster relief, commu- and joy of the whole community. home country out of the grips of poverty and nity development and levee reconstruction Rabbi Simckes has stood with the Queens despair once and for all so that Haiti’s rich, yet monies. Jewish Community during our most important tumultuous, past will finally evolve into a future These programs deserve our support. We life-cycle moments: births, bar-mitzvahs, wed- of sustained success. cannot turn our backs to protecting

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.054 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E477 the safety and welfare of troops in harms way own upbringing, she strove to provide a loving, cruit and organize professionals to assist im- or ignore those who have gone homeless as stable and supportive environment for the migrants as well as the neediest people in the a result of Hurricane Katrina. These people young children she encountered in Milwaukee. community. He founded Marcelino Pan Y need our help and that is why I voted to sup- VE Carter Child Development Center, one of Vino, Inc., a nonprofit organization that has port this emergency supplemental appropria- the first childcare centers owned and operated earned worldwide recognition for its work with tions bill. by an African-American woman in Milwaukee, the National Institutes of Health in assisting f has grown into a city institution, with five cen- those with leukemia, AIDS, cancer, and those ters that serve almost 500 children and em- in need of an organ transplant. Most recently, RETIREMENT OF JUANITA ploy over 150 workers. his organization raised $25,000 for Katrina dis- CONKLING Mrs. Carter advocated for quality childcare aster relief in the gulf coast. for low-income children long before its connec- Rev. Hoyos is the founder of the radio pro- HON. NICK J. RAHALL II tion to lifelong success was widely acknowl- gram called ‘‘Catholic Newsletter’’ and the TV OF WEST VIRGINIA edged. Her work with children has taken her show called ‘‘Community and Religion Dose’’ IN THE HOUSE OF REPRESENTATIVES deeply into the lives of the families she a program of prayer and faith that is aimed at serves. She has a passion for working with Thursday, March 30, 2006 spreading a positive message to alcoholics, single mothers, helping them develop stable gang members, and the troubled youth. He is Mr. RAHALL. Mr. Speaker, I want to extend home lives for their children and assisting also a columnist for various local and inter- my heartfelt thanks and appreciation to Mrs. them in identifying and overcoming obstacles national papers that reach the Hispanic com- Juanita Conkling who, for the past 40 years, to their own success. In addition to VE Carter munity. has served this esteemed body in the offices Child Development Center, she also operates Not one to forget his roots, Rev. Hoyos of the House Sergeant at Arms and the Chief a social service agency that serves nonviolent founded and is president of Colombia Integra, Administrative Officer. In April of this year, offenders—many of them parents—assisting an organization that gives Colombians, who Juanita will officially end her tenure working them with finding employment and supporting have fled their native land, the tools needed to for this body and her contributions will be re- their families and communities. become active members of our society. membered for many years to come. Mrs. Carter’s leadership extends throughout Over the years, Rev. Hoyos’s deeds have Juanita came to the House of Representa- the State, not only as an accomplished and not gone unnoticed by the community he tives on May 1, 1965, after working 1 year for articulate childcare advocate, but also as an cares so deeply about. He has been recog- the Federal Bureau of Investigation. She came advocate of education more generally. She nized as ‘‘Hispanic Man of the Year’’ by the to work initially for the House Sergeant at has served on the board of the Wisconsin staff of ‘‘Diario Nacion’’ a Washington, DC, Arms and, most recently, has been the payroll/ Technical College System, working to ensure newspaper. The Alexandria Police Department benefits administrator in the Office of Mem- that education and skills development continue named him ‘‘True Community Hero.’’ He has bers’ Services. to be accessible to low-income parents, help- been selected as ‘‘Washingtonian of the Year’’ Much has changed in this body and on Cap- ing them move out of poverty and create a by the Washingtonian Magazine. Last, but not itol Hill in the 40 years Juanita has been here. better life for their children. least, Rev. Hoyos was granted the honor to Eight different Presidents, from Lyndon B. Mr. Speaker, for all these reasons and carry the Olympic torch from the Atlanta Olym- Johnson to George W. Bush, have given State many more, I am honored to have this oppor- pics through the streets of Arlington. of the Union addresses before Joint Sessions tunity to pay tribute to Mrs. Carter’s numerous Mr. Speaker, the Reverend Jose Eugenio of Congress. Twenty Congresses have come and profound contributions to the Fourth Con- Hoyos has been responsible for touching thou- and gone, along with countless Members and gressional District. I thank her for her love of sands of lives over the course of his career. staff. All the while, Juanita has remained con- children, her commitment to their families, and He is truly a beacon of light putting his faith sistent, doing her job serving the Members of her visionary leadership in Milwaukee. into action. For his dedication, the people of this body. f northern Virginia are genuinely grateful. Juanita has had the responsibility of ensuring that the Members of Congress were paid TRIBUTE TO THE REVEREND JOSE f on time each month. She has advised Mem- EUGENIO HOYOS bers, new and old, on their ongoing options IN RECOGNITION OF RABBI DAVID relative to their compensation and benefits. HON. JAMES P. MORAN WISE And she has been a friend to countless Mem- OF VIRGINIA bers and their families. IN THE HOUSE OF REPRESENTATIVES HON. GARY L. ACKERMAN I am proud to call myself a friend of Juanita OF NEW YORK Thursday, March 30, 2006 Conkling. And on the occasion of her retire- IN THE HOUSE OF REPRESENTATIVES Mr. MORAN of Virginia. Mr. Speaker, I rise ment after 40 years of service to the U.S. Thursday, March 30, 2006 House of Representatives I want to extend my today to pay tribute to the Reverend Jose deepest appreciation for her friendship and Eugenio Hoyos, a distinguished member of Mr. ACKERMAN. Mr. Speaker, I rise today outstanding contributions to this body. May our community who has dedicated his life to to honor Rabbi David Wise, who in August she have many wonderful and exciting years serving the less fortunate through his vocation began his tenure as Rabbi of the Hollis Hills ahead fulfilling her retirement dreams. in the Catholic Church. Jewish Center. f The Rev. Hoyos began his commitment to A native of Toronto, Ontario, Rabbi Wise exemplary community service over 20 years grew up as an active member in the edu- IN TRIBUTE TO LORRAINE CARTER ago when he was ordained into the priesthood cational programs and youth groups of the at the Cathedral of St. Pedro in Buga, Colom- Conservative movement. He continued his Ju- HON. GWEN MOORE bia. From there he continued his studies at the daic involvement at the Jewish Theological OF WISCONSIN Catholic Theological Union in Chicago, IL, Seminary in New York, where he received a IN THE HOUSE OF REPRESENTATIVES where he earned his master of divinity. Masters degree and was ordained a Rabbi. After completing his studies, he returned to Upon completion of his studies, Rabbi Wise Thursday, March 30, 2006 Colombia where he became an associate pas- began his rabbinical career at Temple Beth El Ms. MOORE of Wisconsin. Mr. Speaker, I tor at the Parish of St. Juan De Avila in in Somerset, New Jersey. rise today to recognize a compassionate lead- Bogota´ and taught both philosophy and reli- Rabbi Wise is tremendously dedicated to his er and true visionary from the Fourth Congres- gion at nearby colleges. He remained in Co- congregation and the surrounding Jewish sional District, Lorraine Carter. For over 35 lombia for several years until he was relocated community. For years, he has worked to help years, Mrs. Carter has operated the VE Carter to Northern Virginia where he is currently serv- congregants read Torah, haftarah, and to in- Child Development Center, and has served as ing as director of the Spanish Apostolate for crease their skills as prayer leaders. Rabbi forceful advocate for low-income children and the Diocese of Arlington. Wise is also active in the synagogue’s edu- their families. Since arriving in Northern Virginia 16 years cational programs, encouraging both children Mrs. Carter came to Milwaukee from Ne- ago, Rev. Hoyos has dedicated his life to and adults in their exploration of Judaism. braska in 1958, and worked as a special-edu- serving the public community in many different With an open door and welcoming smile, cation teacher before starting the VE Carter ways. Beginning in 1992, Rev. Hoyos envi- Rabbi Wise serves as a friend and mentor to Child Development Center. Inspired by her sioned an organization with the purpose to re- any congregant seeking guidance, as well as

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those who want to deepen their Jewish learn- tiations. I agree with my colleagues that we Representative MCDERMOTT, Representative ing and commitment. should be seeking the best deals possible with JEFFERSON and I have put forward these ideas Rabbi Wise plays many roles in promoting each of our trading partners. However, I disregarding the expansion of benefits for textile, the growth of a strong Jewish community and agree with the notion that the United States apparel and agricultural products under AGOA this involvement has been a staple of his ca- should threaten all of our developing country as a way to start a discussion among other reer. During his years in New Jersey, Rabbi trading partners, many of which are struggling Members and stakeholders about the best Wise taught rabbinic literature in the upper- to pull themselves out of poverty, with the way to promote sustainable economic growth school of the Solomon Schechter Day School elimination of current trade benefits in an ill- in sub-Saharan Africa. We recognize that sub- of Raritan Valley. An active Zionist, Rabbi considered attempt to strengthen our hand at Saharan Africa faces a wide variety of chal- Wise also led the first ever Beth El congrega- the negotiating table. lenges and that there are potentially several tional trip to Israel. As the vice president for I do not mean to suggest, however, that our different approaches that could be taken to special programming of the New Jersey Rab- current trade preference programs should promote the long-term health of the region. binical Assembly, Rabbi Wise helped organize never be changed to reflect new realities in We look forward to working with our col- a spiritual retreat to the Princeton Theological trade and the rules of the WTO. For that rea- leagues, interested parties in the private sec- Seminary after the High Holiday Season. son, the Trade Preference Extension and Ex- tor and civil society, and AGOA country gov- Rabbi Wise was also a member of the steer- pansion Act calls for only a 1 year extension ernments to gather additional information ing committee for Jewish LIFE, a cooperative of GSP and ATPA. It is important to evaluate about the best ways to address the challenges body of synagogues and Jewish institutions how well these programs are working for facing sub-Saharan Africa today, and we striving to bring adult learning to the commu- workers and businesses both in the United stand ready to work in Congress to ensure nity. States and developing countries—and to con- that the United States continues to play a In addition to promoting Jewish education sider whether changes should be made to im- leadership role in promoting economic devel- throughout New Jersey, Rabbi Wise has prove the programs. In fact, Representative opment in the region. The third key aspect of the Trade Pref- served on the boards of the Jewish Federation MCDERMOTT, Representative JEFFERSON and I erences Extension and Expansion Act is a of Greater Middlesex County and Ramah Day sent a letter to Chairman THOMAS today re- Sense of the Congress resolution calling on Camp of Raritan Valley. Rabbi Wise also of- questing that the Ways and Means Committee hold hearings as soon as possible to consider the President to make a determination as fered his services as a chaplain to the Franklin soon as possible regarding the extension of the future of GSP and ATPA, as well as the Township Police Department in New Jersey. AGOA benefits to Liberia. The October 2005 African Growth and Opportunity Act (‘‘AGOA’’). On behalf of the entire community, I am de- elections in Liberia represented a key step in I believe it is important that the Congress and lighted to welcome Rabbi Wise, his wife, Judy building peace in Liberia, following nearly two all interested stakeholders begin to investigate Krinitz, and their two children, Jordana decades of civil war. Further, the election of Nechama and Elijah Mordechai to our part of and consider this issue immediately, as it is Ms. Ellen Johnson Sirleaf as President of Li- the Big Apple. We look forward to many years likely that Congress will make changes to beria marks an important milestone for Africa, of his spiritual leadership as our pastor and these programs next year in order to imple- as President Johnson Sirleaf is the first elect- our friend. Together, we will continue our ef- ment agreements negotiated as part of the ed female President in African history. Presi- forts to make the Queens Jewish Community Doha Development Agenda round of World dent Johnson Sirleaf has laid out a multi- a place that our children and families are Trade Organization negotiations. faceted government agenda emphasizing se- proud to call our home. The second key aspect of the Trade Pref- curity, public and private-sector led revitaliza- Mr. Speaker, I ask all my colleagues in the erence Extension and Expansion Act is the tion, good governance and anti-corruption ef- House to join me in welcoming and honoring extension and expansion of benefits provided forts, regional and international cooperation, the new spiritual leader of the Hollis Hills Jew- to sub-Saharan Africa under AGOA. In the and political reconciliation and inclusiveness. ish Center, a man of humor, knowledge, and year since the expiration of global textile and President Sirleaf Johnson also has made the wisdom, Rabbi David Wise. We send him our apparel quotas, sub-Saharan Africa’s exports improvement of workers rights a high priority. very best wishes. to the United States of apparel fell by 16 per- In light of recent progress in Liberia and need f cent, and the sector has lost as many as to promote economic growth in the country, I 100,000 jobs. Further, the textile and apparel believe it is important that the President ex- THE TRADE PREFERENCE industries in sub-Saharan Africa face many tend AGOA benefits to Liberia as soon as EXTENSION AND EXPANSION ACT challenges beyond the elimination of global possible. quotas, including competition from well-estab- I urge my colleagues to join Representatives HON. CHARLES B. RANGEL lished and sometimes subsidized producers, MCDERMOTT, JEFFERSON and me in supporting OF NEW YORK such as China, and inadequate infrastructure the Trade Preference Extension and Expan- IN THE HOUSE OF REPRESENTATIVES and other supply-side constraints. sion Act. In recognition of these challenges, the f Thursday, March 30, 2006 Trade Preference Extension and Expansion Mr. RANGEL. Mr. Speaker, today Rep- Act would extend until December 2007, the THE COALITION FOR resentative JEFFERSON, Representative current duty-free benefits provided under INTERNATIONAL JUSTICE MCDERMOTT and I are introducing the Trade AGOA for apparel made in least developed Af- Preference Extension and Expansion Act. rican countries from third country fabric. If this HON. CHRISTOPHER H. SMITH There are three key aspects to this legislation. benefit is not extended, it will be reduced in OF NEW JERSEY First, the act would extend for 1 year the half on October 1 of this year, putting at risk IN THE HOUSE OF REPRESENTATIVES trade benefits provided to developing countries the fledgling apparel industries that have pro- Thursday, March 30, 2006 under the U.S. Generalized System of Pref- vided vitally needed jobs and economic growth Mr. SMITH of New Jersey. Mr. Speaker, it erences (‘‘GSP’’) and the Andean Trade Pref- in sub-Saharan Africa. has come to my attention that a Washington- erence Act (‘‘ATPA’’). Both of these programs The Act also would establish a simpler, based non-governmental organization—the currently are scheduled to expire at the end of value-added rule of origin for apparel and ex- Coalition for International Justice—will close 2006. Our trade preference programs are crit- tend additional benefits to the textile and agri- its offices this week after 10 years of service ical, not just to workers and businesses in de- cultural sectors under AGOA. These provi- to the cause of justice around the world. veloping countries, but to U.S. workers and sions are intended to enable the textile and Serving as Chairman and Co-Chairman of businesses. It is important that we extend apparel industries in sub-Saharan Africa to the Helsinki Commission for that same period these programs immediately in order to pro- compete, given the current market reality in of time, I have worked closely with the Coali- vide our trading partners, as well as U.S. man- the region, which is that African textile mills tion and seen the effect of its work. Ten years ufacturers and retailers, the predictability nec- cannot generally produce fabric in sufficient ago, the conflict in Bosnia and Herzegovina essary to make business and investment deci- quantity and variety to meet the needs of Afri- was a priority in U.S. foreign policy, a conflict sions for the future. can apparel producers or market demand. In in which numerous war crimes, crimes against I have heard some of my colleagues sug- addition, these provisions are intended to pro- humanity and genocide were committed. Many gest that we should let these programs lapse mote sustainable development in sub-Saharan of us fought for the inclusion of basic justice in order to pressure our trading partners to Africa by promoting the diversification of the as an element in our country’s policy re- agree to the demands of U.S. negotiators in economies of countries in the region, particu- sponse, and an international tribunal was for- ongoing bilateral and multilateral trade nego- larly in the agricultural sector. tunately created for that purpose. At the time,

