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

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

Vol. 151 WASHINGTON, MONDAY, APRIL 18, 2005 No. 46 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE Accordingly (at 2 o’clock and 4 min- called to order by the Speaker pro tem- The SPEAKER pro tempore. The utes p.m.), under its previous order, the pore (Mr. RADANOVICH). Chair will lead the House in the Pledge House adjourned until tomorrow, Tues- day, April 19, 2005, at 12:30 p.m., for f of Allegiance. The SPEAKER pro tempore led the morning hour debates. DESIGNATION OF THE SPEAKER Pledge of Allegiance as follows: PRO TEMPORE I pledge allegiance to the Flag of the f The SPEAKER pro tempore laid be- United States of America, and to the Repub- lic for which it stands, one nation under God, EXECUTIVE COMMUNICATIONS, fore the House the following commu- indivisible, with liberty and justice for all. ETC. nication from the Speaker: f WASHINGTON, DC, Under clause 8 of rule XII, executive April 18, 2005. COMMUNICATION FROM THE communications were taken from the I hereby appoint the Honorable GEORGE CLERK OF THE HOUSE Speaker’s table and referred as follows: RADANOVICH to act as Speaker pro tempore The SPEAKER pro tempore laid be- 1664. A letter from the Director, Regu- on this day. fore the House the following commu- latory Review Group, Farm Service Agency, J. DENNIS HASTERT, nication from the Clerk of the House of Department of Agriculture, transmitting the Speaker of the House of Representatives. Representatives: Department’s ‘‘Major’’ final rule—Tobacco Transition Payment Program (RIN: 0560– f WASHINGTON, DC, AH30) received April 8, 2005, pursuant to 5 April 15, 2005. U.S.C. 801(a)(1)(A); to the Committee on Ag- PRAYER Hon. J. DENNIS HASTERT, riculture. The Chaplain, the Reverend Daniel P. The Speaker, House of Representatives, 1665. A letter from the Director, Regu- Coughlin, offered the following prayer: Washington, DC latory Review Group, Farm Service Agency, Lord God, giver of all good and last- DEAR MR. SPEAKER: Pursuant to the per- Department of Agriculture, transmitting the mission granted in Clause 2(h) of Rule II of Department’s ‘‘Major’’ final rule—2003 and ing gifts, be with Your people today. the Rules of the U.S. House of Representa- Renew us in faith that by Your inspira- 2004 Livestock Credit Corporation, USDA tives, the Clerk received the following mes- (RIN: 0560–AH25) received April 8, 2005, pursu- tion and bold holiness we may accom- sage from the Secretary of the Senate on ant to 5 U.S.C. 801(a)(1)(A); to the Committee plish Your purpose for us in our day. April 15 at 9:24 a.m.: on Agriculture. People of faith have laid the founda- That the Senate passed without amend- 1666. A letter from the Congressional Re- tion of this democracy. May these ment H.R. 787. view Coordinator, APHIS, Department of Ag- same lasting values shape today both With best wishes, I am riculture, transmitting the Department’s the private and public lives of all Sincerely, final rule—Karnal Bunt; Regulated Areas JEFF TRANDAHL, [Docket No. 04–118–1] Received March 30, American citizens. Help Your people to Clerk of the House. focus on transcendent truths that will 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the f help them live and act as the free chil- Committee on Agriculture. 1667. A letter from the Congressional Re- dren of God, likely to reject any aspect BILL PRESENTED TO THE PRESIDENT view Coordinator, APHIS, Department of Ag- of materialism or moral relativism riculture, transmitting the Department’s that may undermine the common good Jeff Trandahl, Clerk of the House, re- final rule—Classical Swine Fever Status of of this Nation. ports that on April 14, 2005 he presented Mexican States of Campeche, Quintana Roo, We humbly present ourselves and our to the President of the United States, Sonora, and Yucatan [Docket No. 02–002–2] needs to You, Almighty God, now and for his approval, the following bill. received March 30, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- forever. H.R. 1134. To amend the Internal Revenue culture. Amen. Code of 1986 to provide for the proper tax 1668. A letter from the Acting Adminis- treatment of certain disaster mitigation trator, AMS, Department of Agriculture, f payments. transmitting the Department’s final rule— THE JOURNAL f Grapes Grown in a Designated Area of The SPEAKER pro tempore. The ADJOURNMENT Southeastern California; Increased Assess- ment Rate [Docket No. FV05–925–1 FR] re- Chair has examined the Journal of the The SPEAKER pro tempore. Without ceived March 30, 2005, pursuant to 5 U.S.C. last day’s proceedings and announces objection, the House stands adjourned 801(a)(1)(A); to the Committee on Agri- to the House his approval thereof. until 12:30 p.m., Tuesday, April 19, 2005, culture. Pursuant to clause 1, rule I, the Jour- for morning hour debates. 1669. A letter from the Acting Adminis- nal stands approved. There was no objection. trator, AMS, Department of Agriculture,

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 04 2004 00:31 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A18AP7.000 H18PT1 H2106 CONGRESSIONAL RECORD — HOUSE April 18, 2005 transmitting the Department’s final rule— for printing and reference to the proper by the Speaker, in each case for consider- Dried Prunes Produced in California; In- calendar, as follows: ation of such provisions as fall within the ju- creased Assessment Rate [Docket No. FV05– risdiction of the committee concerned. Mr. THOMAS: Committee on Ways and 993–1 FR] received March 30, 2005, pursuant By Ms. HOOLEY: Means. H.R. 1541. A bill to amend the Inter- to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 1676. A bill to amend the Internal Rev- nal Revenue Code of 1986 to enhance energy Agriculture. enue Code of 1986 to provide for the disclo- infrastructure properties in the United 1670. A letter from the Acting Adminis- sure to State and local law enforcement States and to encourage the use of certain trator, AMS, Department of Agriculture, agencies of the identity of individuals claim- energy technologies, and for other purposes; transmitting the Department’s final rule— ing tax benefits through the improper use of with an amendment (Rept. 109–45). Referred Marketing Order Regulating the Handling of Social Security numbers of other individ- to the Committee of the Whole House on the Spearmint Oil Produced in the Far West; Re- uals; to the Committee on Ways and Means. vision of the Salable Quantity and Allotment State of the Union. Percentage for Class 3 (Native) Spearmint Mr. BOEHNER: Committee on Education Oil for the 2004–2005 Marketing Year [Docket and the Workforce. H.R. 739. A bill to amend f No. FV04–985–2 IFR–A2] received March 30, the Occupational Safety and Health Act of 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1970 to provide for adjudicative flexibility PRIVATE BILLS AND Committee on Agriculture. with regard to the filing of a notice of con- RESOLUTIONS 1671. A letter from the Acting Adminis- test by an employer following the issuance of trator, AMS, Department of Agriculture, a citation or proposed assessment of a pen- Under clause 3 of rule XII, transmitting the Department’s final rule— alty by the Occupational Safety and Health Mr. TOWNS introduced a bill (H.R. 1677) Domestic Dates Produced or Packaged in Administration (Rept. 109–46). Referred to for the relief of Kuan He Wu; which was re- Riverside County, CA; Modification of the the Committee of the Whole House on the ferred to the Committee on the Judiciary. Qualification Requirement for Approved State of the Union. Manufacturers of Date Products [Docket No. Mr. BOEHNER: Committee on Education f FV04–987–1 FR] received March 30, 2005, pur- and the Workforce. H.R. 740. A bill to amend suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Occupational Safety and Health Act of mittee on Agriculture. 1970 to provide for greater efficiency at the ADDITIONAL SPONSORS 1672. A letter from the Acting Adminis- Occupational Safety and Health Review Under clause 7 of rule XII, sponsors trator, AMS, Department of Agriculture, Commission; with an amendment (Rept. 109– transmitting the Department’s final rule— were added to public bills and resolu- 47). Referred to the Committee of the Whole Onions Grown in South Texas; Decreased As- House on the State of the Union. tions as follows: sessment Rate [Docket No. FV05–959–1 FIR] H.R. 19: Ms. HARRIS. received March 30, 2005, pursuant to 5 U.S.C. f H.R. 47: Mr. MCHENRY, Mrs. DRAKE, Mr. 801(a)(1)(A); to the Committee on Agri- PUBLIC BILLS AND RESOLUTIONS SHUSTER, Mrs. JO ANN DAVIS of Virginia, Mr. culture. NEY, and Mrs. MYRICK. 1673. A letter from the Acting Adminis- Under clause 2 of rule XII, public trator, AMS, Department of Agriculture, H.R. 302: Ms. SCHAKOWSKY. bills and resolutions were introduced H.R. 606: Mr. STARK. transmitting the Department’s final rule— and severally referred, as follows: Vidalia Onions Grown in Georgia; Increased H.R. 739: Mr. SOUDER, Ms. FOXX, and Mr. Assessment Rate [Docket No. FV05–955–1 By Mr. BARTON of Texas (for himself, KUHL of New York. IFR] received March 30, 2005, pursuant to 5 Mr. POMBO, and Mr. THOMAS): H.R. 740: Mr. SOUDER, Ms. FOXX, and Mr. U.S.C. 801(a)(1)(A); to the Committee on Ag- H.R. 6. A bill to ensure jobs for our future KUHL of New York. riculture. with secure, affordable, and reliable energy; H.R. 741: Mr. SOUDER, Ms. FOXX, and Mr. 1674. A letter from the General Counsel, to the Committee on Energy and Commerce, KUHL of New York. Department of the Treasury, transmitting a and in addition to the Committees on Edu- H.R. 742: Mr. SOUDER, Ms. FOXX, and Mr. draft bill ‘‘To authorize United States par- cation and the Workforce, Financial Serv- KUHL of New York. ticipation in, and appropriations for the ices, Agriculture, Resources, Science, and H.R. 880: Mr. BOUCHER. United States contribution to, the eighth re- Ways and Means, for a period to be subse- H.R. 987: Ms. ROS-LEHTINEN, Mrs. JONES of plenishment of the resources of the Asian quently determined by the Speaker, in each Ohio, Mr. CONYERS, Mrs. MALONEY, and Mr. Development Fund’’; to the Committee on case for consideration of such provisions as BURTON of Indiana. Financial Services. fall within the jurisdiction of the committee H.R. 1159: Mr. UDALL of Colorado. 1675. A letter from the General Counsel, concerned. H.R. 1299: Ms. HERSETH and Mr. BROWN of Department of the Treasury, transmitting a By Mr. BOEHLERT (for himself, Mr. South Carolina. draft bill ‘‘To authorize United States par- INSLEE, Mr. EHLERS, and Mr. WU): H.R. 1313: Mrs. WILSON of New Mexico, Mr. ticipation in, and appropriations for the H.R. 1674. A bill to authorize and strength- BEAUPREZ, Mr. PORTER, Mr. WELDON of Flor- United States contribution to, the tenth re- en the tsunami detection, forecast, warning, ida, Mr. MORAN of Kansas, Mr. SESSIONS, Mr. plenishment of the resources of the African and mitigation program of the National Oce- SAM JOHNSON of Texas, Ms. HARMAN, and Mr. Development Fund’’; to the Committee on anic and Atmospheric Administration, to be HOEKSTRA. Financial Services. carried out by the National Weather Service, H.R. 1587: Mr. MANZULLO. 1676. A letter from the General Counsel, and for other purposes; to the Committee on H.R. 1589: Mr. HINCHEY. Department of the Treasury, transmitting a Science. H.J. Res. 10: Mr. KANJORSKI, Mr. ISTOOK, draft bill ‘‘To authorize United States par- By Mr. BOUSTANY (for himself, Mr. and Mr. MCNULTY. ticipation in, and appropriations for the MCCRERY, Mr. JEFFERSON, Mr. ALEX- H. Con. Res. 99: Mr. EMANUEL. United States contribution to, the four- ANDER, Mr. JINDAL, Mr. MELANCON, H. Res. 67: Mr. BISHOP of Georgia, Ms. ZOE teenth replenishment of the resources of the and Mr. BAKER): LOFGREN of California, Mr. RANGEL, Mr. KEN- International Development Association’’; to H.R. 1675. A bill to provide for agreements NEDY of Rhode Island, Mr. SCHIFF, Mr. EMAN- the Committee on Financial Services. between Federal agencies to partner or UEL, and Mrs. TAUSCHER. f transfer funds to accomplish erosion goals H. Res. 84: Mr. BOSWELL. REPORTS OF COMMITTEES ON relating to the coastal area of Louisiana, and H. Res. 85: Mr. TERRY and Mr. CUNNINGHAM. PUBLIC BILLS AND RESOLUTIONS for other purposes; to the Committee on H. Res. 184: Mr. GARRETT of New Jersey. Transportation and Infrastructure, and in H. Res. 195: Mr. HERGER, Mr. CALVERT, Mr. Under clause 2 of rule XIII, reports of addition to the Committee on Agriculture, BONNER, Mr. SESSIONS, Mr. PRICE of Georgia, committees were delivered to the Clerk for a period to be subsequently determined and Mr. DEAL of Georgia.

VerDate Aug 04 2004 00:31 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\L18AP7.000 H18PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRSTSESSION

Vol. 151 WASHINGTON, MONDAY, APRIL 18, 2005 No. 46 Senate The Senate met at 1 p.m. and was SCHEDULE The Senator from Georgia. called to order by the President pro Mr. MCCONNELL. Mr. President, f tempore (Mr. STEVENS). today we open with a 1-hour period for morning business. At 2 today, we will PRAYER BLUE CARD ALTERNATIVE TO H– resume consideration of the emergency 2A GUEST WORKER PROGRAM The Chaplain, Dr. Barry C. Black, of- supplemental appropriations bill. As fered the following prayer: we announced at the close of last week, Mr. CHAMBLISS. Mr. President, I Let us pray. Members can expect one or two votes rise to discuss an amendment that I, O God, who causes our hearts to over- this evening in relation to the appro- along with my friend from Arizona, Senator JON KYL, have introduced. flow with beautiful thoughts, You are priations bill. Chairman COCHRAN will so glorious, so majestic. We think of be here when we resume the bill, and This amendment represents a practical the gifts of life, of love, of meaningful we will be consulting with the two alternative to S. 359, which has been work. We think of the blessings of the managers and the Democratic leader as introduced by Senator CRAIG, com- gift of friendship, of family, of fertile to exactly what votes we can expect monly known as the AgJOBS bill. My fields. We think of the power of Your today at approximately 5:30. hometown of Moultrie, GA, is located throne which endures forever and ever. On Friday, cloture was filed on the in Colquitt County. It is one of the Grant that these beautiful thoughts two pending amendments relating to most diversified agricultural counties will be transformed into loving service AgJOBS. In addition to these two clo- in the country and often referred to as to those who need it most. Inspire our ture votes, we have cloture votes the most diversified agricultural coun- Senators to labor for a harvest that scheduled on the Mikulski amendment ty east of the Mississippi River. During will transform lives and provide a on visas, as well as the underlying bill. my 26 years of practicing law, before I shield for freedom. Teach them to dis- To remind all of our colleagues, the came to Congress I represented farmers agree without being disagreeable and two AgJOBS cloture votes are sched- who grow almost every kind of crop to safeguard friendships regardless of uled for 11:45 a.m. tomorrow. The clo- there is. These farmers, as do most the issues. May they seek to under- ture vote on the Mikulski amendment farmers in America, depend very heav- stand before being understood. Make and the cloture vote on the bill will ily upon migrant labor for their means them quick to listen, slow to speak and occur later tomorrow afternoon. I hope of planting, harvesting, and getting slow to anger. Give them the wisdom we can invoke cloture on the bill to- their crops to market. to love what is right and hate what is morrow. That will be the only way to Up the road from my hometown is wrong. May their work so honor Your ensure that we finish our work this the Georgia peach growing area, which name that nations will praise You for- week on this extremely important also produces most of the pecans that ever. We pray this in Your blessed funding legislation. Therefore, Sen- are grown in the country today. So, Name. ators can expect votes each day this firsthand, I recognize the need for a Amen. week as we work our way through the stable and legal agricultural work- issues related to the supplemental ap- force. f propriations bill. From my perspective as a former I yield the floor. member of the House Permanent Se- lect Committee on Intelligence and my PLEDGE OF ALLEGIANCE f present position as chairman of the The PRESIDENT pro tempore led the RESERVATION OF LEADER TIME Senate Agricultural Committee, I un- Pledge of Allegiance, as follows: The PRESIDENT pro tempore. Under derstand that our country’s need for a I pledge allegiance to the Flag of the the previous order, the leadership time secure and reliable domestic food sup- United States of America, and to the Repub- is reserved. ply is an issue of national security. lic for which it stands, one nation under God, f This legislation addresses those needs indivisible, with liberty and justice for all. without providing amnesty to our cur- MORNING BUSINESS rent illegal agricultural workforce. In- f The PRESIDENT pro tempore. Under stead, we take a two-pronged approach. the previous order, there will be a pe- First, this legislation modernizes and RECOGNITION OF ACTING riod for the transaction of morning streamlines the current H–2A program. MAJORITY LEADER business until the hour of 2 p.m., with Secondly, it creates a temporary agri- The PRESIDENT pro tempore. The Senators permitted to speak therein cultural guest worker program called acting majority leader is recognized. for up to 10 minutes each. the blue card program.

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

S3767

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3768 CONGRESSIONAL RECORD — SENATE April 18, 2005 Let me give a little background on labor needs. The Department of Labor needed to fill their labor needs. This is the present H–2A program and why so will maintain its roll as an auditor to unlike the AgJOBS bill which allows il- few agricultural employers utilize it. punish those employers who willfully legal aliens to self-petition. The H–2A program is a program for violate the conditions that must be Once an alien receives a blue card, he non-immigrant, work-related, tem- met in the attestation process to ob- or she is eligible to work in the United porary visas authorized by the Immi- tain H–2A workers. We have increased States for up to three years. The blue gration and Naturalization Act. It is the penalties to ensure those who con- card may be renewed up to two times, regulated and administered by the tinue to employ illegal workers rather each at an employer’s petitioning. At United States Department of Labor. than utilize this updated program will the end of the second renewal, the blue Although its purpose is to allow pro- pay the costs. card worker must return to his or her ducers to have access to an adequate This legislation also addresses the home country, or country of last resi- legal seasonal workforce when domes- Adverse Effect Wage rate, which many dence. This is important. The blue card tic workers are unavailable, participa- contend has discouraged employers provides no path to U.S. citizenship, tion in the H–2A program is time con- from using the H–2A program. Instead, which is contrary to what the AgJOBS suming, bureaucratic, and inefficient. we move to a wage rate that is more bill does. Any blue card worker who A producer must complete a com- market-oriented and a prevailing wage wishes to become a U.S. citizen is cer- plicated application process which infor each region of the country. tainly allowed to do so. All that work- volves sequential approval by a State Another important aspect of this leg- er has to do is revoke his or her blue agency and three Federal agencies. As islation is it clearly states that the card, return to his or her home country presently designed, administered, and Legal Services Corporation cannot rep- or country of last residence for at least enforced, H–2A employers must com- resent or provide services to a person 1 year and apply through the normal plete a great deal of paperwork during or entity representing any alien, unless process just like everyone else. the application process. They must that alien is physically present in the An approved blue card worker will re- then coordinate and track their work- United States. This clarification is ceive all the protections U.S. workers ers through a Bureau of Customs and needed because of the longstanding and will receive. While blue cards are avail- Immigration Services and State De- well-documented abuses by the Legal able only to those aliens who work in partment visa approval system. Once Services Corporation in filing frivolous the agricultural field, this legislation the workers are present on the farm, lawsuits against producers who employ expands a traditional definition of ag- these employers must also comply with H–2A workers. riculture in recognition of the inter- all aspects of the Immigration and Nat- By streamlining and modernizing the dependence on various occupations uralization Act, the Migrant Seasonal H–2A program, we can make it easier within the field of agriculture. By in- Protection Worker Act, the Fair Labor and more attractive to U.S. agricul- cluding packagers, processors, and Standards Act, and various OSHA regu- tural employers and minimize the at- landscapers, we not only encourage a lations regarding housing and field traction of using illegal labor. larger percentage of our illegal popu- sanitation. The second part of our legislation lation to come forward, submit to Redtape aside, another serious issue targets the illegal population in this Homeland Security background with the current H–2A program is that country with the creation of a blue checks, and get legal work authoriza- it requires employers to pay the Ad- card program. The blue card program is tion, we also provide some relief to verse Effect Wage Rate, which is deter- an innovative, new temporary guest those occupations that have tradition- mined by an archaic survey conducted worker program. The idea of it is to ally relied on H–2B visas for foreign since the 1930s. This survey was never allow employers who cannot find an workers. As we all know, H–2B visas designed to capture prevailing wages adequate domestic workforce to peti- are in short supply and high demand. within a specific geographical area nor tion on behalf of an immigrant who is This legislation is important, and I does it specify the type of work that is currently illegally here to receive a urge the support of my colleagues. being done for that wage. In my home blue card or a temporary status in this The PRESIDENT pro tempore. The State of Georgia, the present wage an country. The petitioning process will Senator from Arizona is recognized. employer must pay for an unskilled require the alien to submit his or her Mr. KYL. Mr. President, I first wish farm worker is $8.30 per hour. This biographical information along with to express appreciation to the Senator wage is in addition to free housing and two biometric identifiers to the De- from Georgia for explaining very well reimbursement for all transportation partment of Homeland Security. This both the need for and the description of costs. All of these expenses make it way, we can be sure we are not bestow- the legislation on which we will be vot- very difficult for these H–2A employers ing the blue card status on a potential ing tomorrow, which is our version of to compete with producers who do not terrorist or an alien with a criminal the legislation that will help employ- or cannot use the program and who past. ers in our agricultural sector by in- then pay workers they are able to find The blue card itself will be a ma- cluding immigration reform which will between $5.15 and $6.15 per hour. chine-readable, tamper-resistant docu- make it easier for them to obtain We have millions of illegal workers ment that will be capable of con- workers from both the illegal immi- on farms in this country. We have a firming, for any immigration official grants who are in the country today as program that will allow growers to use who needs to know, the person holding well as those legal immigrants who legal workers. The fact so few agricul- the blue card is who the card claims he would be applying under our legisla- tural employers take advantage of H– or she is, and the blue card worker is tion. 2A is simple. It is too complicated, too authorized to work in agricultural em- Let me go back to kind of a 30,000- costly, and much too litigious. ployment in the United States and the foot elevation view here and describe The legislation that Senator KYL and authorization has not expired. the reasons we put this legislation to- I have introduced simplifies the H–2A Because the blue card workers will gether and are offering it at this time. program by streamlining the applica- maintain these secure identification As we have said before, the supple- tion process to involve fewer Govern- documents, they can freely travel be- mental appropriations bill, which will ment entities in the final approval. tween the United States and their be debated again tomorrow as well as Under this bill, employers who wish to home countries. This will allow the later today and which will help pay for use H–2A workers will go through an blue card workers to maintain ties to our war efforts in Iraq and Afghani- attestation process, rather than a their lives and families at home. stan, is not the appropriate place to be lengthy bureaucratic labor certifi- It is important to note that by set- debating immigration. Unfortunately, cation process. Employers will be al- ting the Blue Card Program up on an some of our colleagues saw fit to bring lowed to attest to the Department of employer-petition basis, the program amendments to the Senate floor which Homeland Security that they have con- has a natural cap built in—one that re- related to that subject. One of those ducted the required recruitment and sponds to the U.S. market and our ag- amendments is this amendment that were unable to find an adequate num- ricultural labor needs. Employers will deals with agricultural labor. It was at ber of domestic workers to fill their only petition for as many workers as that point that Senator CHAMBLISS and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3769 I had no alternative but to present the They are in the Social Security sys- there? Because, of course, the counter- alternative view of how to serve those tem. They are protected by our laws. feit documents, Social Security cards, agricultural needs. They have to be paid a specific kind of driver’s licenses, and other kinds of The basic difference between the bill wage, and they have all of the other documents used to gain employment in Senator CHAMBLISS just described and kinds of protections one would think of the first instance can also be used to the other bill, the bill that is primarily in this context, but their status is dif- demonstrate the previous status of offered by Senators KENNEDY and ferent from that of a legal permanent having illegally worked in the United CRAIG, is the difference between a bill resident, a green card holder. States of America. that provides amnesty, in the case of Not only are they not entitled to live (Mr. CHAMBLISS assumed the their legislation, for illegal immi- here the rest of their lives—eventually chair.) grants here, and our bill, which pro- they are going to have to return Mr. KYL. One of the reasons I believe vides the workforce within the legal home—but if they want to become citi- our bill has more support is that it is construct of the law but does not grant zens they have to go home and apply more likely to become law, whether it amnesty to the illegal immigrants who for it just like anybody else. What does is a stand-alone provision that relates are here. There are a lot of other dif- that mean? They have to be petitioned only to agricultural workers or is part ferences, but that is the prime dif- for by somebody, by an employer in of a broader kind of immigration reference. this country. It takes about a year for form. I do not think many people be- Both of us recognize that there is a them to acquire this status of legal lieve the House of Representatives is significant need for a workforce in this permanent resident. That is how long going to pass a bill with amnesty, so country, willing and able to work in it takes to get it. But once you get it, we are trying to be practical about it. agriculture and related occupations, you can apply to become a U.S. citizen. We would like to get something done, and that cannot be satisfied solely with We are not punishing people for hav- not simply run an ideological position people who are American citizens ing violated our laws. Some would say up the flag pole in order to get a vote today. you should not give them the oppor- on it here in the Senate. That is why The difference is in the way we treat tunity to become citizens because they the American Farm Bureau is so those people who are here illegally broke our laws. As Senator CHAMBLISS strongly in support of our legislation today. What the Craig and Kennedy pointed out, we are not saying that. If and in opposition to our colleagues’ legislation does is to grant those peo- they want to become legal permanent legislation. ple, very early on, a legal status which residents and apply for U.S. citizen- I ask unanimous consent to have permits them to become legal perma- ship, they would have that right. All printed in the RECORD a letter from the nent residents. ‘‘Legal permanent resi- we ask is that they be treated just like American Farm Bureau Federation dents’’ is a term of art under our immi- anybody else who wants that right, dated April 13 to the Presiding Officer gration law. Some people refer to it as which is to say they apply from their and myself. There being no objection, the mate- a green card. As little as 100 hours’ own country, not from the United rial was ordered to be printed in the work for 31⁄2 months entitles someone States; that they wait the same period RECORD, as follows: under their legislation to get a green of time you would have to wait other- card. A green card is like gold because wise, a year; and then, if it is granted, AMERICAN FARM BUREAU FEDERATION, Washington, DC, April 13, 2005. it enables you to live for the rest of they can apply for citizenship, and all Hon. SAXBY CHAMBLISS, your life in the United States of Amer- the rest of it works just the same as it U.S. Senate, ica and work here. would for anybody legal. Washington, DC. But it also means something else. If What we say is that you cannot use Hon. JON L. KYL, you have a green card, you can also the fact that you came to the United U.S. Senate, apply to become a citizen of the United States illegally to get to stay here and Washington, DC. States of America. It is a wonderful stay here during the entire process DEAR SENATORS CHAMBLISS AND KYL: The thing for people from other countries that you are applying for legal perma- American Farm Bureau Federation strongly to get to be citizens of the United supports the Chambliss-Kyl Amendment and nent residency and U.S. citizenship. urges its adoption when it is considered on States of America. We are very much That gives you a big advantage, a leg the Senate floor. in support of immigration to this coun- up over those who are abiding by the This amendment would provide U.S. agri- try. As my grandparents came here and law and who did not violate the law culture a clear, simple, timely and efficient as almost all the rest of us have rel- and come here illegally in the first H–2a program to fill seasonal and temporary atives who came to this country from place. There are other differences, but jobs for which there is a limited U.S. labor another country, we all support legal supply. In order to recruit a worker from that is the most critical difference. abroad, an employer would first have to immigration. But we do not believe From our colleagues’ standpoint, make every reasonable effort to find an that great opportunity to become a cit- what we are saying is you can vote for American worker. This is exactly the kind of izen of the United States should be a bill which grants a very simple, con- meaningful reform that is necessary to pro- granted to someone on the basis of venient, economical way for us to get vide all sectors of agriculture with a work- their illegality; because they came the agricultural labor we need in this able program while protecting American here illegally, because they used coun- country, with all the protections for workers. terfeit documents, because they got a the laborers which one would expect, The measure also deals sensibly and fairly with illegal immigrants who are now work- job illegally—that on the basis of those without having to grant amnesty to ing in agriculture, who meet strict criteria factors they should get an advantage these individuals, and that is a big and who pose no security threat. Employers over those who are abiding by the law deal. would petition to have such workers granted and who want to become U.S. citizens. The second way the Kennedy-Craig ‘‘blue card’’ temporary worker status. Once It is that with which we disagree. legislation provides for amnesty is that granted, a blue card would be valid for three What we say is if a person who is in it even provides for someone who came years and could be renewed a maximum of the country illegally today wants to to this country illegally and is em- two times (exceptions may be considered for work in U.S. agriculture or related in- ployed illegally here and who then supervisory employees.) This amendment does not grant amnesty dustries, and the employer needs that went back to their home country to to illegal aliens. Blue card workers would person—and there are certainly a lot of come back into the United States and have the right to change jobs, earn a fair them in that category—the employer get those same advantages as those wage and enjoy the same working conditions petitions and that individual can get a who would otherwise have to wait a the law requires for American workers. Blue different kind of status, a blue card, as year for legal permanent residency and card workers would be protected by all labor Senator CHAMBLISS said. That blue then later for citizenship. So it not laws. Blue card workers could travel freely card status enables them to work here, only would apply to those who are here and legally back and forth to their home country. to live here, to travel back and forth to illegally today but those who claimed The Chambliss-Kyl proposal strikes a rea- their country of origin. They can go they worked in the United States ille- sonable balance among employers, hard- back and forth every weekend, if they gally in the past. And who knows what working employees who are striving to bet- desire. There are no restrictions there. kind of claims we are going to get ter themselves and the need and obligation