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IN THE HOUSE OF REPRESENTATIVES New York Daily News entitled ‘‘Africa’s Lead- ing Lady’’ which reveals that African women The Coalition for International Justice was a Thursday, March 30, 2006 are coming to the fore, trying to right all of the tireless advocate of another view, one that Mr. TOWNS. Mr. Speaker, I rise today in wrongs put and held in place by a succession saw no true peace, nor the resulting long-term recognition of a talented and distinguished of brutal and corrupt African men. Emphasis is stability, in Bosnia or anywhere else, without community theater group, the Heights Players, placed on the atrocities carried out by Taylor appropriate consideration of justice. Time has as they embark upon their 50th anniversary. It and his followers and mentions how Taylor’s since shown how correct that view has been. is an honor to represent the Heights Players greed has ‘‘casually’’ reduced Liberia to a pau- Bosnia and Herzegovina has come a long way in the House of Representatives and it be- per state. since the mid-1990s, in large part because hooves us to pay tribute to such an out- I personally believe that Ellen Johnson- those responsible for war crimes, crimes standing community organization that has Sirleaf, also known as the ‘‘Iron Lady’’ for her brought the art of performance to adults and determination and tenacity, is the very best against humanity and genocide were instead children throughout Brooklyn. person to lead Liberia from its dark, tormented removed from positions of authority and made Mr. Speaker, the Heights Players were past into a bright and productive future. accountable at the tribunal located in The founded in 1956 by a small collection of the- [From the New York Daily News, Mar. 30, Hague. Many of those people might still be at atre-lovers and successfully produced their 2006] large had the Coalition, among others, not ad- first production, Hasty Heart, in February of AFRICA’S LEADING LADY: PRESIDENT’S GUTSY vocated a tough policy toward those powers 1957. The Heights Players eventually estab- MOVE VS. WARLORD TEACHES VALUABLE who were harboring and protecting them. lished themselves as a nonprofit educational LESSON Many of us can remember the State Depart- corporation of New York, offering a workshop (By Stanley Crouch) ment’s hesitancy, let alone that of many Euro- program and expanding the group to extend When Charles Taylor, the ex-Liberian thug pean foreign ministries, to these tough meas- opportunities to new performers and directors. president, was arrested in Nigeria trying to ures. Today, however, the United States main- For the past 50 years, the Heights Players escape the clutches of international law, he was in a car with 110–pound bags of embez- tains an effective conditionality on assistance have continued to assume an active role in the community by presenting performances for zled money. Well, he was not traveling light. to Serbia and, along with the European Union, homeless groups, senior citizens and hospital- Taylor had risen to power after seven years on Serbia’s integration efforts due to the par- of civil war, had won an election with 75% of bound children. In 1962, the Heights Players ticular failure to transfer Ratko Mladic to The the vote and had casually reduced his coun- moved to their current location at the historic try to a pauper state. He is accused of start- Hague. Similar linkages apply to another at- 26 Willow Place in the basement of the Alfred ing conflicts in four other African states and large indictee, Radovan Karadzic. T. White Community Center. The Heights encouraging the chopping off of hands, feet, Representatives of the Coalition for Inter- Players, under their Board of Directors, con- lips and noses in Sierra Leone so that the national Justice participated in numerous brief- tinuously seek to enhance the quality of their terrified population would not hinder the sale of stolen diamonds. ings and hearings of the Helsinki Commission performances, facilities, and organization. The Heights Players now enjoy a large Taylor is one of those African butchers on this subject, and were always available to who could have modeled himself on King membership of 200 subscribers and a group provide useful information when justice in the Leopold II, the 19th-century Belgian king. mailing list of 2,500 supporters, including Balkans became part of our policy debates. Leopold’s colonial policies in the Congo re- those from the Brooklyn Heights Community sulted in countless slaughters and many mu- The Coalition similarly assisted the inter- along with the tri-state area. The Heights Play- tilations in the interest of producing a prof- national criminal tribunal established for Rwan- ers also continue to provide special Theater itable rubber crop. da in its efforts to be fair, responsible and ef- for Children performances, traveling entertain- Leopold became a pariah among European courts, but naturally black-faced variations fective in the provision of justice. Its mandate ment to Brooklyn hospitals, nursing homes, and Hale House in Manhattan, and special in Africa have wielded iron-fisted power later expanded to help the investigation and without compunction, worrying only about prosecutions process in East Timor, to estab- performances to nearly 1,000 homeless New being overthrown by some ambitious fellow lish a tribunal for Khmer Rouge crimes in Yorkers annually. They have been awarded monster in the military. If given the time, Cambodia, and to create a Special Court for for their ongoing laudable community efforts these monsters have fled to another African by Brooklyn Borough President Abe Stark, the country, or to the Arab states, or even to the Sierra Leone. It helped track the finance of Brooklyn Heights Association, the City Coun- French Riviera, where they have been able to such notorious figures as Charles Taylor, Sad- cil, and Borough President Howard Golden, cool out and impress everyone with their pil- dam Hussein and the Khartoum elites, in addi- who designated April 4, 1987, as ‘‘Heights fered riches. As the Taylor case has proven, that trend tion to Slobodan Milosevic and Radovan Players Day.’’ Karadzic. Most recently, the Coalition has in African politics may be coming to a Mr. Speaker, I believe that it is incumbent screeching halt. Ellen Johnson-Sirleaf, the been part of the international effort not just to on this body to recognize the achievements first elected female president in all of Africa, hold those responsible for the genocide in and committed service of the Heights Players had requested that Nigeria hand over Taylor Darfur accountable from the crimes already as they continue to offer their artistic talents to the authorities in Sierra Leone, where he committed but to protect the civilian population and performances for the benefit of the com- would have to face charges of individual butchery, mutilation and crimes against hu- there from continuing to be victimized. munity. Mr. Speaker, may our country continue to manity. Mr. Speaker, I have appreciated the work of benefit from the actions of altruistic community African women are coming to the fore, trying to right all of the wrongs put and held in the Coalition for International Justice as a re- leaders such as the Heights Players. source of accurate information, and as an ad- place by a succession of brutal and corrupt f African men. African justice has been as po- vocate to a reasonable, practical approach to rous as Swiss cheese for more than 40 years the sometimes controversial subject of inter- AFRICA’S LEADING LADY and the African people have suffered enor- national justice. While its board and staff may mously while black Americans in or out of have concluded that the Coalition has largely HON. CHARLES B. RANGEL elected office, in or out of the civil rights es- OF NEW YORK tablishment, have either ignored the horrors accomplished the tasks it was created to ad- wrought upon the people or have figured out dress, they know, as do we, that horrible IN THE HOUSE OF REPRESENTATIVES ways to blame it all on others. crimes continue to be committed against inno- Thursday, March 30, 2006 The women of Africa are more interested in dealing with the facts than maintaining a cent people in conflicts around the world. I am Mr. RANGEL. Mr. Speaker, I rise today to confident that the dedicated individuals who cosmetic front of innocence. In a number of commend Ellen Johnson-Sirleaf, the first elect- places across Africa, we see women rooting made the Coalition such a success will con- ed female president of Liberia, for her straight- out corruption and conceiving laws that will tinue, through other organizations and offices, forward opinion that addresses jurisdictional bring them closer to a standard of human in the struggle for international justice. control for prosecutorial legal action against equality.

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He grad- that American women, having been taught OF MARYLAND uated from Osbourn High School in 1940 and much by the civil rights movement, can in- IN THE HOUSE OF REPRESENTATIVES spire African women by example, and that later from Virginia Tech. elected or appointed African officials can He joined the Army Air Force in 1942 and Thursday, March 30, 2006 lead the way through the ingrained igno- began pilot training in Alabama, but was as- Mr. RUPPERSBERGER. Mr. Speaker, I rise rance, poverty and disease that block human signed to the British Royal Air Force, where before you today to mourn the loss and honor fulfillment. Such human force explains the he completed his training. the life of PFC Amy Duerksen, who died the mystery of African optimism. He was part of an allied mission to fly lum- 11th day of March 2006 in support of Oper- f bering transport planes laden with heavy ation Iraqi Freedom. REMEMBERING HARRY PARRISH supplies, weapons and ammunition from Private Duerksen was no stranger to the India into China over the world’s highest United States Armed Forces. She was third- mountain range, the Himalayas. generation military. Her father is MAJ Douglas HON. FRANK R. WOLF The C–47s like the one Parrish flew took W. Duerksen, an Army chaplain at Aberdeen OF VIRGINIA off from crude, sometimes muddy airfields in Proving Ground in Aberdeen, MD. Her grand- IN THE HOUSE OF REPRESENTATIVES the Indian jungles and struggled to heft their father, Wayne Duerksen, is a veteran of the Thursday, March 30, 2006 cargo over icy peaks that doomed many Navy, having served in World War II. And her flights. Because Japan controlled land routes sister, April Duerksen, is also a member of the Mr. WOLF. Mr. Speaker, it is an honor for through Burma, the airlifts over what pilots Army, stationed at Fort Sam Houston, Texas. me to remember Mr. Harry Parrish, member of called ‘‘the Hump’’ were the only way to sup- In April of last year, Amy joined the Fourth the Virginia General Assembly and decorated ply the legendary Flying Tigers, which Combat Support Battalion, First Brigade, World War II pilot from Manassas, VA, who bombed Japan from bases in China. Fourth Infantry Division, based at Fort Hood, passed away on March 28 at the age of 84. Parrish received the Distinguished Flying TX. Her unit was deployed on Christmas Day. Harry Parrish served over 50 years in elect- Cross and the Air Medal with two oak leaf On the eighth day of March 2006, Private ed office, including 13 terms in the House of clusters. He left active duty in 1946 but flew Duerksen suffered injuries in a noncombat-re- Delegates and chairman of the Finance Com- as an Air Force reservist in wars with Korea lated incident, and she was not able to re- mittee since 2000, Manassas council member, and Vietnam before retiring as a colonel and cover from those injuries. and mayor. At the time of his passing, he was command pilot. She is remembered as a dedicated soldier the oldest serving member of the House of In 2002, as one of few remaining World War who greatly loved her country and faithfully Delegates. During his 12 years as town coun- II veterans in the General Assembly, Parrish served her fellow Americans by fighting for cilman and 18 years as mayor, Harry helped helped secure Virginia’s $334,000 contribution this great nation. Private Duerksen was full of guide the transformation of Manassas from a to the National World War II Memorial in passion and life. She possessed a strong faith small Virginia town to a thriving, lively suburb. Washington, D.C. and willingly shared that with others. As a member of the House of Delegates, he ‘‘I kind of regret us being the last state, Private Duerksen risked her life to serve our was known for conducting himself in a bipar- but I’m glad we finally came around,’’ Par- country. She deserves our unending admira- tisan manner, putting Virginia first. I was proud rish said in an interview, pained that Vir- tion and appreciation. Mr. Speaker, I ask that to call Harry my friend. He was a true Virginia ginia was the last state to contribute to the you join with me in honoring the life of PFC gentleman. memorial. Amy Duerksen. She was a remarkable soldier Harry was also a decorated World War II Parrish was elected to the House in 1981 as and patriot. pilot. As part of the British Royal Air Force he part of an insignificant Republican minority. flew C–47s over the Himalayas delivering sup- Before that, he served for 12 years on the Ma- f plies, weapons and other cargo, from India to nassas Town Council and for 18 years as A TRIBUTE TO MICHAEL J. China. He received the Distinguished Flying mayor. During his mayoral term, Manassas CHAMBERS Cross and the Air Medal for his valiant efforts. transformed from a town into a thriving, af- He served as a reservist in the Korean and fluent city. HON. EDOLPHUS TOWNS Vietnam wars before retiring as a colonel. Through a total of 53 years in elected of- OF NEW YORK I insert for the RECORD the Potomac News fice, Parrish won abiding respect as a lis- IN THE HOUSE OF REPRESENTATIVES obituary from March 28. A northern Virginia tener and problem solver from Republicans native, Harry will be deeply missed by the and Democrats. In 2000, when the GOP ended Thursday, March 30, 2006 a century of Democratic dominance in the people of Manassas, and at home by his fam- Mr. TOWNS. Mr. Speaker, I rise today in ily and wife, Mattie, of 62 years. House, Parrish became co-chairman and later chairman of the Finance Committee, recognition of Michael J. Chambers, and I [From the Potomac News, Mar. 28, 2006] where his evenhandedness endeared him del- hope my colleagues will join me in recognizing HARRY PARRISH DIES AT 84 egates and senators of both parties. the accomplishments of this outstanding member of the Brooklyn community. (By Bob Lewis) ‘‘He’s my best friend,’’ Democratic Sen. Mr. Chambers joined the North Brooklyn RICHMOND, VA—Harry Parrish, who defied Charles J. Colgan of Prince William said in a death as a decorated World War II pilot and 2004 interview. ‘‘He and I are the only Demo- Health Network in November 1998. As the headed the state’s most powerful tax-writing crat and Republican in the General Assembly senior associate executive director for the De- panel in the General Assembly, died Tues- ever known to have held a fund raiser to- partment of Psychiatry, he is responsible for day. He was 84. gether.’’ the operation of an extensive network of emer- Parrish had been in intensive care at Parrish was willing to exert his independ- gency, inpatient, and outpatient services to the Prince William Hospital for about three residents of Bushwick, Bedford Stuyvesant, weeks, suffering from pneumonia. His death ence at times, even at the risk of his own was announced by Sen. John Chichester dur- party’s wrath and his prized House leader- Fort Green, Williamsburg, and Greenpoint. ing a meeting of the Senate Finance Com- ship post. Prior to his service at the North Brooklyn Health Network, Mr. Chambers was the Ad- mittee on Capitol Square. By two votes, Parrish’s committee in 2004 Parrish had been in declining health for at advanced a bill to increase taxes by about ministrator of the Department of Psychiatry at least two years but continued a full legisla- $1.4 billion. When the bill came before the Jamaica Hospital Medical Center in Queens. tive schedule, including acting as chairman full House for a decisive vote that April, Par- He was also instrumental in the development of the House Finance Committee, one of the rish was among 17 Republicans who sided of its new Department of Psychiatry. Before most powerful leadership positions in the with House Democrats to pass it. The vote pursuing a career in hospital administration, General Assembly. was critical to ending a 115-day session that Last year, Parrish warded off a Republican Mr. Chambers had a distinguished 14-year ca- divided GOP legislators. primary challenge for his House seat—pay- reer with the New York State Office of Mental back from his party’s own conservative wing In addition to his public duties, Parrish Health, New York City Regional Office, where for defying its anti-tax orthodoxy during the also is chairman of the board of his family’s he served as director of certification for New 2004 tax battle. business, the Manassas Ice and Fuel Co. York City. He is an associate in the American

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.069 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E481 College of Healthcare Executives and is presi- mand and unaccountable to anyone in an un- return yet, but we are moving towards this dent and CEO of Integrated Behavioral Sys- precedented way. The fact that President point. . . . We are in a terrible civil conflict now.’’ tems, Inc., a behavioral healthcare consulting George Bush does not fire him, hold him ac- Here is self-delusion: Dick Cheney went on firm. countable, or contradict his false statements, ‘‘Face the Nation’’ a few hours later and said Additionally, Mr. Chambers is an adjunct creates the assumption on the part of the rest he disagreed with Allawi—who, by the way, faculty member of the Department of Human of the world that the U.S. is a rogue state with is a tad closer to the action than the quail- Services at Touro College and earned his a Cheney-Bush regime bent on imposing its hunting veep. There’s no civil war, Cheney bachelor of arts degree in psychology from the un-American policies of pre-emptive war, tor- insisted. Move along, nothing to see here, State University of New York at Albany and ture of prisoners, disregard of its Constitution pay no attention to those suicide bombings his masters of public administration degree and the will of its people. The statements and and death-squad murders. As an aside, Che- ney insisted that his earlier forays into the from the Baruch College School of Business conduct of Vice President DICK CHENEY which Twilight Zone—U.S. troops would be greeted and Public Affairs. He is active in community can only be characterized as secretive, un- as liberators, the insurgency is in its ‘‘last affairs, particularly the Ancient Order of Hiber- American and unconstitutional create the im- throes’’—were ‘‘basically accurate and re- nians in Babylon, NY. pression that the American people no longer flect reality.’’ Mr. Chambers lives on Long Island with his care about their democracy. His conduct cre- Maybe on his home planet. wife of 22 years, Peggy, and their four daugh- ates the impression that America is a dictator- Donald Rumsfeld, meanwhile, was busy on The Post’s op-ed page, abusing history. Leav- ters Keri, Christine, Kimberly, and Meaghan. ship, or worse becoming a fascist state. The ing Iraq now, he wrote, ‘‘would be the The Chambers family spent this past Thanks- Vice President’s intentional disregard of the modem equivalent of handing postwar Ger- giving at the Circle of Life Ministries in Constitution, the Congress and the people of many back to the Nazis.’’ The bizarre anal- Copiague, NY, cooking and serving dinner to this great country sets the worst standard of ogy was immediately disputed by foreign 600 individuals who would otherwise have had conduct for the fledgling democracies the policy sages Henry Kissinger (who noted that no place to celebrate the holiday. President states we must bring to every coun- there was ‘‘no significant resistance move- Mr. Speaker, I believe that it is incumbent try in the world. ment’’ in Germany after World War II) and Zbigniew Brzezinski (who just called the on this body to recognize the accomplish- Mr. CHENEY’s statements so contrary to the comparison ‘‘absolutely crazy’’). ments of Michael J. Chambers, as he offers facts are far worse than merely confusing and George W. Bush, who speaks as if he has as- his talents for the betterment of our local com- dizzifying; they are damaging and unmindful of cended to an even higher plane of unreality, munities. the best interests of this country. Mr. CHENEY’s marked the third anniversary of the invasion f reckless disregard for the truth is undermining Sunday by touting a ‘‘strategy that will lead the already low credibility and esteem in which to victory in Iraq.’’ I know that ‘‘victory’’ is VICE PRESIDENT CHENEY: AGAIN, a word that focus groups love, but did any- our government is now held. When the Vice one else hear an echo of Richard Nixon’s ‘‘se- RESIGN FOR THE SAKE OF YOUR President undermines the credibility of our COUNTRY cret plan’’ to end the war in Vietnam? Does government he is also violating the Constitu- anyone else remember that there was no ‘‘se- tion of the United States which he is sworn to cret plan’’? HON. CHARLES B. RANGEL uphold. It’s reprehensible when our highest elected OF NEW YORK It is no small thing for the Vice President of officials act cynically, as I believe this administration has done—Bush, Cheney, Rums- IN THE HOUSE OF REPRESENTATIVES the United States to have the inglorious rep- feld and the rest knew the evidence for weap- Thursday, March 30, 2006 utation of being the power behind the Presi- ons of mass destruction in Iraq was less than dent’s war conduct and treatment of prisoners, Mr. RANGEL. Mr. Speaker, I rise to intro- conclusive, but they hyped it anyway to but to also be recognized as the American of- build support for an invasion they were de- duce into the record an opinion piece by Eu- ficial who has most steadfastly insisted, con- termined to launch. It’s dangerous when our gene Robinson in the March 21, 2006, edition trary to the truth, that we went to war in Iraq leaders act cluelessly, and the Bush White of The Washington Post entitled ‘‘The Planet because the attack of September 11, 2001 House has done plenty of that as well—ex- of Unreality.’’ Mr. Robinson opens his article was carried out by terrorists trained, encour- perts who called for a much bigger invasion force were silenced and shoved aside, assur- by the statement: ‘‘This is not good.’’ He is re- aged or given haven by Saddam Hussein. ferring to the absolute detachment from reality ances that Iraqi oil revenue would defray I find the Vice President a source of deep U.S. costs turned out to be a sick joke, and evidenced by Vice President CHENEY most re- embarrassment because of his persistent ef- there was no effective plan to get the elec- cently on the Sunday March 19, 2006, pro- forts on behalf of his agenda, his devotion to tricity turned on, much less deal with thou- gram ‘‘Face the Nation.’’ ‘‘the ends justify the means’’ mentality and his sands of insurgents. On ‘‘Face the Nation’’ Vice President CHE- lack of acknowledgement of the deaths of But cynicism and cluelessness are one NEY made the jaw-dropping statement that his 2,300 Americans, the wounding and maiming thing. Actually being divorced from reality earlier predictions about the war in Iraq includ- is another. Do Bush et al. really see only the of 17,000 more and the tens of thousands of democratic process they have installed in ing his infamous pre-invasion prediction that deaths and maiming of innocent Iraqi civilians. U.S. troops would be ‘‘greeted as liberators’’ Iraq and not the bitter sectarian conflict It is clear to me that the Vice President that process has been unable to quell? Do and his more recent ‘‘the insurgency is in its should be removed from office if he does not they realize that whatever happens, there’s last throes’’ were ‘‘basically accurate and re- have sufficient patriotism and good grace to not going to be a neat package, tied up with flect reality.’’ resign for the good of the country. He is en- a bow, labeled ‘‘victory’’—certainly in the 34 Let me second Mr. Robinson’s statement: gaged in ‘‘business as usual’’ with no concern months (but who’s counting?) that the Bush administration has left in office? ‘‘This is not good.’’ I can find nothing good for how this ‘‘business’’ affects his country or about the lies, the deliberate effort made by Rumsfeld, I think, gets it. ‘‘History is a the world. bigger picture, and it takes some time and the Vice President to connect the 9/11 attack [From the Washington Post, Mar. 21, 2006] perspective to measure accurately,’’ he to the war in Iraq, and the continued rosy pic- THE PLANET OF UNREALITY wrote in his op-ed piece, the whole tone of tures of the Iraq War the Vice President con- which reminded me of Fidel Castro’s famous (By Eugene Robinson) tinues to make; statements that are declaration as he was being jailed after his unconnected to facts in any way. ‘‘This is not This is not good. The people running this first, failed attempt at revolution: ‘‘History good.’’ country sound convinced that reality is will absolve me.’’ Condoleezza Rice seems to whatever they say it is. And if they’ve actu- get it, too, telling Australians the other day The Vice President is either deliberately really strayed into the realm of genuine self- stating his opinions long-ago proved to be lies, that ‘‘beyond my lifetime’’ people would ap- delusion—if they actually believe the fan- preciate what the administration had done or perhaps more frightening, he is now entirely tasies they’re spinning about the bloody for the Middle East. in the grip of pathological self-delusion. mess they’ve made in Iraq over the past But what about the two men at the top? I believe the Vice President is continuing his three years—then things are even worse than Cheney lamented this weekend that lies and deceit with no care as to whether I thought. ‘‘what’s newsworthy is the car bomb in what he says is true, harmful to our country or Here is reality: The Bush administration’s Baghdad,’’ and ‘‘not all the work that went deepens even more the profound distrust of handpicked interim Iraqi prime minister, on that day in 15 other provinces in terms of Ayad Allawi, told the BBC on Sunday, ‘‘We making progress towards rebuilding Iraq.’’ the Bush Administration the American people are losing each day an average of 50 to 60 Yesterday Bush recounted a successful anti- have expressed. The Vice President hurts people throughout the country, if not more. insurgent operation in one town, calling it a Americans in a variety of ways. This country, If this is not civil war, then God knows what good-news story that people wouldn’t see in this shining democracy is being hurt, possibly, civil war is. Iraq is in the middle of a crisis. their newspapers or on their television permanently, by just being the second in com- Maybe we have not reached the point of no screens.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A30MR8.073 E30MRPT1 ycherry on PROD1PC64 with REMARKS E482 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 Fine, blaming the media is a time-honored York and was hired as the City of New York onstrated great skill, determination and mental tactic. I just hope they’re being cynical Parks & Recreation’s Brooklyn Sports Coordi- toughness during the competition in Turin. about it. I hope they don’t really believe the nator, where he coordinated and supervised Scottish immigrants introduced the sport of nonsense they’re trying to sell. various citywide programs, including Reebok’s curling in North America, first to Canada in f Coup de Hoop and the Junior Knicks Basket- 1759 and then to America around 1832. CHARLES TAYLOR WILL NOW BE ball clinics and tournaments. Mr. Mercer vol- Today, there are approximately 16,000 curlers HELD ACCOUNTABLE unteered to recruit and coach the New York’s who belong to 135 clubs in 32 states. Curling National Youth Game Volleyball Team in At- debuted as a medal sport at the 1998 Winter lanta, GA. He implemented and supervised Olympics in Nagano, Japan. I know that the HON. FRANK R. WOLF the Pro-Am NAACP’s (3 on 3) and Midnight pursuit of excellence demonstrated by Team OF VIRGINIA Basketball tournaments in Brooklyn. He also USA at the 2006 Olympic Games will inspire IN THE HOUSE OF REPRESENTATIVES umpired softball games for the New York City many people across the country to take up the Thursday, March 30, 2006 Housing Authority. At the Brownsville Recre- sport. ation Center he was employed as the After- Through hard work and outstanding dedica- Mr. WOLF. Mr. Speaker, yesterday was a school Director. After only three years as dition, the team succeeded on the sports world’s great day for peace and justice in West Africa. rector, his program was recommended for use most prestigious stage. Above all, the sports- Former president of Liberia, Charles Taylor, as the model program for all City of New York manship the team members demonstrated was arrested and sent to face trial at the Spe- Parks & Recreation After-school programs. Mr. during the competition embraced the true cial Court for Sierra Leone. Charles Taylor will Mercer’s program included extensive home- Olympic spirit. face 17 counts of war crimes, crimes against work: help and tutoring that helped students The curling team’s bronze medal victory humanity, and violations of international hu- sustain the academic standards set by the was truly a golden moment for the State of manitarian law for crimes committed against Board of Education. He also conducted work- Minnesota and the entire nation. I know my the people of Liberia and Sierra Leone. shops for SAT and ACT testing. He promoted colleagues in the House of Representatives Charles Taylor committed horrific crimes dur- local and overnight college and university join me in congratulating the U.S. Curling ing his presidency and his arrest will no doubt tours, including tours to Howard University and Team and in wishing them continued success. send shockwaves through Africa and a strong Johnson & Wales University. Mr. Mercer also f message that tyranny will not be accepted by conducted free workshops for over 500 adult the people and that you cannot escape justice. participants seeking postal employment. COMMEMORATING WOMEN’S I would like to commend Liberian President Mr. Mercer is now a manager at the Jackie HISTORY MONTH Ellen Johnson-Sirleaf for her courage in calling Robinson Recreation Center located in Har- on Nigeria to hand over Charles Taylor. She lem, New York. He also served as Chairman HON. ELIJAH E. CUMMINGS did this with no small risk to herself and her of the DC37, Local 299–2005 election com- OF MARYLAND fragile country. It is my hope that the inter- mittee. IN THE HOUSE OF REPRESENTATIVES national community will come to Liberia’s aid As Worshipful Master of African 459 Lodge Thursday, March 30, 2006 and help her as she rebuilds her war torn #63 for the past 2 years, Mr. Mercer continues country. to see that his lodge serves its community by Mr. CUMMINGS. Mr. Speaker, I rise today This is a new dawn for West Africa. The sending 5 children to Camp Eureka in Upstate to commemorate Women’s History Month. United States and the international community N.Y., issuing 3 scholarships to students enroll- Since 1987, the month of March has been stand with the people of Liberia and Sierra ing in, or attending college, and continuing the designated to give special prominence to the Leone and honor them for their courage to lodge’s annual feeding program and Christmas women who have made lasting contributions seek justice. toy drive. to our society. f Mr. Mercer is a deacon at The Friendship Over the last two centuries, the achieve- Baptist Church. He also serves as the Presi- ments made by women have been nothing A TRIBUTE TO MR. ELLIS A. short of phenomenal. MERCER dent of the Brotherhood Men’s Committee at Friendship. During this month, we have an opportunity Mr. Mercer is married to Sandra Elaine Gib- to recognize Rosa Parks for revolutionizing a HON. EDOLPHUS TOWNS son-Mercer and they are the proud parents of successful movement that forced racial inte- OF NEW YORK one daughter, Britney Elise Mercer. gration in America through her refusal to give IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I believe that it is incumbent up her seat to a white man on a public bus. Additionally, we must acknowledge Coretta Thursday, March 30, 2006 on this body to recognize the accomplishments of Ellis A. Mercer, as he offers his tal- Scott King, the first Lady of the Civil Rights Mr. TOWNS. Mr. Speaker, I rise today in ents for the betterment of our local and na- movement and widower of the incomparable recognition of Mr. Ellis A. Mercer and I hope tional communities. Rev. Dr. Martin Luther King Jr., who trans- my colleagues will join me in recognizing the formed her grief into an aspiration to eradicate f accomplishments of this outstanding member social injustice and achieve equality for all. of the Brooklyn community. TRIBUTE TO THE U.S. OLYMPIC We must also remember Hattie McDaniel, Ellis A. Mercer was born on March 8, 1960 CURLING TEAM whose dynamic career as an acclaimed singer in Brooklyn, New York. He is the son of Mr. and actress on film, television, and radio led Mercer and Mamie Mercer, and the oldest sib- HON. JAMES L. OBERSTAR her to become the first African-American to ling of Eva Maria Mercer-Andrews. OF MINNESOTA win the Best Supporting Actress Academy He received his education in the New York IN THE HOUSE OF REPRESENTATIVES Award in 1940. This great achievement also City public schools, graduating from Brooklyn resulted in her becoming the 29th image to Technical High School with a Regents Di- Thursday, March 30, 2006 appear on the Black Heritage commemorative ploma in Mathematics and Electronics. Mr. Mr. OBERSTAR. Mr. Speaker, I rise today stamp series in January 2006. Mercer then attended Johnson & Wales Uni- to commend the U.S. Olympic Curling Team Mr. Speaker, what makes these icons so versity in Providence, R.I., where he received for its outstanding success at the XX Winter extraordinary is that many of their actions, and an A.S. degree in Data Processing, A.S. de- Olympic Games in Turin, Italy. sacrifices have not only added to the richness gree in Accounting, and a B.S. degree in By defeating Great Britain 8–6, the men’s and depth of American history, but made the Computer Systems Management. team, which consists of Shawn Rojeski and present better for the world. After receiving his A.S. degree in Data Proc- John Shuster of Chisholm, Minnesota, Joe Yet, even as we remember the famous essing, Mr. Mercer was hired as the Univer- Polo of Cass Lake, as well as fellow Minneso- women who have made history by traveling in sity’s Assistant Athletic Director. As the Assist- tans Pete Fenson, Scott Baird and Coach Bob space, like Mae Jemison and Sally K. Ride, or ant Athletic Director, he managed the Univer- Fenson, won the first Olympic medal of any curing disease, like Marie Curie and Mary sity’s Sports Complex and oversaw the Uni- kind for a curling team from the United States. Eliza Mahoney or leading revolutions like So- versity’s Intramural Sports Program in which The women’s team members, Courtney journer Truth or Alice Paul, we should also be over 1,500 students participated. This is where George of Duluth, along with Cassie Johnson, mindful of those who have devoted their lives his passion for youth involvement in education Jamie Johnson, Jessica Schultz, Maureen to the people of their communities, never and sports began. In 1990 he returned to New Brunt, and Coach Neil Doese, also dem- seeking the spotlight of history.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.077 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E483 Maryland Delegate Lena K. Lee, a master A TRIBUTE TO CHERICE YVONNE THE COALITION FOR legislator, teacher, union leader, and a lawyer JAMES INTERNATIONAL JUSTICE blazed a trail of distinguished public service and is one such extraordinary woman. HON. EDOLPHUS TOWNS HON. BENJAMIN L. CARDIN OF MARYLAND In 1967, Delegate Lena K. Lee began a 15- OF NEW YORK year term as the first African American female IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES lawyer in the Maryland House of Delegates. Thursday, March 30, 2006 During her tenure, she dedicated her energy Thursday, March 30, 2006 Mr. CARDIN. Mr. Speaker, I want to pay and talents towards eradicating social inequal- Mr. TOWNS. Mr. Speaker, I rise today in tribute to the fine, effective work of the Coali- ities and advocating for women’s rights. Her recognition of Cherice Yvonne James and I tion for International Justice as that organiza- life exemplified excellence and I am proud to hope my colleagues will join me in recognizing tion closes its offices this Friday. say that The Lena K. Lee Post Office bill was the accomplishments of this outstanding mem- Ten years ago, the world allowed genocide signed into law on March 20, 2006 and a post- ber of the community. to occur in Bosnia and Herzegovina. Shocked al office in my district has officially been re- Cherice Yvonne James was born in Ja- by this fact, as well as the associated war named after her. maica, Queens, NY and was very active as a crimes and crimes against humanity, many In addition, several days ago, when I youth. She attended Gloria Jackson’s School Americans both within government and among learned that Weptanomah Carter, the daugh- of Dance from age 5 to 18 studying ballet, the public decided to take action. As scenes of ter, wife and mother of prominent ministers jazz, African and tap. She was a girl scout and the destruction were broadcast to homes from my district, had died, I was reminded, a member of her school’s volleyball and bas- across this country, support grew for holding those responsible for the senseless killing ac- once again, of just how much one determined ketball teams. At the age of 9, Cherice joined the Prince Hall Shriner’s, Abu-Bekr Court #74 countable. Some dedicated experts in the field woman can accomplish. Isiserettes Drill Team, where she rose up the of international justice formed the Coalition, The spotlight of public acclaim did not fall ranks to eventually become team captain. She often known as ‘‘CIJ’’, to help guide the devel- upon Weptanomah Carter, but her achieve- also represented Abu-Bekr Temple and Court opment of the international tribunal established ments—as teacher, theologian, author and by winning their ‘‘Miss AbuBekr’’ Talent and for that purpose. community-builder will forever forge a place in Scholarship pageant. While justice remains elusive, not just in the our hearts. Cherice is a graduate of Jamaica High Balkans but elsewhere, the Coalition has been an indispensable part of the progress Throughout her marriage to Dr. Harold A. School’s Gateway to Higher Learning Honors achieved in the last decade to hold more peo- Carter, Sr., a friend and teacher of mine, the program. During high school, she received nu- ple accountable for horrible crimes, in Europe, Carters worked together, and became a pow- merous awards including being named in the National Dean’s List and being a winner of the Africa and elsewhere around the globe. The erful team. In 1965, they brought an uplifting NYC Board of Education’s Queens borough- Coalition, in fact, argues not only for respond- Gospel to the people of Baltimore—a mes- wide High School Desktop Publishing Contest. ing to crimes already committed but taking sage both spiritual and social that spoke to the New Jerusalem Baptist of Jamaica, NY, recog- necessary actions to stop ongoing atrocities hearts of people in our community. nized her during their graduates’ banquet. and to prevent future war crimes. This pre- Under their care, New Shiloh Baptist Church Cherice decided to pursue a career in hos- sents a challenge to the international commu- would grow into the 5,000-member choir for pitality and continued her education in Wash- nity and its natural tendency to avoid taking God that it has become today—a House of ington, DC at Howard University. During her bold and decisive action, and reflects the les- God that also is a social powerhouse for the college career, she was selected for the ulti- sons learned from Rwanda that the international community cannot stand by as geno- betterment of its community. mate hospitality internship . . . Disney, where she spent a summer working and learning in cide occurs. I am extremely pleased that CIJ Trained as an educator, she was also the Anaheim, CA. She received a Bachelor of has taken a leadership role in galvanizing the driving force that created the Carter Children’s Business Administration/Hospitality Manage- international community to respond to the on- Center. There, young people born into a ment degree. After graduation, Cherice was going genocide in the Darfur region of Sudan. neighborhood that others too often overlook, chosen as a manager-in-training for the Grand As the Ranking member of the Helsinki could receive food and clothing for their bod- Hyatt Washington, which led to her becoming Commission, most of my work with the Coali- ies, tutoring for their minds and a kind word a food and beverage manager. tion for International Justice has been related to what is unfortunately the still unresolved that would uplift their souls. This manifestation She later joined the New York Marriott Mar- issue of obtaining Serbia’s full cooperation of Mrs. Carter’s love for the children in my quis, Marriott’s 2000 room, flagship hotel in with the International Criminal tribunal for the District was her most compelling testament. Times Square. For the past eight years, former Yugoslavia (ICTY), located in The Cherice has held various management posi- The church was at the center of Hague. Despite the democratic ouster of tions in the company including the house- Weptanomah Carter’s life and she valued the Slobodan Milosevic in late 2000 and his trans- keeping and catering sales departments. Just importance of rebuilding individuals—one soul fer to The Hague in 2001, Belgrade’s coopera- this past September, she was promoted to Di- at a time. Yet, through four decades of service tion with the tribunal has not been good. De- rector of Services, at the newly constructed, to the congregation and community she loved spite Serbia’s own need to break with a hor- Upper Eastside Courtyard by Marriott. alongside her husband, she never ceased rible past, and despite the obvious need for being her own woman. In her spare time, Cherice enjoys traveling, surviving victims and families to have some reading, television and real estate. She cur- closure, Serbian officials have largely re- This, I think, is why she and all of the other rently owns two properties and has aspirations sponded only when pressure is applied. Ratko historic women are such compelling role mod- of obtaining many more. She also enjoys talk- Mladic and Radovan Karadzic, perhaps the els for the young women of today. Their lives ing to others about the possibilities and joys of two people most directly responsible for the teach all of us an important lesson—that we home ownership. Cherice eventually plans to slaughter of thousands of innocent people in can achieve heights well beyond our initial ex- enjoy an early retirement due to real estate in- Bosnia and Herzegovina, remain at large. It pectations when we have the courage and de- vestment. She has volunteered for Habitat for has been clear for some time that Mr. Mladic termination to follow our true calling in life. Humanity, Aids Walk, NY Cares and coordi- has been protected by the military. Serbia’s fu- nated clothing drives at work. This is how—through service to others—that ture integration in Europe is placed at risk by these inspiring women earned their own, hon- Cherice is thankful for the support of her this irresponsible behavior. family and friends, especially her mother, ored place in history. The Coalition for International Justice has Phyllis Johnson, who has always supported been indispensable in tracking the develop- For their calling became a chronicle of de- her in all her endeavors. ments of the tribunal, as well as following re- votion—to God, to their families and to Amer- Mr. Speaker, I believe that it is incumbent ports of where at-large indictees may be, as ica. I thank them and all of America’s women, on this body to recognize the accomplish- well as what access prosecutors have had to especially my dear Mother, who are the back- ments of Cherice Yvonne James as she offers evidence and witnesses. The Coalition also bone of our nation and create their own untold her talents for the betterment of our local and has done excellent work in analyzing the work histories every day. national communities. of the tribunal itself. This has been important.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.081 E30MRPT1 ycherry on PROD1PC64 with REMARKS E484 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 International justice is a relatively new phe- noted in that speech, ‘‘For the sixth consecu- erans alike—in times of disasters and other nomenon, and things have not always devel- tive year, the American Customer Satisfaction emergencies. To make my point, I need only oped smoothly. The Coalition has not been an Index reports that veterans are more satisfied to mention the heroic effects and efforts of VA employees during Hurricane Katrina and apologist for ICTY or the other war crimes tri- with their health care than any other patients Rita. Not only did our staffs evacuate sev- bunals, and has brought attention to areas in America. VA outscored the private sector by eral hundred patients out of our hospitals in where improvement was needed. The Coali- a full 10 percentage points. And as you would the Gulf area to other hospitals without los- tion should take great satisfaction that today, expect, because of our first-rate care, veterans ing one, and not only did they do it quickly 10 years after genocide in Bosnia and are now coming to us in ever greater num- and efficiently, at great personal risk to Herzegovina, the war crimes chamber of Bos- bers.’’ themselves and at great personal sacrifice nia’s court system now has the ability to han- Mr. Speaker, the point must be underlined: and loss. One nurse told me in Houston, the most popular form of medical care with where we relocated patients, that she for dle the emotional and controversial cases from four days could see her house in New Orle- that dark time. those who receive it according to Secretary ans, and she could see only the roof and the The staff of the Coalition for International Nicholson, speaking on behalf of the Bush Ad- chimney, but she went with her patients Justice has always been outstanding, and has ministration, is a form of medicine that is en- when we evacuated them, not even knowing provided critical assistance to myself, my per- tirely government run. I find it odd that people the disposition of her own family. sonal staff, and the Helsinki Commission staff who would denounce Medicare as a form of And when it’s all said and done, it’s the that work on these issues. CIJ staff have been ‘‘socialized medicine’’ don’t apply that dreaded millions of the men and women who we care for, though, who are our biggest supporters. more than willing and able to help those of us epithet to the one major medical care delivery For the sixth consecutive year, the Amer- in Congress who have worked to ensure com- system in our country which is entirely run by ican Customer Satisfaction Index reports mon concerns about international justice are the public sector—the medical care delivered that veterans are more satisfied with their appropriately reflected in U.S. foreign policy. by the Department of Veterans Affairs. health care than any other patients in Amer- Board members Mark Ellis, John Heffernan I ask that excerpts from Secretary Nichol- ica. VA outscored the private sector by a full and Jim Hooper were involved from the ear- son’s speech be printed here because they 10 percentage points. And as you would ex- liest days, when few were certain justice are an absolutely irrefutable answer to those pect, because of our first-rate care, veterans who claim that any increase in a government are now coming to us in ever greater num- would even be considered in diplomatic efforts bers. Fully 7.7 million are now enrolled in to bring peace and stability to the Balkans. role in medical care will somehow cause dete- our system. Staff past and present, including Edgar Chen, rioration in the quality of that care. The ability This year VA doctors and nurses will treat Stefanie Frease and Eric Witte, provided ex- of some myths to survive reality is one of the over 5.3 million veterans at one of our 14 pertise not only on the work of the tribunals most impressive and depressing features of points of healthcare access. That’s an in- but also on the countries and conflicts the tri- the American political scene. But I hope that crease of more than 1 million veterans com- bunals were created to address. I want to people reading Secretary Nicholson’s remarks, ing to us since President Bush came to of- and thinking about what they mean in the fice. We expect this year that we will have 60 highlight in particular Nina Bang-Jessen, CIJ’s million patient encounters; that is, 60 mil- Executive Director, who so effectively com- broader context, will refrain in the future from lion visits to our centers, clinics and hos- bined expertise and advocacy. She oversaw somehow arguing that an increase in a public pitals. We have 154 major hospitals and over the Coalition as it broadened its focus to in- sector role in medical care will necessarily 900 clinics, and we dispense pharmaceutical clude not only the former Yugoslavia but lead to its deterioration. I join Secretary Nich- prescriptions to over three—excuse me, over Rwanda, Cambodia, Sierra Leone and today, olson as a Member of Congress in taking 230 million times. pride in the medical care we provide for our We’ve achieved something that no other Darfur. major integrated provider has ever yet been Ongoing humanitarian catastrophes, Mr. veterans. My only criticism is that we don’t do able to do, and that is that every one of Speaker, may frustrate us, but those who it in even greater quantity—too many veterans these 7.7 million veterans enrolled in our have worked at the Coalition for International are unable to get access to the system, and system has an electronic medical record. Justice can take satisfaction knowing they did I believe that it is an area where more re- Time precludes me from telling you all of something about it and advanced the cause of sources would allow us to do an even better the advantages of safety and good medicine international justice beyond where it otherwise job. But again to quote from Secretary Nichol- that that gives us, but let me mention would be. They have saved lives and brought son’s speech, when the ‘‘NBC Nightly News anecdotally a couple of things. war criminals to justice, and played a role in . . . aired a story about VA healthcare, saying One, a young man came through Ronald preventing future crimes against humanity. For that it is the envy of healthcare administrators Reagan airport. He was a diabetic. His insulin that, we owe them our thanks and best wish- and a model for healthcare nationwide,’’ it was in his luggage, and they lost his luggage. es. ought to give pause to those who mindlessly And he called his father in South Carolina, f repeat the assertion that quality medical care panicking, and his father said, ‘‘Call the VA,’’ and a government role are incompatible. because he was a veteran. VA EXPERIENCE SHOWS BENEFIT The VA is, I think, truly one of America’s He called our VA hospital here in north OF GOVERNMENT ROLE IN good news stories. Following a decade-long Washington. They said, ‘‘Get in a cab and HEALTHCARE healthcare transformation, the VA is now at come out here.’’ And by the time he got there, the forefront of America’s healthcare indus- they had his medical record dialed up, knew try. And it’s not just a proud secretary say- his insulin regime, administered to him, gave HON. BARNEY FRANK ing that, but a host of other organizations OF MASSACHUSETTS within and outside of the healthcare commu- him a supply and sent him on his way. IN THE HOUSE OF REPRESENTATIVES nity saying that about us. For example, the And during that relocation of hundreds of patients in Katrina, we were able in every Thursday, March 30, 2006 Journal of American Medical Association has applauded the VA’s dedication to patient case, after we got them resettled into another Mr. FRANK of Massachusetts. Mr. Speaker, safety. The Washington Monthly magazine a hospital, to dial up their medical record. one obstacle we have when we seek to ad- few months ago had a feature article calling So electronic health records and their address what is clearly the number one domestic VA health care, quote, ‘‘the best care any- vantages to patient safety, for telemedicine, problem in America today—a healthcare sys- where.’’ have put us at the forefront in health care de- tem that is both unduly expensive and pro- U.S. News and World Report described the livery in this country, and we are very proud vides too little coverage for many Americans— VA as the home of top-notch health care in its annual best-hospitals issue. And since of that achievement. And I can say that be- is the objection to what some people are quick you’re sitting down, I won’t shock you un- cause it didn’t happen in the 14 months that to call ‘‘socialized medicine.’’ The notion that a duly by telling you even The New York I’ve been in the job. So I’m sitting on the government role in healthcare is somehow in- Times recently said that the VA is a model shoulders of those who did make it happen. imical to the delivery of decent healthcare has for our nation. And very recently, I think But it is a seminal achievement in health care. prevented rational debate on this subject from last week or the week before, on the NBC Two weeks ago I announced the creation of going forward. Paradoxically, as the Secretary Nightly News was aired a story about VA another front of technological initiative at the of the Department of Veterans Affairs, Jim healthcare, saying that it is the envy of VA, which has the potential for untold ramifica- Nicholson, recently noted in his speech at the healthcare administrators and a model for tions in health care, and that’s the creation of health care nationwide. Press Club, it is the healthcare delivery sys- And we are a model of humanitarian serv- a new Genomic Medicine Program Advisory tem in our country that is most completely a ice in our communities as well. Our VA em- Committee, which will be to help me establish government operation that scores highest in ployees come to the aid of their communities policies for using genetic information to help consumer satisfaction. As Secretary Nicholson and their citizens—veterans and non-vet- improve the medical care of our veterans.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.084 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E485 The VA’s commitment to move into this dles that seemed uncrossable. At the tender Cal Bellamy’s contributions to the economy realm of research, to advance our knowledge age of 16 she knew her life long dream and of Northwest Indiana are only eclipsed by his of the relationship of the genome to a host of desire was the wonderful art of singing. Her personal dedication to our community. Cal has physical and mental conditions relevant to vet- father and other sibling also were musically in- been called on to lend his expertise and lead- erans, is completely in keeping with the inves- clined and played instruments and sang, and ership to several important organizations in tigative nature of VA medicine. For 75 years so it was in her blood to sing and sing she Northwest Indiana. Mr. Bellamy serves as our researchers and clinicians have been did. chairman of the Purdue Technology Center breaking exciting ground in virtually every as- Ms. Holliday sang all over the world from Advisory Board, where he is involved with the pect of medicine, with most of their work re- Budapest, Hungary, Russia, Africa, and most center’s activities to attract high-tech jobs to sulting in new and better ways to treat the recently in 2005 in London, England. She has Northwest Indiana. He is also chairman of the myriad illnesses of our veterans. From Nobel also performed with Alvin Slaughter and oth- Northwest Indiana Forum, the Education Com- Prize-winning researchers—and the VA’s had ers. mittee of the Lakeshore Chamber of Com- three Nobel Prize winners—from Nobel Prize Ms. Holliday sang in many establishments in merce, the Ethics In Government Taskforce of winners to the CAT scan to paperless records New York City and New Jersey. Unfortunately, the Lake County Community Development technologies, to kidney transplants, to Ms. Holliday found herself entangled in sub- Committee, and cochair of Meals on Wheels microchip-drive prosthetics, to medical school stances that were not healthy, or helpful for of Northwest Indiana Capital Campaign. partnerships that have trained more than half her continued growth and high self-esteem. Mr. Bellamy also serves on the Board of Di- of our nation’s physicians today, we are lead- Ms. Holliday’s life took a wonderful change in rectors of many organizations committed to ing the world in our care for our veterans. her early 20s, hearing the promises of God, improving the quality of life in Northwest Indi- As I’ve outlined, we’ve done a great job so she accepted Jesus Christ as her lord and ana, including the First District Pro Bono Com- far. We are a world-class healthcare network savior. The word of deliverance was preached mittee, which provides legal services for low- when it comes to treating existing illnesses unto her and after many trials and errors, the income individuals, the Urban League of and disabilities. But then we ask ourselves, chains that bound her were broken and the Northwest Indiana, Lake County Workforce what if we knew how to identify the earliest broken pieces of her life were put back to- Development, the Calumet Council Boy possible signs of a veteran’s predisposition to gether again. Nothing became more important Scouts of America, the Northwest Indiana Mi- a particular disease? What if we knew in ad- to Ms. Holliday than to do the will of Him who nority Business Opportunity Committee, and vance how a veteran would react to a par- called her out of darkness to the marvelous the Northwest Indiana World Trade Council. ticular drug therapy? What if we could reason- light. Cal Bellamy also commits his time to edu- ably forecast the risks a particular veteran Ms. Holliday combined the fields of dentistry cational causes throughout the area, serving might face with respect to some forms of can- and elder care for a lifetime of caring and as the founding director of the Hammond Edu- cer? What if, summing up, we could move sharing. However, she believes her greatest cation Foundation, on the Board of Advisors from providing medicine that is preventative to gift is fundraising. Ms. Holliday received a cer- for Indiana University Northwest, and on the medicine that is predictive? tificate for great community services from the Chancellor’s Council for Purdue University With the advent of the Genomic Medicine Honorable State Senator John L. Sampson for Calumet. Without a doubt, Mr. Bellamy has Advisory Committee, we are positioning the her accomplishments at the Bible Speaks given his time and energy graciously to make VA to take a new journey, a truly great journey Church and Christian School of Brooklyn, NY. Northwest Indiana a better place for future along the DNA trail. It is a path still not well Mr. Speaker, I believe that it is incumbent generations. lighted. There are so many questions of ethics on this body to recognize the accomplish- Mr. Bellamy received his B.A. with highest and privacy that we are not going to proceed ments of Parthenia R. Holliday as she offers distinction from Indiana University, his law de- down that trail without first assessing the risks her talents for the betterment of our local and gree from the University of Michigan, and is a and benefits to our veterans. But we know national communities. graduate of the Stonier Graduate School of from past experience that once we determine f Banking at the University of Delaware. I wish that a VA program is in the best interest of our him and his wife, Cathy, the best of luck as veterans, we move forward with all the re- HONORING MR. CALVIN BELLAMY they approach the exciting next steps of their sources we can muster. life. And when VA health care is on the move, HON. PETER J. VISCLOSKY Mr. Speaker, I ask that you and my other we change the nation’s healthcare landscape OF INDIANA distinguished colleagues join me in com- for the better. As medical practice incorporates IN THE HOUSE OF REPRESENTATIVES mending Cal Bellamy for his outstanding con- the advances of science, we must harness Thursday, March 30, 2006 tributions to the community of Northwest Indi- VA’s triple mission of health care, research ana. His commitment to improving the quality and training to bring these advances to the Mr. VISCLOSKY. Mr. Speaker, it is my dis- of life for the people of the First Congressional veterans we serve. tinct pleasure to honor Mr. Calvin Bellamy on District of Indiana is truly inspirational and I’m confident our new push down the the occasion of his retirement as chief execu- should be recognized and commended. Over genomic road will benefit not only our vet- tive officer of Bank Calumet, where he has the years, I have sought out Cal to seek his erans, but the larger national health care com- served the people of Northwest Indiana over assistance on matters affecting Northwest In- munity as a whole, as so much of our other the past 24 years. Throughout his time leading diana. I have always found him to be trust- research has done, such as the development Bank Calumet, Mr. Bellamy has done much to worthy and deliberate in our conversations. As of the CAT scan and the pacemaker and the improve the quality of life for everyone in John Quincy Adams said, ‘‘If your actions in- first liver transplant done at the VA. Northwest Indiana. He has been an exemplary spire others to dream more, learn more, do community leader as well as a successful f more and become more, you are a leader.’’ business man, and I am proud to call him a Cal Bellamy has been a great leader for A TRIBUTE TO PARTHENIA friend. Northwest Indiana. HOLLIDAY Under Mr. Bellamy, Bank Calumet has be- f come a crucial component for economic devel- HON. EDOLPHUS TOWNS opment in the region, with branches serving IN TRIBUTE TO BRAYTON WILBUR OF NEW YORK both Indiana and Illinois. Today, Bank Calumet IN THE HOUSE OF REPRESENTATIVES operates in 29 locations with over 400 employ- HON. NANCY PELOSI ees. Bank Calumet has become one of the Thursday, March 30, 2006 OF CALIFORNIA largest locally owned bank and holding com- IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Mr. Speaker, I rise today in panies in Northwest Indiana with over $1 bil- recognition of Parthenia R. Holliday and I lion in total assets. Bank Calumet has been Thursday, March 30, 2006 hope my colleagues will join me in recognizing named ‘‘one of America’s best banks’’ by all Ms. PELOSI. Mr. Speaker, I rise today to the accomplishments of this outstanding mem- three national rating services under Mr. Bel- pay my respects to Brayton Wilbur, Jr., a great ber of the community. lamy’s leadership. These incredible accom- San Franciscan and a dear friend. One of our Parthenia R. Holliday was born in Philadel- plishments reflect the drive, passion, and com- great civic leaders, he made immeasurable phia, PA. mitment Cal Bellamy has shown to creating a contributions to our most treasured institutions. Her childhood years were like so many oth- world-class financial institution that invests in Mr. Wilbur passed away on March 24 after a ers filled with challenges, crossroads and hur- the communities it serves. lifetime of service to the arts, the business