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3770 CONGRESSIONAL RECORD — SENATE April 18, 2005 of our country to control the flow of immi- tisan consensus. What I wish to talk in this body is such that the filibuster grants. about is achieving consensus in a town helps to encourage compromise. It is AFBF supports the Chambliss-Kyl amend- that is increasingly polarized by exces- saying to the majority that because ment and we urge your fellow Senators to sive partisanship and excessive ideolog- they have an idea, they can’t force that vote for this proposal when it is considered in the Senate. ical rigidity. This is a town in which it idea unless they get 60 votes, and that Sincerely, has gotten to the point, as told by Les- causes the majority to have to listen to BOB STALLMAN, ley Stahl, the CBS reporter, the other the minority. It brings about encour- President. night, of an experience she had at a agement of compromise. Mr. KYL. Let me read the opening to dinner party with nonelected officials— I don’t think we ought to do away give a flavor of what the American just normal folks at a dinner party in with the filibuster. Yet that is what Farm Bureau Federation is saying: New York. The discussion turned to the Senate is about to do, if the rules The American Farm Bureau Federation matters having to do with the subjects are amended. strongly supports the Chambliss-Kyl amend- we are dealing with here in the Con- Interestingly, the rules of the Senate ment and urges its adoption when it is congress, and all of a sudden the mood in say it takes 67 Senators to amend the sidered on the Senate floor. This amendment that salubrious dinner party turned rules. But we all have been told of a would provide U.S. agriculture a clear, sim- hostile. People were starting to shout plan whereby the Presiding Officer, the ple, timely and efficient H–2a program to fill at each other, and any sense of civility Vice President of the United States— seasonal and temporary jobs for which there and the majority leader would make a is a limited U.S. labor supply. . . . was suddenly gone. I worry about that here in the most motion and the Chair, the Vice Presi- This measure also deals sensibly and fairly dent, the President of the Senate, with illegal immigrants who are now work- collegial of all parliamentary bodies in ing in agriculture, who meet strict criteria the world—this one, right here, the would rule, and a 51-vote majority and pose no security threat. Senate. It has been such a great privi- would change the rules of the Senate. This amendment does not grant amnesty lege for me to be a part of it. Yet, as I It is my understanding that the Parlia- to illegal aliens. . . . see, as the debate is approaching, ev- mentarian of the Senate has in fact The Chambliss-Kyl proposal strikes a rea- erything is so partisan and everything stated you can’t change the rules that sonable balance among employers, hard- way. Yet it looks as though the major- working employees who are striving to bet- starts to take on the tinge of ‘‘it’s either my way or the highway.’’ That is ity leader, encouraged by the majority, ter themselves and the need and obligation is going to try to change the rules—not of our country to control the flow of immi- not only not how this Nation has been grants. governed under the Constitution for 217 according to the Senate rules. In other The American Farm Bureau Federation years, that is, indeed, the very birth- words, it seems the majority is break- supports the Chambliss-Kyl amendment and right we have had in this Nation—coming the rules in order to change the we urge your fellow Senators to vote for this promise, compromise, and bringing to- Senate rules. I don’t think that is right. I don’t proposal when it is considered in the Senate. gether consensus in order to have a think we ought to be changing the In summary, we are going to have governing ability to function. That was rules in the middle of the game. I don’t two proposals before us, one offered by how we came out with the Constitution think it is right to overrule the Parlia- the Senators from Massachusetts and that we did in that hot summer session Idaho. We urge you reject that proposal mentarian of the Senate, who is not a of the Constitutional Convention in partisan official. because it is not something that is ever Philadelphia back in 1787. Yet I wonder going to become law. It provides am- I think this starts to verge on the if we are losing some of that glue that edges of riskiness, if we start operating nesty for illegal immigrants here. The brings us together and has us start other is our proposal, which enables us this Senate under those kind of rules, drawing up consensus by reaching out rules that are breaking the rules in to have a good, workable system for to the other Senators and molding our order to change the rules. agricultural labor. It can pass both ideas together in order to govern a Another way you could put it is that bodies, and it does not include am- very large country, a broad country, a we talk about the majority is threat- nesty. diverse country, a complicated coun- ening to break the rules to win every I note when we begin debate on the try. time. Is that what the Senate is all supplemental appropriations we will You can’t do it with just one opinion. about? Isn’t the Senate about the ma- have more of an explanation of what I have heard some of the statements jority having to consult the minority, we have offered to our colleagues, but when I have been interviewed on pro- because under the rules of the Senate, at least this way we have opened up grams such as CNN and FOX. There minority rights are protected so the the subject. were other Senators on these programs majority cannot completely run over I yield the floor. with me. I shake my head, wondering the minority? Isn’t that what is the The PRESIDING OFFICER. The Sen- how someone could say those things. history and precedent of 217 years in ator from Florida. It is this question this Senate is the Senate? I think the history of this f going to face, whether the rules of this body would show that is the case, espe- body are going to be changed in order CHANGING SENATE RULES cially if we get to the point that this to cut off the ability of a Senator to body is going to overrule the Parlia- Mr. NELSON of Florida. Mr. Presi- stand up and speak for as long as he or mentarian. I think that is verging on dent, I have had the pleasure of work- she wants on a subject of importance an abuse of power of the majority. ing with the Senator from Arizona in to that Senator, and whether that abil- Remember also a truth—that today’s the finest tradition of the Senate, in ity, known as a filibuster, is going to majority will be tomorrow’s minority, bipartisanship. We are working to- be taken away from us. and the minority should always be pro- gether on an issue that is of great con- What is the history of the filibuster? tected. cern to the country, and that is the es- If you think about how the filibuster There is another reason; that is, this tate tax and whether it should be works in the Senate, 217 years ago group of political geniuses who hap- eliminated; if not totally eliminated, there was no limitation on a Senator pened to gather in Philadelphia back in we are working on the prospect of hav- being able to stand up and speak. For that hot summer of 1787 created a sys- ing a significant exemption and doing over a century, the rules provided a tem that had indeed separation of pow- something about the balance of a tax- Senator could not be cut off. Early in ers—that no one institution or one per- able estate as to what would be the ac- the last century, that was changed so son in the Government of the United tual rate at which the remainder of the that if 67 Senators voted to cut off de- States could become so all powerful as estate would be taxed. bate, then the debate would be closed. to mow over other persons in the insti- I raise this issue, although this is not That was a supermajority. tution. the subject of my statement to the Later on—sometime, I believe, in the In that separation of powers of the Senate, because I am following the dis- 1960s—that threshold of 67 was lessened executive from the legislative and from tinguished junior Senator from Ari- to 60. That is the rule we operate under the judicial, they also created checks zona. It has been my privilege to work now. A Senator can stand up and talk and balances inherent in the Constitu- with him in trying to achieve a bipar- and talk and talk. The ability to speak tion so that power cannot accumulate

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3771 in any one person’s hands. Thus, in the Abe Fortas was nominated by Presi- have been filibustered; fully 17 out of Congress they created a House of Rep- dent Johnson to be Chief Justice of the around 35. resentatives which represents the pop- United States Supreme Court, and he So when our colleagues on the other ulation, and a Senate, which was the was filibustered. side of the aisle talk about the large Great Compromise in the Constitu- Since the start of the George W. Bush number of judges they have approved, tional Convention of 1787—the Senate administration in 2001, 11 judicial they are folding in all of the Federal that represented each State equally nominations have needed 60 votes for district court nominees everyone has with two Senators. In the rules that cloture in order to end a filibuster. always voted for. That is not the ap- evolved from that body, the checks and That is before President Bush’s term propriate measure. The question is, balances arose to protect the minority. which started in 2001. how many circuit court nominees? Let us look in the separation of pow- How people can come with a straight Never before, in the history of our ers, the executive, the legislative, and face and say a filibuster has not been country, have we seen circuit court the judicial. What was created, and cre- used on judicial appointments, I simply nominees or district court nominees, ated over time, was the value of an don’t understand. It defies the histor- for that matter, but circuit court independent judiciary, a judiciary that ical record of the Senate. nominees filibustered in this manner— was going to be appointed in a two-step I think there are several principles ten separate judges we could not come process. A one-step process that the that are very important as we consider to a final up-or-down vote, seven more Constitutional Convention rejected was this. It is my hope—and I have reached who would have had the same fate had that the appointment be only by the out to colleagues, dear personal friends they been voted for. That has never President. The Constitutional Conven- who are friends regardless of party— happened before in the history of the tion created a two-step process in that we can avoid this constitutional country. which the President nominates and the clash which should not be and changing Our colleague from Illinois was dis- Senate confirms or rejects. That is part the rules by breaking the rules. cussing the fact that a former Senator of the checks and balances. Remember, a filibuster is to help en- from New Hampshire had, in this Sen- I must say, as a senior Senator from courage compromise. We shouldn’t be ate, talked about filibuster, following a Florida, I have been absolutely bewil- changing the rules in the middle of the couple of judges for the Ninth Circuit dered at statements I have heard on game. The underlying principle I want Court of Appeals. In fact, that Senator the floor of the Senate as well as I have our Senators to remember as we get had said that. The interesting point is, heard from some of my colleagues into this debate—hopefully it will be even though he, a single Senator, want- when we have been interviewed on headed off by cooler minds. As the ed to filibuster the nominees—their these news programs in which it is Good Book says, come now and let us names were Berzon and Paez—the Re- claimed we are rejecting all of these reason together. Remember these prin- publican leader, TRENT LOTT from Mis- judges. Let me tell you what this Sen- ciples. sissippi, made an arrangement with the ator from Florida has done. Of the 215 The Constitution stands for an inde- then-Democratic leader, Daschle from nominations before the Senate, this pendent judiciary. There are very nec- South Dakota, that they would not be Senator has voted for 206 of them. That essary checks and balances in our form filibustered, and we filed cloture, means there are only 9 this Senator of government to keep the accumula- which is the petition to bring the mat- has not voted for. In other words, under tion of power from any one agency, or ter to a close so we could take a final the administration of President George executive branch, or person’s hands. vote. Senators on both sides of the W. Bush, I have voted for 206 of his 215 We should not be overruling the Par- aisle supported the cloture motion, so nominations. That is 96 percent I voted liamentarian. We must encourage com- they supported getting to a final vote for. promise. To change the rules in the on those two judges. Of course, cloture Does that sound as though this Sen- middle of the game is bordering on an was invoked, meaning they were not ator is not approving all of the con- abuse of power. Surely the Senate can filibustered. servative judges? Every one of those rise above this partisan, highly ideo- They were brought up for a vote. judges who have come forth to us was logical set of politics and come to- Some voted against them—I voted for a conservative judge. I have voted for gether for the sake of the Nation. Berzon and against Paez—but the net 96 percent of them. I can tell you that I yield the floor. result is they are both sitting on the the 9 I have not voted for—by the way, The PRESIDING OFFICER. The Sen- Ninth Circuit Court of Appeals today. I voted for one a majority of my party ator from Arizona. They were not filibustered. So there is voted against, and that was Miguel Mr. KYL. Mr. President, I will speak no case of a filibuster of the circuit Estrada. But I had reasons, because I in morning business to the point dis- court judge. None. called him in and asked him if he cussed by my colleague from Florida. I Second, the only other situation in would obey the law as a court of ap- understand another Senator was going which it is alleged a filibuster occurred peals judge. He said he would. I said to be here; when he arrives, I will yield was with Abe Fortas, whose name was that is good enough for me. But the re- the floor. withdrawn by Lyndon Johnson the day maining nine, I have plenty of reasons It is important for my colleagues and after a cloture vote failed to succeed. why I do not think they are entitled to for the American people to appreciate As Senator Griffin from Michigan, who a lifetime appointment as a Federal a little bit of the background of this was then leading that opposition to judge. issue with respect to judges. My col- Abe Fortas, has told me and others, That is my prerogative as a Senator, league from Florida makes a point that there was no effort to filibuster be- and it is also my prerogative as a Sen- he has voted for most of the Presi- cause they had the votes to kill the ator under the rules of the Senate to dent’s judicial nominees. Indeed, that judge. They simply had not had time to stand up and to speak as long as this has been the case with every Senator debate him, which is why they voted Senator has breath in order to get that for every President. against the cloture, but as a result of opinion across. But until the last 2 years, we have the President acknowledging he had no I have been amazed to hear some of voted both for district court nominees support in the Senate, his name was my colleagues say here on the Senate and circuit court nominees. Two years withdrawn. floor as well as in some of these tele- ago, the Democratic minority began There has never been a filibuster of a vision interviews that we have done— filibustering circuit court nominees. Supreme Court or circuit court judge and sometimes done together—that That is why President Bush has had a in the United States—it simply is erro- utilizing the filibuster has never been lower percentage of his nominees ap- neous to suggest there has been—nor is used, they say, against a judge nomi- proved than any President since it correct to say we have been voting nee. My goodness, all you have to do is Franklin Roosevelt for the important on all of these different judges. If you look at history. In 1881, Stanley Mat- circuit court positions. In fact, a third take the district court judges out, thews was nominated by President of President Bush’s circuit court nomi- about whom there is no controversy, Hayes to be a Justice of the Supreme nees were filibustered or could not be there is a huge issue because fully a Court, and he was filibustered. In 1968, brought to a vote because they would third of the President’s circuit court

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3772 CONGRESSIONAL RECORD — SENATE April 18, 2005 nominees were not voted on because of Who are some of the people he has a budget, to pass the appropriations this new filibuster by the Democratic nominated? Some are judges who have bill, to pass the bill that is before the minority. had to stand for election, for example, Senate right now, the supplemental ap- We need to have some perspective. in California and Texas, and have re- propriations bill that will literally Who is changing the rules? Until 2 ceived supermajorities, 70 or 80 per- fund our troops’ effort in Afghanistan years ago, all the judges got up-or- cent. I have forgotten the exact num- and Iraq, to pass an energy bill, to pass down votes. Judges that could not even bers of support from the citizens of a defense authorization bill, all of the get out of the Judiciary Committee their States. One is a blue State. One is other important things they want us to with a majority vote were granted the a red State. When well over 50 or 60 do here. privilege or courtesy of a vote in the percent of the citizens in this State Yet we have some colleagues sug- Senate. During the debate when Clar- vote to support these judges to con- gesting, if they do not get their way on ence Thomas was being confirmed, sev- tinue in office on their State supreme these judges, like a school-yard bully eral leading Democratic Senators came court, you would hardly say these who has a call go against him by the to the Senate to oppose Judge Thomas. nominees are out of the mainstream. referee and picks up his ball and goes They said they actually had thought Yet those two particular judges, Janice home so the rest of the kids cannot about trying to filibuster his nomina- Rogers Brown from California and play. Is that the threat here; pick up tion but that would be wrong because Percilla Owen from Texas, are the ones your ball and go home so the rest of us filibustering judicial nominees is for whom this filibuster has been ap- cannot do the business we were sent wrong. Senator LEAHY, Senator KEN- plied. here to do? NEDY, and others came to this floor and It does not make sense to suggest a Let me make one final prediction. said, we do not know whether we will tradition of this Senate to give people Last time we met as members of the defeat Clarence Thomas or not, but we an up-or-down vote is going to be over- Judiciary Committee, we could not get a quorum to do business. Not one mem- are not going to defeat him with a fili- turned because all of a sudden a Presi- ber of the minority party showed up. buster because that would be wrong. dent is proposing people who are wildly We have to have at least one for a Sure enough, they were correct. They out of the mainstream. lost the vote, 48–52. He was confirmed. What has the Republican majority at quorum. This was not the last meeting but the penultimate meeting. They I admired them because they stood for least considered doing? Simply return- said there were three members going to principle. The rule and the tradition of ing to the way it has always been, to the funeral of the Pope; 3 out of 9. I this body had always been we give the going back to the 200 years—before 2 predict, at another meeting on Thurs- nominees an up-or-down vote, but if years ago—and giving people an up-or- day—and we need to pass the judges they could get 51 votes for confirma- down vote. Members can still vote out to consider them on the floor—they tion, they became a circuit court judge against the nominee. Members do not will not give a quorum then, they will or a Supreme Court justice. That is have to vote for the nominee, but at not show up or, if they do show up, what happened in the case of Clarence least give them an up-or-down vote. We they filibuster it so we cannot get the Thomas. do that based upon the precedence that Now, all of a sudden, it has been judges adopted. I predict right now the has been set by the then-majority lead- turned around, and the Democratic mi- judges that are on the agenda for that er of this Senate, the Senator from nority, almost to a person, has said meeting this coming week will not be West Virginia, who, on not fewer than they believe judges should be filibus- passed out. They might pass out one or four separate occasions, utilized the tered, and the President’s nominees are two, but they are not going to allow us precedence of this body to ensure that not going to get an up-or-down vote if to pass all of those judges so they can dilatory tactics could not prevail in they decide they want to filibuster a be considered by the full Senate. particular nominee. this Senate and that we could move It was Members of the minority As I said, at least a third of these cir- forward with the business of the Sen- party who complained, while Repub- cuit court nominees so far have been ate. licans never filibustered, they did keep filibustered. It is our understanding It is the very same precedent that some of President Clinton’s judicial that practice will continue unless we would be used to reestablish the up-or- nominees bottled up in committee. We can get back to the way it has always down vote which has been the tradition will see whether they are willing to been, the traditional role of the Senate of this Senate all along. That is not pass these nominees—I think there are in providing advice and consent with a rubberstamping. That is giving due 6 or 7 pending—we will see whether or majority vote, up or down. consideration to these nominees and not they are willing to show up for the It has also been suggested the Presi- giving them an up-or-down vote at the meeting so there is a quorum and ena- dent is nominating a new, wild variety end of the day. bling the committee to pass them out of lawyers and judges to be circuit When Americans look at this sort of to the full body so we can debate the court judges, way out of the main- intramural battle occurring in the Sen- nominees or whether they talk and stream kind of people. This, of course, ate, they have to wonder why this is talk and talk until the meeting has to is absolutely ludicrous. The kind of happening, why it is so important. I end, no one else is around, and we no people that President Bush has nomi- suspect it may have something to do longer have a quorum or they simply nated are respected jurists or lawyers. with the fact there might be a vacancy do not show up for a quorum. The American Bar Association, on the Supreme Court, and our friends We will see what they do. I predict which used to be the Democrat’s gold on the other side of the aisle are so right now my colleagues are not going standard for approving the judicial afraid President Bush might nominate to allow us to get those judges to the nominees, has judged all of these can- someone who could gain majority sup- Senate so we can begin the debate and didates qualified. Yet somehow some of port they are prepared to actually the consideration of whether they our colleagues on the left say they are refuse that nominee an up-or-down should be confirmed. That will be a out of the mainstream. My colleague vote. That would be unprecedented in real shame and, again, a violation of on the Judiciary Committee, the Sen- the history of this body. I don’t think what this Senate has always done in ator from New York, for example, has it is right. the past, even when we did not particu- made this charge on several occasions. Some people have called this the nu- larly think a nominee should receive I ask, who is probably more rep- clear option because they threatened an affirmative vote on the floor. I be- resentative of the mainstream? A sin- to blow the Senate up if we try to re- lieve Clarence Thomas was in this situ- gle Senator from a State, for example, turn to the traditional rule of an up-or- ation. The committee passed him to like New York? Or the President of the down vote in the Senate. That is a very the Senate to see what the full body United States who had to get elected unfortunate name and a very unfortu- would do to give its advice and consent with support from all over this coun- nate threat. No one should be threat- which is what the Constitution calls try? I don’t think anyone would say ening to go nuclear or blow the place upon us to do. George Bush is out of the mainstream, up or prevent the Senate from doing its I close by urging my colleagues not that President Bush is out of the main- business. Our constituents sent us here to confuse this discussion with erro- stream of this country. for a reason, to get work done, to pass neous information or talk about things

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3773 that are in a history that never was leaders in this Chamber, we would have lican Members of the Congress, people but, rather, to approach it on the basis to say that 205 judicial nominees for- called for Stalinist solutions to prob- of moving forward, in a bipartisan way, warded by the President, whom the lems, referring to Joseph Stalin’s ref- to fill our constitutional responsibil- Democratic Senators have helped to erence to killing people he disagreed ities to grant these judges an up-or- confirm, would seem not to be people of with, and calling for mass impeach- down vote by our advice and consent so faith, even though that is as false and ments. Wouldn’t you think the Mem- we can put people on the court in these ridiculous on its face as is the charge bers of Congress, who have taken an very important positions to serve the leveled at Democratic Senators. oath to uphold the Constitution, would American people. This disgusting spectacle, this smear speak up or at least leave with their Mr. CHAMBLISS. Mr. President, I of good men and women as ‘‘against heads bowed in shame, instead of, ap- suggest the absence of a quorum. faith’’ is expected to happen, in of all parently, enjoying it? The PRESIDING OFFICER (Mr. places, a house of worship, according to Last week, the Senate Democratic BURR). The clerk will call the roll. a front-page article last week in the leadership called upon the President The legislative clerk proceeded to New York Times. It will involve twist- and the Republican leadership of Con- call the roll. ing history, as well as religion, because gress to denounce these inflammatory Mr. LEAHY. Mr. President, I ask according to the report, those involved statements against judges. This week, I unanimous consent that the order for will claim that Democratic Senators renew my call to the Republican leader the quorum call be rescinded. are using the filibuster rule to keep and, in particular, to Republican mod- The PRESIDING OFFICER. Without people of faith off of the Federal bench. erates, to denounce the religious This slander is so laden with false- objection, it is so ordered. McCarthyism that is again pervading Mr. LEAHY. Mr. President, I ask hoods, so permeated by the smoke and their side of this debate. unanimous consent to speak in morn- mirrors of partisan politics, and so I ask my friends on the other side of ing business for not to exceed 14 min- intertwined with one man’s personal the aisle to follow the brave example of utes. political aspirations that it should col- one of Vermont’s greatest Senators, The PRESIDING OFFICER. Without lapse of its own weight. But too many Republican Ralph Flanders. Senator objection, it is so ordered. who should speak out against it remain Flanders recognized a ruthless political The Senator from Vermont. violent. opportunist when he saw one. He knew f Republicans on the Senate Judiciary Committee began blatantly to invoke Senator Joseph McCarthy had ex- MARLA RUZICKA obscene accusations like this one ear- ploited his position of power in the Mr. LEAHY. Mr. President, this is a lier in the Bush administration. They Senate to smear hundreds of innocent matter which I and my friend from hurled false charges against Senators people and win headlines and followers, California, Senator BOXER, will be saying they were anti-Hispanic or anti- and campaign contributions, with his speaking about later this afternoon, African American, anti-woman, anti- false charges and innuendo, without re- and that is the tragic death of a re- religion, anti-Catholic, and anti-Chris- gard to facts or rules or human de- markable young Californian, Marla tian for opposing certain judicial nomi- cency. Ruzicka. nees. Senator Flanders spoke out during Marla was the founder of a humani- They never bothered to mention the this dark chapter in the history of this tarian organization devoted to helping same Senators who were making these great institution. He offered a resolu- the families of Afghan and Iraqi civil- slanderous statements had blocked, tion of censure condemning the con- ians who have been killed or suffered themselves, many, many, many—over duct of Senator McCarthy. Now, in our other losses as a result of U.S. military 60—Hispanics, women, certainly people time, a line has again been crossed by operations. She died in Baghdad on of faith. And they never bothered to some seeking to influence this body. I Saturday from a car bomb while she say the Senators they were slandering ask my friends on the other side of the was doing the work she loved and for had supported hundreds of nominees, aisle to follow Senator Flanders’ lead which so many people around the world including Hispanics, African Ameri- in condemning the crossing of that admired her. cans, women, and people of faith— line. In fact, Tim Rieser, in my office, has Catholic, Christian, and Jewish. They I have served with many fair-minded worked closely with her. We received e- never hesitated to stoke the flames of Republican Senators. I am saddened to mails about the work she was doing, bigotry, and to encourage their sup- see Republican Senators stay silent and even photographs of people she was porters to continue the smear in cyber- when they are invited to disavow these helping arrived literally minutes be- space or on the pages of newspapers or abuses. Where are the voices of reason? fore she died. through direct mail. Will the Republicans not heed the clar- I will speak later today about this. Actually, to the contrary, they ion call that Republican Senator John But she was a remarkable person. seemed to like the way it sounded. Danforth sounded a few weeks ago? When I spoke with her family in Cali- Maybe it tested well in their political And he is an ordained Episcopal priest. fornia yesterday, I told them this was polls. Now they have decided to up the What has silenced these Senators who a life well worth living, that most peo- ante on such ‘‘religious McCarthyism,’’ otherwise have taken moderate and ple would not accomplish in their life- as a way to help them tear down the independent stands in the past? Why time what this 28-year-old wonderful Senate and do away with the last bas- are they allowing this religious McCar- woman accomplished in hers. tion against this President’s most ex- thyism to take place unchallenged? f treme judicial nominees. It is crass The demagoguery that is so cynically demagoguery, and it is fueled by the and corrosively being used by sup- JUDICIAL NOMINATIONS arrogance of power. porters of the President’s most ex- Mr. LEAHY. Mr. President, I am They now seek to make a connection treme judicial nominees needs to stop. going to speak on another matter. We between the dark days of the struggle Not only must this bogus religious have learned that those who are intent for civil rights, when some used the fil- test end, but Senators should denounce on forcing confrontation, breaking the ibuster to try to defeat equal rights the launching of the nuclear option, Senate rules, and undercutting our laws, and the situation we find our- the Republicans’ precedent-shattering democratic checks and balances plan selves in today when the voice of the proposal to destroy the Senate in one to take their previous outrageous alle- minority struggles to be heard above stroke, while shifting the checks and gations of religious McCarthyism one the cacophony of daily lies and mis- balances of the Senate to the White step further and accuse Democrats of representations. This tactical shift fol- House. being ‘‘against people of faith’’ because lows on the rhetorical attacks aimed at I would like to keep the Senate safe we object to seven—seven—of the the judiciary over the past few weeks and secure and in a ‘‘nuclear free’’ President’s more than 200 judicial in which Federal judges were likened zone. Even our current Parliamentar- nominations. to the KKK and ‘‘the focus of evil.’’ ian’s office and our Congressional Re- If you followed the sick logic of this In the last few weeks, we have heard search Service has said the so-called venom being spewed by some of the that, at an event attended by Repub- nuclear option would go against Senate

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3774 CONGRESSIONAL RECORD — SENATE April 18, 2005 precedent and require the Chair to States Senate. If the Iraqi law and As- pendent judiciary.’’ And I remember overrule the Parliamentarian. Is this sembly can protect minority rights and the discussion around the conference how we want to govern the Senate? Do participation, so can the rules and room in my office. This was the most Republicans want to blatantly break United States Senate. That has been amazing thing to them, that the people the rules for some kind of a short-term the defining characteristic of the Sen- who disagreed with the government political gain? ate and one of the principal ways in could actually go to a federal court or Just as the Constitution provides in which it was designed to be distinct a state court, bring a suit there and Article V for a method of amendment, from the House or Representatives. seek redress even if it meant the gov- so, too, the Senate Rules provide for This week, the Senate is debating an ernment lost. Sometimes it wins, their own amendment. Sadly, the cur- emergency supplemental appropria- sometimes it loses. I was a government rent crop of zealot partisans who are tions bill to fund the war efforts in Iraq prosecutor. I know how that works. I seeking to limit debate and minority and Afghanistan. The justification for think they finally understood that the rights in the Senate have no respect for these billions of dollars being spent reason we are such a great democracy the Senate, its role in our government each week is that we are seeking to es- is that we have an independent judici- as a check on the executive or its tablish democracies. How ironic that at ary. Rules. Republicans are in the majority the same time we are undertaking I would call out to my friends on the in the Senate and chair all of its Com- these efforts at great cost to so many other side of the aisle to stop slamming mittees, including the Rules Com- American families, some are seeking to the federal judiciary. We don’t have to mittee. If Republicans have a serious undermine the protection of minority agree with every one of their opinions proposal to change the Senate Rules, rights and checks and balances rep- but let’s respect their independence. they should introduce it. The Rules resented by the Senate through our Let’s not say things that are going to Committee should hold serious hear- own history. Yet that is what I see hap- bring about further threats against our ings on it and consider it and create a pening. judges. We’ve had a lot more judges full and fair record so that the Senate President Bush emphasized in his dis- killed than we’ve had U.S. Senators itself would be in position to consider cussions earlier this year with Presi- killed for carrying out their duties. We it. That is what we used to call ‘‘reg- dent Putin of Russia that the essen- ought to be protecting them and their ular order.’’ That is how the Senate is tials of a democracy include protecting integrity. If we disagree with what intended to operate, through delibera- minority rights and an independent ju- they’ve done in a case where we can tive processes and with all points of diciary. The Republican ‘‘nuclear op- pass a law and we feel we should, then view being protected and being able to tion’’ will undermine our values here pass a law and change it. Don’t take be heard. at the same time we are preaching our the pot shots that put all judges in That is not how the ‘‘nuclear option’’ values to others abroad. danger and that attack the very inde- will work. It is intended to work out- I urge Senate Republicans to listen pendence of our federal judiciary. side established precedents and proce- carefully to what their leaders are say- We remember our own oath of office. dures as explained by the Congres- ing, here in the Senate, and out across Part of upholding the Constitution is sional Research Service report from the country to their most extreme sup- upholding the independence of the last month. Use of the ‘‘nuclear op- porters. Consider what it is they are third branch of government. One party tion’’ in the Senate is akin to amend- about to do and the language they use or the other will control the presi- ing the Constitution not by following to justify it. Both are wrong. It would dency. One party or the other will con- the procedures required by Article V steer the Senate and the country away trol each House of Congress. No polit- but by proclaiming that 51 Republican from democracy, away from the protec- ical party should control the judiciary. Senators have determined that every tions of the minority and away from It should be independent of all political copy of the Constitution shall contain the checks and balances that ensure parties. That was the genius of the a new section or different words—or the freedoms of all Americans. founders of this country. It is the ge- not contain some of those troublesome I would also like to talk for a mo- nius that has protected our liberties amendments that Americans like to ment about the independence of the ju- and our rights for well over 200 years. call the Bill of Rights. That is wrong. diciary. I have expressed my concern It is the genius of this country that It is a kind of lawlessness that each of that members of Congress have sug- will continue to protect them if we us should oppose. It is rule by the par- gested judges be impeached if they dis- allow it to. It would be a terrible dimi- liamentary equivalent of brute force. agree with the judges’ decisions. Re- nution of our rights and it would be The recently constituted Iraqi Na- publicans rushed through legislation one of the most threatening things to tional Assembly was elected in Janu- telling federal judges what to do in the our whole democracy if we were to re- ary. In April it acted pursuant to its Schiavo case, and then criticized the move the independence of our federal governing law to select a presidency judges when they acted independently, judiciary. That would do things that no council by the required vote of two- judges appointed by President Reagan, armies marched against us have ever thirds of the Assembly, a super- by former President Bush, and by been able to do. None of the turmoil, majority. That same governing law President Clinton. They were all criti- the wars, all that we’ve gone through says that it can only be amended by a cized for that, although there are still in this country has ever been able to three-quarters vote of the National As- those who are saying we should im- do. If you take away the independence sembly. Use of the ‘‘nuclear option’’ in peach the judges, or as I mentioned of our federal judiciary, then our whole the Senate is akin to Iraqis in the ma- earlier in my speech, one speaker at a constitutional fabric unravels. jority political party of the Assembly recent conference, to the cheers of I will close with one little story. One saying that they have decided to some suggested Joseph Stalin’s famous day, years ago, on the floor of this Sen- change the law to allow them to pick ‘‘No man. No problem’’ solution, be- ate, there was an attempt, in a court- only members of their party for the cause he killed those who disagreed. stripping bill, to remove jurisdiction of government and to do so by a simple I remember a group of Russian par- the Federal courts because one Senator majority vote. They might feel justi- liamentarians came to see me to talk did not like a decision they came down fied in acting contrary to law because about federal judiciary, and they with. It was decided if there had not the Kurds and the Sunni were driving a asked, ‘‘Is it true that in the United been a vote by 4 o’clock on a Friday hard bargain and because governing States the government might be a afternoon, we would not vote on it. So through consensus is not as easy as rul- party in a lawsuit and that the govern- three Senators took the floor to talk ing unilaterally. It is not supposed to ment could lose?’’ I said, ‘‘Absolutely against it—myself, former Republican be, that is why our system of govern- right.’’ They said, ‘‘People would dare Senator, Lowell Weicker of Con- ment is the world’s example. to sue the government?’’ I said, ‘‘We necticut, and one other. We spoke for If Iraqi Shiites, Sunni and Kurds can have an independent judiciary, yes, several hours, and the bill was drawn cooperate in their new government to they could.’’ They said, ‘‘Well, if the down. make democratic decisions, so can Re- government lost, you fire the judges, of Now, I do not remember what the de- publicans and Democrats in the United course?’’ I said, ‘‘No, they are an inde- cision was of the Federal court.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3775 I may have agreed with it. I may Dorgan/Durbin amendment No. 399, to pro- PROHIBITION ON TERMINATION OF EXISTING have disagreed. I did not want to see us hibit the continuation of the independent JOINT-SERVICE MULTIYEAR PRO- counsel investigation of Henry Cisneros past CUREMENT CONTRACT FOR C/KC- making the Senate into some kind of a 130J AIRCRAFT June 1, 2005 and request an accounting of supreme court that would overturn any SEC. 1122. No funds appropriated or other- costs from GAO. wise made available by this Act, or any decision we didn’t like. On the way out, Reid amendment No. 445, to achieve an ac- other Act, may be obligated or expended to the third Senator came up to Lowell celeration and expansion of efforts to recon- terminate the joint service multiyear pro- Weicker and myself and linked his arm struct and rehabilitate Iraq and to reduce curement contract for C/KC-130J aircraft in ours, and he said: We are the only the future risks to United States Armed that is in effect on the date of the enactment Forces personnel and future costs to United true conservatives on this floor be- of this Act. cause we want to protect the Constitu- States taxpayers, by ensuring that the peo- AMENDMENT NO. 418, AS MODIFIED tion and not make these changes. ple of Iraq and other nations do their fair Mr. CHAMBLISS. Mr. President, I I turned to him and I said: Senator share to secure and rebuild Iraq. send a modification to the desk and I Goldwater, you are absolutely right. Frist (for Chambliss/Kyl) amendment No. 432, to simplify the process for admitting ask unanimous consent that Senator I was glad Barry Goldwater, Lowell temporary alien agricultural workers under ALLEN be added as a cosponsor. Weicker, and I stood up for the Con- section 101(a)(15)(H)(ii)(a) of the Immigration The PRESIDING OFFICER. Without stitution, stood up for the independ- and Nationality Act, to increase access to objection, it is so ordered. ence of the Federal judiciary. It prob- such workers. The amendment is so modified. ably was unpopular to do so, but I Frist (for Craig/Kennedy) modified amend- The amendment, as modified, is as think Senator Goldwater, Senator ment No. 375, to provide for the adjustment of status of certain foreign agricultural follows: Weicker, and I all agreed it was the On page 169, between lines 8 and 9, insert workers, to amend the Immigration and Na- right thing to do. the following: I yield the floor and suggest the ab- tionality Act to reform the H–2A worker program under that Act, to provide a stable, PROHIBITION ON TERMINATION OF EXISTING sence of a quorum. legal agricultural workforce, to extend basic JOINT-SERVICE MULTIYEAR PROCUREMENT The PRESIDING OFFICER. The legal protections and better working condi- CONTRACT FOR C/KC-130J AIRCRAFT clerk will call the roll. tions to more workers. SEC. 1122. During fiscal year 2005, no funds The legislative clerk proceeded to DeWine amendment No. 340, to increase may be obligated or expended to terminate call the roll. the period of continued TRICARE coverage the joint service multiyear procurement con- Mr. CRAIG. Mr. President, I ask of children of members of the uniformed tract for C/KC-130J aircraft that is in effect unanimous consent that the order for services who die while serving on active duty on the date of the enactment of this Act. the quorum call be rescinded. for a period of more than 30 days. Mr. CHAMBLISS. Mr. President, this The PRESIDING OFFICER. Without DeWine amendment No. 342, to appropriate amendment will prohibit any fiscal $10,000,000 to provide assistance to Haiti objection, it is so ordered. year 2005 funds from being used to ter- using Child Survival and Health Programs minate the C–130J multi-year procure- f funds, $21,000,000 to provide assistance to Haiti using Economic Support Fund funds, ment contract. CONCLUSION OF MORNING and $10,000,000 to provide assistance to Haiti In hearings before this body over the BUSINESS using International Narcotics Control and past several weeks Department of De- The PRESIDING OFFICER. Morning Law Enforcement funds, to be designated as fense personnel have admitted that business is closed. an emergency requirement. when they made the decision to termi- Schumer amendment No. 451, to lower the nate this contract in December of last f burden of gasoline prices on the economy of year that they did not have all the in- the United States and circumvent the efforts formation needed to make that deci- EMERGENCY SUPPLEMENTAL of OPEC to reap windfall oil profits. APPROPRIATIONS ACT, 2005 sion. Since PBD 753 was drafted in De- Reid (for Reed/Chafee) amendment No. 452, cember 2004, we have learned that the The PRESIDING OFFICER. Under to provide for the adjustment of status of cost to terminate this contract is ap- the previous order, the hour of 2 p.m. certain nationals of Liberia to that of lawful permanent residence. proximately $1.6 billion. having arrived, the Senate will resume Also over the past several months we AMENDMENT NO. 418 consideration of H.R. 1268, which the have seen the C–130J, KC–130J, as well clerk will report. The PRESIDING OFFICER. The Sen- as C–130s operated by our coalition The assistant legislative clerk read ator from Georgia. partners in Iraq perform superbly as follows: Mr. CHAMBLISS. Mr. President, I throughout USCENTCOM. To date, C– A bill (H.R. 1268) making emergency sup- ask unanimous consent that the pend- 130Js in Iraq have flown over 400 mis- plemental appropriations for the fiscal year ing amendment be set aside be in order sions, with a mission capable rate of 93 ending September 30, 2005, to establish and that I may offer an amendment. percent and have performed all as- rapidly implement regulations for State The PRESIDING OFFICER. Without driver’s license and identification document signed missions successfully. KC–130Js security standards, to prevent terrorists objection, it is so ordered. have flown 789 hours in Iraq with mis- from abusing the asylum laws of the United Mr. CHAMBLISS. I call up amend- sion capable rates in excess of 95 per- States, to unify terrorism-related grounds ment No. 418. cent. Nevertheless, the Department of for inadmissibility and removal, to ensure The PRESIDING OFFICER. The Defense has not yet submitted the expeditious construction of the San Diego clerk will report. amended budget request for this pro- border fence, and for other purposes. The assistant legislative clerk read gram that they discussed during hear- Pending: as follows: ings. That is why this amendment is Mikulski amendment No. 387, to revise cer- The Senator from Georgia [Mr. necessary. tain requirements for H–2B employers and CHAMBLISS], for himself, Mr. ISAKSON, Mr. I am introducing this amendment to require submission of information regarding PRYOR, Mr. INHOFE, Mr. LUGAR, Mrs. DOLE, make sure that this program, which is H–2B nonimmigrants. Mrs. LINCOLN, Mr. BAYH, Mr. REED, Mr. performing extremely well and which Feinstein amendment No. 395, to express CHAFEE, and Mr. BYRD, proposes an amend- meets validated Air Force and Marine the sense of the Senate that the text of the ment numbered 418. REAL ID Act of 2005 should not be included Corps requirements, is not prematurely in the conference report. Mr. CHAMBLISS. I ask unanimous cancelled and that the Department of Bayh amendment No. 406, to protect the fi- consent that reading of the amendment Defense follows through with their nancial condition of members of the reserve be dispensed with. commitment to complete the multi- components of the Armed Forces who are or- The PRESIDING OFFICER. Without year procurement contract. dered to long-term active duty in support of objection, it is so ordered. There are some issues with the cur- a contingency operation. The amendment is as follows: rent contract being a commercial con- Durbin amendment No. 427, to require re- tract versus a traditional military con- ports on Iraqi security services. (Purpose: To prohibit the termination of the Salazar amendment No. 351, to express the existing joint-service multiyear procure- tract. My colleague, Senator MCCAIN, sense of the Senate that the earned income ment contract for C/KC-130J aircraft) and I agree that a traditional contract tax credit provides critical support to many On page 169, between lines 8 and 9, insert is more appropriate in this case and ap- military and civilian families. the following: plaud the Air Force’s decision to begin

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3776 CONGRESSIONAL RECORD — SENATE April 18, 2005 transitioning the program in that di- Idaho, there would be an ability for it easier for the farmer to demonstrate rection. However, I think we can all people not in the United States but that there are not American workers agree, that regardless of how these who would like to come here to claim available to do the jobs. We make it planes are procured, that the United they worked in the country illegally, easier, cheaper, faster, but with protec- States military needs them and they and that would give them an ability to tions for the employees. are demonstrating their value to the come here and apply for this same sta- I think all of that is why the Amer- warfighter, and to the taxpayer today. tus. So, ironically, we would be turning ican Farm Bureau Federation has en- Mr. President, I suggest the absence on a neon sign that says come here dorsed our legislation as the best way of a quorum. with documents—they could be fraudu- for them to satisfy these employment The PRESIDING OFFICER. The lent and you could have defrauded us needs. clerk will call the roll. before—and claim that you worked in The assistant legislative clerk pro- Mr. President, I will close and allow the country illegally, and we will let my colleagues the opportunity to ceeded to call the roll. you come back in again. Mr. KYL. Mr. President, I ask unani- speak. Senator CRAIG wants to disagree I don’t know how you give people an with us, and I want to give him that mous consent that the order for the advantage on the basis they violated quorum call be rescinded. opportunity. Let me allow him to de- our law. You would think you would scribe his bill, and we can have a de- The PRESIDING OFFICER. Without want to give people an advantage who bate back and forth as to which bill objection, it is so ordered. have played by the rules. That is the better satisfies our employment needs Mr. KYL. Mr. President, I think we second way in which this bill grants or requirements but doing so in a way are now ready to begin a conversation. amnesty and is not the right approach. that we can actually get a bill passed There are several colleagues here, in- As my colleague from Georgia talked and sent to the President; i.e., a bill cluding the Senators from Georgia, about, we would be changing, for the that doesn’t include amnesty. Alabama, and Idaho, we would like to first time, a law to allow the Legal discuss this issue we are going to be Services Corporation to represent these The PRESIDING OFFICER. The Sen- voting on tomorrow. Our colleagues illegal immigrants, which is something ator from Idaho is recognized. need to have a clear picture of what we we have not been willing to do in the Mr. CRAIG. Mr. President, I appre- will be voting on. past. We have to be careful because the ciate the Senator from Arizona finally There are two basic versions of legis- reason illegal immigrants are working coming to the floor with a piece of leg- lation to try to make it easier for agri- here is the current H2–A law is so cum- islation. For the last several years, I cultural employers to hire people who bersome to use, it is so subject to abuse have challenged the Senate to deal are temporary workers or who have and costs money and takes time and with what I believe, and I think most been in the United States illegally and you can be sued, and so on, that em- colleagues believe, is a very urgent can be employed under the bills pro- ployers don’t like to use it. It is just problem. Our borders, as much money posed here. There are two different ap- not worth it to them. If we are going to as we have poured into them and as proaches. One is the approach of the have a bill that is no easier to use, many new border patrolmen as we have Senator from Idaho—I will defer to him there is not going to be any advantage put along them—primarily our south- in a moment to have him discuss his over the current law and, as a result, it ern border today—are still being over- approach—and the other approach Sen- is going to be difficult for farmers to run substantially by illegal people ator CHAMBLISS and I have offered. utilize this new provision if they have crossing. There are a couple of key differences. to look over their shoulder and wonder While we have been trying, since 9/11, They both approach the problem from if the Legal Services Corporation is to understand and reform our immigra- the standpoint of broadening the way going to file a lawsuit. tion laws, there has been a great deal in which legal immigrants can come to Mr. CHAMBLISS. Will the Senator of talk, but very little done—some 1,300 the country and be employed legally in yield? days now of high-flying political talk agriculture and taking illegal immi- Mr. KYL. Yes. about the dramatic problem that we grants who are currently not working Mr. CHAMBLISS. Mr. President, I awakened to post-9/11, and that was within the legal regime, using counter- ask the Senator, doesn’t the AgJOBS that there were between 8 million to 12 feit or fraudulent documents—and, ev- bill, as well as the Chambliss-Kyl million undocumented illegal people in erybody knows, being employed ille- amendment, recognize there is a need gally—and enabling them to work for a our country—most of them here and in this country for agricultural work- working hard to help themselves and temporary period of time legally in ers to do the job that is not being done this country. their families. But it was obvious there by American workers today, and we are were a few here with the evilest intent The primary difference between the not displacing American workers? approaches is over the question of am- in mind: to destroy our country and to Mr. KYL. Mr. President, that is a destroy us, too. nesty. Regarding that, I think every- very good question. I think all of us While I accept the argument, as most body would have to admit—and dif- would agree that we cannot be dis- ferent people have different definitions placing American workers. We are cur- do, that comprehensive immigration of what amnesty is—everybody would rently not doing that today. There is a reform is critical, right now we have a have to agree, if there is a difference in need for these employees, and it is real- critical situation in front of us as it re- how you can become a legal, perma- ly a question of which approach is the lates to agriculture. Starting about 5 nent resident in this country or a cit- better one, to ensure we can match a years ago, and before 9/11, American izen, you would have to agree, if some- willing worker with a willing employer agriculture was attempting to get the one is granted an advantage over an without granting amnesty. Congress to look at their plight. The applicant for legal permanent resi- Mr. CHAMBLISS. Would the Senator plight was obvious and simple—and dency or citizenship status in another from Arizona yield for another ques- criticize it if you will—but the reality country, if they are given an advantage tion? was that 50 to 70 percent of their work- because they came here illegally and Mr. KYL. Yes. force was undocumented, and the law counterfeited documents to get em- Mr. CHAMBLISS. Does the Cham- we had given them, as the Senator ployment and worked here illegally, to bliss-Kyl amendment not take the cur- from Arizona has so clearly spoken to, give them an advantage over people rent H2–A program, which is very cum- was so cumbersome, costly, and so un- who are seeking to come here legally is bersome and requires a lot of paper- timely—and the key to timeliness is giving them an advantage that would work and requires the adverse effect when the crop is in the field and ripe, amount to amnesty. You should not be wage rate to be paid, and streamline it has to come out or it rots—that able to use, in other words, your illegal that program to where it is more easily American agriculture could not depend status to bootstrap yourself into a po- usable by farmers who now simply on it. The workforce who was seeking sition of legal, permanent residency or don’t use it because it is cumbersome? the work in American agriculture citizenship. Does it alleviate some of the problems? began to recognize it. If you will, the I pointed out before, under the bill of Mr. KYL. Yes. We change the wage black market or the illegal processes the Senators from Massachusetts and rate to the prevailing wage. We make began.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3777 It should not be a surprise to any of of American agriculture today. What Mexico to San Diego. And even then, us that when government stands in the we also agree on—symbolic by their those folks have to sleep. way of commerce, stands in the way of presence on the floor today, debating The reality is, we have to get the law an economy, usually people find a way the issue and offering an alternative— right, and the law has been wrong for a around it. Tragically enough, it hap- is that we cannot build the wall high great long while. In the absence of a pened. But, by definition, it was an il- enough along our southern border, we functioning, reasonable law, we have legal way. cannot dig its foundation deep enough set up for our country a human dis- Last year, in our country, there were to close that border off, that it requires aster. Not only do we have an uncon- 2 months in which we were a net im- good, clear, simple, understandable, trolled illegal population in our coun- porter of food. This year, it is functioning law, not unlike the old try, but because they have no rights, guesstimated it could be in as many as Bracero Program of the 1950s when we because of the way they are treated, it 6 months that we will be a net im- had a guest worker program, when we is not unusual in the course of a given porter of food, and that will be the first identified the worker with the work, year to see 200 or 300 lose their lives time, in the history of American agri- and they came, they worked, and they along the southern border of our coun- culture, that becomes the situation. So went home. try, to see our emergency rooms in why we are here on the floor today de- Up until that time, illegal immigra- Texas, Arizona, New Mexico, and Cali- bating a piece of a much broader over- tion was astronomically high. It fornia flooded, to see the very culture all immigration problem is because it dropped precipitously during that pe- and the very character and foundation is urgent, it is important we deal with riod of time when we were identifying of our country at risk because we do it, and we deal with it now as thought- and being able to work about 500,000 not control process, we do not control fully and as thoroughly as we can. That workers who were foreign national in immigration, and we do not do so in an is why I insisted that the Senate come American agriculture. It was a law upright, legal, and responsible way. to this issue. that worked. We are here. We are going to debate I am glad my colleagues have come Then somehow, in the sixties, Con- this for a time, and there will be much up with an alternative. I think the progress got it all wrong again. Why? Be- more debate tomorrow. We will have visions in it are quickly thought up. cause they thought they were pro- some key votes to see whether we pro- They were criticizing my bill earlier tecting an American workforce. But ceed to deal with the bill that I call because I offered a temporary visa. what the AFL–CIO found out and why AgJOBS and that 509 organizations They offer a visa. They offered it for 3 they support my legislation is that across the country that have worked years—3 years—as many as 9 years. there are unique types of employment with us for the last 5 to 6 years call What I am glad to hear said, for those in this country with which the Amer- AgJOBS. It is a major reform in the H– who argue what we were doing was an ican workforce will not identify. 2A law. It is a simplification. It is a amnesty issue, is that it is no longer I am pleased to hear that the clearer understanding. It is a reason- viewed as that, that we recognize there Chambliss-Kyl bill, along with mine, able process: The blue card, if you will, is a legitimate need for an American provides a first-hire American ap- or the green card that is acceptable, agricultural workforce, and it is criti- proach. We create a labor pool. The em- normal, and understandable and pro- cally necessary we make it a legal ployer must first go there, but if that vided in a temporary and earned way, workforce for the sake of our country, workforce is not available, they do not as my bill does, is simply a point in for the sake of our borders, and for the have to languish there because, in es- transition, and it ought to be viewed as sake of American agriculture. sence, they have a crop to harvest, and that. That is what this debate will be all the crop is time sensitive. We under- You will hear the rhetoric that it about in the next several hours and to- stand all of that. will allow millions of people to become morrow morning before we vote on this I will get to the detail of my bill over legal. The Bureau of Labor Statistics, issue. Both sides have accepted a rath- the course of the afternoon and tomor- the Department of Labor, does not er unusual procedure, Mr. President—a row. This is a bill that for 5 years has agree with that at all. The Department supermajority procedure. Why? Well, been worked out between now over 509 of Labor says there are about 500,000 we are germane to this supplemental organizations. It is interesting that the who they think will responsibly and le- bill because of what the House did ear- Farm Bureau supports the Kyl- gitimately come forward, and of that, lier with a Sensenbrenner amendment Chambliss approach, but they do not there may be dependence of around dealing with what is known as REAL oppose my approach. And last year 200,000 that are already in this country ID. It dealt with immigration and, as a they supported my approach. In other because that workforce has been here 5 result of dealing with immigration in words, they are as frustrated as all of or 6 years or more, for that matter. So the House, we were legitimized to do us are about this very real problem of those numbers are reasonable and real- so, in a germane way, in the Senate. immigration. First they are here and istic, and that is a moment in time, a We will do that. then they are there. What is most im- transition as we create a law and allow At the same time, we all understand portant is that we are here on the floor American agriculture to work their that in legislative procedures, on clo- of the Senate this afternoon talking way into a functioning realistic H–2A ture 60 votes are required. We have about an issue on which this Senate program that is timely, that is sen- agreed to do so. Tomorrow, we will has been absent way too long. sitive, that meets their workforce vote—first on the Chambliss-Kyl What the Senator from Arizona, the needs, and recognizes the value and the amendment and then on the Craig Senator from Georgia, and I and others production of American agriculture. amendment. It will require 60 votes to who will be on the floor—I see my If we do not correct this law and cor- proceed. Whether we succeed or fail— prime cosponsor Senator KENNEDY is rect it now, Americans have a choice and I think I can succeed—what is on the floor—believe is that this is an because we already decided years ago, most important is that the American issue whose time is coming, and we be- based on the character of the work, people are beginning to hear just a lit- lieve for agriculture it is now because that most Americans would not do it. tle bit about what they have deserved it is critical and it is necessary. We are They had better jobs and alternative to hear for the last 1,300 days, since learning at this moment that as much jobs. So American agriculture began to 9/11 awakened us all to the dysfunc- money as we throw at the border, as rely on a foreign workforce. tional character and the lack of en- many Border Patrol men as we hire, if I say this most directly, and I mean forcement of immigration law that has the law on the other side does not back it most sincerely. Either foreign work- been going on for well over two dec- them up, if the law on the other side ers will harvest America’s agricultural ades. It was so typical of a Congress does not create a reasonable pathway produce for America’s consumers or that wanted to talk a lot about it but forward for a workforce to be legal and foreign workers will harvest agri- do very little about it. a workforce that is necessary in this culture in another country to be The Senator from Arizona and I and country, then you cannot put them shipped to American consumers. Ask the Senator from Georgia, without along the border unless they are arm an American today what they want. question, agree on the critical nature length to arm length from the Gulf of They want a safe food supply. They

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3778 CONGRESSIONAL RECORD — SENATE April 18, 2005 want an abundant food supply. They this issue today, and because the chair- then two for the Senator’s side, 15 min- hope it would be reasonably priced. But man of the Appropriations Committee utes each, and then I be recognized. most assuredly, they want to know is on the floor managing the supple- Mr. CRAIG. Will the Senator yield? that it is safe and it is reliable. The mental and may have other amend- Mr. KYL. I am happy to have my only way to guarantee that is that it ments he wants to deal with, I would unanimous consent request amended be harvested in this country, as it has hope we can rely on the Chair for mov- along the lines of what the Senator been from the beginning history of our ing us back and forth in a balanced from Massachusetts said. great country. It was not for 2 months way from side to side before we look at Mr. CRAIG. It is clear anybody com- last year and possibly not for 6 months a structured way to proceed. I have dif- ing to the floor to offer amendments to this year. ficulty with that. the supplemental would have that We have a choice to make. We either Mr. SESSIONS. Mr. President, I join right. create a legal workforce, a workforce the Senator from Arizona in his re- Mr. KYL. They could ask unanimous that is identifiable, or we keep stum- quest. I think it is important if we are consent to intervene, and obviously it bling down this road that no American to spend most of the afternoon on the will be granted. wants us to go down, and that is to not issue. If we could work out an orderly Mr. CRAIG. I thank the Senator. control our borders, to not identify the arrangement, that would be good. Mr. KYL. Let me propound the unan- foreign nationals within our borders, Mr. KYL. Let me propose this unani- imous consent request again, if I can. I and to not have a reasonable, legal, and mous consent, Mr. President, if I may. ask unanimous consent that in 15- timely process. That is what the debate The Senator from Oregon is speaking minute blocks of time Senator WYDEN is all about. right now. I ask unanimous consent proceed without any of this time com- I am pleased to see the other side, that after the Senator from Oregon is ing off his, there then be two 15-minute having been in opposition for so long, finished, so there would have been two blocks for the Senator from Alabama finally say, Whoa, I think maybe we Members speaking on behalf of the leg- and the Senator from Georgia, followed ought to try to get this right. We dis- islation of the Senator from Idaho, by a 15-minute block for the Senator agree on process, we disagree on their that at that point, the debate next go from Massachusetts, but in the mean- approach, but there is similarity in back and forth between proponents of time, Senator BINGAMAN be able to many instances on reform of the H–2A the Chambliss-Kyl amendment and offer his amendments. program. We will work over the course then back to Kennedy-Craig, and any- The PRESIDING OFFICER. Without of this afternoon, evening, and tomor- one offering an amendment can obvi- objection, it is so ordered. row to break all those differences out ously seek to ask unanimous consent The Senator from Oregon. so all of our Senators can see these dif- to lay the pending business aside, but Mr. WYDEN. Mr. President, a references and sense the importance of in the meantime the debate on these markable coalition of agricultural em- what we debate. two provisions that will both be voted ployers and farm workers has come to- There are many others who have upon tomorrow proceed with speakers gether behind the Craig-Kennedy come to the floor to discuss this legis- on either side rotating. amendment. I commend them for all of lation this afternoon. I yield the floor The PRESIDING OFFICER. Is there their efforts. I simply wanted to spend so the debate can proceed. objection? The Senator from Massachu- a few minutes and talk about a bit of The PRESIDING OFFICER. The Sen- setts. lineage behind this whole effort. ator from Oregon. Mr. KENNEDY. Mr. President, I see To some extent, this began on the Mr. WYDEN. Mr. President, I rise in my friend from New Mexico who was afternoon of July 23, 1998, when I had strong support of the proposal offered here before I was here. Let him pro- the opportunity to join with my friend by Senators CRAIG and KENNEDY. I see ceed. and colleague Senator Gordon Smith Senator KENNEDY on the floor and Sen- The PRESIDING OFFICER. The Sen- and we offered an amendment to over- ator CRAIG on the floor. Their work is ator from New Mexico. haul this program. It was, in fact, enti- a testament to their persistence and Mr. BINGAMAN. Mr. President, I tled the AgJOBS amendment. It had the staying power of a handful of agri- have two amendments to offer, and it the strong support of Senator CRAIG at cultural workers and employers who will take a total of about 3 minutes. I that time. We received 68 votes for that have been willing to set aside ideology do not expect votes on them today, of legislation. I think it was an indication and partisanship to hammer out a course, but I would like a chance to then, as we see today, how the system major overhaul of our law in this area. very briefly offer them, and then have works for no one. Mr. KYL. Mr. President, will the Sen- them set aside, if I can do that after To a great extent, we see so many ator from Oregon yield for a procedural the Senator from Oregon concludes his who feel we have lost control of our question? remarks and before the rest of the de- borders. The system surely does not Mr. WYDEN. Yes. bate continues. work for the honest agricultural em- The PRESIDING OFFICER. The Sen- Mr. KYL. That is accommodated in ployer, and the vast majority certainly ator from Arizona. the unanimous consent request which I meet that test, and for many farm Mr. KYL. Mr. President, I ask the proposed. workers who work hard and contribute Senator from Oregon, we have the Sen- The PRESIDING OFFICER. The Sen- every single day. The system simply ator from Massachusetts here, and the ator from Massachusetts. does not work for anyone. So what Senator from Alabama has been here, Mr. KENNEDY. Reserving the right Senator SMITH and I tried to do that as has the Senator from Georgia been to object, I welcome the opportunity to July day in 1998 was to begin to address on the floor when there was no one else work this out. Can we perhaps get the foundation of a sensible immigra- present. I wonder if we can get some some time understanding as well? The tion policy based on the proposition general agreement of going back and Senator from Oregon mentioned he will that what we have been doing does not forth between proponents or opponents probably need 15 minutes. Could we get work for anybody. It does not work for or proponents of the two separate bills some kind of understanding about the our country. so the Chair has some idea of order and length of time? Generally we go from We live under a contradiction every the debate participants do as well. Republican to Democrat. Now we are day with respect to immigration. We I offer this as a suggestion. I have looking at going from proponents to say we are against illegal immigration. not proposed a unanimous consent re- opponents. I do not mind that, but if One can hear that in every coffee shop quest, but perhaps some of the staff we can limit this to 15 minutes each— in the United States. Then we look the can work this out while the Senator I see we have a number of people— other way so as to deal with agri- from Oregon is speaking. would that be agreeable? So we would culture or perhaps motels, hotels, res- Mr. CRAIG. Will the Senator yield? go to Senator WYDEN, and because the taurants, and a variety of other estab- Mr. KYL. Yes. Senator from Arizona has been so per- lishments. We have to resolve that con- Mr. CRAIG. Because our debate time, suasive, we will hear two on his side, tradiction. We ought to resolve it by as I understand it, is actually tomor- and maybe Senator BINGAMAN can be making the kind of start the Craig- row, and I think we will go off and on recognized after Senator WYDEN, and Kennedy legislation does by saying we

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3779 are going to put our focus on legal embodied in a number of aspects in this AMENDMENT NO. 483 workers who are here in compliance amendment. Employers are required to Mr. BINGAMAN. Mr. President, I ask with the law. That is what we sought provide actual employment to the unanimous consent to set that aside so to do that July day in 1998, requiring worker, a living wage and proof of that I can call up an amendment numbered the growers to hire U.S. farmworkers employment so the worker can move 483. first before they could seek alien work- freely between jobs. The employee is The PRESIDING OFFICER. Without ers. Then we took steps to try to en- required to show proof of legal tem- objection, it is so ordered. The clerk sure a measure of justice that would be porary worker status in the United will report. required in our legislation for the mi- States to the employer before becom- The assistant legislative clerk read grant farmworkers by providing em- ing employed. Each party shoulders the as follows: ployment, housing, transportation, and burden of ensuring their documenta- The Senator from New Mexico [Mr. BINGA- other benefits, access to Head Start. I tion is legal. That is the way we said it MAN] proposes an amendment numbered 483. think Senator KENNEDY remembers ought to be in 1998. That is the way it Mr. BINGAMAN. I ask unanimous this well from 1998. One would have is in the Craig-Kennedy proposal. consent the reading of the amendment thought Western civilization was going Third, I have always maintained and be dispensed with. to end when that amendment offered still maintain that a farmer using the The PRESIDING OFFICER. Without by Oregon’s two Senators got 68 votes H–2A program should not be able to objection, it is so ordered. in the Senate. I think it was an indica- misuse it to displace U.S. agricultural The amendment is as follows: tion of how the animosity and fear that workers or make U.S. workers worse (Purpose: To increase the appropriation to off. The language before us today Federal courts by $5,000,000 to cover in- has surrounded this issue has envel- creased immigration-related filings in the oped the whole debate over the last few meets that test by ensuring that H–2A southwestern United States) years, and that is why I commend Sen- workers must be paid the same wage as On page 202, strike line 24, and insert ator CRAIG and Senator KENNEDY for the American worker. There is no in- ‘‘$65,000,000, to remain available until Sep- the thoughtful way they have worked centive to seek a guest worker because tember 30, 2006, of which $5,000,000 shall be since 1998 in order to build a coalition there is no opportunity to indenture made available for costs associated with infor this idea and to refine what the that worker by paying lower wages or creases in immigration-related filings in dis- Senate voted for in 1998. not providing enough work. trict courts near the southwestern border of For example, in 1999, the National Fourth, and perhaps most important, the United States:’’. Council of Agricultural Employers, the we said then and it is clear in this Mr. BINGAMAN. Mr. President, this employer group that helped start the amendment as well that any program amendment would provide an addi- process that led to the first AgJOBS must not encourage the illegal immi- tional $5 million for the U.S. district bill of 1998, started reaching out di- gration of workers. This bill addresses courts along our southwest border with rectly to the Hispanic community rep- that by requiring agricultural workers Mexico. Due to the increased immigra- resenting agricultural workers, as well to show they are legally in the United tion enforcement efforts along that as churches and community groups. A States in order to collect the benefits border, southwest border courts have dialog was begun then about how re- available under this program, such as seen an extraordinary increase in im- form could benefit everyone. housing, transportation, and the civil migration-related filings. This amend- In 2000, people from the agricultural right to sue their employers for back ment would help border courts cover employer community and those rep- wages or for wrongful dismissal. those expenses as we continue allo- resenting the farmworkers started So the goal of this legislation is to cating resources to secure our Nation’s talking more publicly about some of take out some of the uncertainty and borders. the issues that were particularly con- the lack of predictability that has been Since 1995, immigration cases in the tentious. All of a sudden, there was an in this program, and that uncertainty five southwest border districts—that extended and thoughtful debate among would be removed for both growers and is, the District of Arizona, District of people who were avowed enemies with workers. New Mexico, Southern District of Cali- respect to the topic of H–2A reform. Certainly my State has a great inter- fornia, and the Southern and Western Those people who had fought each est in agriculture. There are certainly Districts of Texas—have grown ap- other so bitterly began to come to- billions of dollars of direct economic proximately 828 percent. In 2003, over- gether and form a coalition that is be- output in this sector and there is a all immigration filings in all U.S. dis- hind the Craig-Kennedy amendment need to enact H–2A programs for my trict courts surged 22 percent. In 2004, today. State, where we feel we do a lot of they jumped 11 percent. Of those cases, In 1996, I formulated certain beliefs things well, but what we do best is we 69 percent of them came from these with respect to this issue that still grow things, and the need for enacting five districts I have listed. hold true today. First, I believe willing this program is as great today as it was In recent years, Congress has appro- and able American workers always in 1998. Both sides in this debate are priated millions of dollars to hire addi- should be given a chance to fulfill the going to continue to have their dif- tional Border Patrol officers. Obvi- needs of employers seeking agricul- ferences, and my guess is, as the Sen- ously, the more Border Patrol officers tural labor. This was addressed in 1998 ator from Idaho knows, there are prob- you have, the more cases you have and it remains in the language before ably some residual and historical coming into the Federal district the Senate today. The amendment of- grudges. This Craig-Kennedy proposal courts. We need to recognize this. We fered by Senator CRAIG and Senator shows that in a very contentious area need to recognize the enormous impact KENNEDY requires employers seeking to that has been gridlocked in the Senate this is having on our courts in this part use the H–2A program to first offer the since a July date in 1998, we can still of the country. job to any eligible U.S. worker who ap- find a creative process that brings peo- This amendment would add an addi- plies and who is equally or better ple together to solve mutual problems. tional $5 million to southwest border qualified for the job, and then issue no- I hope my colleagues will support courts to the existing $60 million that tice to local and State employment this historic effort. I look forward to is currently allocated under the supple- agencies, farmworkers organizations, working with Senators on both sides of mental to cover expenses related to re- and also through advertising. the aisle on this matter. cent Supreme Court decisions and the We also said back then we wanted to I yield the floor. class action bill. The Administrative have recommendations for a more The PRESIDING OFFICER. The Sen- Office of the Courts should be free to straightforward, less cumbersome, less ator from New Mexico. allocate the funds as it deems nec- unwieldy process to address the short- Mr. BINGAMAN. Mr. President, what essary among the various courts. I age of primary foreign workers. is the pending business? Is there an hope my colleagues will support that I commend Senator CRAIG and Sen- amendment pending? amendment. ator KENNEDY because what we had The PRESIDING OFFICER. The AMENDMENT NO. 417 been concerned about then—the need pending amendment is the Chambliss At this point I ask that amendment for simplicity and certainty—is now amendment. be set aside, and I call up amendment