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.088 E30MRPT1 ycherry on PROD1PC64 with REMARKS E486 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 community, his family, and the city he called their 25th Anniversary and wish them well as for the betterment of our local and national home. they continue their work to improve the lives of communities. A native San Franciscan, he was born on all Napa citizens. Mr. Speaker, Luther Wright’s selfless serv- October 2, 1935, and was a graduate of Yale f ice has continuously demonstrated a level of University and Stanford Business School. He altruistic dedication that makes him most wor- joined his family’s firm, Wilbur-Ellis Co., in A TRIBUTE TO LUTHER M. thy of our recognition today. WRIGHT 1963, becoming its president and CEO in f 1988 and chairman of the Board of Directors in 2000 after overseeing an extraordinary era HON. EDOLPHUS TOWNS HONORING AUDREY YVONNE WILLSON, WHOSE LIFE JOURNEY of expansion. He served as a director of sev- OF NEW YORK LED HER TO BECOME YVE-I eral San Francisco institutions, including IN THE HOUSE OF REPRESENTATIVES RASTAFARI Safeway Stores and the Chronicle Publishing Thursday, March 30, 2006 Company. Through his enthusiasm for the arts, Mr. Mr. TOWNS. Mr. Speaker, I rise today in HON. BARBARA LEE Wilbur eloquently expressed his love for San recognition of Luther M. Wright, and I hope my OF CALIFORNIA Francisco. He served as a director of the San colleagues will join me in recognizing the im- IN THE HOUSE OF REPRESENTATIVES pressive accomplishments of this outstanding Francisco Opera, a trustee of the Asian Art Thursday, March 30, 2006 Museum, and as the 15th president of the San member of the community. Francisco Symphony, presiding over the inau- Luther M. Wright was born on June 2, 1942 Ms. LEE. Mr. Speaker, I rise today to honor guration of our beloved Davies Symphony Hall in Louisa, Virginia, and he currently resides in the extraordinary life of Audrey Yvonne in 1980. Laurelton, New York. Willson, whose spiritual evolution led to her I offer my deepest sympathy to Judy, his Mr. Wright received his early education in being known at the end of her life as Yve-I beloved wife of 43 years, his children, Mi- New York City at P.S. 140. He graduated from Rastafari. Yve-I was a beloved mother, wife, chael, Jennifer, Edward and Claire, his mother Andrew Jackson High School and attended grandmother, friend, artist, educator and lead- Dita, and his sisters Lolita and Mary. As they Queens College of the City University of New er in our community and our world. She have lost a loved one, so the city of San Fran- York from 1974–1977. He also attended the passed away on March 13, 2006 at the age of cisco has lost one of its most distinguished United States Coast Guard Engineer Program 63. sons. and received his license as a Chief Marine Born Audrey Yvonne Willson, she grew up f Engineer. in the Fort Greene Projects of Brooklyn, New Mr. Wright served in the New York City Fire York, where she developed the quick wit and RECOGNIZING THE 25TH ANNIVER- Department for 15 years as a Chief Engineer, savvy nature for which she was known SARY OF NAPA EMERGENCY retiring with 27 years of service. He served in throughout her life. Living in New York, she WOMEN’S SERVICES the United States Army from 1964–1966 in ac- met and married Bob Law in 1962. During that tive duty, as a reservist from 1969–1995 and period, she became an active member of the HON. MIKE THOMPSON participated in Desert Storm in 1991. Mr. Congress for Racial Equality, and was at the OF CALIFORNIA Wright retired from the Army as a Master Ser- forefront of the Black Cultural/Consciousness IN THE HOUSE OF REPRESENTATIVES geant. He is also a member of the Vulcan So- movement, identifying strongly with her African ciety of the New York City Fire Department heritage as an activist of that era and through- Thursday, March 30, 2006 and Past President and Captain of the 231st out her life. Mr. THOMPSON of California. Mr. Speaker, Block Association. In the decade that followed, Audrey began I rise today to honor Napa Emergency Wom- Among his many community service a new journey, moving to Silver Spring, Mary- en’s Services, commonly known as NEWS, of projects, Mr. Wright was initiated into Tuscan land and obtaining her Masters Degree in Napa, California, as it celebrates its 25th anni- Lodge No. 58 F&AM (PH) in 1978. He was Education as well as her Montessori certifi- versary. elected to Worshipful Master of Tuscan Lodge cation. These achievements began her lifelong Since its inception, NEWS has played a vital No. 58 in 1986; Secretary of Tuscan Lodge devotion to the education and healthy devel- role in protecting and assisting women and No. 58 in 1987–present; Excellent High Priest opment of children, which included her own children throughout the Napa Valley who are of Mount Moriah Chapter No. 3 Holy Royal young daughters, and ultimately led Audrey to the victims of domestic violence. A group of Arch Masons in June 2003; Ill. Commander in create her own educational model. concerned citizens took the initiative to ad- Chief of Long Island Consistory No. 61 AASR Audrey’s journey of intellectual, cultural and dress the growing problem of domestic vio- (PHA) in 2002 and 2003; Ill. Potentate of Abu- spiritual discovery soon led her to West Africa, lence and created an emergency hotline in Bekr Temple No. 91 AEAONMS (PHA) in where she immediately fell in love with the 1979. With the dedication, leadership, and 1994; and appointed Deputy of the Oasis for people, their land, and their struggles. Her compassion of these individuals, NEWS came Abu-Bekr No. 91 in 2002, by Imperial Poten- proficiency in the Spanish, Twi, Amharic and to fruition on October 5, 1981. tate William F. Crockett. Arabic languages allowed her to be a teacher NEWS is the only organization in the Napa Additional leadership posts include: District and a student of the people she met there, Valley dedicated to helping women and chil- Deputy Grand Master for the Second Masonic and through her travels she forged human and dren lead lives free of violence. Over the past District from June 2001–2002; Worthy Patron spiritual ties that would last a lifetime. 25 years, NEWS has grown and expanded to in Fidelity Chapter No. 54 OES (PHA); District In the years that followed, her newfound provide numerous services to people through- Deputy Grand Commander for the Second faith of Islam led her to change her name to out Napa County, including emergency shel- District; District Deputy Thrice Illustrious Mas- Ameena, and during her time in Africa she ter, counseling, legal advocacy, and education ter for the Royal & Select Masters and Assist- met and married her second husband, an outreach programs. All of these services play ant Recorder for the Grand Commandery American named Daud Malik Watts. Upon her an important role in providing women and chil- Knights Templar State of New York. return to the United States, she rededicated dren with the guidance and support necessary Through these organizations, Mr. Wright has herself to her life’s mission of serving our to help them overcome the physical and psy- distributed toys and clothing to the needy chil- young people by opening, with Daud, the Res- chological damage caused by domestic vio- dren of East New York and Kings County Hos- ton Montessori School in Virginia. lence. pital, fed the homeless, and sponsored young As she continued her spiritual exploration in Mr. Speaker, the lifeblood of this organiza- children to attend Camp Eureka during the the 1980s, she was led to return to her birth tion is its devoted staff and volunteers who summers of 2002 and 2003. name of Audrey. During that time she also work day and night to ensure that women and Luther Wright is a member of the Good traveled frequently to the west coast and split children always have a safe place to seek News Baptist Church of Hollis Queens, New her time between working in the non-profit shelter. These hardworking individuals have York. He has been married to the beautiful sector and developing her own small business changed the lives of thousands of women and Phyllis A. Wright for the past 34 years, and selling her delicious homemade apple pies. children in Napa County. they have three grown children, all 4-year col- As she neared the conclusion of her spir- Mr. Speaker, it is appropriate that we take lege graduates. itual journey, she changed her name to Yve- this time to thank and honor Napa Emergency Mr. Speaker, I believe that it is incumbent I Rastafari, which was a reflection of her be- Women’s Services for its immeasurable serv- on this body to recognize the accomplish- coming a Rastafarian. In the 1990s, when she ice to Napa County. I congratulate NEWS on ments of Luther Wright as he offers his talents underwent this transition, she also moved to