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3780 CONGRESSIONAL RECORD — SENATE April 18, 2005 No. 417, the Grassley-Baucus amend- curity. I hope my colleagues will sup- islation. Every one of us in this body ment. port the amendment. knows that immigration is a matter of The PRESIDING OFFICER. Without I ask that amendment be set aside great importance to our country and objection, it is so ordered. The clerk and the earlier amendment by Senator one that we must handle carefully and will report the amendment. CHAMBLISS be brought up again. properly. After the complete failure of The assistant legislative clerk read The PRESIDING OFFICER. Without the 1986 amnesty effort, surely we as follows: objection, it is so ordered. know we must do better this time. The Senator from New Mexico [Mr. BINGA- AMENDMENT NO. 483 Let me state this clearly. I believe MAN], for Mr. GRASSLEY, for himself, Mr. Mr. BINGAMAN. I yield the floor. we can improve our laws regarding how BAUCUS, and Mr. BINGAMAN, proposes an Mr. SESSIONS. Mr. President, I do people enter our country, how they amendment numbered 417. not see Senator CHAMBLISS, but I would work here, and how they become citi- Mr. BINGAMAN. I ask unanimous like to enter into a discussion. We will zens in this country, and we should do consent the reading of the amendment be voting tomorrow on the AgJOBS bill so. We absolutely can do that. Many be dispensed with. and the Kyl-Chambliss bill, and maybe fine applicants are not being accepted, The PRESIDING OFFICER. Without other bills—the Mikulski bill and who applicants who could enrich our Na- objection, it is so ordered. knows what else—in the next few days tion. The amendment is as follows: as we are debating the emergency sup- Further, as a prosecutor of 15 years, (Purpose: To provide emergency funding to plemental. These are amendments filed a Federal prosecutor for almost that the Office of the United States Trade Rep- to the emergency supplemental, legis- long, without hesitation I want to say resentative) lation to provide funding for our mag- this: If we improve our fundamental On page 200, between lines 13 and 14, insert nificent soldiers who are ably serving immigration laws and policies, and if the following: our country in harm’s way to carry out at the same time we work to create an OFFICE OF THE UNITED STATES TRADE REP- a national policy that we sent them to effective enforcement system, then we RESENTATIVE carry out. can absolutely eliminate this uncon- For an additional amount for necessary ex- We have been told that since the scionable lawlessness that is now oc- penses of the Office of the United States House of Representatives, when they Trade Representative, $2,000,000, to remain curring in our country and improve im- passed their emergency supplemental, migration policies across the board, available until expended: Provided, That the added several provisions to enhance entire amount is designated as an emergency serving our national interests and requirement pursuant to section 402 of the our border security, recommendations being certainly more sensitive to the conference report to accompany S. Con. Res. that were in substance made by the 9/ legitimate interests of those who would 95 (108th Congress). 11 Commission to provide greater pro- like to come here, live here, work here, Mr. BINGAMAN. Mr. President, this tection to our country against attacks or even become citizens. is an amendment I am offering on be- by terrorists, such action by the House Any such legislation we pass should, half of Senator GRASSLEY and Senator has opened the door to any immigra- in addition, protect our national secu- BAUCUS and myself. It would provide an tion language and bill that we want to rity. Of course, we need to keep an eye additional $2 million in funding to the offer, that any Member may favor, to on our national security—Have we for- Office of the U.S. Trade Representative be added right onto a supplemental for gotten that? Surely not—and allow infor the balance of the current fiscal our soldiers. There is a tremendous dif- creased approval for technically ad- year. The reasons for the amendment ference between those provisions, in vanced, educated and skilled persons are straightforward. As many of us my view. The Sensenbrenner language and students, as well as farm labor. have heard, because of the lack of fund- in the House bill is narrow, based on More importantly, under no cir- ing, the Office of the Trade Representa- recommendations of the 9/11 Commis- cumstances should we pass bad legislative has been forced to eliminate a sub- sion, related to our national defense tion that will further erode the rule of stantial portion of its foreign travel. It and should have broad-based support. I law, that will make the current situa- has placed a freeze on all its hiring. It hope it does. The President supports it. tion worse and will violate important is essentially no longer able to do the The AgJOBS bill, however, is con- principles that are essential for an ef- job we are requiring it to do. troversial. It deals with a very large fective national immigration policy. In my opinion, the U.S. Trade Rep- and complex subject that affects our Some will say, Well, Jeff, it is time resentative’s Office is chronically un- economy and our legal system in a sig- to do something, even if it is not per- derfunded and understaffed as it is. It nificant way. We absolutely should not fect. My direct answer to that is it is is the principal agency in charge of ne- be attempting to slip such legislation past time to pass laws that improve gotiating and enforcing our trade of such great importance, and on which the ability of our country to protect agreements, and it certainly deserves our country is so divided, onto the our security from those who would do our support, particularly in this time emergency defense supplemental. us harm. That is our duty. But we sim- of unprecedented trade imbalances. Let me speak frankly on the issue. ply are not ready to legislate com- We talk a lot about holding our part- There is no legislative or national con- prehensively on the complex issue of ners to their obligations in trade agree- sensus about how to fix our immigra- immigration. ments. We talk about protecting U.S. tion system. I serve on the sub- We have not come close to com- jobs. Unfortunately, we have not dedi- committee on immigration of the Sen- pleting our hearings in the appropriate cated a proper amount of resources to ate Judiciary Committee. We have subcommittees and the Judiciary Com- this effort. been having a series of important hear- mittee. This fiscal year, the Trade Rep- ings on this subject. Our chairman, More importantly still, time or not, resentative’s Office has faced unex- Senator JOHN CORNYN, has been work- we must not pass bad legislation. The pected additional constraints as a re- ing very hard and providing sound lead- Nation tried amnesty for farmworkers sult of the WTO Ministerial, travel re- ership, but our subcommittee and the in 1986 and few would deny it was a lated to enforcement, the need for full Judiciary Committee and this Sen- failure. That legislation, the Immigra- more staff to pursue congressionally ate are nowhere near ready to develop tion Reform and Control Act, estab- mandated enforcement actions, and a comprehensive immigration proposal. lished within it section 304. The Com- substantial fluctuations in the ex- This is made clear when we see that a mission’s duty was, after the act had change rate, almost all of which fluc- number of outstanding Senators who been in effect for some time, to study tuations, I would point out, have been worked on immigration over the its impact on the American farming in- adverse to the dollar. years—such as Senator KYL, Senator dustry. The Commission issued its re- This amendment will provide the DIANNE FEINSTEIN, Senator SAXBY port and found, in every area, farm Trade Representative’s Office with the CHAMBLISS—are working on legislation, labor problems had not been improved emergency funding needed to get also. and as many as 70 percent of the appli- through this fiscal year. It is an invest- Surely no one can say this AgJOBS cations for amnesty were fraudulent. ment well worth making. It will add to bill that really kicked off this debate is I wish that weren’t so. I wish we U.S. competitiveness and economic se- not a colossally important piece of leg- could pass laws that people conjure up

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3781 which would solve the complex prob- discussing Amnesty III for agricultural If they become a permanent resident lems and it will all just work like we farmworkers before this decade is out. citizen, they can call for their family, think it might. I am sure those people, This is plainly obvious to anyone who who may be out of the country. A fam- in 1986, heard the exact same argument would look at our current system. ily who never had any thought to come we are hearing today why this kind of By all means, this Nation should not, to this country is allowed to come in legislation is so critical. They tried it. in response to this current failure, pass free. All of them are put on a guaran- But they put in a commission to study a bill like what has been offered which teed track for citizenship. it. basically says our current system has Indeed, if they have already left the The Commission was clear. The Com- failed and we intend to give up and do country not intending to return, but mission said: nothing to fix it. It says we have failed, did work 575 hours in 18 months before In retrospect, the concept of worker spe- our system is not working so we are that period, or if they are willing to cific and industry specific legislation was just going to quit trying and let every- say they did—true or not—they get to fundamentally flawed. body stay in. The American people are come back in and bring their families That is exactly what the AgJOBS bill not going to be happy if they learn with them. Maybe a person here never is, industry and worker specific. In- that is what we are about here. They intended to bring their family, but deed, it is the same industry and the surely will learn about it sooner or faced with this offer, they bring them same workers—agriculture—that the later. in. 1986 sponsors said would be fixed by Polls show huge majorities, upwards I am not sure we know how broad their bill. It was an amnesty to end all of 80 percent, want a lawful system of this bill is, how dangerous this lan- amnesty. That is what they said. Now immigration. Why are we resistant to guage is. we are at it again in the same way. that? I have a host of specific complaints Later, in 1997, former Congress- It has been amazing to me, anytime a about the provisions within the stat- woman Barbara Jordan, an African- piece of legislation is offered that ute. I will talk about them later today American leader of national renown, might actually work to tighten up the or tomorrow. was authorized, by a 1990 immigration loopholes we have, it is steadfastly op- I yield the floor. law, to chair a commission. The Com- posed and seems never to become law. The PRESIDING OFFICER. The Sen- mission reported to President Clinton I feel very strongly about this. If it is ator from Georgia. on the status of existing immigration not amnesty, I don’t know what am- Mr. CHAMBLISS. Mr. President, I law. The Jordan Commission found nesty is. concur in about everything my friend that the guest worker programs do not This bill will bestow legal status and from Alabama has said. Initially, he ‘‘reduce unauthorized migration. To a guaranteed pass to citizenship for made a comment relative to debating the contrary, research consistently over a million individuals, perhaps 3 immigration law on a Defense supple- shows that they tend to encourage and million, perhaps even more. mental bill where we are trying to pro- exacerbate illegal movements by set- The Commissioners who studied the vide funds for our men and women who ting up labor recruitment and family last bill all agreed the number that ac- are serving so bravely overseas today. I networks that persist long after the tually obtained amnesty was far great- concur in that. guest programs end.’’ er than anticipated. I had hoped we would have an expan- The Commission further concluded In addition, it makes no provision sive debate on this very sensitive and that what was needed was an immigra- whatsoever for commensurate improve- complicated issue. I know my friend, tion system that had integrity where ment of law enforcement. the Senator from Idaho, feels exactly laws were enforced, including employer It hurts me, as somebody who spent as I do on this, but unfortunately we sanctions. I will quote from their re- most of my professional life trying to have been dictated to by the rules of port. They stated: enforce laws passed by Congress, to see the Senate relative to this issue. That Illegal immigration must be curtailed. us undermine the ability of our system is why we have both of these amend- This should be accomplished with more ef- to actually work. ments up for discussion today. fective border controls, better internal ap- The passage of this legislation will be The Senator from Alabama is exactly prehension mechanisms, and enhanced en- the equivalent of placing a neon sign right. He is also right on one other forcement of employer sanctions. The U.S. on our border that says: Yes, we have thing. There are two amendments we Government should also develop a better em- laws but we welcome you to try to ployment eligibility and identification sys- are debating, AgJOBS, filed by the tem, including a fraud-proof work authoriza- sneak into our country, and if you are Senator from Idaho and Senator KEN- tion document for all persons legally author- successful, we will reward you, as we NEDY from Massachusetts, and the ized to work in the United States so that em- have done twice before, with perma- Chambliss-Kyl amendment. Both of ployer sanctions can more effectively deter nent residency and a step onto citizen- these amendments recognize, as the the employment of unauthorized workers. ship. Senator from Alabama said, we have a Our enforcement efforts remind me Under this legislation, if a person has problem. We have a problem in the ag- of the man who builds an 8-foot ladder worked within 18 months, 575 hours or riculture community relative to pro- to try to reach across a 10-foot chasm. 100 workdays—and a workday is de- viding our farmers all across America a While he may have been close, close fined in the act as working 1 hour— stable, secure, and lawful pool from doesn’t count in such an event. He is then for 100 hours within 18 months, which to choose for their labor needs. heading for disaster. they are eligible to apply for a tem- We can argue over how many hun- We are not as far away as most peo- porary resident status even though dreds of thousands or how many mil- ple think from an effective enforce- they are here plainly and utterly ille- lions of individuals are illegally in this ment mechanism. It is absolutely not gally. They do not have to go home and country today working on our farms. hopeless for this country to gain con- make another application; they simply The Senator from Idaho said the De- trol of its borders, especially with the apply for this. In addition, they become partment of Labor says there will only new technology we have today—bio- a temporary resident. be a few hundred thousand who will try metrics and that kind of thing. We are It then provides they can ask for per- to take advantage of this. I don’t think spending billions of dollars, but we are manent resident status and that the that is right. I don’t have a lot of faith spending that money very unwisely. Secretary of Homeland Security shall in the numbers coming out of some of The solution to our immigration situa- grant them this permanent resident the studies that have been done. tion is to review the procedures by status if they work 2,000 hours in a 6- For example, there was a study by which people come to our country, and year period. That is about 1 year of GAO a couple of years ago which said the procedures by which people become work period. Then they apply for a per- there were some 600,000 farmworkers in citizens, and to then steadfastly plan a manent resident status. In 5 years, if the United States today who are here method that will work to enforce those they have not been convicted of a fel- illegally. In my State, there are hun- rules. Without that enforcement, no ony or have not been convicted of three dreds of thousands of illegal aliens who matter what changes we make in our misdemeanors, the Secretary shall con- are working in agriculture as well as current law, we will be right back here fer citizenship on them if they apply. working in other industries today.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3782 CONGRESSIONAL RECORD — SENATE April 18, 2005 Those who are working in other indus- 31, 2004. Mr. President, 575 hours is 14.3 casions following that first application. tries probably started out working in weeks of labor if they work 40 hours, or Technically, they could stay here for 9 agriculture. That is 1 out of 50 States. 71.8 days, or approximately 31⁄2 months. years, if they continue to be law abid- Our number is dwarfed by Texas, New An alien can get immigration status ing and if their employer makes the Mexico, Arizona, California, by those after working only 31⁄2 months of full- proper attestation that says he needs States that are on the border with our time employment. them, that they have been important friends to the South in Mexico, where Under Senate bill 359, section 2, para- to the economy of this country, and thousands of illegal aliens are crossing graph 7, a workday means a day in they are not displacing American the border every day. which an individual has worked as lit- workers. It is significantly different However, we do recognize there is a tle as 1 hour. So 100 workdays can from actually the legal status given certain number—and it is not material amount to, literally, 1 hour per day for after 31⁄2 months under the AgJOBS as to what that number is—but the fact 100 straight days which would amount bill. is we agree there are hundreds of thou- to 21⁄2 weeks. That may not be the prac- Where does the AgJOBS bill move sands or millions of folks here ille- ticality of this, but in actuality, that this individual relative to the pathway gally. is what the bill says. to citizenship? What current immigra- The basic difference between the Sen- Coming from a very heavy agri- tion law says is for somebody who is ator CRAIG and Senator KENNEDY culture area, as I do, these people for here legally, if they work for 2,060 AgJOBS amendment and the the most part who are here working in hours under the AgJOBS bill, at the Chambliss-Kyl amendment is this: agriculture are here for the reason end of that 1 year, which is approxi- Which direction do we want to go with they want to improve the quality of mately 2,060 hours of work, they can regard to identifying those folks here life for themselves as well as their fam- apply for a green card, and they are illegally? Do we want to reward those ilies. They are basically law-abiding going to be given preferential treat- folks here illegally, as the AgJOBS people who are simply hard workers ment in getting that green card. amendment proposes to do, or do we and are here because they have that What current immigration law says want to identify those people and those opportunity to better themselves in is anybody who has maintained a green who are here illegally who are making this country versus their native coun- card for 5 years can apply for citizen- a valuable contribution to the economy try. ship. That is the pathway to citizen- of the United States and who, most sig- But still, are we going to recognize ship that is being granted to folks who nificantly, are not displacing American those folks for what they are—and that are in this country illegally today, who workers—and I emphasize that—and is an illegal alien—or are we going to can have broken the law in this coun- who have not broken the law in this grant them this legal status after being try today, not once, not twice, but country? Do we want to make an ac- here for 31⁄2 months? three times, and still be looked at as commodation for those folks so they I do not think the American people somebody who is given preferential can continue to contribute to the econ- ever intended for the Constitution of treatment over those individuals who omy of the United States by virtue of the United States, and for us operating are outside of this country who want to working in the agriculture commu- under that Constitution, to grant legal become citizens of the United States, nity? status to anybody who breaks the law, who want to come here legally and do We both agree we ought to regulate to come into this country, and who it the right way. these folks. The difference is the Craig- may break the law not once, not twice, It simply is not fair. It is not equi- Kennedy AgJOBS amendment gives but three times during that 31⁄2-month table. I cannot believe the American those individuals who are in this coun- period under the AgJOBS bill, as they people want to see us enact a law that try illegally a direct path to citizen- can do, and get legal status. I cannot will reward those individuals who have ship. The Chambliss-Kyl amendment conceive that America wants us to come into this country illegally in that recognizes those folks are here ille- enact that type of legislation. way. gally and it says to them, we are going A basic difference between the Lastly, let me mention one other to grant you a temporary status to re- AgJOBS bill and the Chambliss-Kyl point that is critically different be- main here if you are not displacing amendment relative to those issues is tween the AgJOBS bill and the American workers, if you are law abid- we do not put anybody on a path to Chambliss-Kyl amendment; and that is ing, and if your employer makes an at- legal status. We grant them temporary the issue relative to control of the bor- testation that he needs you—whether status under the H–2A bill. If the farm- der. The AgJOBS bill is basically silent it is for a short period of time, as the er comes in and says, ‘‘I need 100 work- when it comes to control of the border. H–2A reform portion of our amendment ers for 90 days to work on my farm, and But what it does do is it says if you calls for, or whether it is the longer here is what they are going to do,’’ we have previously worked in the United term, or the blue card application. Un- will have that application processed in States, and you are now back in your like in the AgJOBS amendment where a streamlined fashion, compared to the home country, you can come and make the illegal alien can make the applica- way the application would have to be application for the adjusted status by tion, in our amendment the application processed today, and those workers can saying you did work 575 hours within a has to be made by the employer who come in, and whether they are cutting certain period of time and, therefore, does have to say he needs that indi- lettuce or cutting cabbage or picking you should be given legal status in this vidual in his employ. cucumbers, they will be able to come in country. And that will happen. Another significant difference be- for that 100 days, and at the end of that The difference in our provisions rel- tween these two amendments is this: 100 days, they will return to their na- ative to control of the border is we Under the AgJOBS bill it is pretty easy tive land. mandate that the Department of in the scheme of things to become If there are other operations, other Homeland Security come back to Con- legal—not maybe an American citizen farming operations, whether it is a gress within 6 months after the effec- off the bat, but to position yourself to landscaper or somebody in the nursery tive date of this legislation and report be placed in line ahead of other folks business, that need individuals 12 to us on a plan they are going to put in who are going through the normal months out of the year, they will have place to control our borders. Because, course as set forth in our Constitution the opportunity under our bill to apply let me tell you, I don’t care what bill today to become a citizen, for these for the blue card—again, a temporary we pass, which of these amendments we folks to make that type of application. status. It must be applied for by the pass, or any future bill we may pass Here is why. The AgJOBS bill says if employer, not the illegal alien, as you relative to the immigration laws of you are an illegal alien, you shall be can do under the AgJOBS bill. The em- this country, if we do not control our given status as one lawfully admitted ployer must make the application for borders, we have not made one positive for temporary residence if the illegal those individuals. No preferential sta- step in the right direction. alien has worked 575 hours, or 100 tus toward citizenship is given. We simply must figure out a way to workdays, whichever is less, during an They can have that blue card for 3 control our borders. We think rather 18-month period ending on December years, and reapply on two separate oc- than us legislating a way in which that

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3783 be done, those folks who deal with the AgJOBS a reality. They have dem- was created during the Bracero Pro- issue every day, those folks at the De- onstrated true statesmanship by put- gram as a necessary program against partment of Homeland Security, are ting aside strongly held past dif- the depression in wages caused by better suited to determine how we can ferences to work together for the com- guest worker programs. The Chambliss come up with a plan to control the bor- mon good. We have our own responsi- proposal would replace it with a pre- der. We mandate that they come back bility to join in a similar way to ap- vailing wage standard, substantially to us with that plan to control the bor- prove this needed reform that is years lower than the adverse effect wage der within 6 months after the effective overdue. rate. It would be based on the employ- date of this legislation. I commend Senator CRAIG and Con- er’s own survey of prevailing wages Mr. President, I would simply say in gressmen BERMAN and CANNON for their rather than the Labor Department’s closing, we agree, No. 1, there is a prob- leadership. I urge my colleagues to survey. Farmworkers, who are already lem. I commend Senator CRAIG and wholeheartedly endorse the AgJOBS the lowest paid workers in the United Senator KENNEDY for continuing to bill. States, would see their wages drop even move this ball down the field, as they Our bill reflects a far-reaching and lower. In contrast, the AgJOBS bill have done. While I do not necessarily welcome agreement between the preserves the adverse effect wage rate agree that the Iraq supplemental is the United Farm Workers and the agricul- while recommendations are made to right place to do it, we are here today. tural industry to meet this urgent Congress to resolve these long-con- But it simply is a matter of in which need, and Congress should make the tested pay issues. direction we are going to go. most of this unique opportunity for The Chambliss amendment also Is it going to be looking at folks who progress. eliminates the key provision that gives are in this country illegally and re- Our bill has strong support from U.S. workers a job preference by em- warding them, rewarding them with a business and labor, civic and faith- ployers who request guest workers. It path to citizenship? Or is it going to be based organizations, liberals and con- would end the longstanding 50 percent in the direction of saying, OK, we know servatives, trade associations and im- rule which requires employers to hire you are here illegally, but if you are migrant rights groups. More than 500 qualified U.S. workers who applied during the first half of the season. Studies here and are a law-abiding individual organizations across the country sup- have shown that this rule is a valid in this country, and you are making a port it. AgJOBS is a bipartisan compromise protection. contribution to this society, and you In addition, the Chambliss amend- are not displacing an American worker, reached after years of negotiations. Both farmworkers and growers have ment would end what they call positive then we are going to give you a tem- recruitment—the obligation of employ- made concessions to reach this agree- porary status? We are not going to say ers to look for U.S. workers outside of ment, but each side has obtained im- you are here illegally. We are going to the government job service which cur- portant benefits. say you are here legally, temporarily. rently provides farmworkers with agri- In contrast, opponents offer a one- That is a critical difference. We are cultural jobs. This proposal creates a sided proposal that has failed to win going to make sure our farmers and new guest worker program for the un- the broad support AgJOBS has re- our ranchers have the workforce nec- documented that would offer them ceived. I urge my colleagues to oppose essary to carry out the job they must visas that would be valid only for 3 it. It vastly favors employers at the ex- do of feeding Americans as well as years and renewable for up to 6 addi- pense of farmworkers. It makes harsh other folks around the world, but we tional years. They would have no op- revisions to the current agricultural are simply not going to use that tool to portunity to earn a green card no mat- guest worker program and creates a put people who are here illegally on a ter how many years they worked in the new blue card program for undocu- pathway to one of the most precious United States. In fact, they would ac- rights every American citizen has, and mented workers without a path to per- tually lose their status if they merely that is citizenship of this country. manent residence, and without any filed an application to become a perma- I yield the floor, Mr. President. meaningful governmental oversight to nent resident. The PRESIDING OFFICER. The Sen- prevent labor abuses. Senator CHAMBLISS believes that un- ator from Massachusetts is recognized Agricultural employers would have documented farmworkers will come for 15 minutes. the freedom to avoid hiring U.S. work- out of the shadows and sign up for such Mr. KENNEDY. If the Chair would be ers, displace U.S. workers already on a temporary worker program, but they good enough to notify me when I have the job, and force both U.S. workers are highly unlikely to do so. The vast 1 minute remaining, please. and guest workers to accept low wages. majority will be deported after their The PRESIDING OFFICER. The They could do all this by claiming they temporary status expires. Registering Chair will be happy to. can’t find any U.S. workers. Even when as the first step towards deportation is Mr. KENNEDY. Mr. President, it is a the few labor protections are violated, unfair, and it just won’t work. privilege to join with Senator CRAIG in workers would have no meaningful In contrast, the AgJOBS bill offers offering the Agricultural Jobs, Oppor- ability to enforce their legal rights. farmworkers a genuine earned adjust- tunity, Benefits, and Security amend- This program would return us to the ment program that will put these ment. dark and shameful era of the Bracero workers and their families on a path to America has a proud tradition as a Program where abuses were rampant permanent residence. Hard-working, nation of immigrants and a nation of and widely tolerated. That is unaccept- law-abiding farmworkers will be able laws, but our current immigration laws able. We must learn from our mistakes to come out of the shadows. The have failed us. Much of the Nation’s and not repeat them. Chambliss amendment is far less satis- economy today depends on the hard The Chambliss amendment also ig- factory than the AgJOBS proposal, and work and the many contributions of nores the needs of many growers and I urge my colleagues to oppose it. immigrants. The agricultural industry farmworkers. It offers no solution to Opponents of the AgJOBS bill claim would grind to a halt without immi- the basic problem faced by agricultural that we are rushing this bill through grant farmworkers. Yet the over- employers—the problem that an over- Congress without full and careful con- whelming majority of these workers whelming majority of the workers are sideration. This claim is without are undocumented and are, therefore, undocumented. By offering no path to merit. Since 1998, the Immigration easily exploited by unscrupulous em- permanent residence for these undocu- Subcommittee has held three hearings ployers. mented workers, none of the guest that have fully examined our agricul- Our AgJOBS bill corrects these fes- workers, no matter how long they have tural workforce problems and the need tering problems. It gives farmworkers worked, will ever be able to earn their to reform our immigration laws. Last and their families the dignity and jus- permanent status. year, we considered the issue once tice they deserve, and it gives agricul- Perhaps more troubling is the more. Legislation to address this prob- tural employers a legal workforce. amendment’s repeal of the long- lem has been introduced by both Re- Impressive work has been done by standing adverse effect wage rate under publicans and Democrats in every Con- many grassroots organizations to make the current program. This wage rate gress since 1996.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3784 CONGRESSIONAL RECORD — SENATE April 18, 2005 In September 2000, a breakthrough lent criminals. We will reduce the cha- work experience. They must have occurred, and both sides agreed to sup- otic, illegal, all too deadly traffic of worked for at least 100 work days in ag- port compromise legislation that won immigrants at our borders by providing riculture by December 31, 2004. To earn broad bipartisan congressional support. safe opportunities for farmworkers and permanent residence, they must fulfill Unfortunately, attempts to enact it their families to enter and leave the a prospective work requirement. They were blocked in the lameduck session country. must work at least 360 days in agri- that year. The election of President The AgJOBS bill enhances our na- culture during a six-year period. At Bush in 2000 changed the dynamics of tional security and makes our commu- least 240 of those 360 work days must the agreement, and the compromise nities safer. It brings the undocu- occur during the first 3 years. Tem- fell apart. mented farmworkers and their families porary residents who fail to fulfill the A compromise was finally reached in out of the shadows and enables them to prospective agricultural work require- September 2003 which led Senator pass through security checkpoints. It ment will be dropped from the program CRAIG and me to introduce the AgJOBS shrinks the pool of law enforcement and required to leave the country. bill. Last Congress, we had, as Senator targets, enables our offices to train It’s not amnesty if you have to earn CRAIG has pointed out, 63 Senate co- their sights more effectively on the it. AgJOBS offers farm workers a fair sponsors, nearly evenly divided be- terrorists and the criminals. The un- deal: if they are willing to work hard tween Democrats and Republicans. De- documented farmworkers eligible for for us, then we’re willing to do some- spite such strong bipartisan support, this program will undergo rigorous se- thing fair for them. It’s the only real- the leadership last year blocked our at- curity checks as they apply for legal istic solution. tempt to obtain a vote on this legisla- status. Future temporary workers will Contrary to statements made by its tion. This is the second Congress in be carefully screened to meet security critics, AgJOBS does not provide a di- which Senator CRAIG and I have intro- concerns. rect path to citizenship. Farm workers duced the AgJOBS bill. Congress has The AgJOBS amendment provides a would first earn temporary residence if had extensive discussions of this legis- fair and reasonable way for undocu- they provide evidence of past work in lation in the past, and it is long past mented agricultural workers to earn agriculture. The next step would be time for us to act. legal status. It reforms the current permanent residence, but only after Opponents of our amendment have visa program so that agricultural em- they have completed thousands of offered no workable solutions. We can- ployers unable to hire American work- hours of backbreaking work in agri- not be complacent any longer. It is ers can hire needed foreign workers. culture—a process that could take up time for a new approach. Both of these components are critical. to 6 years. Once they earn permanent The American people want common- They serve as the cornerstone for com- residence, these farm workers would sense solutions to real problems such prehensive immigration reform of the have to wait another 5 years to be able as immigration. They want neither agricultural sector. to apply for citizenship. At that point, Undocumented farmworkers are open borders nor closed borders. They they would have to pass an English and clearly vulnerable to abuse by unscru- want smart borders. They are neither civics exam, and go through extensive pulous labor contractors and growers. anti-immigrant nor anti-enforcement. backgrounds checks. This process is They are less likely than U.S. workers Instead, they are anti-disorder and long and arduous, as it should be. to complain about low wages, poor anti-hypocrisy. They want the Federal There is nothing direct about it. working conditions, or other labor law Government to get its act together, to To be eligible for legal status, appli- violations. Their illegal status deprives set rules that are realistic and fair, and cants must be persons of good moral them of bargaining power and de- to follow through and enforce these re- character and present no criminal or presses the wages of all farmworkers. alistic rules effectively and efficiently. national security problems. Whether These workers are already among the AgJOBS meets these goals. It ad- they are applying here or at U.S. con- lowest paid of all workers in America. dresses our national security needs, re- sulates abroad, all applicants will be According to the most recent findings flects current economic realities, and required to undergo rigorous security of the national agricultural workers respects America’s immigrant herit- clearances. Like all applicants for ad- survey issued last month, their average age. justment of status, their names and individual income is between $10,000 The status quo is untenable. In the birth dates must be checked against and $12,000 a year. The average annual last 10 years, the U.S. Government has criminal and terrorist databases oper- family income is $15,000 to $17,000. spent more than $20 billion to enforce Thirty percent of their households ated by the Department of Homeland our immigration laws. We have tripled live below the poverty line. Only half Security, the FBI, the State Depart- the number of border security agents, of them own a car and even fewer own ment, and the CIA. Applicants’ finger- improved surveillance technology, in- a home or even a trailer. By legalizing prints would be sent to the FBI for a stalled other controls to strengthen these farmworkers, the threat of depor- criminal background check, which in- border enforcement, especially at the tation is removed. They will be on cludes comparing the applicants’ fin- southwest border. None of these efforts equal footing with U.S. workers and gerprints with all arrest records in the have been adequate. Illegal immigra- the end result will be higher wages, FBI’s database. tion continues. better working conditions, and upward Contrary to arguments made by de- The proof is in the numbers. Between job mobility for all workers. tractors of AgJOBS, terrorists will not 1990 and 2000, the number of undocu- Opponents of reform continually mis- be able to exploit this program to ob- mented immigrants doubled from 3.5 label any initiative they oppose as tain legal status. Anyone with any ties million to 7 million. Today that num- ‘‘amnesty’’ in a desperate attempt to to terrorist activity is ineligible for ber is nearly 11 million, with an aver- stop any significant reform. Instead of legal status under our current immi- age annual growth of almost 500,000. proposing ways to fix our current bro- gration laws, and would be ineligible Those already here are not leaving, and ken system, they are calling for more under the AgJOBS bill. Our proposal new immigrants keep coming in. Mas- of the same—increased enforcement of has no loopholes for terrorists. sive deportations are unrealistic as a broken laws. However, enforcing a dys- Opponents of AgJOBS claim that this policy, impractical to carry out, and functional system only leads to greater bill is soft on criminals. Wrong again. unacceptable to businesses that rely dysfunction. AgJOBS has the toughest provisions heavily on their labor. The AgJOBS bill is not an amnesty against those who commit crimes— Obviously, we must control our bor- bill. The program requires farmworkers tougher than current immigration law. ders and enforce our laws, but we first to earn legal status. They must dem- Convictions for most crimes will make need realistic immigration laws that onstrate not only contributions but them ineligible to obtain a green card. we can actually enforce. The AgJOBS also a substantial future work commit- Generally, these convictions include bill is a significant step. By bringing ment before they earn the right to re- violent crimes, drug crimes, theft, and these illegal workers out of the shad- main in our country. domestic violence. AgJOBS goes even ows, we will enable law enforcement to First, they will receive temporary further. Applicants can be denied legal focus its efforts on terrorists and vio- resident status, based on their past status if they commit a felony or three

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3785 misdemeanors. It doesn’t matter cation process by making it a ‘‘labor In addition, the bill provides a sig- whether the misdemeanors involve attestation’’ program similar to the H– nificant new protection for H–2A work- minor offenses—three misdemeanors 1B program, rather than the current ers—a private right of action in Fed- and you are out, no matter how minor ‘‘labor certification’’ program. This eral court. Currently, these workers the misdemeanors. In addition, anyone change will reduce paperwork for em- lack this right, and can seek redress in convicted of a single misdemeanor who ployers and accelerate processing. State courts only under State contract served a sentence of 6 months or more Employers seeking temporary work- law. Such workers are also excluded would also be ineligible. These rules ers will file an application with the from the Migrant and Seasonal Agri- are additional requirements that do Secretary of Labor containing assur- cultural Worker Protection Act, which not apply to other immigrants and ances that they will comply with the provides U.S. workers with protections they cannot be waived by DHS. program’s obligations. The application and remedies in Federal court. Al- There are those who would prefer to will be accompanied by a job offer that though the exclusion continues, our disqualify a farm worker who commits the local job service office will post on bill will permit workers to file a Fed- even a single minor misdemeanor, with an electronic job registry at least 28 eral lawsuit to enforce their wages, no jail time. But that goes too far. In days before the job begins. In addition, housing benefits, transportation cost some States, it’s a misdemeanor to put the employer must post the position at reimbursements, minimum-work guar- trash from your home into a roadside the work site, notify the collective bar- antee, motor vehicle safety protec- trash can. It’s a misdemeanor to park a gaining representative if one exists, tions, and other terms under their job house trailer in a roadside park, or make reasonable efforts to contact offer. have an unleashed dog in your car on a past employees, and advertise the posi- Our bill will also unify families. State highway, or go fishing without a tion in newspapers read by farm work- When temporary residence is granted, a license. ers. farm worker’s spouse and minor chil- If we’re serious about this proposal, Longstanding worker protections dren will be able to remain legally in minor offenses like these shouldn’t will continue in force. For example, the United States, but they will not be have such harsh consequences. We’d be the ‘‘three-fourths minimum work authorized to work. When the worker severely punishing hard-working men guarantee’’ will remain in effect. Em- becomes a permanent resident, the and women for minor mistakes, and ployers will be required to guarantee spouse and minor children will also tearing these immigrant families work for at least three quarters of the gain such status. apart. employment period or pay compensa- Mr. President, I have a letter from It’s hard to imagine any public pur- tion for any shortfall. The ‘‘50% rule’’ the AFL–CIO that calls AgJOBS a re- pose that would be served by such a se- will also continue. Qualified U.S. work- cent legislative compromise between vere punishment. But it’s easy to imag- ers would be hired as long as they farmworker advocates and agricultural ine all the heart-wrenching stories and apply during the first half of the sea- employers. I ask unanimous consent nightmares created by this proposal for son. No position could be filled by an that this letter be printed in the people caught by its provisions. Many H–2A worker that was vacant because RECORD. of these farm workers have lived in of a strike or labor dispute. Employers There being no objection, the mate- America with their families for many will continue to reimburse workers for rial was ordered to be printed in the years. They’ve established strong ties transportation costs and provide work- RECORD, as follows: to their communities, paid their taxes, ers’ compensation insurance coverage. AMERICAN FEDERATION OF LABOR and contributed to our economy. They Employers will be prohibited from dis- AND CONGRESS OF INDUSTRIAL OR- deserve better than a punishment out criminating in favor of temporary GANIZATIONS, workers. Washington, DC, April 18, 2005. of all proportion to their offense. DEAR SENATOR: On behalf of the AFL–CIO I Opponents of AgJOBS also claim that The bill will modify some current re- urge you to support cloture on and passage it will be a magnet for further illegal quirements in important ways. Em- of an amendment to the FY 2005 Supple- immigration. Once again, they are ployers must provide housing at no mental Appropriations bill offered by Sen- wrong. To be eligible for the earned ad- cost, or a monetary housing allowance ators Craig and Kennedy—the Agricultural justment program, farm workers must in which the State governor certifies Job Opportunity, Benefits and Security Act establish that they worked in agri- that sufficient farm worker housing is (AgJOBS). I also strongly urge you to oppose culture in the past. Farm workers available. Employers will also be re- an amendment offered by Senators quired to pay at least the highest of Chambliss and Kyl as a substitute to must have entered the United States AgJOBS. This amendment has inadequate prior to October, 2004. Otherwise, they the State or Federal minimum wage, worker protections and must be defeated. are not eligible. The magnet argument the local ‘‘prevailing wage’’ for the par- The AgJOBS bill is a reasoned legislative is false. New entrants who have not ticular job, or an ‘‘adverse effect’’ wage compromise between farm worker advocates worked in agriculture won’t qualify for rate. and agricultural employers. AgJOBS enjoys this program. For many years, the adverse effect strong bipartisan support and would provide Hard-working migrant farm workers wage rate has been vigorously debated, an avenue for 500,000 undocumented farm are essential to the success of Amer- with most farm worker advocates argu- workers to qualify for an earned adjustment ing that the rate is too low, and most program that has a path to permanent resi- ican agriculture. We need an honest ag- dency. AgJOBS would both streamline the riculture policy that recognizes the growers complaining that it is too current H–2A agricultural guest-worker pro- contributions of these men and women, high. The bill will freeze adverse effect gram and provide additional legal protec- and respects and rewards their work. wage rates for three years at the 2003 tions for migrant workers who hold H–2A Our bill will modify the current tem- level, while studies and recommenda- visas. AgJOBS addresses both the growing porary foreign agricultural worker pro- tions are made to Congress by the GAO concern over the high number of undocu- gram, while preserving and enhancing and a special commission of experts. If mented farm workers and the need for ad- key labor protections. It strikes a fair Congress fails to enact an adverse ef- justments to the H–2A program so that we do balance. Anything else would under- fect wage rate formula within 3 years, not confront a similar crisis in the future. The Kennedy-Craig AgJOBS amendment is mine the jobs, wages, and working con- this wage rate will be adjusted in 2006, necessary immigration reform that will pro- ditions of U.S. workers. and at the beginning of each year tect the rights and economic well-being of For many employers, the current thereafter, based on the change in the both immigrant and U.S. workers. program is a bureaucratic nightmare. consumer price index. The Chambliss-Kyl proposal would radi- Few of them use the program, because The Secretary of Labor will establish cally change the H–2A program—stripping it it is so complicated, lengthy, uncer- an administrative complaint process to of all labor protections and government tain, and expensive. Only 40,000–50,000 investigate and resolve complaints al- oversight. This amendment would create a leging violations under the H–2A pro- new year-round guest worker program with guest workers are admitted each year— no meaningful labor protections and no role barely 2 to 3 percent of the estimated gram. Violators will be required to pay for the Department of Labor to enforce hous- total agricultural work force. back wages, and can also be given civil ing, pay, or other essential worker protec- To deal with these problems, the bill money penalties and be barred from tions. The Chambliss-Kyl proposal would tie streamlines the H–2A program’s appli- the program. workers to particular employers and require

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It would allow em- billion in military spending contained stead, Congress receives only piece- ployers to bring in a large numbers of vul- in this supplemental appropriations meal information about, on the one nerable guest workers to fill year-round jobs for up to nine years without the ability to be bill is but a small downpayment on hand, what funds are required to fight united with their family members. that staggering sum. the war—this unnecessary war, I say, Also troubling is that the Chambliss-Kyl How accurate is this estimate of in Iraq—and on the other, what funds amendment would broaden the definition of nearly half a trillion dollars more in are required for the regular operations seasonal agricultural workers to include ‘‘re- war costs? How accurate is it? Amaz- of the Defense Department and other lated industries,’’ which could include land- ingly, the administration has flatout Federal agencies. scaping and food processing. Currently, the refused to provide any estimates for This is a misguided approach, and the use of guest workers in these industries is the cost of the war in its annual budget net effect of this misguided approach is capped and subject to additional labor mar- a thoroughly disjointed and dis- ket tests. The H–2A program is not subject request. That means, then, under the to a cap. This further jeopardizes essential administration’s budget policies, our combobulated Federal budget. This labor protections for a broader segment of troops are forced to continue to rely on hand-me-down process does not serve the U.S. workforce. The Chambliss-Kyl pro- the stopgap spending measures that are our troops well. posal is bad for both U.S. and immigrant known as emergency supplemental ap- A unified, coherent budget for our workers, bad for employers who want to em- propriations bills. military would allow Congress and the ploy a stable workforce, and it is a dan- I know the terms ‘‘supplemental re- administration, as well as the Amer- gerous precedent in immigration and labor quest’’ or ‘‘emergency appropriations’’ ican people, to focus on the future to policy. mean almost nothing to the average evaluate what our troops might need to Sincerely, American. But each time the White fight two wars—the war in Afghanistan WILLIAM SAMUEL, and the war in Iraq—in the next 6, 12, Director, Department of Legislation. House sends a supplemental request to or 18 months. Mr. KENNEDY. Mr. President, this Congress for more funds that have never appeared in the President’s budg- I am fully supportive of the war in mentions: Afghanistan because in that case our The Chambliss-Kyl proposal would radi- et, it reminds me of the way so many Americans pull a credit card out of country was attacked, our country was cally change the H–2A program, stripping it invaded by an enemy. We fought back. of all labor protections and Government their wallet when faced with unex- oversight. This amendment would create a pected costs. I fully supported President Bush in new year-round guest worker program with Like a credit card, emergency supple- that war, and I do today. I support the no meaningful labor protections and no role mental appropriations requests can be troops in both wars, but I do not sup- for the Department of Labor to enforce hous- responsibly used to cover costs that port the policy that sent our troops ing, pay, or other essential worker protec- could not have been foreseen. But most into Iraq. tions. The Chambliss-Kyl proposal would tie Americans know, if someone starts Instead of looking forward, however, workers to particular employers and require using a credit card for everyday ex- the abuse of the supplemental appro- them to leave the country if their jobs ended priations process means the Congress and no other employer petitioned for a visa penses, watch out, because that person is on the path to financial ruin. Mr. and the administration are con- for them within 60 days. stantly—constantly—looking backward President, I have never had a credit I yield the floor. over our shoulder to fix the problems card in my life. I don’t use one. My The PRESIDING OFFICER. The Sen- that might have been addressed had wife doesn’t use one. Using that little ator from West Virginia is recognized. the cost of the wars been included in piece of plastic means avoiding the AMENDMENT NO. 464 the President’s budget. (Purpose: To express the sense of the Senate tough choices and tradeoffs that are Congress has had to add money to on future requests for funding for military necessary for fiscal responsibility, prior supplementals to buy more body operations in Afghanistan and Iraq) while reckless spending and increasing armor, to buy more ammunition, to Mr. BYRD. Mr. President, from the interest payments cause a family’s buy more armored humvees. All of moment our military first attacked debt to spiral out of control. That, in a these costs should have been included Osama bin Laden’s hideouts in Afghan- nutshell, is exactly what is happening in earlier administration regular uni- istan, through the time that our first in Washington, DC. Just like the slick fied budget requests for the entire Fed- soldiers set foot inside Iraq, continuing advertising slogan for credit cards, the eral Government. right up until the present day, the war administration’s repeated requests for What is more, this disjointed manner in Afghanistan and the war in Iraq supplemental appropriations for the of paying for the wars in Iraq and Af- have been entirely funded by what the war exemplify the phrase ‘‘buy now, ghanistan has a tremendous effect on American people might call a series of pay later.’’ the entire Federal budget. By refusing stopgap spending measures. These Over the last 31⁄2 years, at a time to budget for the cost of the war, the measures, which are called emergency when the Government is swimming in President is submitting annual budgets supplemental appropriation bills in the red ink, the White House has charged to Congress that are downright inac- parlance of our Nation’s capitol, take an additional $280 billion—that is curate. These budget requests are inac- the form of last-minute requests by the right, $280 billion—on the national curate. They understate the actual White House for Congress to approve credit card, without proposing a single amount of our annual deficits by scores tens of billions of dollars on an acceler- dime of that spending in its annual of billions of dollars. ated timetable. budget proposal; not one thin dime is If the President’s emergency request From September 11, 2001, until today, seen or shown in the administration’s for 2005 is approved, the Congress will Congress has approved $201 billion in annual budget proposal. This is a reck- have approved over $210 billion just for these appropriations bills, the great less course the administration has the war in Iraq. While the budget def- majority of which the President has plotted. It is fiscal irresponsibility at icit grows to record levels, the Presi- applied to the wars in Afghanistan and the highest level. This ‘‘take it as it dent tells us we have to cut domestic Iraq. If this bill on the Senate floor is comes’’ approach to paying for the cost programs by $192 billion over the next approved, it will add another $79.3 bil- of the war in Iraq ignores sound budg- 5 years. The President tells us we have lion to that staggering total. etary principles, and it is a grave dis- to charge veterans for their medical With the cost of the two wars ap- service to our troops who are serving in care, that we have to cut grants for proaching $280 billion—that is a lot of Iraq. firefighters and first responders, that money; that is your money, Mr. and By separating the regular budget of we cannot adequately fund the No Mrs. American Citizen—the American the Defense Department and other Fed- Child Left Behind Act, and that we people are beginning to ask how much eral agencies from the wartime costs of should cut funding for the National In- more will these two wars cost our military operations, the White House stitutes of Health. The list goes on and country? The Congressional Budget Of- has effectively denied Congress the on. fice estimated, in February 2005, the ability to get the whole picture of the Since the President took office, he cost of the wars in Iraq and Afghani- needs of our troops and the other needs has taken a Federal budget that was in

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3787 surplus for 4 straight years and pro- These amendments were approved by cost of these two wars, but Congress duced deficits as far as the human eye strong bipartisan majorities of the and the American people ought to can see. For 2006, the President is pro- Senate. The first time I offered the know the exact cost of the war in Af- jecting a deficit of $390 billion, but that amendment on July 17, 2003, it was ap- ghanistan. They ought to know the deficit estimate does not—does not, proved 81 to 15. The second time I of- exact cost of the war that was forced does not—include new spending for the fered the amendment on June 24, 2004, upon our country in Afghanistan, and war in Iraq. We are not fighting that it received even broader support and they need to know the cost of the war war on the cheap. It is costing you was approved 89 to 9. Each time, this in Iraq, the war that the administra- money, you citizens out there. It is sense-of-the-Senate provision was in- tion chose to begin, the invasion that your money; it is costing you money. cluded in the Defense Appropriations the administration chose to set forth. That deficit estimate does not include Act and signed into law by the Presi- These wars should not be confused one new spending, I say, for the war in Iraq. dent. with the other. They are two different Why? Why does it not? Why does that Today, I offer an amendment that wars, and we should say so right up deficit estimate not include new spend- follows up on the Senate’s call for the front. We should know the amount of ing for the war in Iraq? Because the President to budget for the cost of the money we spend in each. President pretends he cannot project wars in Iraq and Afghanistan. Let us In addition, this report would require what the war will cost in 2006. Well, just have truth in accounting. This is the Pentagon to keep the Congress con- Mr. President, I assure you the costs honest accounting. We are letting the tinually informed of estimates of mili- will not be zero. American people know how much they tary operations in Iraq and in Afghani- The President will not tell the Amer- are paying for these wars. stan for the next year so that Congress ican people what the war in Iraq will This amendment builds on the sense- can have the better lens with which to cost. By understating the deficits, the of-the-Senate language that has been look upon future budgets for our mili- American people are being led down a approved by strong bipartisan majori- tary. This is nothing but right. The elected primrose path. That is dishonesty. Nei- ties of the Senate in each of the last 2 representatives of the people sitting in ther the White House nor Congress is years. Once again, this provision urges this body ought to know these things. making any tough choices about how the President to budget for the cost of to pay for the cost of the war because We are representing the American peo- the war in Iraq and the war in Afghani- ple in our States and throughout the the administration is not telling Con- stan. However, my amendment today country. What is wrong with our tell- gress how much it thinks the war goes further and urges the President to ing them right up front? We need to might cost in the next year. And as a submit an amended budget request for know these things. I have a responsi- result, there is no talk of raising taxes the cost of the wars to Congress no bility to my people back home. Not or cutting spending in order to pay for later than September 1, 2005. only that, but I have a responsibility the costs of the wars. Although the White House should to my children, my grandchildren, and The United States is sinking deeper have budgeted for this war long ago, to their children. Each of us has that and deeper into debt, and the adminis- this provision ratchets up the pressure responsibility, and we ought to ask for tration’s failure to budget for the wars on the administration to submit to this information. We ought to insist on in Iraq and Afghanistan is sending our Congress an estimate of the cost of the it. country even deeper into red ink. For war for fiscal year 2006. Hopefully, this Once again, the Senate should send a as brilliantly as our troops have per- will be the first step in restoring some message to the administration that it formed on the battlefield, as brilliantly sanity to the President’s budget re- ought to budget for the costs of the as they have fought and died on the quest that has so far ignored the enor- wars in Iraq and Afghanistan. My battlefield, the administration’s budg- mous costs of military operations in amendment sends that message in eteers are creating a budgetary catas- Iraq and Afghanistan. clear terms. I urge my colleagues to trophe. But the executive branch has This amendment also contains a sec- join me in approving this sense-of-the- not always been so neglectful of the tion of findings that illustrate many of Senate amendment with another need to include in its budget the cost of the points I have already made in urg- strong bipartisan vote. ongoing wars. According to the Con- ing the President to budget for the I call up my amendment No. 464. gressional Research Service, there is a war. These findings emphasize the leg- The PRESIDING OFFICER. Without long history of Presidents moving the islative history of the Senate urging objection, the pending amendment will cost of ongoing military operations the President to budget for the wars in be set aside. The clerk will report. into their annual budget requests rath- Iraq and Afghanistan. The findings also The assistant legislative clerk read er than relying completely on supple- present some of the conclusions as follows: mental appropriations bills. reached by the Congressional Research The Senator from West Virginia [Mr. For example, the Congressional Re- Service about the funding of previous BYRD] proposes an amendment numbered 464. search Service reports President military operations through the reg- Mr. BYRD. Mr. President, I ask unan- Franklin D. Roosevelt included funds ular appropriations process. imous consent that the reading of the for World War II in his fiscal year 1943 Finally, this amendment includes a amendment be dispensed with. budget request. President Lyndon B. reporting requirement that would help The PRESIDING OFFICER. Without Johnson included funds for the Viet- keep Congress informed—help keep us objection, it is so ordered. nam war in his fiscal year 1966 request. informed. We are elected by ‘‘we the The amendment is as follows: Military operations in Bosnia and the people,’’ the first three words in the On page 169, between lines 8 and 9, insert U.S. operations to enforce the no-fly preamble of the Constitution. We are the following: zone over Iraq were initially funded hearing a lot about the Constitution REQUESTS FOR FUTURE FUNDING FOR MILITARY through supplemental appropriations. these days, and we are going to hear OPERATIONS IN AFGHANISTAN AND IRAQ But in 1995, Congress forced President more. I am going to have a few things SEC. 1122. (a) FINDINGS.—The Senate makes Bill Clinton to include those costs in the following findings: to say about it before it is over. (1) The Department of Defense Appropria- his fiscal year 1997 budget, which he As I said, this amendment includes a tions Act, 2004 (Public Law 108–87) and the did. Upon assuming the Presidency, reporting requirement that would help Department of Defense Appropriations Act, George W. Bush began to include the to keep Congress informed about the 2005 (Public Law 108–287) each contain a cost of the peacekeeping mission in real costs of the wars in Iraq and Af- sense of the Senate provision urging the Kosovo in his fiscal year 2001 budget re- ghanistan. This provision would re- President to provide in the annual budget request. I supported President Bush on quire the Department of Defense to quests of the President for a fiscal year that initiative because it made good provide Congress with the specific under section 1105(a) of title 31, United fiscal sense. Twice I have offered amounts that have been spent to date— States Code, an estimate of the cost of ongoing military operations in Iraq and Afghani- amendments to the Defense appropria- what is wrong with that?—for each of stan in such fiscal year. tions bills to urge the President to add the wars in Iraq and Afghanistan. Cur- (2) The budget for fiscal year 2006 sub- the costs of the wars in Iraq and Af- rently, the Pentagon prefers to report mitted to Congress by the President on Feb- ghanistan to his budget. only a single figure that combines the ruary 7, 2005, requests no funds for fiscal year

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3788 CONGRESSIONAL RECORD — SENATE April 18, 2005 2006 for ongoing military operations in Iraq stan, 2004 (Public Law 108–106; 117 Stat. 1219; about it here today. What does it or Afghanistan. 10 U.S.C. 113 note). mean? It means Agricultural Job Op- (3) According to the Congressional Re- (B) Section 9010 of the Department of De- portunities, Benefits and Security Act. search Service, there exists historical prece- fense Appropriations Act, 2005 (Public Law That is why we are on the floor of the dent for including the cost of ongoing mili- 108–287; 118 Stat. 1008; 10 U.S.C. 113 note). Senate today. tary operations in the annual budget re- The PRESIDING OFFICER. The Sen- quests of the President following initial Some would argue we ought to be funding for such operations by emergency or ator from Idaho. doing the Iraqi supplemental because it supplemental appropriations Acts, includ- Mr. CRAIG. Mr. President, I rise to is urgent. None of this money is imme- ing— speak about immigration and the issue diately necessary in Iraq. The House (A) funds for Operation Noble Eagle, begin- that will be before us for two very im- took 2 months to craft it. We are going ning in the budget request of President portant votes tomorrow. My colleague to take a few days to pass it. But I George W. Bush for fiscal year 2005; from Alabama is also in the Chamber. must tell you as I have before, I believe (B) funds for operations in Kosovo, begin- I will take the allotted time under the the crisis in immigration today is ning in the budget request of President unanimous consent, and then I think every bit as significant. No matter the George W. Bush for fiscal year 2001; (C) funds for operations in Bosnia, begin- he wants to spend more time on these money we pour along the borders, still ning in budget request of President Clinton issues. our borders are not under control, espe- for fiscal year 1997; What I find very fascinating is that cially our southern border. (D) funds for operations in Southwest Asia, everyone who has come to the Senate Senator KENNEDY came to the floor a beginning in the budget request of President floor this afternoon to talk about im- few moments ago to give a very com- Clinton for fiscal year 1997; migration agrees that our country is in prehensive analysis of how he and I, (E) funds for operations in Vietnam, begin- near crisis at this moment for our in- and now over 500 groups, have come to- ning in the budget request of President ability to control our borders, to stem gether to try to resolve the issue of im- Johnson for fiscal year 1966; and migration, specific to American agri- (F) funds for World War II, beginning in the tide of illegal movement into our the budget request of President Roosevelt for country, and to fashion comprehensive culture. Those are the issues at hand at fiscal year 1943. or targeted immigration law that effec- this moment. We are not in any way (4) The Senate has included in its version tively works. Simply put, our Federal obstructing the process. This afternoon of the fiscal year 2006 budget resolution, Government has to do better. It has to could have been filled with amend- which was adopted by the Senate on March move faster in improving our border se- ments on the supplemental if those 17, 2005, a reserve fund of $50,000,000,000 for curity and meeting this phenomenally who have amendments would have been overseas contingency operations, but the de- here to offer them. We are simply tak- termination of that amount could not take large and important issue of illegal immigration. ing time in the debate. We will have into account any Administration estimate those votes tomorrow. If Senators on the projected cost of such operations in Congress is no further along today on SAXBY CHAMBLISS and JON KYl do not fiscal year 2006. a comprehensive bill than it was a year (5) In February 2005, the Congressional ago at this time when my bill, the get the necessary 60 votes, or I do not Budget Office estimated that fiscal year 2006 AgJOBS bill, had a thorough hearing on these issues, they will be set aside. costs for ongoing military operations in Iraq before the Judiciary Committee. It is But they will not go away, because I do and Afghanistan could total $65,000,000,000. now well over 1,300 days since we woke believe, as I think most Americans be- (b) SENSE OF SENATE.—It is the sense of the up after 9/11 with thousands of our lieve, somehow we have to get this Senate that— right. Somehow it is necessary to do (1) any request for funds for a fiscal year country men and women dead and a phenomenal frightening awakening on so. after fiscal year 2006 for an ongoing military I am committed to making this de- operation overseas, including operations in the part of the American people that bate as brief as possible. That is why I Afghanistan and Iraq, should be included in there were millions of undocumented agreed to a unanimous consent request the annual budget of the President for such foreign nationals living in our country. fiscal year as submitted to Congress under to conform it and to shape it, but to As I said earlier, while most of them allow a full and fair and necessary de- section 1105(a) of title 31, United States are law-abiding, are here to work, and Code; bate. As far as I am concerned, a thor- (2) the President should submit to Con- are extremely hard-working people, we ough debate on AgJOBS does not need gress, not later than September 1, 2005, an found out tragically enough that there to take a multiple of days or months. amendment to the budget of the President were some here with evil intent, and Every Senator knows this issue. Every for fiscal year 2006 that was submitted to we began to control our borders. I Senator knows his and her constitu- Congress under section 1105(a) of title 31, think that is why Congress then again ents are upset at this moment because United States Code, setting forth detailed started beefing up border patrol and cost estimates for ongoing military oper- somehow Congress has failed to deal buying high-tech verification systems with this issue. I have received my fair ations overseas during such fiscal year; and for the Department of Homeland Secu- (3) any funds provided for a fiscal year for share of criticism from some of my ongoing military operations overseas should rity, and that is why, whether one constituents for offering AgJOBS. I be provided in appropriations Acts for such agrees on the specific methods or not, smiled and said: You sent me to work fiscal year through appropriations to specific the House of Representatives just at- in Washington to solve a problem. I accounts set forth in such appropriations tached to the legislation we are talking brought the solution to that problem. I Acts. about this afternoon a national driver’s believe it is the right one. No one else, (c) ADDITIONAL REQUIREMENTS FOR CERTAIN license standard and asylum changes, REPORTS.—(1) Each semiannual report to except for those this afternoon, has Congress required under a provision of law those seeking asylum in our country, brought a second solution. I welcome referred to in paragraph (2) shall include, in in the so-called REAL ID provisions to all Senators to get involved in this de- addition to the matters specified in the ap- the Iraq supplemental. That is why I bate and understand the issues. But plicable provision of law, the following: have supported a Byrd amendment on most importantly, we cannot do what (A) A statement of the cumulative total of this bill to take money away from cer- past Congresses have done or what we all amounts obligated, and of all amounts ex- tain portions of this bill that are not have done for the over 1,300 days since pended, as of the date of such report for Op- immediately necessary for our troops 9/11, look over our shoulder and say: eration Enduring Freedom. for their security and allow our border (B) A statement of the cumulative total of Oh, boy, that is a big problem; and, oh, all amounts obligated, and of all amounts ex- security to hire more investigators and boy, our borders are at risk and, yes, pended, as of the date of such report for Op- enforcement agents to boost up that some of those illegals could be here to eration Iraqi Freedom. whole area we are so concerned about. do us harm, but we can’t seem to get (C) An estimate of the reasonably foresee- That is why I am cosponsoring a bill our hands around it because it is such able costs for ongoing military operations to that helps States deal with undocu- a complicated issue. be incurred during the 12-month period be- mented criminal aliens. We must get it I do not dispute its complications. ginning on the date of such report. right everywhere if we are going to re- But I am frustrated that the Senate (2) The provisions of law referred to in this paragraph are as follows: instate in our country secure borders and the House have literally not been (A) Section 1120 of the Emergency Supple- and functional immigration law. That able to act. I believe the Senate has mental Appropriations Act for Defense and is why I have worked for the last good had enough time. As I mentioned ear- for the Reconstruction of Iraq and Afghani- number of years on AgJOBS. We talk lier, we have seen this bill when it was

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3789 before the Judiciary Committee. I coming here and in working illegally tics’ numbers of those they believe—if think most of my colleagues know for some firm or company. the law were passed—are AgJOBS eligi- about AgJOBS. Yes, 63 Senators sup- If they have done that and if, within ble? ported it last year. We are now nearly 18 months of December 31 of last year, Mr. SESSIONS. About a million. at 50 at this time. Clearly a large num- 2004, they have worked 100 workdays— Mr. CRAIG. About 500,000 is what ber do support it. I think that is ex- and they have defined a workday in the they estimate. When you do all of the tremely important that we do. It is so act as 1 hour, so that could be 100 hours very thorough background checks we necessary that we move appropriately of work—they earn what the pro- have within it that are consistent with to solve this problem and solve it in a ponents of this legislation say they are immigration law today, they figure a timely fashion. This now gives us an earning: their right to be here. certain number would fall out, and opportunity to do that. They are being paid for this, presum- then there are the wives and depend- As I said to my colleagues, I have ably. They didn’t come here to work ents. A very large number of these are worked on this issue with numerous for not being paid. They came for a sal- not married. They have no immediate communities of interest for nearly 5 ary they are willing to accept. They family—about 200,000 more. It is rea- years to craft what we believe is one of work here for 100 hours. Then they be- sonable to say the Department of the best approaches to solving the come a lawful, temporary resident. Labor is looking at a total number of problem, not only recognizing that Then all of a sudden someone who was workers, spouse, and dependents of up- illegals, the undocumented are a prob- here unlawfully is now converted to a wards of possibly 700,000. I know mil- lem in our country, but once they are lawful resident. lions and millions are talked about. I here, and if they are here illegally, how A number of things occur after that. believe that is unrealistic based on the do we treat them? How does the agri- If they have family here, a spouse or Bureau of Labor Statistics. cultural economy provide for them and children—one, two, three, four, five, Does the Senator disagree with those respond to them while they are so nec- six—and that spouse or those children figures? essary in that workforce? That is what may have been here 6 weeks, the spouse Mr. SESSIONS. I will say it this way: is embodied in AgJOBS. It is not sim- and children are entitled to stay as I will say it is very likely to be a mil- ply a threshold of how you transition long as the person who now has become lion. a lawful, temporary resident; and with- Mr. CRAIG. Based on what figures? through. It is in reality a major reform Mr. SESSIONS. Close to a million, if in the next 6 years, if that person is of the H–2A program. you take the figure of 700,000. I am not Let’s continue with this issue. I am employed in agriculture for 2,060 sure we have thought it through. going to stop at this moment. My col- hours—the average worker works The Senator, I believe—who was here league Senator SESSIONS is on the about 2000 hours a year, so that would in 1987 when the 1986 amnesty was floor. I need to step away a few mo- be about 1 year out of 6, being paid for passed—would admit that the estimate ments. I know he has important things this—they have therefore earned legal of how many people would take advan- to say—many that I agree with, but permanent resident status. That is tage of it was very low. In fact, I be- there are some I do not agree with. pretty significant, legal permanent lieve three times as many people took Don’t kick this ball down the field to residency, because if you become a advantage of that amnesty as the esti- another day. We look now at a com- legal permanent resident, then you are mators estimated. It could happen prehensive piece of legislation. It is no longer an indentured servant. You here. I don’t know. very necessary we attempt to solve it are not required to work in agri- Mr. CRAIG. I don’t disagree with now, get this Congress involved, and culture. You can work on any job you that. But the criteria was entirely dif- tell the American people we hear them, want. ferent. If I could be so kind, I think my we know our national security is at It might be this court reporting job colleague is mixing apples and oranges risk, and in this instance our food secu- right here. and getting an interesting blend of a rity is at risk. We need to solve a very I don’t know what they want to work new juice. An earned status approach important problem. on. They became a legal, permanent has never been used before. The full I yield the floor. resident. They can wait for 5 years, and background check, and the thorough- The PRESIDING OFFICER. The Sen- then they are virtually guaranteed a ness of that background check as we ator from Alabama. citizenship unless they are convicted— anticipate in this legislation, is only Mr. SESSIONS. Mr. President, I charged, convicted—of a felony or con- used when you have a legal immigrant thank the Senator from Idaho. Senator victed of three misdemeanors. A mis- standing in line. In fact, our law is CRAIG is one of my favorite Members of demeanor can be a pretty serious of- more stringent for illegal than it is for the Senate. We agree on many things. fense sometimes. the legal immigrant because they can We have not agreed on this one. I am not sure we want somebody to get the misdemeanors. We say, if you Yes, I think we all understand we are want to come here to commit a bunch get a misdemeanor with 6 months’ in- dealing with a broad, important, and of misdemeanors. You don’t usually get carceration, that is pretty serious. The complex issue. It does require us to caught for all of them. People do Senator from Alabama is an attorney. give it some thought. But the point of things and half the time they do not Would he agree with that? They are the matter is we are being asked to get caught at all. If you catch a victim out of here. There is a much different vote on AgJOBS tomorrow. People are twice on a misdemeanor, that can be criteria when you start comparing the going to have to cast a vote on this very serious. total numbers. That is why I think bill. I urge you not to vote for this leg- Then they are given citizenship. they would be different. islation, because it should not be on By the way, if their children are not Mr. SESSIONS. The act says three the Defense supplemental and, second, here, have never been here, and they convictions of misdemeanors. The Sen- because it is flawed, seriously flawed. became a lawful, permanent resident, ator is right. It can be up to 6 months It is not consistent with what I think they can send for them—one, two, or or a year. are the views of most Members of Con- five members. They can come on down Mr. CRAIG. Then they are deported. gress or the American people on how and be a part of the United States and Mr. SESSIONS. Not if there are two we ought to handle this matter. be on the road to citizenship, even convictions. I mentioned briefly earlier how the though maybe that was never the in- Mr. CRAIG. That is correct. That is process toward amnesty works in this tention. Maybe it was never the inten- the current law. That is what current legislation. I would like to refer to this tion, to begin with, for their family to law says for the illegal immigrant. chart. I think it makes the point rath- come here. Mr. SESSIONS. It is in the legisla- er simply. I do not think it is disputed. Mr. CRAIG. Mr. President, will the tion. You have people who came here ille- Senator yield? Mr. CRAIG. It is in the law. gally. Perhaps they are in the country, Mr. SESSIONS. Yes. Mr. SESSIONS. For those here ille- perhaps they have already gone back to Mr. CRAIG. The Senator is making a gally and want amnesty to be given their home country, but they have vio- very interesting point. Has the Senator even though they have already violated lated our law by coming here, both in looked at the Bureau of Labor Statis- immigration laws.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3790 CONGRESSIONAL RECORD — SENATE April 18, 2005 Mr. CRAIG. I thank my colleague for No alien granted temporary resident status would have the ability to take you yielding. What is important is the bill under subsection A may be terminated from through arbitration and argue that you be read very thoroughly. Extrapo- employment by any employer during the pe- did not have just cause, and the other lations can be made. But when it says riod of temporary resident status except for one had no such rights, you might fire just cause. 100 hours of work, I think it is impor- the American citizen first, not the for- tant to assume you would only work 1 Then they set up a big process for eigner. hour a day for 100 days. That is not a this. There is a complaint process. The There is another provision I will talk very logical process. subsection sets out a process for filing about later that deals with the filing of I thank the Senator for yielding. complaints for termination without the application. The Senator says they Mr. SESSIONS. I agree with the Sen- just cause. If reasonable cause exists, will be doing background checks. I see ator on that. I will disagree with the the Secretary shall initiate binding ar- nothing in here that provides for back- concept that somehow, by working bitration proceedings and pay the fee ground checks. It requires an applica- here, coming here, and getting a job and expenses of the arbitrator. Attor- tion to be filed to become a temporary you wanted to get when you came, that neys’ fees will be the responsibility of resident. Get this: It can be filed with that is somehow earning something, if each party. The complaint process does two groups who are called ‘‘qualified you did it illegally. You are getting not preclude ‘‘any other rights an em- designated entities.’’ That can be an what you wanted, which was pay for ployee may have under applicable employer group who wants workers to the work. law.’’ come here to work for them, or a labor That is what I would point out. Then, That means they could file under this group. And they are qualified entities. a family would be automatically eligi- process for unjust termination and hire The application is filed with them. ble to come into the country. I don’t a plaintiffs lawyer and sue the business It prohibits giving the application to think there is any dispute about that. for whatever else you want to sue them the Secretary of Homeland Security If a person came here illegally, if for. unless a lawyer has read it first. It says they worked here 18 months and met Any fact or finding made by the arbitrator the entities that receive this applica- those qualifications of 100 workdays, or shall not be conclusive or binding in any sep- tion cannot give it to the Secretary un- 565 hours, I believe—either way, it is arate action— less they are conducting a fraud inves- not very much—they can come even That is the action filed in the court tigation. How would they know to con- though they are not here now. In other by plaintiffs’ lawyer— duct one if they haven’t seen the docu- words, if they did that illegally, or subsequent action or proceeding be- ments? It might be fraudulent. worked here and for some reason went tween the employee and the employer. It is a rather weird idea, is back home, then they are getting a let- I submit to you, by the language of antigovernment, and seems to be far ter from Uncle Sam saying, By the this statute, it would appear they in- more concerned with protecting an ap- way, we know you violated our law but tend for that to be admissible, if not plicant who may be committing fraud we are in a forgiving mood. You can binding. It says not binding but the im- than protecting the security and the come on back and join the process to- plication would be it would be admis- laws of the United States. ward citizenship and bring your family, sible. I yield the floor. Mrs. FEINSTEIN. Mr. President, I too. This means an employer cannot would like to express my opposition to I am not sure that is what we want to allow that arbitration proceeding to go the AgJOBS bill as it is currently do. I don’t think it is what we want to without an attorney. He will have to drafted. do. That is the fundamental of this leg- hire an attorney and go down there because things will go wrong and that This is a very complicated bill. It is islation. a magnet for illegal immigration. It I think that is what you call am- will be used against him in any civil has not been reviewed by the Judiciary nesty. Not only does it give the person action that might take place. They Committee. We do not know how many what they wanted in terms of being have to pay counsel in both places. This section will override State laws people would be affected by it. able to come into the country and get Rather, it has come to the floor as an in America. In Alabama, unless you a job and be paid, that puts them on a amendment to the supplemental appro- enter into a contract that states other- track—unless they get seriously con- priations bill. flicted with the law—to be a permanent wise for employment, your work for an This is not the place for this bill. I resident and then even a citizen, and employer is at will. Contracts of em- believe it is a mistake to pass this bill their children and family can be on ployment at will mean just that: it is on an emergency supplemental that is that same track. the will of either party. Employees can designed to provide help for our mili- That is a big deal. That is what I am quit at will and employers can termi- tary, fighting in extraordinary cir- saying. It is not something we need to nate at will, with cause or without cumstances. be rushing into on this legislation cause, and for no reason, good or bad That is why I cosponsored an amend- today. reason. ment with Senator CORNYN saying that Under section 101(d)(8), entitled ‘‘Eli- That is the way I think it is in most the place to do these amendments is gibility for Legal Services,’’ it is re- States. Certainly that is true in my through the regular order, beginning in quired under the act that free, feder- State. This provision will mean illegal the Immigration Subcommittee of the ally funded legal counsel be afforded, aliens who file for amnesty under the Judiciary Committee. This amendment through the Legal Services Corpora- AgJOBs amendment, after coming here passed by a vote of 61 to 38. tion, to assist temporary workers in illegally in violation of our law, are And that is why I will vote against the application process for adjustment guaranteed to have a job unless they cloture on the AgJOBS bill and on the to lawful permanent resident status. are terminated for just cause. If the other complicated immigration amend- American workers are not always AgJOBS amendment passes, employers ment, the Chambliss-Kyl amendment. available for that. They have to meet of aliens given amnesty will be subject If, however, cloture is invoked, then I other standards such as need and that to forced and binding arbitration re- plan on offering several amendments sort of thing. garding the termination of the alien, that I believe will improve the bill. Also, the act gives several advan- and they will have to cover their legal If these amendments are approved by tages to foreign workers not provided bills for the defense in arbitrations the full body, or are later incorporated to American workers. Look at this. even if the arbitrator finds they had into the bill through an appropriate Section 101(b), rights of aliens grant- just cause to terminate the alien. Judiciary Committee markup, then I ed temporary resident status. I suggest what we are about here is a would be prepared to support the bill. Right here—temporary resident sta- provision for greater protection for a But otherwise, it is my intention to tus. foreign worker, one not only who is vote against the bill. I simply cannot Terms of employment respecting foreign but who previously violated support the bill in good conscience as aliens admitted under this section, A, American law. If you were an employer it is. prohibition. and you need to lay off one person, and I believe the bill as drafted is a huge Quoting: you have two working for you, and one magnet. The Judiciary Committee has