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.092 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E487 Hawaii, where she started Artists for Orphans, is no more distinguished member of the legis- COLLEGE ACCESS AND an international non-profit dedicated to pro- lative branch than the Senator from West Vir- OPPORTUNITY ACT OF 2005 viding educational, financial, physical and ginia, and certainly none who has served so emotional support to orphans in Ethiopia. effectively for so long. Surely, some of the SPEECH OF After devoting herself to this bold, compas- credit for this distinguished service should go HON. RUSH D. HOLT sionate work for more than a decade, Yve-I to Erma Byrd. OF NEW JERSEY left Hawaii to move back northeast to be with My family and I have known the Byrds for IN THE HOUSE OF REPRESENTATIVES her ailing father, caring for him until his last much longer than half a century. Senator Wednesday, March 29, 2006 day. After his passing, she returned to working BYRD and his wife have been devoted to each with young children in Washington, D.C. be- other for almost 69 years. She has been his The House in Committee of the Whole House on the State of the Union had under fore ultimately moving to California to be with closest companion and, I believe, his closest consideration the bill (H.R. 609) to amend and care for her youngest grandchildren. advisor. When they first married, he turned and extend the Higher Education Act of 1965, Yve-I gave of herself easily and was won- over to her his wallet and the family finances. with Mr. BISHOP of Utah in the chair. derful with children. I witnessed time and time He relied on her for everything domestic. For Mr. Chairman, I rise to reiterate and rein- again, as she was the mother-in-law to my decades, in the evenings after his superb leg- force my remarks yesterday during the debate son, and along with me, was a grandmother to islative and political work on Capitol Hill, when on the McMorris-Holt amendment. I restate my Simone the daughter of my son and her other members of Congress set off for recep- commitment to work with those who want to daughter. Whether we were together at family tions and social functions, Senator BYRD re- see improvements in the adjunct teacher gatherings on special occasions or simply turned home to sit with Erma and read, often corps. spending time with our children and grand- to each other. As I said in my previous comments, having children, Yve-I’s generous and loving spirit Erma Byrd has been a dear friend of my been a professor of physics at the university brought a sense of comfort and togetherness mother. The daughter of a coal miner, Erma level, I am well aware that knowledge of a to our family which has not only nurtured our Byrd was a woman who showed great consid- subject is only one part of helping students youngest members, but has strengthened the eration for other people. She was a woman learn. Being an effective teacher is much more ties between us all. with a backbone and what we would call West than that. Pedagogy is both an art and a Throughout her life, Yve-I was fully dedi- Virginia gumption. The whole country of the science, and pedagogical training is a critical cated to complete spiritual and human devel- United States knows Senator BYRD as a great part of being an educator. opment and her devotion to becoming the legislator and great orator who can be counted Placing an Adjunct Teacher directly into the most complete and aware person that she on as the most adamant defender of our Con- classroom without any pre-service training could was evidenced by her constant growth stitution and a champion of the honor and tra- would be unfair to the Adjunct Teacher and to and personal evolution. At the end of her life ditions of the Congress, especially the U.S. the students he or she would be teaching. To it became her goal to return to Ethiopia to live Senate. What many Americans may not know raise the level of performance in the class- out her days so that she could continue the is the man who has given devotion to and, room, Adjunct Teachers must undergo ad- work of Artists for Orphans and practice her until her death last week, received devotion vanced training. This training must not be cur- religion at an age-old founding church of her from his honorable and capable wife. I join sory, and should include pedagogy and the faith, and that is what she did, being laid to others here in expressing my sympathies to most recent research on how students learn rest on March 17, 2006 in Shashamene, Ethi- this great colleague. science, mathematics, and foreign languages. opia, where she was known as Mama Love. It should also include practical experience with She is survived by her life partner, Menelek f real students in classroom settings. Fitzgerald, her children Aisha Patrice, Abina, I want to emphasize that the Adjunct Teach- Yasmina, Memuna, Bilqis, Nasir, Mahmud, TRIBUTE TO MRS. ERMA BYRD er Corps program is not about replacing and Netanya; her siblings Adrienne, Donald teachers. As the word ‘‘adjunct’’ signifies, and Wayne; thirteen grandchildren; her neph- HON. ALAN B. MOLLOHAN these teachers would be an additional supple- ews; and numerous cousins, colleagues and ment to school facilities. Schools applying for OF WEST VIRGINIA friends. these grants will tailor their Adjunct program to Today the family and friends of the woman IN THE HOUSE OF REPRESENTATIVES suit their unique needs, and in doing so, they who journeyed from Audrey to Yve-I come to- Thursday, March 30, 2006 must include parents and teachers in the planning process. This program will particularly gether to celebrate her life and the countless Mr. MOLLOHAN. Mr. Speaker, hearts are help those educational agencies facing dire ways in which her bright and compassionate heavy in West Virginia this week as we mourn teacher shortages, or levels of achievement so spirit touched lives of others, no matter what the loss of a very special woman: Mrs. Erma low that no one teacher can solve it on his or name they knew her by during her lifetime. Byrd, the beloved wife of our distinguished her own. As it currently stands, many of our Her giving nature and deep wisdom was senior Senator. known to and cherished by all, and will con- high-need school districts do not have enough ROBERT C. BYRD and Erma Ora James met tinue to lift up the lives of our young people people who are currently qualified under No as students at Mark Twain Grade School in and all who knew her for generations to come. Child Left Behind to teach math, science and Raleigh county. They married in 1937, at the On behalf of California’s 9th U.S. Congres- foreign languages. While we increase those tender age of 19. In that simple ceremony, a sional District, I am proud to add my voice to ranks, we can also supplement them with ad- lasting bond was forged, and an incredible the countless others who have united in junct teachers with subject matter expertise. journey was begun. thanks, appreciation, and joy to remember this Specifically, this amendment requires adjunct Their journey took them from the coalfields very special, remarkable and loving woman, teachers to possess, at a minimum, a bach- of southern West Virginia to the halls of this Yve-I Rastafari. elor’s degree and demonstrated expertise in great Capitol. At every point along the way, f mathematics, science, or a critical foreign lan- Erma Byrd was a constant source of strength, guage as defined by No Child Left Behind. HONORING THE MEMORY OF ERMA support and inspiration—whether in raising Every school, in every town, should have a di- BYRD their wonderful family or anchoring the incred- verse faculty with pedagogical and subject ible career of her devoted husband. matter expertise. HON. RUSH D. HOLT In his words, she was a ‘‘priceless treasure, I also want to state that the size of this pro- a multifaceted woman of great insight and wis- OF NEW JERSEY gram is very small. This program will be com- dom, of quiet humor and common sense.’’ IN THE HOUSE OF REPRESENTATIVES peting for funding with five others for a share What a wonderful tribute to a wonderful of a $41 million authorization. Thursday, March 30, 2006 woman. It is my hope that this program will have Mr. HOLT. Mr. Speaker, I rise to recognize On the sad occasion of her passing, Mr. long-term beneficial results. Before it was in- and honor the memory of Erma Byrd, the wife Speaker, I ask my colleagues to join me in ex- troduced, I wanted to ensure that the amend- of the senior Senator from West Virginia. We pressing heartfelt condolences to Senator ment includes provision for pre-service training mourn the death of this great lady. BYRD and his family. Our thoughts are with and continued mentoring of these content spe- Here in this chamber it is important that we them as they say goodbye to Erma Byrd and cialists. Just as Teach for America has been acknowledge the importance of the spouses of cherish the memory of her caring kindness a valuable asset to many school districts, I be- those who serve in the U.S. Congress. There and love. lieve that these content specialists can make

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.095 E30MRPT1 ycherry on PROD1PC64 with REMARKS E488 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 valuable contributions to schools. After partici- BUDGET CUTS HARM WOMEN AND guarantee the safety of women domestically pating in the adjunct teacher program, I hope CHILDREN and abroad. that many of these individuals will decide to One of the most successful programs to SPEECH OF stay in their school districts and serve as cer- prevent violence against women while funding tified teachers. HON. BARBARA LEE the prosecution of those who have committed OF CALIFORNIA those crimes, the Violence Against Women Notably, our focus is on the most dire needs IN THE HOUSE OF REPRESENTATIVES Act or VAWA, will face a potential $39.5 mil- first. The amendment requires that those who lion cut. Wednesday, March 29, 2006 apply for the funds demonstrate the need for, Additionally, women’s health is the Presi- and expected benefits of, using adjunct teach- Ms. LEE. Mr. Speaker, tonight I join my col- dent’s proposed $2 million cut to the United ers in the participating schools. This may in- leagues in highlighting the detrimental effects Nations Development Fund and a $9 million clude information on the difficulties that partici- the President’s fiscal year 2007 budget will cut to the United Nations Population Fund will pating schools face in recruiting qualified fac- have on women. jeopardize the health and safety of women From health and education, to the protection around the world. ulty in mathematics, science, critical foreign and development of women and girls inter- language courses. They must also dem- Mr. Speaker, our budget is a moral docu- nationally, this administration intends to cut ment. It reflects the values of our Nation. I’m onstrate measurable objectives for the project, funding in programs that are vital to women’s sad to say these aren’t the values that my sis- including the number of adjunct teachers the well-being and development. ters in Congress and across the country hold eligible entity intends to place in classrooms, Worse still Mr. Speaker, many of the pro- dear. and academic gains that the students should grams that the President intends to cut dis- Mr. Speaker, I urge all of my colleagues to make. proportionately impact minority women nega- think about what a budget like the one the tively. President has proposed means to each and As pleased as I am with the amendment’s For example, in the area of health, the fiscal progress so far, I also recognize that more everyone of their constituents. You can’t tell year 2007 budget cuts $1 million out of the me we can’t do better. work needs to be done in conference. Specifi- National Center on Minority Health and Health cally, I am most concerned with perfecting the Disparities. This is a critical facility that directs f ‘‘Use of Funds’’ section to make clear that re- money and technical assistance to organiza- TRIBUTE TO JOHNSON COUNTY imbursement of outside entities for the costs tions working with minorities on diseases that MOVERS AND SHAKERS AWARD disproportionately kill women, such as heart associated with allowing an employee to serve WINNERS OF 2006 as an Adjunct Teacher must comply with col- disease, diabetes and obesity. Additionally, the President’s budget would lective bargaining agreements. I believe we HON. DENNIS MOORE can do that by spelling out that section 2(F)’s cut funds from the minority HIV/AIDS initiative which actively seeks to address the prevention OF KANSAS requirement that applicants demonstrate their and treatment needs of minority communities IN THE HOUSE OF REPRESENTATIVES compliance with existing contractual obliga- heavily impacted by HIV/AIDS. Thursday, March 30, 2006 tions includes collective bargaining agree- The budget cuts the Office of Minority ments. That is my current reading of the Health by a staggering $11 million and the Of- Mr. MOORE of Kansas. Mr. Speaker, I rise amendment, but it could not hurt to tighten the fice on Women’s Health would receive a sig- today to note an important event in the Third language. nificant cut. Congressional District of Kansas. On April 24, 2006, the Volunteer Center of Johnson County In closing, I want to thank my colleagues for It’s not just health that is slashed in the President’s budget. in Overland Park, KS, will honor outstanding the bipartisan support they have given to this The President proposes cutting funding for youth volunteers. One hundred and eleven amendment. I want to especially thank my Re- education initiatives for homeless children and young people have been nominated by school publican colleagues on the House Education youth by $600,000 and cut Pell grants by a personnel and nonprofit organizations for their and Workforce Committee for accepting some whopping $430 million—with an award cap of dedication and service to the community. Eight of my changes and working with me to im- $4,050. of these youth are being recognized for their prove the amendment from where it started. I Furthermore, the President has proposed a efforts toward receipt of the Congressional look forward to ensuring this amendment’s $1 million decrease to fair housing assistance Award. Youth volunteerism continues to grow continued progress in conference with the programs for our most needy. and be a strong force in Johnson County. Senate. Mr. Speaker, I could stand here all night These 111 youth exemplify the true meaning and list the outrageous cuts in health, edu- of volunteerism and giving back to their com- cation, and housing programs the President’s munity. It is my honor to recognize each stu- budget would inflict, but I would be remiss if dent volunteer and their schools by listing I didn’t also highlight the cuts to programs that them in the CONGRESSIONAL RECORD.

Name School Age Grade CA medal City

Katie Agnew ...... Bishop Miege High School ...... 18 12 ...... Roeland Park Dana Alanis ...... Indian Trail Jr. High ...... 15 9 ...... Olathe. Molly Allison-Gallimore ...... Home School ...... 16 10 Silver Medal...... Spring Hill. Clare Amey ...... Bishop Miege High School ...... 17 11 ...... Prairie Village. Avery Arjo ...... Oregon Trail Junior High ...... 13 8 ...... Olathe. Simmi Arora ...... Olathe Northwest High School ...... 17 12 ...... Lenexa. Sydney Ayers ...... Barstow High School ...... 15 9 Gold Medal...... Leawood. M. Celeste Banks ...... Trailridge Middle School ...... 14 8 ...... Shawnee Mission. Annie Beile ...... California Trail Jr. High ...... 14 9 ...... Overland Park. Anne Bellis ...... Pembroke Hill ...... 16 10 ...... Fairway Carlene Bolton ...... Mill Valley High School ...... 17 12 ...... Shawnee Steven Burnett ...... Olathe North High School ...... 18 12 ...... Olathe. Rebecca Byron ...... Biship Miege High School ...... 18 12 ...... Shawnee Caitlin Carter ...... Westridge Middle School ...... 14 8 ...... Shawnee Mission. Jenna Christensen ...... Shawnee Mission North High School ...... 17 11 Silver Medal ...... Overland Park. Jill Christensen ...... Shawnee Mission North High School ...... 15 10 Silver Medal ...... Overland. Lee Clemon ...... Olathe South High School ...... 18 12 ...... Olathe. Sara ‘‘Kat’’ Conoley ...... Shawnee Mission West High School ...... 18 12 ...... Shawnee Mission. Benjamin Eggers ...... Olathe Northwest High School ...... 17 12 ...... Olathe. Caitlin Ellison ...... Mill Valley High School ...... 17 12 ...... Shawnee. Christopher Fairchild ...... Midland Adventist Academy ...... 14 8 ...... Shawnee. Rindy Fairchild ...... Midland Adventist Academy ...... 16 10 ...... Shawnee. Ashlan Fisher ...... Shawnee Mission East High School ...... 17 11 ...... Leawood. Jennifer Garren ...... Westridge Middle School ...... 14 8 ...... Overland Park. Kate Garrett ...... Shawnee Mission West High School ...... 17 ...... Lenexa. Kevin Garrett ...... Shawnee Mission West High School ...... 14 ...... Lenexa. Michael Garrett ...... Westridge Middle School ...... 13 7 ...... Shawnee Mission. Will Gates ...... Shawnee Mission East High School ...... 18 12 ...... Fairway. Rachel Gittinger ...... Bishop Miege ...... 17 12 ...... Overland Park. M. Caroline Goehausen ...... Shawnee Mission East High School ...... 18 12 ...... Leawood. Orriah Graves ...... Bishop Miege ...... 16 11 ...... Overland Park. Chanel Griffin ...... Westridge Middle Schood ...... 13 8 ...... Lenexa. Kristen Nicole Harper ...... Mill Valley High School ...... 17 12 ...... Shawnee.

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Name School Age Grade CA medal City

Kelsey Hayden ...... Olathe East High School ...... 16 11 ...... Overland Park. Alyssa Haynes ...... Olathe Northwest High School ...... 16 11 ...... Lenexa. Emily Holmes ...... Bishop Miege ...... 16 11 ...... Overland Park. Holly Hrabik ...... Olathe North High School ...... 16 10 ...... Olathe. Lisa Imgrund ...... Trailridge Middle School ...... 14 8 ...... Shawnee Mission. Betsy Jensen ...... Shawnee Mission East High School ...... 17 11 ...... Leawood. Mark Johnson ...... Olathe Northwest High School ...... 17 12 ...... Olathe. Christie Jones ...... Olathe East High School ...... 18 12 ...... Overland Park. Molly Jones ...... Olathe North High School ...... 18 12 ...... Olathe. Atena Kamali ...... Olathe North High School ...... 18 12 ...... Olathe. Kalie Karnes ...... Olathe East High School ...... 17 12 ...... Overland Park. Jadhken Kerr ...... Olathe South High School ...... 16 10 Gold Medal...... Olathe. Jadhon Kerr ...... Olathe South High School ...... 17 11 Gold Medal...... Olathe. Sarah Kidder ...... Bishop Miege ...... 18 12 ...... Shawnee. Hunter Kiely ...... Blue Valley West High School ...... 17 11 ...... Overland Park. Paul Kirk ...... Bishop Miege ...... 18 11 ...... Overland Park. Kathryn Kisthardt ...... Bishop Miege ...... 18 12 ...... Shawnee. Katie Lindner ...... Olathe Northwest High School ...... 18 12 ...... Lenexa. Adam Love ...... Shawnee Mission Northwest High School ...... 17 12 ...... Merriam. Sarah Martin ...... Westridge Middle School ...... 13 8 ...... Overland Park. Stephanie Mathews ...... Bishop Miege ...... 17 11 ...... Overland Park. Magdalena May ...... Olathe North High School ...... 16 11 ...... Olathe. Emerald McAdams ...... Santa Fe Trail Junior High ...... 12 7 ...... Olathe. Mimi Mebarek ...... Shawnee Mission West High School ...... 18 12 ...... Shawnee Mission. Eric Min ...... Blue Valley High School ...... 17 12 ...... Overland Park. Jovana Mirabile ...... St. Thomas Aquinas ...... 16 11 ...... Leawood. Amanda Monica ...... Olathe Northwest High School ...... 15 9 ...... Olathe. Peri Montgomery ...... Westridge Middle School ...... 13 8 ...... Overland Park. Tim Mourlam ...... Bishop Miege ...... 17 11 ...... Shawnee Mission. Kate Murphy ...... Prairie Trail Jr. High ...... 13 8 ...... Olathe. Marcus Myer ...... Spring Hill ...... 18 12 ...... Spring Hill. Emily Nixon ...... Olathe South High School ...... 18 12 ...... Olathe. Ashley Nur ...... Barstow ...... 15 ...... Leawood. Cailan O’Grady ...... Shawnee Mission East High School ...... 18 12 ...... Prairie Village. Annie Oliver ...... Bishop Miege ...... 17 11 ...... Prairie Village. Anish Patel ...... Olathe Northwest High School ...... 16 11 ...... Olathe. Melissa Peck ...... Bishop Miege ...... 18 12 ...... Olathe. Matthew Pennington ...... Rockhurst ...... 15 9 ...... Shawnee. Andrew Peterson ...... Shawnee Mission East High School ...... 18 12 ...... Prairie Village. Meagan Pick ...... Blue Valley North High School ...... 18 12 ...... Overland Park. Ellen Poulose ...... Bishop Miege ...... 16 12 ...... Shawnee. Caitlin Powell ...... Olathe North High School ...... 18 12 ...... Olathe. Catherine Queen ...... Pembroke Hill ...... 17 11 ...... Prairie Village. Katie Rabovsky ...... Blue Valley Northwest High School ...... 12 8 Gold Medal ...... Overland Park. Matthew Ramirez ...... Prairie Trail Jr. High ...... 13 8 ...... Olathe. Cassie Rhodes ...... Spring Hill High School ...... 15 9 ...... Spring Hill. Chris Rhodes ...... Spring Hill High School ...... 18 12 ...... Spring Hill. Katie Richardson ...... Bishop Miege ...... 16 11 ...... Overland Park. Amber Roan ...... Shawnee Mission North High School ...... 18 12 ...... Shawnee. Cindy Rupp ...... Mill Valley High School ...... 18 12 ...... Shawnee. Courtney Russel ...... Olathe South High School ...... 18 12 ...... Olathe. Kathryn Sanders ...... Olathe Northwest High School ...... 17 12 ...... Lenexa. Matthew Schulte ...... Shawnee Mission East High School ...... 18 12 ...... Prairie Village. Michael Simpson ...... Blue Valley High School ...... 17 11 ...... Stillwell. Scott Simpson ...... Blue Valley High School ...... 17 11 ...... Stillwell. Colin Smalley ...... Olathe Northwest High School ...... 17 12 ...... Olathe. Elaina Smith ...... Prairie Trail Jr. High ...... 14 8 ...... Olathe. Victoria Solorzano ...... Blue Valley North High School ...... 18 12 ...... Overland Park. Jennifer Sommerfeld ...... Trailridge Middle School ...... 13 8 ...... Shawnee Mission. Sara Sorensen ...... Bishop Miege ...... 16 11 ...... Overland Park. Jessica Stack ...... Olathe Northwest High School ...... 16 12 ...... Lenexa. Jonathan Stahl ...... Home School ...... 17 11 ...... Overland Park. Stephen Stahl ...... Home School ...... 17 11 ...... Overland Park. John Steinmetz ...... Pleasant Ridge Middle School ...... 13 8 ...... Overland Park. Kayte Steinmetz ...... Blue Valley West High School ...... 16 11 ...... Overland Park. Amy Stephens ...... Olathe South High School ...... 18 12 ...... Olathe. Jason Steuber ...... California Trail Jr. High ...... 14 9 ...... Overland Park. Melissa Stone ...... Shawnee Mission Northwest High School ...... 18 12 ...... Shawnee. Alyssa Strange ...... Oxford Middle School ...... 12 6 ...... Overland Park. Alex Szczygiel ...... St. Ann ...... 14 8 ...... Prairie Village. Paige Taylor ...... Prairie Trail Jr. High ...... 14 8 ...... Olathe. Ben Terwilliger ...... Olathe South High School ...... 17 12 ...... Olathe. Laura Thomas ...... Bishop Miege ...... 17 12 ...... Prairie Village. Hannah Wallace ...... Bishop Miege ...... 17 12 ...... Leawood. Nate Warner ...... Olathe North High School ...... 16 11 ...... Olathe. Nate White ...... Home School ...... 16 11 Gold Medal...... Leawood. Jessica Yeung ...... Shawnee Mission South High School ...... 16 11 ...... Overland Park. Daniel Zeligman ...... Olathe Northwest High School ...... 17 12 ...... Overland Park.

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HIGHLIGHTS The House passed H.R. 609, to amend and extend the Higher Education Act of 1965. Senate Bingaman Amendment No. 3210 (to Amendment Chamber Action No. 3192), to provide financial aid to local law en- Routine Proceedings, pages S2547–S2675 forcement officials along the Nation’s borders. Measures Introduced: Six bills and one resolution Pages S2589–90 were introduced, as follows: S. 2481–2486 and S. Alexander Amendment No. 3193 (to Amendment Res. 415. Pages S2602–03 No. 3192), to prescribe the binding oath or affirmation of renunciation and allegiance required to be Measures Reported: naturalized as a citizen of the United States, to en- S. 65, to amend the age restrictions for pilots, courage and support the efforts of prospective citi- with an amendment in the nature of a substitute. (S. zens of the United States to become citizens. Rept. No. 109–225) Page S2590 S. 829, to allow media coverage of court pro- A unanimous-consent agreement was reached proceedings. viding for further consideration of the bill at 9:30 S. 1768, to permit the televising of Supreme a.m. on Friday, March 31, 2006. Page S2675 Court proceedings. Page S2602 Executive Reports of Committees: Senate received Securing America’s Borders Act: Senate continued the following executive report of a committee: consideration of S. 2454, to amend the Immigration Report to accompany Protocol of 1997 Amending and Nationality Act to provide for comprehensive re- MARPOL Convention (Treaty Doc. 108–7) (Ex. form, taking action on the following amendments Rept. 109–13). Page S2602 proposed thereto: Pages S2553–94 Nominations Received: Senate received the fol- Adopted: lowing nominations: By a unanimous vote of 94 yeas (Vote No. 83), Daniel L. Cooper, of Pennsylvania, to be Under Frist Amendment No. 3191 (to Amendment No. Secretary for Benefits of the Department of Veterans 3192), to require the Commissioner of the Bureau of Affairs for a term of four years. Customs and Border Protection to collect statistics, Gary D. Orton, of Nevada, to be United States and prepare reports describing the statistics relating Marshal for the District of Nevada for the term of to deaths occurring at the border between the four years. United States and Mexico. Pages S2575–76 3 Army nominations in the rank of general. Pending: Routine lists in the Army, Foreign Service, Na- Specter/Leahy Amendment No. 3192, in the national Oceanic and Atmospheric Administration. Page S2675 ture of a substitute. Page S2562 Kyl/Cornyn Amendment No. 3206 (to Amend- Nominations Withdrawn: Senate received notifica- ment No. 3192), to make certain aliens ineligible for tion of withdrawal of the following nominations: conditional nonimmigrant work authorization and Daniel P. Ryan, of Michigan, to be United States status. Pages S2584–85, S2590–94 District Judge for the Eastern District of Michigan, Cornyn Amendment No. 3207 (to Amendment which was sent to the Senate on February 14, 2005. No. 3206), to establish an enactment date. Page S2675 Pages S2585–89 Messages From the House: Page S2600 Enrolled Bills Presented: Page S2600 D303