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3791 not had a chance to review it, amend Does anyone doubt that this increase assistance fraud, or abandonment of a it, mark it up. And it does not belong was related to anything but the Presi- child under the age of 10. on a supplemental appropriations bill. dent’s proposal? Of course not. I do not believe we should allow any- We know that people come to this When I raised the concern with the one to apply for a benefit as significant country illegally. authors of the legislation, that this as a green card under this bill if they They come for many different rea- legislation would be a magnet that have committed any crime, let alone sons. Some out of fear of persecution, would attract large numbers, they the two misdemeanors that the bill some for work, all for opportunity. seemed to believe that the fact that currently allows. In 2000, it was estimated that there the bill only applies to those who were The final amendment I am offering were 7 million unauthorized aliens in in this country and working in agri- would prohibit workers who are living this country. And by 2002, this number culture as of December 31, 2004, would outside the United States from apply- had grown to 9.3 million. These are be sufficient to deter people from ille- ing for temporary residence under this Census numbers reported in the CRS gal entry. bill. Report on Immigration, updated 4/08/05. I do not believe that is the case. I The bill allows those living in other In agriculture, approximately 1.25 think people will see that they only countries to apply for benefits under million, or about 50 percent of the agri- need 100 days of work to qualify for this bill—as long as they can dem- cultural work force, are illegal work- temporary residence; they will not be onstrate the appropriate time spent in ers—600,000 of whom live and work in deterred by the operative date, and will agricultural work in the United States California. These numbers are from the say, ‘‘I’ll find a job, work 100 days, and prior to their departure from this coun- Department of Labor. then I’m legal and can bring my fam- try. Many of these workers have been This means that someone could come here for years, have worked hard, ily.’’ The first two of these amendments I to the United States illegally, work brought their families here, and have would like to offer would increase the here illegally, return to their home built their lives here. time someone must demonstrate he or country, and still apply for a green With respect to agricultural work, I card under this bill. This simply makes know that it is extraordinarily dif- she has been in the United States working in agriculture in order to no sense. ficult, if not impossible, to get Ameri- If we are going to give agricultural qualify for temporary and permanent cans to work in agricultural labor. workers a way to adjust their status, residence. I did not believe it. Several years ago let us limit it to those who are living we contacted every welfare office in This would discourage others from coming to this country, and help those and working in this country. the State. And every welfare office in California is the No. 1 agriculture- who have been here for many years. the State told us that once they put a producing State in the Nation. sign up, no one responded. Here is what the first amendment I recognize that this status is based So I think it is the right thing to do would do. In order to qualify for tem- on the hard work of people who have to give the workers who have been here porary residence, workers would have been living on the edges of our society, for a substantial period of time, who to demonstrate that they have worked living in fear, and constantly worried have been working in agriculture, who for at least three years in agricultural about being removed from this coun- have been good members of society, work prior to December 31, 2004. try. and who will continue to work in agri- For each of the 3 years, the worker It is time for the Government to rec- culture, a way to adjust their status. would be required to show 100 work- ognize that these people have made a What I do not support is creating a days, or 575 hours, per year in agri- substantial contribution to our coun- magnet that draws large additional culture. try and offer them a way to adjust numbers of illegal immigration. Not Here is what the second amendment their status. only would this have a detrimental ef- would do. In order to qualify for perma- Remember, there are already 1.25 fect on our society, but it would harm nent residence, a green card, workers million agricultural workers here ille- the people we are trying to help would have to show that they have gally, 600,000 in California. through this bill. worked at least 5 years in agricultural These amendments would con- Here is why: An influx in illegal im- work following enactment of the bill. centrate on their adjustment of status, migrants would flood the labor market, For each of the five years, the worker thereby moving the workers and their make jobs more difficult to find, and would again have to demonstrate 100 families from the shadows and allowing drive down wages. work-days, or 575 hours, per year. them temporary, and subsequently, For those of you who doubt the mag- So by extending the length of time a permanent legal status. net effect, you have only to examine worker needs to have worked both in But I think that we have to be care- what happened when President Bush the past and the future, these amend- ful in how we proceed—if we do it the announced his guest worker proposal ments reduce the incentives for more right way, we can help those who have early last year. illegal immigration. been working in agriculture for many Despite the fact that the President’s The next amendment addresses an- years and who have been good, up- proposal had no path to legalization, other major concern that I have. standing members of society. the mere announcement of the proposal The bill currently allows someone These are the people we should be fueled a rush along the Southwest bor- with one or two misdemeanor criminal trying to help: They have children, der. convictions in the United States to many of whom are born here and are The Los Angeles Time on May 16, apply for temporary residence or a U.S. citizens. They have paid taxes. 2004, reported: ‘‘detentions of illegal green card. I think this is a mistake. Some have bought homes. They have immigrants along the border . . . have So the amendment I am offering worked hard for everything they have risen 30% over the first seven months strikes this language and ensures that gotten. They have been good, produc- of the fiscal year, a period that in- those with criminal records do not tive members of society. cludes the four months since Bush an- qualify for benefits—if they have even But if we do it the wrong way—we nounced his plan.’’ one criminal conviction in the United will actually cause great harm to the Similarly, the San Diego Union Trib- States, or anywhere. agriculture workers who have been une on January 27, 2004, reported: ‘‘U.S. I believe that no one who has a crimi- here for years—we will create a mag- Border Patrol officials report a 15 per- nal conviction should be the recipient net, flooding the borders, pushing down cent increase in the use of fraudulent of temporary residence or a green card wages, and making it more difficult to documents at the world’s busiest land under this program. find work. border crossing [San Ysidro]. And more Misdemeanors include petty theft, These are simple, commonsense than half of those caught using phony simple assault against persons, driving amendments. documents say the president’s offer of under the influence, certain drug of- As I said before, I would have pre- de facto amnesty motivated them to fenses, and misdemeanor battery. ferred to do this in committee where attempt to sneak into the United In some States, they include cases of we could have the time necessary to States.’’ child abuse or domestic abuse, public consider such complicated legislation.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3792 CONGRESSIONAL RECORD — SENATE April 18, 2005 But if we are to pass an agricultural States and simply melt into the land- of the industries that relies on undocu- workers bill, let it be one that helps scape? This bill does not have anything mented workers. You could as easily those who have contributed to our soci- to do with that. It will not fix that file a bill and rather than call it an ety and one that will not cause great problem. Nor does this bill provide ad- AgJOBS bill, you could call it a res- harm to our Nation. ditional resources and equipment to taurant workers bill, or a residential The PRESIDING OFFICER. The Sen- our Border Patrol who, as I indicate, construction workers bill, or a hotel ator from Texas. are outmanned and underequipped. workers bill, or any one of the number Mr. CORNYN. Mr. President, I was This AgJOBS amendment, nor the al- of different industries that has, over looking on our desks at the bill that is ternative offered by Senator CHAMBLISS time, grown to depend on approxi- actually supposed to be the subject of and Senator KYL, does not purport to mately 6 million people who constitute this debate. It is 231 pages long. It pro- deal with the problem of 40 percent of the illegal workforce currently in the vides an emergency appropriation to the illegal immigration in this country United States. help pay for our ongoing global war on coming from overstays. By that I mean This bill does not purport to deal terror. I remind my colleagues that is people who come here legally on a stu- with any of those other industries and the stated purpose for this Senate dent visa or a tourist visa or some thus chooses one over the other in a time. other short-term legal authorization way that I think violates one of the Indeed, last week 60 of my colleagues but simply blow past that deadline and, fundamental principles of American joined me in saying that national secu- here again, become part of that popu- law, and that is that persons similarly rity demands the passage of this bill lation estimated to be somewhere on situated ought to be treated as equally unencumbered by a premature debate the order of 10 million people—al- as possible and not in any favorable or on immigration reform. though we really do not know—who are discriminatory fashion. Listening to our colleague from Ala- currently living in the United States So I think this bill, as premature as bama and others who have spoken to outside of our laws. This bill does not it is, as well intended as it may be, this subject, we are getting a better purport to even address that. does not help us solve a lot of the prob- sense of how complicated this issue is It does not do a better job of helping lems that can only be addressed by and why it is so important, as 61 of us identify who is in our country and why comprehensive immigration reform. It said last week, that we proceed with they are here, why they chose to come actually does harm by violating some this emergency appropriation for the outside of our laws and live in the of our basic principles of equal justice ongoing global war on terror and re- shadows. It does not help us do a better under the law. It is important we deal serve enactment of comprehensive im- job of identifying them and asserting with these problems. I failed to mention one of the prob- migration reform for a few months what their purposes are in our coun- lems is we have approximately 400,000 hence, after we have had a chance to go try—whether they are criminals, absconders present in the country now through the appropriate committees of whether they are potential terrorists, or whether they are people coming here and we simply do not have the ade- the Congress, the Subcommittee on Im- simply to work. quate human or other resources nec- migration, Border Security, and Citi- This AgJOBS bill also does not deal essary to find out where they are and zenship that I chair in the Judiciary with the difficulty involved with em- to show them the way out of the coun- Committee. Chairman SPECTER of the ployers who want to try to ascertain try. Among these absconders, unlike full committee has promised an expe- the legal status of their workforce. It the rest of the population I mentioned, dited markup once we are able to go does not help them by providing them the some 10 million people, are individ- through the regular order and develop a database of workers who are lawfully uals who have been convicted of serious a comprehensive plan. in the country and who are authorized crimes, about 80,000 of them, and who Notwithstanding the sense of the to accept employment. So employers simply have melted into the landscape. Senate by 61 Members that we should have to persist in doing the best they As I say, we have about 400,000 abscond- not engage in this premature debate can in trying to fill the jobs that go ers, including those 80,000, the dif- and risk bogging down this important wanting for lack of workers by hiring ference being those who have simply bill to provide financing to our troops people they perhaps do not know but exhausted all means of appeal and re- in the battlefield, here we are. would have to admit, perhaps in pri- view in our immigration system, who What is it that the problem of this vate conversations, are people who are are under final orders of deportation, bill, the so-called AgJOBS amendment, here illegally outside of our laws. This but who, rather than be deported, have seeks to fix? I suggest it does not pur- bill does not help them one bit. This simply gone underground. Here again, port to fix our porous borders. It does bill does not provide a database of this is another issue this bill does not nothing to provide additional resources workers who are actually authorized to deal with that comprehensive immigra- to our beleaguered Border Patrol and work and who are legally present in tion reform would and that we should. others who are doing the very best the country. What I fear will happen, because it they can to try to secure our borders. My point is, there are a lot of prob- may be tempting to try to fix our im- We know not only do people come lems that confront our national secu- migration problems on a piecemeal across those borders to work, but the rity, a lot of problems that confront basis, is piecemeal solutions and ef- same people who will smuggle those our immigration system that need to forts will risk undermining the larger workers across the border are the same be addressed that are not addressed in effort and the need to enact com- people who can smuggle terrorists or this legislation. To the contrary, rath- prehensive reform. Indeed, I would ven- criminals or others who want to do us er than trying to address immigration ture a guess that if the AgJOBS bill ill across those borders. So AgJOBS, reform comprehensively, rather than were successful, or even if the alter- just so everyone understands, does not trying to improve our border security, native offered by the Senator from purport to deal with that problem. our homeland security, by knowing Georgia and the Senator from Arizona Does this bill purport to deal with who is in our country and why, rather were to be successful, there would be another glaring deficiency we have; than providing us a better means of many in this Chamber, and perhaps that is, a lack of detention facilities identifying those who, although they around this country, who would say: for those people our Border Patrol do begin in this country legally, overstay OK, now we have finished that job. We catch and detain at the border so we do their time and become part of the pop- do not need to look at any further im- not have to continue in what is some- ulation that is here illegally, rather migration reform. times called a catch and release pro- than help employers, this bill does The only problem with that is they gram where detainees, people who cross none of that. Instead, what it does is it would be wrong, given the glaring prob- illegally are detained but because we deals with one segment of the industry lems that do exist in our country and do not have adequate facilities are re- that has grown to depend on undocu- the challenges to our national security leased and they merely try again, and mented workers, and that is the agri- and our ability to look ourselves in the perhaps try and try and try until they culture industry. mirror and say, yes, we are a nation of finally make their way across the bor- While I am sympathetic to their con- laws, when, in fact, we have such law- der and into the interior of the United cerns, the problem is that it is only one lessness existing among us for any one

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3793 of us to see, if we take the time to look The reasons the current provisions of the alternative offered by the Senators at it. the law which deal with agricultural from Georgia and Arizona, but at the Well, besides dealing with one indus- workers have been unsuccessful are, same time to say, you are more than try, the AgJOBS bill also has some No. 1, because the caps are set too low welcome, as we work together for com- very troublesome provisions which I and, No. 2, because it has become so bu- prehensive reform, to work with us. We think undermine its claimed status as reaucratic and burdened by regulation will try to meet you halfway in work- a temporary worker provision. Indeed, that it basically is not a viable altering out a consensus on this very tough an estimated 860,000 illegal alien agri- native for the agricultural industry, and complex but important issue that cultural workers could qualify, and it and growers have come to expect exces- should not be handled in the way they also permits them to bring their sive litigation as a result, which this have proposed to handle it. spouses and children, which could bring AgJOBS bill would do nothing to fix I yield the floor and suggest the ab- the total number of AgJOBS bene- but would aggravate. sence of a quorum. ficiaries to as many as 3 million peo- Let me speak briefly about the bill The PRESIDING OFFICER. The ple. Senators KYL and CHAMBLISS have of- clerk will call the roll. Now, the interesting thing about that fered today. It does compare favorably The legislative clerk proceeded to is it does not stop at the people who with some of the provisions in the call the roll. are already here who came into the AgJOBS bill because it does not pro- Mr. ISAKSON. Mr. President, I ask country in violation of our laws. An- vide for amnesty. It does not provide a unanimous consent that the order for other startling provision of this bill ac- path to U.S. citizenship automatically the quorum call be rescinded. tually invites back to the United ahead of all of the other people who The PRESIDING OFFICER. Without States certain aliens who were here il- have played by the rules and who have objection, it is so ordered. legally and who performed the req- applied in the regular course of our AMENDMENT NO. 429 uisite 100 hours of agricultural work laws. It has many of the same failings Mr. ISAKSON. I ask unanimous con- between July 2003 and December 2004 I mentioned earlier about being a par- sent to temporarily set aside the but who have already left. These aliens tial solution to a real and comprehen- amendment, and I ask that we call up would be allowed, under this AgJOBS sive problem. amendment No. 429. bill, to drop off a ‘‘preliminary applica- I hope my colleagues will recall the The PRESIDING OFFICER. Without tion’’ at a designated port of entry vote they cast just last week, when 61 objection, it is so ordered. along the southern land border, pick up of us voted on a sense of the Senate to The clerk will report. a work permit, and reenter the United say that this appropriations bill, pro- The legislative clerk read as follows: States. viding emergency funds for the The Senator from Georgia [Mr. ISAKSON] So not only are we dealing with peo- proposes an amendment numbered 429. warfighters, the people risking their ple who are here now but people who very lives to defend us in the global Mr. ISAKSON. Mr. President, I ask were here illegally and who have left. war on terrorism, ought to take the unanimous consent that further read- We are now saying: Come on back and front seat and that we ought to reserve ing of the amendment be dispensed pick up a work permit and reenter this comprehensive immigration reform to with. pathway toward full American citizen- a later date and not slow this bill down The PRESIDING OFFICER. Without ship ahead of all of the other people because of that. objection, it is so ordered. who are playing by the rules and wait- Having not resisted the temptation (The amendment is printed in the ing in line. That is wrong. RECORD of April 14, 2005 under ‘‘Text of Another provision of this bill which I to get embroiled in an immigration debate, I hope our colleagues will listen Amendments.’’) have some concerns about is entitled Mr. COCHRAN. Mr. President, I ask carefully to the half solutions and the ‘‘Eligibility for Legal Services,’’ which unanimous consent that at 5:30 today special interest legislation this rep- requires free, federally funded legal the Senate proceed to a vote in rela- resents. I don’t begrudge employers counsel be afforded—that is, paid for— tion to the Byrd amendment No. 464, who need workers from trying to find a by American taxpayer dollars through with no second-degree amendments in legal solution to that. I am for doing the Legal Services Corporation to as- order to the amendment prior to the that but on a comprehensive basis, not sist temporary workers in the applica- vote. It has been cleared on both sides. tion process for legal permanent resi- just an industry-specific basis and par- The PRESIDING OFFICER. Without dency. ticularly not on a basis that provides objection, it is so ordered. Not only does this bill deal with a additional benefits to these workers in Mr. ISAKSON. Mr. President, given specific industry and ignore the rest of the form of amnesty that they would the pending time prior to the vote we the industries that have come to rely, not otherwise be entitled to and denies will have in a few minutes, I ask unani- in significant part, on undocumented other people equal opportunity to par- mous consent to address the Senate as workers, this invites into our country ticipate in a temporary worker pro- in morning business for 2 minutes. the spouses and children of these work- gram. The PRESIDING OFFICER. Without ers—a total of some 3 million people As complicated as this issue is and as objection, it is so ordered. potentially. And these workers, of important as the debate is, now is not (The remarks of Mr. ISAKSON are course, will not be here temporarily if the time to be engaging in it. Certainly printed in today’s RECORD under they are essentially setting up home in now is not the time to pass a partial ‘‘Morning Business.’’) the United States. solution which will undermine our abil- Mr. COCHRAN. Mr. President, I sug- There is a difference between an ap- ity to get comprehensive immigration gest the absence of a quorum. proach that says we will set up a reform done. The PRESIDING OFFICER. The framework for people to come and It is my distinct impression that clerk will call the roll. work but then return to their country, there is a big difference between the The legislative clerk proceeded to which is truly a temporary worker pro- thinking on the part of the advocates call the roll. gram, and one such as this which says, of the AgJOBS bill in this Chamber and Mr. COCHRAN. Mr. President, I ask don’t just work and return, but work our colleagues on the other side of the unanimous consent that the order for and stay and break in ahead of the line Capitol. Realistically, as part of this the quorum call be rescinded. of all the other people who have ap- emergency appropriations bill, to get The PRESIDING OFFICER. Without plied to come to this country legally, the warfighters what they need in objection, it is so ordered. even though you have chosen to do so order to do the job we have asked them AMENDMENT NO. 464 otherwise. Beyond that, we are going to do and which they volunteered to The PRESIDING OFFICER. The to provide you with a free lawyer. do, I cannot see the other Chamber question is on agreeing to amendment I think it is not a stretch to say the agreeing to this ill-considered and pre- No. 464 offered by the Senator from AgJOBS bill will invite even more law- mature immigration legislation at this West Virginia, Mr. BYRD. suits since it expands the ability of the time. Mr. COCHRAN. Mr. President, I ask Legal Services Corporation to sue I urge my colleagues to vote against for the yeas and nays on the amend- growers in several areas. both the AgJOBS bill, to vote against ment.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3794 CONGRESSIONAL RECORD — SENATE April 18, 2005 The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- Agency that any unjustified, unsupported, or sufficient second? ator from West Virginia. questionable cost for which an amount pay- There appears to be a sufficient sec- Mr. BYRD. Mr. President, I ask unan- able was withheld under subsection (b) has ond. imous consent that the pending amend- been justified, supported, or answered, as the case may be, the Secretary of Defense may The clerk will call the roll. ment be set aside so I might call up the The legislative clerk called the roll. release such amount for payment to the con- amendment at the desk, No. 463. tractor concerned. Mr. FRIST. The following Senators The PRESIDING OFFICER. Is there were necessarily absent: the Senator (d) In each report or update submitted objection? Without objection, it is so under subsection (a), the Secretary of De- from Missouri, (Mr. BOND), the Senator ordered. fense shall describe each action taken under from Montana, (Mr. BURNS), and the AMENDMENT NO. 463 subsection (b) or (c) during the period cov- Senator from Kentucky, Mr. MCCON- Mr. BYRD. Mr. President, I send an ered by such report or update. NELL. amendment to the desk. Further, if present and voting, the Mr. BYRD. Mr. President, with this The PRESIDING OFFICER. The Senator from Montana (Mr. BURNS) supplemental appropriations bill, Con- clerk will report. would have voted ‘‘nay.’’ gress will have appropriated $300 bil- The legislative clerk read as follows: Ms. STABENOW. I announce that the lion for military operations and recon- The Senator from West Virginia [Mr. Senator from Delaware (Mr. BIDEN), struction activities in Iraq and Afghan- BYRD] proposes an amendment numbered 463. the Senator from Illinois, (Mr. DUR- istan. That is an enormous sum of BIN), the Senator from Massachusetts Mr. BYRD. Mr. President, I ask unan- money. We say it is for the troops in (Mr. KERRY), the Senator from Lou- imous consent that reading of the the field, for armor, weapons, equip- isiana (Ms. LANDRIEU), and the Senator amendment be dispensed with. ment, and other mechanisms necessary from Illinois (Mr. OBAMA), are nec- The PRESIDING OFFICER. Without to wage a war. But a significant por- essarily absent. I further announce objection, it is so ordered. tion does not make it to the troops. that, if present and voting, the Senator The amendment is as follows: Much of it goes to defense contractors, from Illinois (Mr. DURBIN) and the Sen- (Purpose: To require a quarterly report on corporate giants such as Halliburton audits conducted by the Defense Contract ator from Illinois (Mr. OBAMA) would that profit from the military oper- Audit Agency of task or delivery order each vote ‘‘aye.’’ ations and defense expenditures of the contracts and other contracts related to U.S. Government. The PRESIDING OFFICER (Mr. security and reconstruction activities in CORNYN). Are there any other Senators Iraq and Afghanistan and to address irreg- Halliburton reportedly has been in the Chamber desiring to vote? ularities identified in such reports) awarded $11 billion in Iraq contracts. The result was announced—yeas 61, On page 169, between lines 8 and 9, insert The war in Iraq may symbolize a time nays 31, as follows: the following: of sacrifice for American families, but [Rollcall Vote No. 96 Leg.] AUDITS OF DEFENSE CONTRACTS IN IRAQ AND for some—not all but for some—defense YEAS—61 AFGHANISTAN contractors, the cold, hard truth is Akaka Dorgan Nelson (NE) SEC. 1122. (a)(1) Not later than 90 days after that Iraq has become an opportunity to Allen Feingold Pryor the date of the enactment of this Act, the reap an enormous profit from Ameri- Baucus Feinstein Reed Secretary of Defense, in consultation with can’s decision to send America’s sons Bayh Hagel Reid the Director of the Defense Contract Audit Bennett Harkin Rockefeller and daughters into war. It is incum- Bingaman Hatch Agency, shall submit to the Committee on bent upon the Congress to be diligent Salazar Appropriations and the Committee on Armed Boxer Hutchison Sarbanes Services of the Senate and the Committee on in how these moneys are allocated to Byrd Inouye Schumer Cantwell Jeffords defense contractors. It is incumbent Smith Appropriations and the Committee on Armed Carper Johnson upon the Congress to be thorough in its Snowe Services of the House of Representatives a Chafee Kennedy Specter report that lists and describes audits con- oversight and to be meticulous in its Clinton Kohl ducted by the Defense Contract Audit Agen- Coburn Lautenberg Stabenow accounting. Coleman Leahy Stevens cy of task or delivery order contracts and The administration has submitted Collins Levin Sununu other contracts related to security and re- five emergency supplemental spending Conrad Lieberman Talent construction activities in Iraq and Afghani- Corzine Lincoln Thune stan. bills for Iraq and Afghanistan. The size Craig McCain Voinovich (2) The Secretary of Defense shall identify of these supplemental requests is mas- Crapo Mikulski Warner in the report submitted under paragraph sive, exceeding $80 billion this year, $25 Dayton Murray Wyden (1)— million last year, and $160 billion the Dodd Nelson (FL) (A) any such task or delivery order con- year before that. Most of these costs NAYS—31 tract or other contract that the Director of are being considered outside the checks Alexander Domenici Lugar the Defense Contract Audit Agency deter- and oversight of the regular budget and Allard Ensign Martinez mines involves costs that are unjustified, un- appropriations process. It is a con- Brownback Enzi Murkowski supported, or questionable, including any Bunning Frist Roberts charges assessed on goods or services not fusing and, at times, a beguiling proc- Burr Graham Santorum provided in connection with such task or de- ess that results in enormous sums of Chambliss Grassley Sessions livery order contract or other contract; and money flowing to contractors in Iraq, Cochran Gregg Shelby (B) the amount of the unjustified, unsup- oftentimes without adequate oversight. Cornyn Inhofe Thomas DeMint Isakson ported, or questionable costs and the per- Vitter Such a process invites waste, abuse, DeWine Kyl centage of the total value of such task or de- and fraud. Dole Lott livery order contract or other contract that I don’t belittle the role of defense NOT VOTING—8 such costs represent. (3) The Secretary of Defense shall submit contractors in Iraq. I belittle the cir- Biden Durbin McConnell to the Committee on Appropriations and the cumstances that the administration Bond Kerry Obama has fostered. I belittle the suspicion Burns Landrieu Committee on Armed Services of the Senate and the Committee on Appropriations and that this administration has created by The amendment (No. 464) was agreed the Committee on Armed Services of the veiling its contractor negotiations in to. House of Representatives an update of the secrecy, and the whirlwind of allega- Mr. COCHRAN. Mr. President, I move report submitted under paragraph (1) every tions of misconduct and fraud that the to reconsider the vote. 90 days thereafter. Mr. BYRD. I move to lay that motion (b) In the event that any costs under a con- administration has invited by not shar- on the table. tract are identified by the Director of the ing information with the people of the The motion to lay on the table was Defense Contract Audit Agency as unjusti- United States, the American public. agreed to. fied, unsupported, or questionable pursuant The American people have good rea- Mr. REID. Mr. President, the Sen- to subsection (a)(2), the Secretary of Defense son to question the costs emanating shall withhold from amounts otherwise pay- ators from Illinois, Mr. DURBIN and Mr. from contractors in Iraqi oil fields and able to the contractor under such contract a Iraqi communities. OBAMA, are necessarily absent today to sum equal to 115 percent of the total amount attend the dedication and opening of of such costs. Three separate Government auditors the Abraham Lincoln Presidential Li- (c) Upon a subsequent determination by have criticized contractor waste in brary and Museum in Springfield, IL. the Director of the Defense Contract Audit Iraq. Government investigators point

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3795 to unsubstantiated costs and to sloppy ing outrageous prices to provide fuel The PRESIDING OFFICER. Without accounting. Fortune magazine’s anal- for Iraqis and meals for American objection, it is so ordered. ysis of Government reports found $2 troops.’’ The amendment is as follows: billion of unjustified or undocumented Our constituencies, the people who (Purpose: Relating to the aircraft carriers of charges. The Pentagon’s Defense Con- send us here, are crying out for Con- the Navy) tract Audit Agency has cited inadequa- gress to assume a stronger oversight On page 169, between lines 8 and 9, insert cies and deficiencies in contractor bill- role and to assure them, the people, the following: ing systems, along with unreasonable that their moneys are being spent wise- AIRCRAFT CARRIERS OF THE NAVY and illogical cost justification. The ly. The amendment I have offered SEC. 1122. (a) FUNDING FOR REPAIR AND Wall Street Journal reports that Pen- today does exactly that. My amend- MAINTENANCE OF U.S.S. JOHN F. KENNEDY.— tagon auditors are investigating ment requires the Defense Secretary to Of the amount appropriated to the Depart- whether Halliburton overcharged tax- provide the Committee on Appropria- ment of the Navy by this Act, and by the De- payers by $212 million for delivering tions and the Armed Services Com- partment of Defense Appropriations Act, 2005 fuel to Iraq. mittee with a quarterly report that (Public Law 108–287; 118 Stat. 954), an aggre- Questions have arisen in the House of lists and describes questionable and un- gate of $288,000,000 may be available only for repair and maintenance of the U.S.S. John F. Representatives about why these costs supported contractor charges identified by Pentagon auditors for Iraq and Af- Kennedy, and available to conduct such re- had been concealed from international pair and maintenance of the U.S.S. John F. auditors. The Government Account- ghanistan. The amendment requires Kennedy as the Navy considers appropriate ability Office has cited the risks of in- the Defense Secretary to withhold 100 to extend the life of U.S.S. John F. Kennedy. adequate cost controls for contractors percent of the payment for these (b) LIMITATION ON REDUCTION IN NUMBER OF in Iraq. The Coalition Provisional charges and to assess a penalty by ACTIVE AIRCRAFT CARRIERS.—No funds appro- Authority’s inspector general cited withholding an additional amount priated or otherwise made available by this millions of dollars in overcharges from equal to 15 percent of the unsupported Act, or any other Act, may be obligated or expended to reduce the number of active air- Halliburton employees indulging them- charge. If Pentagon auditors can verify the charges assessed by the contractor, craft carriers of the Navy below 12 active air- selves at the Kuwait Hilton. Imagine craft carriers until the later of the following: U.S. soldiers in the field forced to sur- that they are justifiable, then the De- (1) The date that is 180 days after the date vive on military rations and suffering fense Secretary can release the pay- of the submittal to Congress of the quadren- the unbearable heat of the desert while ment. nial defense review required in 2005 under Halliburton employees enjoy the My amendment is common sense. We section 118 of title 10, United States Code. breakfast buffet in an air-conditioned ought not to be paying for services (2) The date on which the Secretary of De- Hilton. that have not been rendered. The fense, in consultation with the Chairman of The House Government Reform Com- American people ought not be paying the Joint Chiefs of Staff, certifies to Con- for services that have not been ren- gress that such agreements have been en- mittee reported hundreds of millions of tered into to provide port facilities for the dollars in waste by some contractors. A dered. The American people ought not be paying more than a fair market permanent forward deployment of such num- glance at the committee Web site re- bers of aircraft carriers as are necessary in veals tens of millions of dollars in price. The American people ought not the Pacific Command Area of Responsibility questionable charges—task order after allow contractors to think they can to fulfill the roles and missions of that Com- task order showing $86 million in unex- hoodwink the American citizen and get mand, including agreements for the forward plained charges, $34 million in unsup- away with it. deployment of a nuclear aircraft carrier ported costs, $36 million in unjustified The American public is being asked after the retirement of the current two con- to sacrifice to pay for this war. The ventional aircraft carriers. expenditures, and so on and so on. In- (c) ACTIVE AIRCRAFT CARRIERS.—For pur- credibly, the Defense Department— President’s budget cuts investments in education, in health care, in domestic poses of this section, an active aircraft car- your Defense Department, my Defense rier of the Navy includes an aircraft carrier Department—is paying these charges, priorities that impact every State of that is temporarily unavailable for world- even though their own auditors are the Union in order to pay for these wide deployment due to routing or scheduled telling them that the charges are un- military and reconstruction activities. maintenance. justified. Congress ought to ensure—that is us— Mr. WARNER. I am joined by the dis- One example reported in the Wall we ought to ensure that sacrifice is not tinguished Senator from Florida, Mr. Street Journal: Halliburton’s Kellogg, wasted. We ought to slap the knuck- NELSON, Senator ALLEN, Senator MAR- Brown & Root charged taxpayers for les—and slap them hard—of any con- TINEZ, Senator TALENT, and Senator dining facility services in Iraq and Ku- tractor, whether because of sloppy ac- COLLINS. I am prepared to give my wait. Pentagon auditors flagged $200 counting or because of outright fraud, statement in support. million of unsupported costs—that is a that results in the American taxpayer I see the Senator from Vermont. lot of money—$200 million of unsup- being bilked. Mr. LEAHY. Mr. President, if the ported costs, but the Defense Depart- I urge my colleagues to support the Senator will yield, the Senator from ment released $145 million in com- amendment. I urge its adoption. California, Mrs. BOXER, and I are wait- I yield the floor. ing to speak about the tragic death of pensation to Kellogg, Brown & Root de- The PRESIDING OFFICER. The Sen- spite auditors’ reservations and despite Marla Ruzicka over the weekend in the ator from Virginia. form of eulogies. I don’t want to inter- Halliburton’s inability to justify the Mr. WARNER. Mr. President, I ask rupt the work of the distinguished sen- charge. my distinguished colleague from West ior Senator from Virginia, but when he It is the taxpayers—you people out Virginia if it would be in order to lay is finished I am going to seek the there watching through those lenses, the amendment aside so I can send to floor—both Senator BOXER and I—to those electronic lenses, watching the the desk another amendment. Senate floor, I am talking about you— Mr. BYRD. I have no objection. give the eulogies, which will not take a it is the taxpayers, your constituents, great deal of time, but they are impor- AMENDMENT NO. 499 tant. Mr. President, my constituents, who Mr. WARNER. Mr. President, I send Mr. WARNER. I think the Senator is are being charged for this tripe. It is amendment No. 499 to the desk. they who must bear the costs of such The PRESIDING OFFICER. The asking that he be recognized at the rip-offs. It is your money. clerk will report. conclusion of the introduction of this Our constituents read in the news- The legislative clerk read as follows: amendment. Senator NELSON and I will papers how lucrative contracts are The Senator from Virginia [Mr. WARNER], be brief to accommodate our col- awarded without competition, how for himself, Mr. NELSON of Florida, Mr. leagues. enormous rewards are handed to cam- ALLEN, Mr. TALENT, Ms. COLLINS, and Mr. Mr. President, this amendment en- paign donors. Mention the name Halli- WARNER, proposes an amendment numbered sures that all necessary repair and burton, and, as Fortune magazine 499. maintenance be accomplished on the quips, an image flashes in the public’s Mr. WARNER. Mr. President, I ask USS John F. Kennedy to keep that ship mind of ‘‘a giant corporation engaged unanimous consent further reading of in active status. The amendment also in shameless war profiteering—charg- the amendment be dispensed with. requires the Navy to keep 12 aircraft

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3796 CONGRESSIONAL RECORD — SENATE April 18, 2005 carriers until the later of several situa- Nowhere is naval power more impor- in the experience of Pearl Harbor: Keep tions comes to the attention of the tant to the National Military Strategy your assets spread out. Senate and the Congress: 180 days after than in the Pacific Command Area of I am very grateful to Senator WAR- the next Quadrennial Defense Review is Responsibility. NER, who has offered this amendment delivered to Congress, or the Secretary After retirement of the USS Kitty for the sake of the defense of our coun- of Defense has certified to Congress the Hawk in fiscal year 2008, the Kennedy, try. And for the sake of those of us who necessary agreements have been en- if retained, would be the last remaining have been working this problem, we are tered into to provide the port facilities conventional aircraft carrier. very grateful in order to get this in for the permanent forward deployed This amendment ensures we have the front of the Senate so a policy decision aircraft carriers deemed necessary to aircraft carriers necessary to keep this can be made. carry out the mission in their area of area of the world covered until such Mr. President, I yield the floor. responsibility. time that the QDR, the Global Posture Mr. WARNER. Mr. President, I ask The ship, the USS Kennedy, was Review, and other uncertainties have for the yeas and nays on the amend- scheduled to start overhaul this com- been resolved. ment. ing summer. There was $334.7 million I ask my colleagues to support this The PRESIDING OFFICER. Is there a authorized and appropriated in the fis- amendment. sufficient second? cal year 2005 for that purpose. So none Mr. President, the CNO appeared be- There appears to be a sufficient sec- of the funds in the underlying bill in fore our committee here of recent. ond. any way are garnered by this amend- Now I will yield to my distinguished The yeas and nays were ordered. ment. colleague from Florida, who was The PRESIDING OFFICER. The Sen- In the last-minute budget cut in late present during the course of that testi- ator from Vermont. December, the decision was made by mony, to insert that part which was in Mr. SESSIONS. Will the Senator the Department of Defense to defer open session, which I think we should from Vermont allow me the oppor- maintenance and to decommission the share with our colleagues. Mr. Presi- tunity to offer an amendment? I do not Kennedy. dent, I see the distinguished Senator know how long he will be speaking. The Chief of Naval Operations testi- from Florida, my principal cosponsor. Mr. LEAHY. Mr. President, am I cor- fied before the Senate Armed Services The PRESIDING OFFICER. The Sen- rect that the Senator from Alabama Committee on February 10 of this year ator from Florida. only needs a minute or so? that all 12 aircraft carriers were in his Mr. NELSON of Florida. Mr. Presi- Mr. SESSIONS. Less than that. original budget request. He stated, dent, because Senator LEAHY is waiting Mr. LEAHY. Mr. President, I will however, that ‘‘this action was driven to speak, I will make very brief com- withhold my recognition so he can do by guidance’’ from the office of Man- ments. The comments to which the dis- that. Mr. SESSIONS. Mr. President, I agement and Budget that ‘‘led to the tinguished chairman of the Senate Armed Services Committee has re- thank the distinguished Senator. reduction of our overall budget.’’ The PRESIDING OFFICER. The Sen- That repair and maintenance should ferred is the Chief of Naval Operations ator from Alabama is recognized to go forward, starting this summer as saying it is absolutely essential that he have a carrier home ported in Japan. offer an amendment. originally planned. It is premature to Mr. SESSIONS. Mr. President, I ask The fact is, as he projects his forces in decommission this ship, which was unanimous consent that the pending the defense of our country in the Pa- until this past December scheduled to amendments be set aside. cific area of operations, he needs a car- remain in the fleet until 2018. The PRESIDING OFFICER. Without rier in that region so if it has to re- The great ship, the John F. Kennedy, objection, it is so ordered. returned from deployment on Decem- spond to an emergency, say, off of the AMENDMENT NO. 456 ber 13, 2004. I understand the ship is in coast of Taiwan, it is within a day and good shape. In fact, in the words of the a half of sailing to respond to the emer- Mr. SESSIONS. Mr. President, I call battle group commander, whose flag- gency instead of a week’s sailing from up amendment No. 456. The PRESIDING OFFICER. The ship was the Kennedy, the ship re- a port on the west coast of the United clerk will report. turned from deployment in ‘‘out- States. The legislative clerk read as follows: standing material condition.’’ Now, how all this ties in to the John The primary analytical document on F. Kennedy is that we do not know at The Senator from Alabama [Mr. SESSIONS] proposes an amendment numbered 456. military force structure is the Quad- this point that the Government of rennial Defense Review, or QDR. The Japan—since so much of this decision Mr. SESSIONS. Mr. President, I ask QDR is, in the end, a compilation of de- is influenced by the municipal govern- unanimous consent that reading of the tailed analyses of what the Nation re- ment in the region of the port—is going amendment be dispensed with. quires to execute the National Military to receive a nuclear carrier. Therefore, The PRESIDING OFFICER. Without Strategy. when the present, conventionally pow- objection, it is so ordered. I believe Congress should show re- ered carrier, the Kitty Hawk, in Japan, The amendment is as follows: straint when it comes to making force is ready to go out of service in 2008, if (Purpose: To provide for accountability in structure decisions, and only do so in Japan’s posture is they will not accept the United Nations Headquarters renovation project) the context of the reports and the anal- a nuclear carrier, then we do not have yses produced by the Department of another one that could replace it. On page 183, after line 23, insert the following: Defense and such other reports that So what the distinguished chairman UNITED NATIONS HEADQUARTERS RENOVATION may be relevant. In this case, however, of the Armed Services Committee is LOAN the analyses that are available to us suggesting in this amendment that SEC. 2105. (a) Notwithstanding any other supports a force structure of 12 aircraft many of us are sponsoring with him is provision of law, and subject to subsection carriers, not 11. to keep alive the John F. Kennedy (b), no loan in excess of $600,000,000 may be I also believe that, at some point, the through its drydocking, with the funds made available by the United States for ren- number of aircraft carriers matters. If that have already been appropriated, ovation of the United Nations headquarters the aircraft carrier is not where the the $335 million, of which there are building located in New York, New York. President needs it to be when a crisis some $287 million left, to go on through (b) No loan may be made available by the erupts, its capabilities, however awe- the overhaul process so we have it as a United States for renovation of the United some, are not very meaningful. backup. Nations headquarters building located in New York, New York until after the date on The deliberations on the next QDR This, of course, also keeps us then which the President certifies to Congress have already begun, in accordance with with two major ports for carriers on that the renovation project has been fairly the law, and it should be delivered by the east coast so that all of our east and competitively bid and that such bid is a this time next year. It may show, with coast carrier assets are not in one port. reasonable cost for the renovation project. analytical rigor, that the number of In this era of terrorism, that clearly is Mr. SESSIONS. Mr. President, I ask aircraft carriers can be reduced. It may one of the lessons we should have unanimous consent that the amend- not. learned way back in December of 1941 ment be set aside.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3797 The PRESIDING OFFICER. Without knew we not only had a moral respon- the problem of civilian casualties, she objection, it is so ordered. sibility to those people who had suf- decided to go hear what they would Mr. SESSIONS. Mr. President, I yield fered because of the mistakes of the say. After the hearing was over, obvi- the floor. United States, we also had an interest ously disappointed that the issue she The PRESIDING OFFICER. The Sen- in mitigating the hatred, the resent- cared so deeply about hadn’t even been ator from Vermont. ment toward Americans that those in- mentioned, Marla walked straight up Mr. LEAHY. Mr. President, I ask cidents had caused. to Secretary Rumsfeld at the witness unanimous consent that the Senator It was Marla’s initiative—going to table and started talking to him. from California, Mrs. BOXER, be recog- Afghanistan, meeting those families, He heads down the hallway; she nized following me, and that the two of getting the media’s attention, coming heads down the hallway with him. I us be recognized as in morning business back here and meeting with me and can imagine what the security people to speak about the tragic death this Tim and others—that led to the cre- felt. She followed him right outside to weekend of Marla Ruzicka. ation of a program that has contrib- his car, and she did not stop talking to The PRESIDING OFFICER. Hearing uted more than $8 million for medical him about the families of civilians she no objection, it is so ordered. assistance, or to rebuild homes, provide had met who had been killed and in- MARLA RUZICKA loans to start businesses, and provide jured and the need to do something to Mr. LEAHY. Mr. President, I join my other aid to innocent Afghan victims of help them. good friend, the Senator from Cali- the military operations. Anybody who knew Marla can see fornia, in paying tribute to a remark- From Afghanistan, Marla went to that. Secretary of Defense? Secretary able young woman from Lakeport, CA, Iraq. She arrived, as I recall, a day or of State, Senator, it didn’t make any difference. She had a story to tell and, Marla Ruzicka. two after Saddam’s statue fell. She and There are times when we are called her Iraqi colleague, Faiez Ali Salem, by golly, you were going to hear that upon to give speeches such as this on who died at the same time, the same story. You could run down the hall, the floor. They are never easy. Some- place as Marla, organized dozens of you could go to the elevator, but you were going to hear her story. She was times they are speeches given about Iraqi volunteers to conduct surveys not someone who was easy to say no to. somebody at the end of a long and full around the country of civilian casual- Not easy? It was almost impossible life. Here we are speaking about a ties. Then she returned to Washington to say no to her. That was not simply young woman at the beginning of a life and again her efforts—I have to empha- because she was insistent. We all have already full but with promise for dec- size, her efforts, her personal efforts, insistent people who come to our of- ades to come. her pounding on doors, her going per- fices. We have all developed ways to Marla was the founder of a humani- son to person with her irrepressible en- say no. But in her case, she was not tarian organization called Campaign ergy—led to the creation of a program just insistent, she was credible. She for Innocent Victims in Conflict which now known as the Civilian Assistance had been there. She knew what the war is devoted to helping the families of Af- Program which has provided $10 mil- was about. She had seen the tragic re- ghan and Iraqi citizens who have been lion to the families and communities of sults, and she was not about blaming killed or suffered other losses, such as Iraqi citizens killed by the U.S. and anyone. She wasn’t there to blame oth- their homes destroyed, businesses de- other coalition forces—another $10 mil- ers. She just said: Look, there are peo- stroyed, as a result of U.S. military op- lion was allocated for this program last ple who need help. I want to help in erations. We know such suffering oc- week—all by this happy, young woman whatever way I can. curs no matter how careful the mili- you see depicted here, sitting with the That is what made it different. She tary may be. people she helped. saw her work as part of the best of But Saturday, Marla died in Bagh- To my knowledge, this is the first what this country is about. It was the dad. She died from a car bomb, a car time we have ever provided this type of face of a compassionate America she bomb not directed at her but directed assistance to civilian victims of U.S. believed in. She wanted the people of at a convoy. She was doing the work military operations. It would never Afghanistan and Iraq to see the face of she loved and which so many people have happened without the initiative, the America she believed in, a compas- around the world admired her for. She the courage, the incomparable force of sionate, humanitarian face. was on her way to help somebody else. character of Marla Ruzicka. It took time for some of us to realize It was the case of being at the wrong In my 31 years as a Senator, I have she was not just a blond bundle of en- place at the wrong time. But it was not met a lot of interesting, accomplished ergy and charisma, which she was, but unusual because she had risked her life people from all over the world, as all of she was also a person of great intellect so many times in Afghanistan and Iraq. us do—Nobel Prize recipients, heads of and courage who realized she wanted to I met Marla 3 years ago when she State, people who have achieved re- help more victims. It wasn’t enough to first came to Washington. She was markable and even heroic things in protest; that you can do easily. She barely 26 years old. She had been in Af- their lives. I have never met anyone needed to work with people who could ghanistan. She had seen the effects of like Marla. She made sure we knew help her do it. Of course, that meant the U.S. bombing mistakes that de- what she was doing and how we could the Congress, the U.S. military, the stroyed the homes and lives of inno- help. Tim Rieser received an e-mail U.S. Embassy, the press, everybody cent Afghan citizens. In one or two in- from her within an hour of the time else involved. She understood that. So cidents, wedding parties had been she was killed. He sent it on to me dur- she put aside politics and focused on bombed. In others, the bombs missed ing the middle of the night, Saturday the victims. But she made sure the their targets and instead destroyed night, with the photographs of Marla Congress, the U.S. military, the U.S. homes and neighborhoods. and the little girl she had helped. Embassy and the press and everybody I remember one incident she spoke of I know how both my wife Marcelle else heard from her. It didn’t take long where every member of a family—16 and I felt, looking at those pictures, before the U.S. military saw the impor- people—was killed except a young child knowing we would never see another. tance of what she was doing and they and that child’s grandfather. These There are so many stories about her, started to help. There were several were the cases Marla spoke about. She and some of them are being recounted civil affairs officers with whom Marla spoke about them passionately because now in the hundreds of press articles worked as a team. She would find the she felt passionately that the United that have appeared in just the past 48 cases. They would arrange for the States should help those families put hours. plane to airlift a wounded child to a their lives back together. One story I remember the day after hospital or some other type of assist- She met with me. She met in my of- Marla arrived in Washington from ance. She became one of our most be- fice with Tim Rieser, who works on ap- Kabul. She had heard there was a hear- loved ambassadors because she was propriations for me in the Foreign Op- ing in the Senate where Secretary doing what our ambassadors want to erations Subcommittee. It did not take Rumsfeld and General Franks were do—put the good face, the humani- her long to convince either Tim or my- going to testify. Thinking, perhaps a tarian face, the loving and caring face self that she was so obviously right. We bit naively, that they might talk about of America first and foremost.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3798 CONGRESSIONAL RECORD — SENATE April 18, 2005 I think one of the reasons so many backed and the entire Congress backed woman who had clearly also been people around the world feel Marla’s to help the innocent victims of war— working with this little child. loss so deeply is because we saw how those who are unfortunately some- It is interesting because on either important her work was, and that times called ‘‘collateral damage’’; we side of this beautiful photograph of meant taking risks the rest of us are have names for that. Marla and this little girl are two very unwilling take. In a way, she was not Clearly, what Marla did, by recog- negative stories about the world we only helping the families of Iraqi war nizing that these people needed help, live in—Medicare fraud and oil compa- victims; she was also helping us, until she was doing God’s work. But she also, nies trying to lower their taxes in light she finally became an innocent victim as the good Senator pointed out, was of their highest profits ever—and it of war herself. Yesterday, my phone helping the United States of America just spoke to me about Marla because rang so many times, people calling because we are in the battle for the there she was in the middle of all these from Baghdad, calling me at home. hearts and minds of the world. Marla negative forces, the worst kinds of neg- Every one of them had a different story understood that. ative forces—war, hatred, sectarian violence, all these things, there she was of something she had done, some way AMENDMENT NO. 444 in which she had made somebody’s life Mrs. BOXER. Before I make further right in the middle, something good for us to cling to. different. She has been called many remarks, I ask unanimous consent that My heart breaks for Marla’s family things: an angel of mercy, a ray of sun- the pending amendment be temporarily and her friends. Some of them were shine in an often dangerous and dark laid aside so I can call up amendment here, so many whose lives she touched. world. No. 444. One of Marla’s friends was my daughter One person who knew her well de- The PRESIDING OFFICER. Without Nicole who called me with the news of scribed Marla as being as close to a liv- objection, it is so ordered. Marla’s death on Saturday night. It ing saint as they come. I suspect that The clerk will report. was hard to understand her at first, so is how many of us feel. She probably The assistant legislative clerk read heavy were her tears. Between sobs, didn’t feel that way herself. Many of us as follows: she told me Marla had been killed feel that way. The Senator from California [Mrs. BOXER], along the treacherous road leading to I don’t think I have ever met, and I for herself, and Mr. BINGAMAN, proposes an the Baghdad airport. It was a road so probably will never meet again, some- amendment numbered 444. dangerous that when Senators travel one so young who gave so much of her- Mrs. BOXER. Mr. President, I ask there—and I just got back from there a self to so many people and who made unanimous consent that further read- couple weeks ago—they don’t go on such a difference doing it. Our hearts ing of the amendment be dispensed that road. Instead, they go on a go out to her parents, Cliff and Nancy. with. Blackhawk helicopter and speed I talked to her father yesterday. I said: The PRESIDING OFFICER. Without through a city with machine guns on Think how much she did in her short objection, it is so ordered. either side looking down to the ground. lifetime, more than most of us will get The amendment is as follows: It is a road so dangerous that even lim- to do in a lifetime. But I thanked them (Purpose: To appropriate an additional ited protection costs thousands of dol- for having the courage to let her be the $35,000,000 for Other Procurement, Army, lars—tens of thousands of dollars just and make the amount available for the person she wanted to be—not that I to go one way on that road, if you were suspected anybody could have stopped fielding of Warlock systems and other field jamming systems) to hire people to help protect you. That her from being what she wanted to be. is how dangerous it is. One of the articles talks about her At the appropriate place, insert the following: Who among us would have found the going to a checkpoint and the guard courage to travel on that road on Sat- stopping her and she didn’t have the DEPLOYMENT OF WARLOCK SYSTEMS AND OTHER FIELD JAMMING SYSTEMS urday, or the road that Marla had trav- proper papers. She stuck her head for- eled during her courageous, com- ward and pulled back the scarf. They SEC. 1122. (a) ADDITIONAL AMOUNT FOR OTHER PROCUREMENT, ARMY.—The amount mitted, and very short life? Who among saw the blond hair. She started talking us can say we have spent so much of to them about why she had to go here appropriated by this chapter under the heading ‘‘OTHER PROCUREMENT, ARMY’’ is hereby our lives serving other people in the and there. Next thing you know, she is increased by $35,000,000, with the amount of way that truly makes a difference? being sent on her way. such increase designated as an emergency re- How many 28-year-olds can say that? So our job is really to carry on the quirement pursuant to section 402 of the con- Imagine, in this the most powerful work Marla started not just in memory ference report to accompany S. Con. Res. 95 and greatest country in the world, it of a wonderful and heroic young (108th Congress). was this remarkable woman who went woman, although that should be (b) AVAILABILITY OF FUNDS.—Of the door to door counting Iraqi civilian amount appropriated or otherwise made enough reason, but because the work is victims, when nobody else would. It so important. That is what I am com- available by this chapter under the heading ‘‘OTHER PROCUREMENT, ARMY’’, as increased was this young woman who lobbied the mitted to. I know I will work with my by subsection (a), $60,000,000 shall be avail- Senate for assistance for these fami- friend from California to honor Marla able under the Tactical Intelligence and Re- lies, and we heard from Senator LEAHY in that way. I think it would be safe to lated Activities (TIARA) program to facili- about how incredible she was when she say to my friend from California, I sus- tate the rapid deployment of Warlock sys- made the case. She risked her own life pect there will be others in this Cham- tems and other field jamming systems. to make sure they received the support ber who will do the same. Mrs. BOXER. My amendment would they deserved. I yield the floor. increase funding for jamming devices ‘‘Marla was something close to a The PRESIDING OFFICER. The Sen- that would deactivate roadside bombs. saint,’’ one friend wrote this morning, ator from California. They are one of the leading causes of ‘‘but a very realistic saint.’’ I person- Mrs. BOXER. Mr. President, I thank the casualties in Iraq. ally met Marla for the first time re- Senator LEAHY, from the bottom of my Mr. President, I will get back to the cently when she and her mother came heart, for his words about this extraor- tribute I want to give to Marla. I thank to my home in California to celebrate dinary young woman; more than that, Laura Schiller, my staff member, who an occasion for my daughter. When to him and his staff for believing in is sitting here with me. She helped me Marla walked through our front door her. That took a leap of faith, that a put together these remarks. She was a with her mom, she had an infectious woman so young could come in and friend of Marla’s, and it was very hard smile, and my daughter’s face lit up. present as compelling a case as she did. for her to get through writing these re- ‘‘This is the amazing woman I’ve been Of course, she went right to the Sen- marks. telling you about, Mom,’’ she said. ator, that is for sure, because of the This morning, in northern California, This is how it always was for the work he has done for human rights in where I was—I just got here—the peo- thousands around the world lucky the world. She knew what she was ple woke up to the San Francisco enough to call Marla a friend. It didn’t doing. But you heard her and Tim and Chronicle’s front page. It is this mag- matter if you lived in the streets of you rolled up your sleeves and created nificent picture of Marla and a little Baghdad or the dusty villages of Af- a program that the entire Senate girl she helped, along with an Iraqi ghanistan or the corridors of power in

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3799 Washington, DC. It didn’t matter for their host to show up for another pending amendment, and I call up whether you knew Marla. She would party she had planned to buoy their amendment No. 481. come up to you and you would feel as spirits, and no doubt try to persuade The PRESIDING OFFICER. Without if you had known her for a lifetime. them to write about the victims she objection, it is so ordered. The clerk She treated every conversation as a saw suffering terrible damage—not col- will report. chance to tell you about the righteous- lateral damage but critical damage. The assistant legislative clerk read ness of her cause, and she treated ev- A few days before she died, Marla as follows: eryone with the same respect, open- wrote her own op-ed for the Wash- The Senator from Arkansas [Mrs. LINCOLN] ness, and unconditional love. ington Post. She talked about her most proposes an amendment numbered 481. We so often hear: recent discovery—that the U.S. mili- Mrs. LINCOLN. Mr. President, I ask And now three remain: faith, hope, and tary was counting Iraqi civilian casual- unanimous consent that the reading of love. But the greatest of these is love. ties in some places, despite its claims the amendment be dispensed with. My office was flooded today with e- to the contrary. She ended with these The PRESIDING OFFICER. Without objection, it is so ordered. mails and phone calls from the people words: The amendment is as follows: whose lives were touched by Marla’s . . . To me, each number is a story of someone whose hopes, dreams, and potential (Purpose: To modify the accumulation of faith, hope, and love. Everyone has a leave by members of the National Guard) story to tell, and I brought a few will never be realized, and who left behind a family. On page 169, between lines 8 and 9, insert photos to share with you because words the following: The same can be said of Marla. Her are not enough. ACCUMULATION OF LEAVE BY MEMBERS OF THE hopes, her dreams, and her potential In this photo she sent hours before NATIONAL GUARD will never be realized, and she left be- her death, we see her holding tightly SEC. 1122. Section 701(a) of title 10, United an Iraqi child who was thrown from a hind a family. In all the years I have States Code, is amended by adding at the end vehicle just before it was blown up in a lived, I do not know too many people the following new sentence: ‘‘In the case of a rocket attack. The child’s entire fam- who have made an impact the way she member of the Army National Guard of the ily was killed. Marla saved that child. has in those 28 short years. But I guar- United States or the Air National Guard of Here we see one of the countless ci- antee you, if Marla were here, she the United States who serves on active duty would not want us to weep, she would for more than 179 consecutive days, full-time vilians brutally injured and now beam- training or other full-time duty performed ing and healthy next to the person, not want us to hide our heads. She by such member during the 5-year period Marla, who helped her heal. would want us to keep fighting for the ending on the 180th day of such service under We see Marla’s trusted Iraqi col- people and causes she had championed a provision of law referred to in the pre- league, Faiz, whom she wrote, ‘‘was even before she was old enough to drive ceding sentence, while such member was in sent to me by angels from the sky.’’ He a car. She would want us to remember the status as a member of the National worked tirelessly beside her, and he the words of encouragement and action Guard, and for which such member was enti- she sent constantly to friends and col- tled to pay, is active service for the purposes died bravely beside her. of this section.’’. And we see this beautiful, vibrant, leagues. Once she wrote, ‘‘Their trage- Mrs. LINCOLN. Mr. President, I rise young woman, red scarf around her dies are my responsibilities,’’ and now today to offer an amendment of great neck, surrounded by the soldiers she her work must be ours. importance to the returning guards- befriended and entreated in her quest I hope a message goes out to the sui- men and reservists in my home State to help Iraqi civilians. Senator LEAHY cide bombers to stop what they are and in many other States. I think made the point that everyone wanted doing, to stop it now, and to those who many of my colleagues, in under- to help Marla—everyone. The U.S. would put together these roadside standing what I am trying to do, will military wanted to make up for the bombs to stop it now because everyone agree that it is the right approach and damage that was caused. They des- who is injured by this—everyone—has the right thing to do for the men and perately wanted to do that, but they hopes and dreams and families and po- women from our States who have done needed someone who could give them tential. such an incredible job serving our Na- accurate information, and she did that. So her work must be ours. She was tion in Iraq and on behalf of not just Inside the green zone— the voice of these victims to whom no Americans but the Iraqi people. One friend wrote last night— one seems to pay much attention. We When our soldiers return home, some she would encourage military officers and need to be her voice now. of them are finding they might only U.S. officials to hug each other—just to re- ‘‘And now these three remain: Faith, have a week or less before they are ex- member that they were still human, and re- hope and love: But the greatest of pected to reenter the workforce and reward them with a big smile if they actually these is love.’’ turn to civilian life. It is confusing at did it. Mr. President, may we join the griev- best to know with what they are going There are many other pictures that ing Ruzicka family and thousands to be faced. The price of gasoline has her friends wanted to share of a woman around the world in paying tribute to a gone up tremendously since they de- who was a great friend to all and a be- young woman of great faith, hope, and ployed almost 2 years ago. They have loved Ambassador for the United love by finishing the work she so cou- seen a lot of changes in their commu- States at a time when our actions may rageously began and by working to nities, perhaps changes in their work, not be so popular. make sure this war will soon come to changes in their families, the loss of There were images of the notes she an end. loved ones, certainly the growing of sent, when their spirits were at their Mr. President, I yield the floor. their little biddies. But many of the lowest, telling them how beautiful they The PRESIDING OFFICER. The Sen- soldiers of Arkansas’s 39th Infantry are, how much their work mattered, ator from Arkansas. Brigade found they had absolutely no how much she cared. Mrs. LINCOLN. First, I commend my leave left when they returned to our I think we are going to leave this pic- colleagues from California and home State of Arkansas. This left them ture up because it is exquisite. There Vermont for recognizing such a re- with very few options other than to re- are other pictures of Marla sleeping on markable woman, someone who rep- turn to work immediately or, in some the floor for nights on end so she could resents everything that is good and cases, to begin looking for work imme- use her limited resources to help Iraqi peaceful about America and who set an diately, within a week of when they re- victims. Behind her happy-go-lucky de- example in such a tumultuous time and turned to their home soil. meanor, there was a picture of an effec- place but clearly giving all of the love These soldiers had just spent nearly tive advocate cornering a Defense Sec- she had to give at a time when it was 18 months in Iraq, risking their lives to retary, a general, or, yes, a U.S. Sen- needed the most. I thank my col- defend the freedoms we cherish as ator, and refusing to go away until our leagues for taking the time to recog- Americans. They witnessed scenes of country helped care for the innocent nize that. tragedy and violence they never ex- victims of war. AMENDMENT NO. 481 pected to encounter but willingly ac- There was a picture of the room full Mrs. LINCOLN. Mr. President, I ask cepted as part of their mission in serv- of journalists waiting that last night unanimous consent to lay aside the ice of this great Nation. It is part of