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Executive Communications: Pages S2600–02 concluded a hearing to examine proposed budget es- Executive Reports of Committees: Page S2602 timates for fiscal year 2007 for the Department of Agriculture, after receiving testimony in behalf of Additional Cosponsors: Pages S2603–04 funds for their respective activities from Keith Col- Statements on Introduced Bills/Resolutions: lins, Chief Economist, J.B. Penn, Under Secretary for Pages S2604–12 Farm and Foreign Agricultural Services, Mark E. Additional Statements: Pages S2597–S2600 Rey, Under Secretary for Natural Resources and En- vironment, Eric M. Bost, Under Secretary for Food, Amendments Submitted: Pages S2612–73 Nutrition, and Consumer Services, Richard A. Ray- Authorities for Committees to Meet: mond, Under Secretary for Food Safety, and Charles Pages S2673–74 Lambert, Acting Under Secretary for Marketing and Privileges of the Floor: Page S2674 Regulatory Programs, all of the Department of Agri- culture. Record Votes: One record vote was taken today. (Total—83) Pages S2575–76 FLAT FEDERAL INCOME TAX Adjournment: Senate convened at 9:30 a.m., and Committee on Appropriations: Subcommittee on the adjourned at 7:49 p.m., until 9:30 a.m., on Friday, District of Columbia concluded a hearing to examine March 31, 2006. (For Senate’s program, see the re- the potential effects of a flat Federal income tax in marks of the Majority Leader in today’s Record on the District of Columbia, after receiving testimony page S2675.) from Natwar M. Gandhi, Chief Financial Officer for the Government of the District of Columbia; and Committee Meetings Terence C. Golden, Federal City Council, Wash- ington, D.C. (Committees not listed did not meet) DEFENSE AUTHORIZATION APPROPRIATIONS: DEPARTMENT OF THE INTERIOR Committee on Armed Services: Subcommittee on Per- sonnel concluded a hearing to examine the proposed Committee on Appropriations: Subcommittee on Interior defense authorization request for fiscal year 2007, fo- and Related Agencies concluded a hearing to exam- cusing on reserve component personnel policies, after ine proposed budget estimates for fiscal year 2007 receiving testimony from Thomas F. Hall, Assistant for the Department of the Interior, after receiving Secretary of Defense for Reserve Affairs; Lieutenant testimony from P. Lynn Scarlett, Deputy Secretary, General H. Steven Blum, USA, Chief National R. Thomas Weimer, Assistant Secretary for Policy, Guard Bureau; Lieutenant General Clyde A. Vaughn, Management and Budget, and Pamela K. Haze, Co- USA, Director, Army National Guard; Lieutenant Director, Office of Budget, all of the Department of General Daniel James III, USAF, Director, Air Na- the Interior. tional Guard; Lieutenant General James R. Helmly, APPROPRIATIONS: DEPARTMENT OF USA, Chief, Army Reserve; Vice Admiral John G. ENERGY Cotton, USN, Chief, Navy Reserve; Lieutenant Gen- Committee on Appropriations: Subcommittee on Energy eral John W. Bergman, USMC, Commander, Marine and Water concluded a hearing to examine proposed Forces Reserve; and Lieutenant General John A. budget estimates for fiscal year 2007 for the Depart- Bradley, USAF, Chief, Air Force Reserve. ment of Energy’s Supply and Conservation account, BUSINESS MEETING Electricity Delivery and Energy Reliability account, Office of Nuclear Energy, Office of Civilian Radio- Committee on Banking, Housing, and Urban Affairs: active Waste Management, Office of Environmental Committee ordered favorably reported an original Management, Office of Fossil Energy Research and bill to amend the Defense Production Act of 1950, Development, and Office of Science, after receiving to strengthen Government review and oversight of testimony from David K. Garman, Under Secretary foreign investment in the United States, to provide for Energy, Science, and Environment, and Raymond for enhanced Congressional oversight with respect L. Orbach, Director, Office of Science, both of the thereto. Department of Energy. MCKINNEY-VENTO HOMELESS ASSISTANCE APPROPRIATIONS: DEPARTMENT OF REAUTHORIZATION AGRICULTURE Committee on Banking, Housing, and Urban Affairs: Committee on Appropriations: Subcommittee on Agri- Subcommittee on Housing and Transportation con- culture, Rural Development, and Related Agencies cluded a hearing to examine S. 1801, to amend the

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McKinney-Vento Homeless Assistance Act to reau- WATER PROJECTS thorize the Act, and provide for consolidation of Committee on Energy and Natural Resources: Sub- HUD’s homeless programs, after receiving testimony committee on Water and Power concluded a hearing from Roy A. Bernardi, Deputy Secretary of Housing to examine S. 1577, to facilitate the transfer of and Urban Development; Philip F. Mangano, Execu- tive Director, U.S. Interagency Council on Home- Spearfish Hydroelectric Plant Number 1 to the city lessness; Gail Dorfman, County Commissioner, Hen- of Spearfish, South Dakota, S. 1962, to authorize the nepin County, Minnesota; Steven R. Berg, National Secretary of the Interior to revise certain repayment Alliance to End Homelessness, Washington, D.C.; contracts with the Bostwick Irrigation District in Charles W. Gould, Volunteers of America, Alexan- Nebraska, the Kansas Bostwick Irrigation District dria, Virginia; Anthony Love, Coalition for the No. 2, the Frenchman-Cambridge Irrigation District, Homeless of Houston/Harris County, Inc., Houston, and the Webster Irrigation District No. 4, all a part Texas; and Dennis P. Culhane, University of Penn- of the Pick-Sloan Missouri Basin Program, S. 2028, sylvania, Philadelphia. to provide for the reinstatement of a license for a certain Federal Energy Regulatory Commission BUSINESS MEETING project, S. 2035, to extend the time required for Committee on Commerce, Science, and Transportation: construction of a hydroelectric project in the State of Committee ordered favorably reported S. 2389, to Idaho, S. 2054, to direct the Secretary of the Interior amend the Communications Act of 1934 to prohibit to conduct a study of water resources in the State of the unlawful acquisition and use of confidential cus- Vermont, S. 2205, to direct the Secretary of the In- tomer proprietary network information, with an terior to convey certain parcels of land acquired for amendment in the nature of a substitute. the Blunt Reservoir and Pierre Canal features of the POLAR-ORBITING OPERATIONAL initial stage of the Oahe Unit, James Division, South ENVIRONMENTAL SATELLITES Dakota, to the Commission of Schools and Public Committee on Commerce, Science, and Transportation: Sub- Lands and the Department of Game, Fish, and Parks committee on Disaster Prevention and Prediction of the State of South Dakota for the purpose of miti- concluded an oversight hearing to examine National gating lost wildlife habitat, on the condition that Polar-Orbiting Operational Environmental Satellite the current preferential leaseholders shall have an op- System, which provide data and imagery that are tion to purchase the parcels from the Commission, used by weather forecasters, climatologists, and the and H.R. 3812, to authorize the Secretary of the In- military to map and monitor changes in weather, cli- terior to prepare a feasibility study with respect to mate, the oceans, and the environment, after receiv- the Mokelumne River, after receiving testimony ing testimony from Gary E. Payton, Deputy Under from Senator Thune; John Keys III, Commissioner of Secretary of the Air Force for Space Programs; David Reclamation, and Catherine L. Hill, Northeast Re- A. Powner, Director, Information Technology Man- gional Hydrologist, U.S. Geologist Survey, both of agement Issues, Government Accountability Office; the Department of the Interior; J. Mark Robinson, Gregory W. Withee, Assistant Administrator for Director, Office of Energy Projects, Federal Energy Satellite and Information Services, National Environ- Regulatory Commission, Department of Energy; mental Satellite, Data, and Information Service, Na- Mayor Jerry Krambeck, Spearfish, South Dakota; tional Oceanic and Atmospheric Administration, De- Laurence R. Becker, Vermont Department of Envi- partment of Commerce; David L. Ryan, Northrop ronmental Conservation, Waterbury; C. Mel Lytle, Grumman Corporation, Redondo Beach, California. San Joaquin County, Stockton, California, on behalf COMPETITION AND CONVERGENCE of the Mokelumne River Water and Power Author- ity; and Darla Pollman Rogers, Riter, Rogers, Committee on Commerce, Science, and Transportation: Wattier and Brown, LLP, on behalf of Preferential Committee concluded a hearing to examine the state Leaseholders with the Blunt Reservoir and Pierre of competition and convergence in the telecommuni- Canal. cations industry, after receiving testimony from Kyle McSlarrow, National Cable and Telecommunications Association, Earl Comstock, COMPTEL, Walter COST OF OIL McCormick, US Telecom, Steve Largent, CTIA-The Committee on Foreign Relations: Committee concluded Wireless Association, and Mark Cooper, on behalf of a hearing to examine the hidden cost of oil, focusing Consumer Federation of America, Free Press, and on the externality costs of U.S. dependence on fossil Consumers Union, all of Washington, D.C.; and fuels, after receiving testimony from Milton R. Jerry Ellig, George Mason University Mercatus Cen- Copulos, National Defense Council Foundation, Al- ter, Arlington, Virginia. exandria, Virginia; Hillard Huntington, Stanford

VerDate Aug 31 2005 04:40 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D30MR6.REC D30MRPT1 ycherry on PROD1PC64 with DIGEST D306 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 2006 University Energy Modeling Forum, Stanford, Cali- Special Counsel, Office of Special Counsel; Richard fornia; and Gary W. Yohe, Wesleyan University, Weidman, Vietnam Veterans of America, Silver Middletown, Connecticut. Spring, Maryland; and Joseph C. Sharpe, Jr., The NUCLEAR AND RADIOLOGICAL THREAT American Legion, and Brian E. Lawrence, Disabled American Veterans, both of Washington, D.C. Committee on Homeland Security and Governmental Af- fairs: Permanent Subcommittee on Investigations re- BUSINESS MEETING sumed hearings to examine securing the global sup- Committee on the Judiciary: Committee ordered favor- ply chain relating to neutralizing the nuclear and ra- ably reported the following business items: diological threat, focusing on programs that form the S. 1768, to permit the televising of Supreme defense against nuclear terrorism including the Con- Court proceedings; tainer Security Initiative, the Megaports Initiative, S. 829, to allow media coverage of court pro- the Customs-Trade Partnership Against Terrorism, ceedings; and and the role of the Domestic Nuclear Detection Of- The nominations of Michael A. Chagares, of New fice, a new office created within DHS to coordinate Jersey, to be United States Circuit Judge for the global nuclear detection architecture, receiving testi- Third Circuit, Patrick Joseph Schiltz, to be United mony from Senators Graham and Schumer; Michael States District Judge for the District of Minnesota, P. Jackson, Deputy Secretary of Homeland Security; Gray Hampton Miller, to be United States District Christopher L. Koch, World Shipping Council, Judge for the Southern District of Texas, and Sharee Washington, D.C.; Gary D. Gilbert, Hutchison Port M. Freeman, of Virginia, to be Director, Community Holdings, Oakton, Virginia; and John P. Clancey, Relations Service, and Jeffrey L. Sedgwick, of Massa- Maersk, Inc., Charlotte, North Carolina. chusetts, to be Director of the Bureau of Justice Sta- Hearings recessed subject to the call. tistics, both of the Department of Justice. FEDERAL GOVERNMENT VETERANS’ VETERANS’ LEGISLATIVE PRESENTATIONS PREFERENCE Committee on Veterans’ Affairs: Committee concluded a Committee on Homeland Security and Governmental Af- hearing to examine legislative presentations of cer- fairs: Subcommittee on Oversight of Government tain veterans’ organizations, after receiving testimony Management, the Federal Workforce, and the Dis- from George Basher, National Association of State trict of Columbia concluded an oversight hearing to Directors of Veterans’ Affairs, Albany, New York; examine the Federal Government’s implementation Gerald S. Harvey, American Ex-Prisoners of War, of veterans’ preference in the hiring of employees, in- Arlington, Texas; John Rowan, Vietnam Veterans of cluding an evaluation of the laws designed to protect America, Silver Spring, Maryland; and Edward W. and promote the employment of veterans, the impact Kemp, AMVETS, Lanham, Maryland. of workforce flexibilities on veterans, and how veterans’ redress mechanisms are working, after receiv- INTELLIGENCE ing testimony from Dan G. Blair, Deputy Director, Select Committee on Intelligence: Committee held closed Office of Personnel Management; Charles S. hearings on intelligence matters, receiving testimony Ciccolella, Assistant Secretary of Labor for Veterans’ from officials of the intelligence community. Employment and Training; James McVay, Deputy Committee recessed subject to the call. h House of Representatives Privileged Resolution: The House agreed to table Chamber Action H. Res. 746, relating to a question of the privileges Public Bills and Resolutions Introduced: 23 pub- of the House, by a recorded vote of 216 ayes to 193 lic bills, H.R. 5050–5072; and 12 resolutions, H. noes with 7 voting ‘‘present’’, Roll No. 76. Con. Res. 371–375; and H. Res. 746–752 were in- Pages H1334–35 troduced. Pages H1388–90 College Access and Opportunity Act of 2005: Additional Cosponsors: Pages H1390–91 The House passed H.R. 609, to amend and extend Reports Filed: There were no reports filed today. the Higher Education Act of 1965 by a recorded

VerDate Aug 31 2005 04:40 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D30MR6.REC D30MRPT1 ycherry on PROD1PC64 with DIGEST March 30, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D307 vote of 221 ayes to 199 noes, Roll No. 81. Consider- sought to lower student loan interest rates; establish ation of the bill began yesterday, March 29th. a new Predominantly Black Serving Institution pro- Pages H1326–34, H1335–63 gram to boost college participation rates of low-in- Agreed to: come, black students; establish a new graduate His- Biggert amendment (No. 1 printed in H. Rept. panic Serving Institution program; provide for year- 109–401) allows unaccompanied homeless youth to round Pell grants; and repeal the Single Lender rule be considered as independent students upon (by a recorded vote of 200 ayes to 220 noes, Roll verification of their living situation by a McKinney- No. 80). Pages H1342–54, H1362 Vento Act school district liaison, a shelter director, Committee of the Whole proceeded with a pro or a financial aid administrator; Pages H1335–36 forma amendment for the purposes of an additional Larsen of Washington amendment (No. 5 printed 10 minutes of debate. Page H1360 in H. Rept. 109–401) expresses the sense of Con- H. Res. 742, the rule providing for further congress that student exchange and language education sideration of the bill was agreed to by a yea-and-nay programs should focus on Chinese and Arabic, in vote of 224 yeas to 188 nays, Roll No. 75, after light of the global importance of China and the agreeing to order the previous question without ob- Middle East; Page H1341 Souder amendment (No. 6 printed in H. Rept. jection. Pages H1326–34 109–401) removes language in the bill that pro- Calendar Wednesday: Agreed by unanimous con- hibits schools from denying transfers of credit based sent to dispense with the Calendar Wednesday busi- solely on the accreditation of the sending institution. ness of Wednesday, April 5, 2006. Page H1365 The amendment maintains the requirement that Meeting Hour: Agreed that when the House ad- schools publicly disclose their transfer policies, and journs today it adjourn to meet at 2 p.m. on Mon- would also require a school to disclose any policy day, April 3rd, and further, when the House ad- that would deny transfers of credit solely on the ac- journs on that day, it adjourn to meet at 12:30 p.m. creditation of the institution where the credit was on Tuesday, April 4, 2006, for Morning Hour de- earned; Pages H1341–42 Gohmert amendment (No. 2 printed in H. Rept. bate. Page H1365 109–401) strikes certain reporting requirements for Congressional Award Board—appointment: The colleges and universities within Sec. 131(f). The Chair announced the Speaker’s appointment of the amendment also strikes Sec. 495(a)(1) that would following Member of the House to the Congressional allow states to apply to the Secretary of Education Award Board: Representative Chocola. Page H1365 to become recognized accreditors (by a recorded vote Senate Message: Message received from the Senate of 418 ayes to 2 noes, Roll No. 77); and today appears on pages H1363–64. Pages H1336–37, H1360 Kennedy of Rhode Island amendment (No. 3 Senate Referrals: S. 2349 was held at the desk. printed in H. Rept. 109–401) makes child and ado- Page H1364 lescent mental health professionals eligible for loan Quorum Calls—Votes: One yea-and-nay vote and forgiveness for high need professions under Sec. 421 six recorded votes developed during the proceedings of the bill (by a recorded vote of 380 ayes to 38 of the House today and appear on pages H1331–34, noes, Roll No. 78). Pages H1337–38, H1360–61 H1334–35, H1360, H1361, H1361–62, H1362 and Rejected: H1363. There were no quorum calls. King of Iowa amendment (No. 4 printed in H. Rept. 109–401) that sought to require institutions Adjournment: The House met at 10 a.m. and ad- that receive any federal funding (including grants journed at 6:33 p.m. and scholarships) to submit to the U.S. Department of Education an annual report answering two questions. First, the report must state whether race, Committee Meetings color, or national origin is considered in the student RURAL DEVELOPMENT PROGRAMS admissions process. If race, color, or nation origin is considered in the student admissions process, then Committee on Agriculture: Subcommittee on Conserva- the report must contain a subsequent analysis of how tion, Credit, Rural Development, and Research held these factors are considered in the process (by a re- a hearing to review the Rural Development Pro- corded vote of 83 ayes to 337 noes, Roll No. 79); grams. Testimony was heard from Thomas C. Dorr, and Pages H1338–41, H1361–62 Under Secretary, Rural Development, USDA; Mark Miller of California amendment (No. 7 printed in Drabenstott, Vice President and Director, Center for H. Rept. 109–401) in the nature of a substitute that the Study of Rural America, Federal Reserve Bank,

VerDate Aug 31 2005 04:40 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D30MR6.REC D30MRPT1 ycherry on PROD1PC64 with DIGEST D308 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 2006 Kansas City, Missouri; Cheryl L. Cook, Deputy Sec- DEPARTMENTS OF TRANSPORTATION, retary, Marketing and Economic Development, De- TREASURY, AND HUD, THE JUDICIARY, partment of Agriculture, State of Pennsylvania; and DISTRICT OF COLUMBIA, AND public witnesses. INDEPENDENT AGENCIES APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on the De- FDA, AND RELATED AGENCIES partments of Transportation, Treasury, and Housing APPROPRIATIONS and Urban Development, the Judiciary, District of Committee on Appropriations: Subcommittee on Agri- Columbia, and Independent Agencies held a hearing culture, Rural Development, Food and Drug Admin- on OMB. Testimony was heard from Joel Kaplan, istration, and Related Agencies held a hearing on Deputy Director, OMB. Research, Education, and Economics. Testimony was ENERGY AND WATER DEVELOPMENT, heard from the following officials of the USDA: AND RELATED AGENCIES Merle D. Pierson, Deputy Under Secretary, Research, APPROPRIATIONS Education and Economics; Edward B. Knipling, Ad- Committee on Appropriations: Subcommittee on Energy ministrator, Agricultural Research Service; Colien and Water Development, and Related Agencies held Hefferan, Administrator, Cooperative State Research, a hearing on DOE, National Nuclear Security Ad- Education and Extension Service; Susan Offutt, Ad- ministration. Testimony was heard from Linton F. ministrator, Economic Research Service; R. Ronald Brooks, Under Secretary, Nuclear Security and Ad- Bosecker, Administrator, National Agricultural Sta- ministrator for National Nuclear Security Adminis- tistics Service; and W. Scott Steele, Budget Officer. tration, Department of Energy. The Subcommittee also held a hearing on Avian HOMELAND SECURITY Influenza. Testimony was heard from Bruce Gillen, MD., Director, National Vaccine Program, and Jesse Committee on Appropriations: Subcommittee on Home- Goodman, M.D., Director, Center for Biologics Eval- land Security held a hearing on Preparedness. Testi- uation and Research, both with the Department of mony was heard from the following officials of the Health and Human Services; and the following offi- Department of Homeland Security: George Foresman, Under Secretary, Directorate of Prepared- cials of the USDA: Mike Johanns, Secretary; Ron ness; and Tracey Henke, Assistant Secretary, Office DeHaven, M.D., Administrator, Animal and Plant of Grants and Training. Health Inspection Service; and W. Scott Steele, Budget Officer. INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS DEFENSE APPROPRIATIONS Committee on Appropriations: Subcommittee on Inte- Committee on Appropriations: Subcommittee on Defense rior, Environment, and Related Agencies held a met in executive session to hold a hearing on Navy/ hearing on Native American Issues. Testimony was MC Budget/Acquisition. Testimony was heard from heard from public witnesses. the following officials of the Department of the SCIENCE, THE DEPARTMENTS OF STATE, Navy: Donald C. Winter, Secretary, ADM Michael JUSTICE, AND COMMERCE, AND RELATED G. Mullen, USN, Chief of Naval Operations; and AGENCIES APPROPRIATIONS GEN Michael W. Hagee, USMC, Commandant of Committee on Appropriations: Subcommittee on Science, the Marine Corps. the Departments of State, Justice, and Commerce, and Related Agencies held a hearing on NASA. Tes- DEPARTMENT OF LABOR, HHS, timony was heard from Michael D. Griffin, Admin- EDUCATION, AND RELATED AGENCIES istrator, NASA. APPROPRIATIONS The Subcommittee also held a hearing on FTC. Committee on Appropriations: Subcommittee on Depart- Testimony was heard from Deborah P. Majoras, ment of Labor, Health and Human Services, Edu- Chairman, FTC. cation, and Related Agencies continued appropria- NAVY SHIPBUILDING AND ACQUISITION tion hearings. Testimony was heard from public wit- Committee on Armed Services: Subcommittee on Projec- nesses. tion Forces held a hearing on the Department of the Navy’s Fiscal Year 2007 shipbuilding acquisition strategy and how it supports the Navy’s long-range fleet plan. Testimony was heard from Paul L.

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Francis, Director, Acquisition and Sourcing Manage- MISCELLANEOUS MEASURES ment, GAO; the following officials of the CBO: J. Committee on Government Reform: Ordered reported the Michael Gilmore, Assistant Director; and Eric J. following measures: H.R. 4368, To designate the fa- Labs, Principal Analyst, both with the National Se- cility of the United States Postal Service located at curity Division; the following officials of the Depart- 60 Calle McKinley, West in Mayaguez, Puerto Rico, ment of the Navy: Delores M. Etter, Assistant Sec- as the ‘‘Miguel Angel Garcia Mendez Post Office retary, Research, Development and Acquisition; Building’’; HR. 4561, To designate the facility of VADM Lewis W. Crenshaw, Jr., USN, Deputy Chief the United States Postal Service located at 8624 Fer- of Naval Operations, Resources, Requirements and guson Road in Dallas, Texas, as the ‘‘Francisco Assessments (N8); LTG James N. Mattis, USMC, ‘Pancho’ Medrano Post Office Building’’; H.R. 4586, Commanding General, Marine Corps Combat Devel- Benjamin Franklin Tercentenary Commission Act of opment Command and Deputy Commandant for 2005; H.R. 4646, To designate the facility of the Combat Development; RADM David Architzel, United States Postal Service located at 7320 Reseda USN, Program Executive Officer for Carriers; Boulevard in Reseda, California, as the ‘‘Coach John RADM Charles S. Hamilton II, USN, Program Ex- Wooden Post Office Building’’; H.R. 4811, to des- ecutive Officer for Ships; and RADM William H. ignate the facility of the United States Postal Service Hilarides, USN, Program Executive Officer for Sub- located at 215 West Industrial Park Road in Har- marines, all with the Naval Sea Systems Command; rison, Arkansas, as the ‘‘John Paul Hammerschmidt Ronald O’Rourke, Specialist in National Defense, Post Office Building’’; H.R. 4995, To designate the Congressional Research Service, Library of Congress; facility of the United States Postal Service located at and a public witness. 7 Columbus Avenue in Tuckahoe, New York, as the ‘‘Ronald Bucca Post Office’’; H.R. 518, Honoring ARMY/MARINE CORPS EQUIPMENT AND professional surveyors and recognizing their con- ROTOCRAFT tributions to society; and H. Res. 737, Supporting Committee on Armed Services: Subcommittee on Readi- the goals and ideals of Financial Literacy Month. ness and the Subcommittee on Tactical Air and Land DISASTER RESPONSE INFORMATION- Forces held a joint hearing on Army and Marine SHARING Corps reset strategies for ground equipment and Committee on Government Reform: Held a hearing enti- rotorcraft. Testimony was heard from the following tled ‘‘The Need To Know: Information-Sharing Les- officials of the Department of Defense: LTG David sons for Disaster Response.’’ Testimony was heard F. Melcher, USA, Deputy Chief of Staff, G–8, U.S. from the following officials of the Department of Army; MG Jeanette K. Edmunds, USA, Assistant Defense: Peter F. Verga, Principal Deputy Assistant Deputy Chief of Staff, G–4, U.S. Army; and LTG Secretary, Homeland Defense; and Linton Wells II, Emersonardner, Jr., Deputy Commander of the Ma- Principal Deputy Assistant Secretary, Networks and rine Corps, Programs and Resources, U.S. Marine Information Integration; Vance Hitch, Chief Infor- Corps; and William Solis, Director, Defense Capa- mation Officer, Department of Justice; and public bilities and Management Team, GAO. witnesses. COMMUNICATIONS OPPORTUNITY, BRIEFING—AIRLINE PASSENGER PROMOTION, AND ENHANCEMENT ACT OF PRESCREENING WATCHLIST 2006 Committee on Homeland Security: Met in executive ses- Committee on Energy and Commerce: Subcommittee on sion to receive a briefing on the Transportation Secu- Telecommunications and the Internet held a hearing rity Administration airline passenger prescreening on the Communications Opportunity, Promotion, watchlist. The Committee was briefed by Donna and Enhancement Act of 2006. Testimony was heard Bucella, Director, Terrorist Screening, FBI, Depart- from public witnesses. ment of Justice; and Michael Resnick, Chief, Ter- rorist Identities Group, National Counter Terrorism OVERSIGHT—HUD Center, Office of the Director of National Intel- ligence. Committee on Financial Services: Held an oversight hearing of the Department of Housing and Urban SAFE PORT ACT Development, including the Department’s budget Committee on Homeland Security: Subcommittee on request for fiscal year 2007. Testimony was heard Economic Security, Infrastructure Protection, and from Alphonso Jackson, Secretary of Housing and Cybersecurity approved for full committee action, as Urban Development. amended, H.R. 4954, SAFE Port Act.

VerDate Aug 31 2005 04:40 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D30MR6.REC D30MRPT1 ycherry on PROD1PC64 with DIGEST D310 CONGRESSIONAL RECORD — DAILY DIGEST March 30, 2006 SHOULDER-FIRED MISSILES TERRORIST National Park; and H.R. 4294, Natural Resource THREAT Protection Cooperative Agreement Act. Testimony Committee on International Relations: Subcommittee on was heard from Representatives Becerra, Ros- International Terrorism and Nonproliferation held a Lehtinen, Renzi, and Porter; Michael Soukup, Asso- hearing on The Terrorist Threat From Shoulder- ciate Director, Natural Resource Stewardship and Fired Missiles. Testimony was heard from John Science, National Park Service, Department of the Hillen, Assistant Secretary, Bureau of Political-Mili- Interior; and a public witness. tary Affairs, Department of State. LOBBYING ACCOUNTABILITY AND LATIN AMERICA COUNTERNARCOTICS TRANSPARENCY ACT OF 2006 STRATEGIES Committee on Rules: Held a hearing on H.R. 4975, Lob- bying Accountability and Transparency Act of 2006. Tes- Committee on International Relations: Subcommittee on timony was heard from Representatives Shays, Buyer, the Western Hemisphere held a hearing on Counter- Kirk, Schmidt, Obey, Frank of Massachusetts, Cardin, narcotics Strategies in Latin America. Testimony was Price of North Carolina, Meehan, Blumenauer, Doggett, heard from Anne W. Patterson, Assistant Secretary, Allen, Baird, Emanuel, and Bean. Bureau of International Narcotics and Law Enforce- ment Affairs, Department of State; Michael A. K–12 SCIENCE AND MATH EDUCATION Braun, Chief of Operations, DEA, Department of Committee on Science: Held a hearing on K–12 Science Justice; and public witnesses. and Math Education Across the Federal Agencies. OVERSIGHT—CONGRESSIONAL REVIEW Testimony was heard from Margaret Spellings, Sec- ACT retary of Education; Arden Bement, Director, NSF; John J. Kelly, Deputy Under Secretary, Oceans and Committee on the Judiciary: Subcommittee on Com- Atmosphere, NOAA, Department of Commerce; and mercial and Administrative Law held an oversight James Decker, Principal Deputy Director, Office of hearing on the 10th anniversary of the Congressional Science, Department of Energy. Review Act. Testimony was heard from J. Chris- topher Mihm, Managing Director, Strategic Issues, SBA PROCUREMENT ASSISTANCE GAO; Morton Rosenberg, Specialist in American Committee on Small Business: Subcommittee on Regu- Public Law, American Law Division, Congressional latory Reform and Oversight held an oversight hear- Research Service, Library of Congress; John V. Sul- ing on the procurement assistance programs of the livan, Parliamentarian, U.S. House of Representa- SBA. Testimony was heard from Anthony Martoccia, tives; and a public witness. Associate Deputy Administrator, Office of Govern- DEATH PENALTY REFORM ACT OF 2006 ment Contracting and Business Development, SBA; Committee on the Judiciary: Subcommittee on Crime, and public witnesses. Terrorism, and Homeland Security held a hearing on MISCELLANEOUS MEASURES; GSA’S FY 2007 H.R. 5040, Death Penalty Reform Act of 2006. Tes- CAPITAL INVESTMENT AND LEASING timony was heard from Margaret P. Griffey, Chief, PROGRAM Capital Case Unit, Criminal Division, Department of Committee on Transportation and Infrastructure: Sub- Justice; and public witnesses. committee on Economic Development, Public Build- OVERSIGHT—WORK VISA INCREASES ings and Emergency Management approved for full Committee on the Judiciary: Subcommittee on Immi- Committee action the following: GSA’s Fiscal Year gration, Border Security, and Claims held an over- 2007 Capital Investment and Leasing Program; H. sight hearing on Should Congress Raise the H–1B Con. Res. 360, Authorizing the use of the Capitol Cap? Testimony was heard from public witnesses. Grounds for the National Peace Officers’ Memorial Service; H. Con. Res. 359, Authorizing the use of MISCELLANEOUS MEASURES the Capitol Grounds for the District of Columbia Committee on Resources: Subcommittee on National Special Olympics Law Enforcement Torch Run; and Parks held a hearing on the following bills: H.R. H. Con. Res. 349, Authorizing the use of the Cap- 2134, Commission To Study the Potential Creation itol Grounds for the Greater Washington Soap Box of a National Museum of the American Latino Com- Derby, 10 a.m., 2253 Rayburn. munity Act of 2005; H.R. 3961, To authorize the The Subcommittee also held a hearing on the National Park Service to pay for services rendered by General Services Administration’s Fiscal Year 2006 subcontractors under a General Services Administra- Capital Investment and Leasing Program. Testimony tion Indefinite Deliver/Indefinite Quantity Contract was heard from David L. Winstead, Commissioner, issued for work to be completed at Grand Canyon Public Buildings Service, GSA.

VerDate Aug 31 2005 04:40 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D30MR6.REC D30MRPT1 ycherry on PROD1PC64 with DIGEST March 30, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D311 OVERSIGHT—BARRIERS TO CLEANUP OF tion, Bureau of Consumer Protection, FTC; and pub- ABANDONED MINE SITES lic witnesses. Committee on Transportation and Infrastructure: Sub- INTELLIGENCE AUTHORIZATION ACT FOR committee on Water Resources and Environment FISCAL YEAR 2007 held an oversight hearing on Barriers to the Cleanup Permanent Select Committee on Intelligence: Met in execu- of Abandoned Mine Sites. Testimony was heard from tive session and ordered reported, as amended, H.R. Benjamin H. Grumbles, Assistant Administrator, 5020, Intelligence Authorization Act for Fiscal Year Water, EPA; and public witnesses. 2007. OVERSIGHT—ARLINGTON NATIONAL f CEMETERY/AMERICAN BATTLE MONUMENTS COMMITTEE MEETINGS FOR FRIDAY, Committee on Veterans’ Affairs: Subcommittee on Dis- MARCH 31, 2006 ability Assistance and Memorial Affairs held an over- (Committee meetings are open unless otherwise indicated) sight hearing on policy and operational issues facing Senate Arlington National Cemetery and the American Bat- tle Monuments Commission. Testimony was heard Committee on Homeland Security and Governmental Affairs: from John C. Metzler, Jr., Superintendent, Arlington to hold hearings to examine the nominations of Uttam National Cemetery; and John W. Nicholson, Sec- Dhillon, of California, to be Director of the Office of Counternarcotics Enforcement, Department of Homeland retary, American Battle Monuments Commission. Security, and Mark D. Acton, of Kentucky, to be a Com- SOCIAL SECURITY NUMBER HIGH-RISK missioner of the Postal Rate Commission, 10 a.m., ISSUES SD–342. Committee on the Judiciary: to hold hearings to examine Committee on Ways and Means: Subcommittee on So- the call to censure the President, 9:30 a.m., SH–216. cial Security continued hearings on Social Security number (SSN) high-risk issues. Testimony was heard House from Representatives Dreier and Reyes; Cynthia M. Committee on Energy and Commerce, Subcommittee on Fagnoni, Managing Director, Education, Workforce, Oversight and Investigations, to continue hearings enti- and Income Security, GAO; Joel Winston, Associate tled ‘‘The Silicosis Story: Mass Tort Screening and the Director, Division of Privacy and Identity Protec- Public Health,’’ 10 a.m., 2123 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, March 31 2 p.m., Monday, April 3

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Tuesday: To be announced. of S. 2454, Securing America’s Borders Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E476 Porter, Jon C., Nev., E465, E467 Holt, Rush D., N.J., E487, E487 Rahall, Nick J., II, W.Va., E477 Ackerman, Gary L., N.Y., E476, E477 Kanjorski, Paul E., Pa., E471 Rangel, Charles B., N.Y., E478, E479, E481 Baldwin, Tammy, Wisc., E471 Kilpatrick, Carolyn C., Mich., E476 Ross, Mike, Ark., E463, E466, E468 Bilirakis, Michael, Fla., E474 Kucinich, Dennis J., Ohio, E464, E468, E469 Ruppersberger, C.A. Dutch, Md., E480 Bonner, Jo, Ala., E473 Lee, Barbara, Calif., E486, E488 Schiff, Adam B., Calif., E470 Boren, Dan, Okla., E474 Levin, Sander M., Mich., E469 Shuster, Bill, Pa., E469 Cardin, Benjamin L., Md., E471, E483 McCollum, Betty, Minn., E464, E465, E466, E467, E470 Skelton, Ike, Mo., E464, E467 Cooper, Jim, Tenn., E474 Marchant, Kenny, Tex., E471 Costa, Jim, Calif., E474 Meek, Kendrick B., Fla., E470 Smith, Christopher H., N.J., E478 Cuellar, Henry, Tex., E465, E467 Mollohan, Alan B., W.Va., E487 Thompson, Mike, Calif., E486 Cummings, Elijah E., Md., E482 Moore, Dennis, Kans., E488 Towns, Edolphus, N.Y., E479, E480, E482, E483, E485, Ehlers, Vernon J., Mich., E463 Moore, Gwen, Wisc., E477 E486 Frank, Barney, Mass., E484 Moran, James P., Va., E477 Visclosky, Peter J., Ind., E485 Gilchrest, Wayne T., Md., E472 Moran, Jerry, Kans., E473 Waxman, Henry A., Calif., E474 Goodlatte, Bob, Va., E472 Musgrave, Marilyn N., Colo., E474 Weller, Jerry, Ill., E473 Hart, Melissa A., Pa., E463, E464, E465, E466, E468, Oberstar, James L., Minn., E482 Wilson, Joe, S.C., E464, E466, E468 E469 Pelosi, Nancy, Calif., E485 Wolf, Frank R., Va., E480, E482

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