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3800 CONGRESSIONAL RECORD — SENATE April 18, 2005 our job as legislators to make sure tive day of active duty, all previous Tonight I rise in support of the Craig they are taken care of when they re- days spent training in the past 5 years, amendment which will enact important turn home, that we honor their sac- no matter their duration, would be reforms to the H–2A program that will rifices, their duty, and their courage. counted for the purpose of determining help ensure Ohio’s agricultural indus- We are not doing our job if soldiers are how many days of leave the guardsmen try remains strong and vibrant. That forced to return to civilian life within would have. This would effectively give has a lot to do with immigration. a week of returning home from theater. the guardsmen and reservist a bonus Agribusiness is the largest industry I have been out to Walter Reed, as period of leave when they were de- in the State of Ohio, contributing $73 have many of my colleagues, and seen ployed for longer than 6 months. billion to our economy each year. I our soldiers recovering from horrific The look-back period for determining would like to keep it that way. My wounds suffered in this conflict. One of the new leave, as I mentioned, would be State ranks sixth nationally in the the soldiers from Arkansas had taken a capped at 5 years. This would prevent production of nursery and greenhouse rocket-propelled grenade directly to substantial disparities in accrued leave crops, with a value of over a half bil- his chest. You would not have known from occurring between a guardsman lion dollars. We grow almost a quarter it, though, from talking to him. He was with 20 years of service and a guards- of a billion dollars worth of fruits and proud of the work he and his fellow sol- man with only 3, perhaps. vegetables each year. diers had been doing in Iraq. He missed We must do all we can to ensure our I want to stress how important these his unit and was ready to return to guardsmen are given every opportunity businesses are to Ohio and how vulner- them and finish the rebuilding process to readjust to life outside of the com- able they are. These industries live and they had begun. bat zone. When they return to our die in a very competitive marketplace, As I left his room, one of the nurses arms, we must embrace them and give and having a stable and sufficient approached one of my staffers and said them the time and the elements they workforce is vital to their competitive- that while many of the soldiers were need to readjust themselves. For some, ness in the global marketplace. Unfor- doing very well, she was very con- it may be as simple as getting their fi- tunately, right now they have a major cerned for them once they got back to nances back in order or perhaps spend- labor crisis. Without the guest workers their homes, into their communities, ing time with their spouse or their who are essential to getting work done trying to readjust themselves to a way children or their extended family. during peak seasons, agribusiness in of life from which they had been absent Maybe it is getting re-equipped back in Ohio as well as the rest of the country while they were in Iraq, while they their household or in their community. simply would not have the workforce were experiencing events that often- Maybe it is getting re-engaged, remem- necessary to do their work and their times only they could think of in their bering those people who surround them customers would have to look else- own hearts. who can provide them the uncondi- where, very likely to overseas busi- Many of them underwent daily ther- tional love and support they need to nesses for agricultural products. apy sessions where they discussed put behind them the experiences they I am told in the early 1990s our Na- these experiences with their fellow sol- may have had, so they can look for- tion exported twice the value of nurs- diers. Unfortunately for our guardsmen ward and be proud of the service they ery and greenhouse crops to Canada and reservists, they do not come back have given and know their country em- than we imported. In the last decade, to a base where they are surrounded by braces them. Canada has overtaken us, and now the people who have had a similar experi- For others, it may be more difficult. numbers have reversed, adding to our ence, people to whom they can talk, Either way, they deserve an oppor- Nation’s trade deficit. I would like to people with whom they can empathize, tunity to deal with these issues with- note that our neighbor, Ontario, has a those who can understand the unbeliev- out having to worry about returning to very good guest worker program. able circumstances and situations they or finding work in order to put food on If we offshore our fruit, vegetable, experienced in Iraq. the table so soon after giving so much nursery crops, and other production to The nurse was also concerned that in service to this great country. Mexico and Canada, think of what we what they were receiving in the hos- Our guardsmen found themselves in lose. We lose control of our food sup- pital there would all end once they re- two circumstances where they were ply, and you know that is a national turned to their hometowns—the ther- given passes, but were required to take security issue. We lose jobs, and not apy, the discussions, certainly the leave when they have returned now just farmworker jobs. Agricultural medical treatment. from that 180-plus days of service, of economists tell us each farmworker job Imagine you are a soldier who, giving their heart and soul to make in these industries supports 31⁄2 jobs in thankfully, has made it home from sure the freedoms we enjoy are pro- the surrounding economy: processing, Iraq or Afghanistan without serious in- tected. packaging, transportation, equipment, jury, the joyousness of coming home to We should do all we can to make sure supplies, lending, and insurance. They your home, to your family, to your as they come back into our American are good jobs, filled by Americans. We community, and upon returning to a communities, they come back into lose them if we do not do this the right pace of life 180 degrees from anything their families, they can do it with dig- way. you have witnessed within the last nity and the support of this great coun- Work in these industries in Ohio is year and a half, you are expected to try and the military service they have seasonal, demanding, and out in the turn on a dime and adjust immediately served. weather. Many of our producers have to the world you left behind. This is a I urge the Senate to adopt my tried to use the existing H–2A program. great injustice and one that cannot be amendment. I ask my colleagues to This is especially true of our nursery, ignored. take a look at it. I think it is very sim- sod, and Christmas tree growers. They My amendment is very simple. It ple and something we could do without represent 79 percent of the H–2A use in would allow a guardsman to accrue much folderol. We could get it done and Ohio. bonus leave when he or she was placed make sure all these soldiers are well The program is expensive, bureau- on active duty for 6 months. This taken care of. cratic, and a litigation nightmare— would give guardsmen more leave by I yield the floor. that is the current program. The pro- altering how training days for the Na- The PRESIDING OFFICER. The Sen- gram is failing and it needs fixing. tional Guard and Reserve are counted ator from Ohio. Many agricultural employers would for the purposes of determining their Mr. VOINOVICH. Mr. President, I like to use the program but do not be- leave. Currently, any training less than rise to talk a little bit regretfully cause of the uncertainty associated 29 consecutive days does not count to- about the issue of immigration—re- with the program. Not having access to ward accruement of leave. gretfully, because the supplemental legal, timely workers hurts these busi- This amendment would change cur- Defense bill that came out of the House nesses. Crops are lost because workers rent policy when a guardsman is placed of Representatives included the issue of are not available for the harvest. I un- on active duty for a period of 180 con- immigration and therefore has opened derstand from my colleague Senator secutive days. Upon that 180th consecu- it up for discussion here in the Senate. CRAIG that out in California lettuce is

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3801 rotting in the field because there are now toward reconciling our laws with He ended as follows: not workers there to pick it. reality. As President Bush has stated, we can and Many of my H–2A-user growers and This legislation will help illegal im- must do better to match a willing and hard- producers have been closely involved in migrants working in agriculture to working immigrant worker with producers the negotiations of AgJOBS, the come clean and become part of our who are in desperate need of a lawful work- amendment before us. They know im- legal workforce, allowing this country force. It is in our country’s best interest to migration and guest worker reform to focus its efforts on more serious im- enact these reforms and reap the harvest of political action at a special moment in time. cannot be a partisan undertaking. migration problems. Furthermore, pro- They have been creative and deter- viding a means for such workers to ob- That is what our President had to mined in finding common ground and tain legal status provides a real incen- say. producing bipartisan legislation. Their tive for them to participate in this pro- Again, I agree. survival depends on this Senate passing gram. I stand ready to take a first and most AgJOBS. I read a portion of a letter Senator important step on this difficult issue The toughest issue is what to do CRAIG and Congressman CANNON re- that has plagued this Nation for too about the trained and trusted farm ceived from Grover Norquist, chairman long. workforce, 70 percent or more working of the Americans for Tax Reform. He As I stated, I would have preferred without proper documents. Their labor said: that immigration would not have been a part of this legislation that is before is critical to Ohio and America. These I’d like to take this opportunity to com- farmworkers are hard-working, law- mend for you the introduction of S. 1645 and us. But as I mentioned, it came before abiding people. They are paying Fed- H.R. 3142. The AgJOBS bill is a great step in us because of the fact that the House eral and State taxes and Social Secu- bringing fundamental reform to our Nation’s decided to make immigration a part of rity. They are part of the fabric of our broken immigration system. AgJOBS would the emergency supplemental bill. society already in so many ways. make America more secure. Fifty to sev- Those of us who have been concerned AgJOBS allows them to come for- enty-five percent of the agriculture work- about immigration are taking this op- force in this country is underground due to ward and rehabilitate their status over portunity to clearly state what we the highly impractical worker quota restric- think needs to be done. I am hopeful time through the time-honored values tions. Up to 500,000 workers would be given of hard work and good behavior. The approved worker status screened by the De- that tomorrow 59 of my colleagues will failure of this country to create a prac- partment of Homeland Security and ac- vote for cloture so we can get on and tical agricultural guest worker pro- counted for while they are here. Any future deal with this issue and bring the relief gram has forced most of the country’s workers coming into America looking for ag- to thousands of people, thousands of agribusiness to live between a rock and riculture work would be screened at the bor- businesses, and agribusiness in this a hard place. It has been said our farm- der where malcontents can most easily be country. turned back. The current H2–A agriculture ers have one foot in jail and the other I yield the floor. worker program only supplies about 2 to 3 Mr. INHOFE. Mr. President, in the bankruptcy court. Every day, percent of the farm workforce. Edmundo Garcia said he had heard that each time my constituents open the It goes on to say: door in the morning, they know this the new Bush immigration plan, which much, if and when the Government de- Workers that are here to work in jobs Na- would grant work visas to millions of tive Americans are not willing to do must cides to get serious about Social Secu- illegal immigrants inside the United stay if food production is to remain ade- States and to others who can prove rity mismatch letters, about enforce- quate. However, those already here and new ment, it is all over. workers from overseas should have a screen- they have a job, was ‘amnesty,’ and he They tell me: We are following the ing system that works, both for our States’ wondered why he was arrested.’’ law in our hiring. Yet we know if Im- safety and for their human rights. Your bill He said he would try to cross [the border migration enforcement came in tomor- does just that. from Mexico to the U.S. through the row, our business would be irreparably Mr. President, I would also like to Sonoran Desert] again in a few days. damaged. My constituents and yours point out that AgJOBS is endorsed by This quote from the New York Times could lose their workforce tomorrow. a historic bipartisan coalition of 500 on May 23, 2004, shows just how bad Some of my colleagues are critical of and counting, national, State, and things have gotten since the adminis- this legislation because they claim it local organizations, including 200 agri- tration’s initial immigration policy provides amnesty. I disagree. Amnesty cultural organizations representing proposal was announced. is an unconditional pardon to a group fruit and vegetable growers, dairy pro- The New York Times article goes on of people who have committed an ille- ducers, nursery and landscape, ranch- to say: gal act, and Webster’s Dictionary ing and others, as well as the National Apprehensions of crossers in the desert agrees that is the definition. There is Association of the State Departments south of Tucson have jumped 60 percent over nothing unconditional about the path of Agriculture; that is, the national as- the previous year. to rehabilitation provided in AgJOBS. sociation of all of the 50 States’ agri- Nearly 300,000 people were caught To earn adjustment to legal status, a culture departments have come for- trying to enter the U.S. through the worker must have worked in U.S. agri- ward to support this. There is bipar- desert border since last October 1st culture before January 1, 2005. Accord- tisan support of this legislation by (that’s October 2003).’’ ingly, this legislation imposes condi- elected and appointed State directors It continues: tions on obtaining adjustment to legal of agriculture. After a four-year drop, apprehensions status, including, more importantly, a Yesterday I received a letter from which the Border Patrol uses to measure work history. Ambassador Clayton Yeutter. Clayton human smuggling are up 30 percent over last These are people who have worked in Yeutter has been a tireless advocate year along the entire southern border, with the United States, many of them for for American agriculture. You will re- over 660,000 people detained from October 1st many years. A lot of them are not member that he served as Secretary of through the end of April. legal. What this legislation does is it Agriculture under Ronald Reagan and There are an estimated 8 to 12 mil- provides an opportunity for them to be- as U.S. Trade Representative under lion illegal immigrants in this country, come legal, after supporting certain George H.W. Bush. In his letter, he with about 1 million new illegal aliens conditions. started out by saying: coming into this country every year. If you believe that any forgiveness at History demonstrates that there are mo- Legal immigration is even at unprece- all constitutes amnesty, then every se- ments in time when special opportunities dented levels about five times the tra- rious proposal that comes forward to arise for political action that successfully ditional levels. We now have about 1.2 solve this problem will be amnesty. addresses multiple challenges. Today is one million legal immigrants coming into But in the end, isn’t the worst amnesty of those occasions. this country each year, as opposed to of all the status quo? Ignoring and tac- I agree. an average of about 250,000 legal immi- itly condoning this problem will not He went on to describe the substance grants before 1976. provide a solution. It has been going on and the partisanship of the AgJOBS S. 359, the AgJOBS bill, could offer too long. Let us take a step forward bill. amnesty to at least 800,000 more illegal

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3802 CONGRESSIONAL RECORD — SENATE April 18, 2005 aliens, and if they all bring family One more article in the Washington pull the economic rug out from under his members, which they would be eligible Times, again by Frank Gaffney, Jr., feet. to do, it could be up to 3 million more, from April 5 refers to the REAL ID Act Jimenez, who is from Mexico and su- according to Numbers USA. as well as AgJOBS says: pervises a drywall crew that worked all I greatly respect my friend and col- The REAL ID legislation is aimed at deny- winter remodeling an office building league, the Senator from Idaho, Mr. ing future terrorists the ability exploited by three blocks from the White House CRAIG, and I understand he has many the September 11, 2001, hijackers namely, to says, ‘‘There are too many people com- cosponsors for his bill, but I firmly be- hold numerous valid driver’s licenses, which ing.’’ lieve S. 359 has some major flaws and is they used to gain access to airports and their The article goes on to say: not the way to remedy our problem targeted aircraft. It is no small irony, therefore, that the Jimenez’s concern reflects an ambivalence with illegal immigration. presence of the REAL ID provisions on the about immigration among established immi- Even though there are certain cri- military’s supplemental funding bill is being grants in America. It also challenges a key assumption of teria these illegal aliens must meet to cited by the Senate parliamentarian as President Bush’s proposal for a massive new qualify for temporary work status and grounds for Senator Larry Craig, Idaho Re- guest-worker program: that the United eventual citizenship under this bill, it publican, to try to attach to it legislation States has a dearth of low-skill workers. still rewards them by allowing them to that would help eviscerate what passes for stay in this country and work rather restrictions on illegal immigration. This is not true, we do not have a than penalizing them for breaking the The article continues: dearth of low-skill workers. Not only does S. 359 keep able Ameri- law this is amnesty. The agriculture sector of the US economy I also agree with my colleague from needs cheap labor. cans from performing these jobs; it also drives down wages and stifles innova- Texas, Senator CORNYN, the chairman So let’s legalize the presence in this tion and technology for these jobs. of the Immigration Subcommittee, country of anyone who can claim to The same San Diego Union-Tribune who said in Tuesday’s Congress Daily have once worked for a little more article I just quoted from continues when asked about the supplemental than three months in that sector. saying: bill H.R. 1268, said that he did not want We must not reward lawbreakers es- it to ‘‘be a magnet for other unrelated pecially while we have so many people In Atlanta, house painter Moises Milano immigration proposals . . . regular says competition for jobs is so stiff among coming to this country legally. immigrants that house painters’ wages have order is the best way. . . .’’ Last summer, I had an intern in my been flat since he came to the United States I agree with my colleague and think office from Rwanda. She fled during in the late 1980. we should focus on the supplemental the genocide in 1994. She then came to They’re still $9 an hour, he said, which and debate immigration reform sepa- this country as a refugee and became a would mean they’ve actually fallen signifi- rately. legal permanent resident. It took her a cantly when adjusted for inflation. Furthermore, in section 2, paragraph year to get all her paperwork for be- And yet many more aspiring house paint- 7, the AgJOBS bill defines a workday coming a legal resident and she will ers arrive every day from Latin America. as ‘‘any day in which the individual is probably have to wade through similar Similar concerns can be heard employed one or more hours in agri- bureaucracy to become a citizen as throughout low-wage industries that culture.’’ well. It frustrates me that people like Latino immigrants have come to domi- In order for an alien to apply for tem- her follow the rules and have to wait in nate during recent decades, including porary work status, section 101, sub- the lines and wait for all the paper- housekeeping, landscaping, janitorial, section A, subparagraph A states that work to be processed, while the illegal chicken processing, meat packing, res- the aliens ‘‘must establish that they aliens can sneak into our country, and taurants, hotels and fast food. have performed agricultural employ- then, if they do apply for legal status, The article goes on to say: ment in the United States for at least they slow down the process for those Jimenez says his company competes for 575 hours or 100 work days, whichever who came here legally. Not only does contracts against subcontractors using ille- is less, during any 12 consecutive AgJOBS reward lawbreakers, it also gal workers who are prepared to work for months. . . .’’ less and who don’t expect health insurance, robs many Americans of jobs they are overtime or other employment benefits. So if a workday is defined as working willing to do. at least 1 hour and the alien only has Roy Beck from Numbers USA in his ‘‘It puts pressure on his employer to to work 100 work days in a year to testimony on March 24, 2004, before the cut labor costs, he said.’’ qualify for temporary status under the Subcommittee on Immigration, Border Jimenez explains why the migrants AgJOBS bill, then illegal aliens only Security and Claims, quoted Alan come and how it hurts current immi- have to find some kind of agricultural Greenspan from February of last year grants: ‘‘The migrants come because of work, and not necessarily be paid, for as saying that America has an ‘‘over- hunger, because of necessity . . . but I 100 hours, or merely 2 weeks, in a year supply of low-skilled, low-educated would benefit if someone imposed in order to stay temporarily, while rob- workers.’’ In fact, according to Mr. order,’’ he says. ‘‘My work would be bing Americans of these jobs. Beck’s testimony, the Bureau of Labor worth more.’’ An article from May 18, 2004, by Statistics reports that the number of Jimenez says that he won’t be able to Frank Gaffney, Jr., from the Wash- unemployed Americans includes a ma- compete with companies that hire ille- ington Times entitled ‘‘Stealth Am- jority of workers without a high school gal workers so that they can pay lower nesty’’ states that once an illegal alien diploma. wages. has established lawful temporary resi- Basically, we have a great supply of Not only are workers like Jimenez dency, ‘‘they can stay in the U.S. in- lower educated American workers facing tough competition from compa- definitely while applying for perma- without jobs, while ironically, the nies who hire illegals, but a GAO study nent resident status.’’ main purpose of the AgJOBS bill is to from 1988 found that other fields, such ‘‘From there it is a matter of time bring in low-educated, low-skilled for- as cleaning office buildings, were also before they can become citizens, so eign workers for jobs that these Ameri- experiencing lower wages and more long as they work in the agricultural cans are able and willing to fill. competition as a result of foreign sector for 675 hours over the next 6 A recent article from March 31 of this workers. years.’’ year in the San Diego Union-Tribune Cleaning office buildings used to pay Furthermore, in referring to the entitled ‘‘Importing a Peasant Class’’, a decent wage, however as more foreign REAL ID Act, which was attached to written by Jerry Kammer, emphasizes workers entered the field, wages, bene- the supplemental in the House, and I this point by saying: fits and working conditions began to believe is true reform, another article collapse. Nearly two decades after a sweeping am- Other labor-intensive fields, such as from the week of April 6, appeared in nesty for illegal immigrants [referring to the the Washington Times stating: 1986 Amnesty] gave Gerardo Jimenez a ticket the construction and the meatpacking . . . REAL ID is a bill that will strengthen out of a San Diego County avocado orchard, industry, have also experienced a drop homeland security, while Mr. CRAIG’s he worries that the unyielding tide of low- in pay after an influx of foreign work- AgJOBS bill will not. wage workers from Latin America might ers. By allowing employers to flood the

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3803 labor market with foreign workers in sions each possessing different man- I also believe both the REAL ID Act, these sectors, wages and working con- dates, membership makeup, studies sponsored by my colleague in the ditions have gone down drastically and and historical context in which their House, Congressman SENSENBRENNER, made these jobs much less attractive work was performed had some similar as well as a bill I supported in the last to American workers; while making findings including: U.S. policy should Congress, are sound ways to strengthen them much more attractive to alien actively discourage the dependence of our immigration system. The REAL ID workers. any industry on foreign workers. Act would make it more difficult for As for stifling technological ad- Dependence on a foreign agricultural people who are violating our laws by vances, according to a February 9, 2004, labor force is especially problematic being in our country illegally, as well article appearing in National Review: because of the seasonal nature of the as engaging in terrorist activities, to the huge supply of low-wage illegal aliens work, which leads to high un- and stay in the United States. Unfortu- encourages American farmers to lag techno- under-employment and results in the nately, I was forced to vote against the logically behind farmers in other countries. inefficient use of labor. intelligence bill in December because The article continues: Strict enforcement of immigration the provisions that are in the REAL ID Act were excluded from the intel- Raisin production in California still re- and labor laws is the key to a success- quires that grapes be cut off by hand and ful immigration policy that benefits ligence bill. manually turned on the drying tray. the nation. Unfortunately, AgJOBS One such provision in the current In other countries, farmers use a labor-sav- violates each of these principles. REAL ID Act has to do with a 3.5-mile ing technique called drying on the vine. It ensures the dependence of the agri- gap in a border fence between San A cutoff of the illegal-alien flow would en- cultural industry on foreign workers Diego and Tijuana. People are able to courage American farmers to adopt many of by eliminating any possibility that come and go as they please. This is these technological innovations, and come wages and working conditions in agri- where many illegal immigrants are up with new ones. culture will improve sufficiently to at- coming through; some of them could Another, and possibly more impor- tract U.S. workers, whether citizens or even be terrorists. tant problem with S. 359, is the risk it lawful permanent residents. Apparently, this gap has been left poses to our homeland security. It has AgJOBS actually reduces wages open because of a maritime succulent some of the same loopholes that the statutorily by freezing the required shrub, which is the environment in 1986 Immigration Reform and Control wage rate for new foreign workers, which two pairs of endangered birds Act, IRCA, contained. known as H–2A nonimmigrants, at its live. These two pairs of birds, the vireo It also overwhelms the already bur- January 1, 2003, level for 3 years. In and the flycatcher, might be harassed— dened immigration system, not to men- Oklahoma it is currently $7.89. not killed—but harassed if the fence is tion that there are no criminal or ter- It also actually discourages agricul- completed. rorist records for these people. For ex- tural employers from pursuing innova- I checked with the U.S. Geological ample, an Egyptian illegal immigrant tions, such as mechanization, that Survey and found that there are an estimated 2,000 vireos and 1,000 named Mahmud Abouhalima came to would reduce their reliance on seasonal flycatchers in existence today, and at America on a tourist visa in 1985. The labor. visa expired in 1986, but Abouhalima AgJOBS guarantees employers an the most, not building the fence pre- stayed here, working illegally as a cab ‘‘indentured’’ labor force for at last the vents two pairs of birds from being harassed. Is it better to harass two pairs of driver. first 6 years after enactment. Employ- birds or leave this 3.5-mile gap open for Abouhalima received permanent resi- ers can pay as little as minimum wage terrorists or other law-breakers to dency, a green card, in 1988, after win- while the newly amnestied workers come through? I assume that not build- ning amnesty under the 1986 IRCA law. have no choice but to accept whatever ing the fence, leaving it open for aliens Although he had never worked in agri- the employer offers them since they to trample on this environment, the culture in the United States, are required to continue working in ag- home to these birds causes more har- Abouhalima acquired legal status riculture in order to get a green card. through the special agricultural work- assment than actually building a fence. Additionally, AgJOBS requires the Another provision in the REAL ID ers program—which is essentially what American taxpayer to foot the bill for Act is the requirement for proof of law- the AgJobs bill does. Once he had be- maintaining this large, seasonal work- ful presence in the United States. This come legalized, Abouhalima was able force by allowing: Illegal aliens who requirement applies to immigration to travel freely to Afghanistan. He reapply for amnesty under AgJOBS to re- law provisions passed in 1996, which I ceived combat training during several ceive taxpayer-funded counsel from supported. trips there. Abouhalima used his am- Legal Services Corporation to assist The temporary license requirement, nesty/legalization and his terrorist them with filling out their applica- including a requirement that the li- training as a lead organizer of the 1993 tions; the amnestied aliens to be eligi- cense term should expire on the same plot to bomb the World Trade Center ble for unemployment insurance bene- date as a visa or other temporary law- and other New York landmarks. fits if they are unable to find other un- ful presence-authorizing document, is The special agricultural worker am- skilled work during the off-season, the in the REAL ID Act. This means if you nesty program enacted as part of the amnestied aliens to use publicly funded are here on a document—such as a 1986 Amnesty saw many ineligible ille- services like education and emergency visa—and it expires, your driver’s li- gal aliens fraudulently apply for, and health care this is almost free since cense should expire at the same time. successfully receive, amnesty. Up to many of these aliens have artificially Under current law, this is not the case two-thirds of illegal aliens receiving low wages thus making their tax con- The REAL ID Act requires official amnesty under that program had sub- tributions extremely low. identification to expire on the same mitted fraudulent applications, just Finally, AgJOBS does not contain date as a person’s visa or other pres- like Abouhalima. We cannot afford to any provisions to tighten enforcement ence-authorizing document. Electronic allow ourselves to be vulnerable to ter- of U.S. immigration or labor laws. In confirmation by various State depart- rorists by allowing these people to stay fact, by rewarding illegal aliens with ments of motor vehicles to validate in our country. I want to work with my amnesty, AgJOBS will encourage even other States’ driver’s licenses is an- colleague to address this problem of il- more illegal immigration. other important item in the REAL ID legal immigration. By the time the amnestied aliens are Act. Had Virginia officials referenced Over the last century, several Presi- released from ‘‘indentured servitude’’ the Florida records of Mohammed dential and congressionally mandated under AgJOBS, agricultural employers Atta, one of the hijackers and master- Commissions including the 1907 Roo- will have access to a whole new popu- minds behind 9/11, when he was stopped sevelt Commission on Country Life to lation of illegal-alien workers and the in Virginia, it is likely they would the 1990 Barbara Jordan Commission cycle will be well on its way to repeat- have discovered that his license was on Immigration Reform have been ap- ing itself, just as it did after the ‘‘one- not current. The REAL ID Act will pointed to study immigration to the time-only’’ amnesty for agricultural make it difficult for instances such as United States. These seven Commis- workers in 1986. this to take place.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3804 CONGRESSIONAL RECORD — SENATE April 18, 2005 While I strongly support the steps Ministry—triple the pace of the previous ‘‘My feet hurt and I’m thirsty, but I will taken in the REAL ID Act to strength- year. try again after a rest,’’ said Edmundo Sae¨nz en our immigration laws, I remain vigi- The Border Patrol, which counts only bod- Garcıá, 28, who was apprehended on the res- ies that it processes, says 43 people have died lant, and look forward to working with ervation one morning near the end of his near the Arizona border since the start of its journey. His toes were swollen and blistered. my colleagues to ensure that American fiscal year on Oct. 1, more than in any other He walked in cowboy boots. After being citizens’ individual liberties are not in- year in the same period. fingerprinted for security, he will be sent fringed upon. Leon Stroud, a Border Patrol agent who is back to Mexico, agents said. I also want to be aware of and oppose part of a squad that has the dual job of ar- Mr. Garcıá said he had heard that the new efforts to explicitly create a national resting illegal immigrants and trying to save Bush immigration plan, which would grant ID card which could contain all of a their lives, said he had seen 34 bodies in the work visas to millions of illegal immigrants last year. In Border Patrol parlance, a dead inside the United States and to others who person’s personal information. car and a dead migrant are the same thing— Finally, in the 108th Congress, I co- can prove they have a job, was ‘‘amnesty,’’ a ‘‘10–7’’—but Mr. Stroud said he had never and he wondered why he was arrested. He sponsored S. 1906, the Homeland Secu- gotten used to the loss of life. said he would try to cross again in a few rity Enhancement Act of 2003, which ‘‘The hardest thing was, I sat with this 15- days. was introduced by my colleague from year-old kid next to the body of his dad,’’ ‘‘It’s like catch-and-release fishing,’’ Mr. Alabama, Senator SESSIONS, and my said Mr. Stroud, a Texan who speaks fluent Stroud, the Border Patrol agent, said with a former colleague from Georgia, Sen- Spanish. ‘‘His dad had been a cook. He was shrug after helping Mr. Garcıá with his blis- too fat to be trying to cross this border. We ters. ‘‘One week, I arrested the same guy ator Miller, and was also cosponsored built a fire and I tried to console him. It was by my colleague from Idaho, Senator three times. If I dwell on it, it can be frus- tough.’’ trating.’’ If the pace keeps up, even with new initia- CRAIG. S. 1906 would give our law en- Agents and groups opposed to open borders tives to limit border crossings by using un- forcement and immigration and border say the spike in crossings and deaths are the manned drones and Blackhawk helicopters in officers the tools and funding they need fault of the Bush proposal, which is stalled the air and beefed-up patrols on the ground, to do their jobs. More specifically, S. in Congress and unlikely to be acted on this this will be the deadliest year ever to cross year. But it has created a stir in Mexico, 1906 would: clarify for law enforcement the nation’s busiest smuggling corridor. The they say. officers that they have the legal au- 154 deaths in the Border Patrol’s Tucson and ‘‘They’ve dangled this carrot, and as a re- thority to enforce immigration viola- Yuma sectors last year set a record. ‘‘This is unprecedented,’’ said the Rev. sult apprehensions in Arizona are just spik- tions while carrying out their routine ing beyond belief,’’ said T. J. Bonner, presi- duties; increase the amount of informa- John Fife, a Presbyterian minister in Tucson who is active in border humanitarian efforts. dent of the National Border Patrol Council, tion regarding deportable illegal aliens which represents about 9,000 agents. ‘‘The av- entered into the FBI’s National Crime ‘‘Ten years ago there were almost no deaths on the southern Arizona border. What erage field agent is just mystified by the ad- Information Center database, making they’ve done is created this gauntlet of ministration’s throwing in the towel on the information more readily available death. It’s Darwinian—only the strongest this.’’ to state and local officials; supply addi- survive.’’ Mr. Bonner, who is not related to the bor- tional facilities and beds to retain For years, deaths of people trying to cross der commissioner, said the people were the border usually occurred at night on high- crossing in huge numbers, even at the high criminal aliens once they have been ap- risk of dying in the desert, because ‘‘they’re prehended, instead of releasing them, ways near urban areas, killed by cars. But now, because urban entries in places like San trying to get in line for the big lottery we’ve which occurs quite frequently; require Diego and El Paso have been nearly sealed offered them.’’ the Federal Government to either take by fences, technology and agents, illegal im- With an estimated 8 million to 12 million illegal aliens into custody or pay the migrants have been forced to try to cross immigrants in this country illegally—and locality or State to detain them, in- here in southern Arizona, one of the most in- only a handful of prosecutions of employers stead of telling those officials to re- hospitable places on earth. who hire them—the southern border is more They die from the sun, baking on the broken now than at any time in recent his- lease the aliens because no one is avail- tory, said Mark Krikorian, executive direc- able to take custody; require that prickled floor of the Sonoran Desert, where ground temperatures reach 130 degrees before tor of the Center for Immigration Studies, a criminal aliens be retained until depor- the first day of summer. They die freezing, research group opposed to increased immi- tation under the Institutional Removal higher up in the cold rocks of the gration. Program, so that they are not released Baboquivari Mountains on moonless nights. ‘‘We’ve created an incentive to take foolish back into the community; mandate They die from bandits who prey on them, in risks,’’ Mr. Krikorian said. ‘‘In effect, we’re that States only give driver’s licenses cars that break down on them, and from saying if you run this gauntlet and can get to legal immigrants and make the li- hearts that give out on them at a young age. over here, you’re home free.’’ The mountainous Sonoran Desert, between Bush administration officials say there is cense expire the same day the alien’s Yuma in the west and Nogales in the east, is only anecdotal evidence, from field agents, permission to be in the country ex- the top smuggling entry point along the en- that their proposal has caused the spike in pires. tire 1,951-mile line with Mexico, the Border crossings. They point to a new $10 million In conclusion, let’s work to improve Patrol says. Through the middle of May, ap- border initiative and indications in recent and enforce our laws and not reward prehensions of crossers in the desert south of weeks that apprehensions have leveled off as those who break them. Tucson had jumped 60 percent over the pre- evidence that they are getting the upper I ask unanimous consent that several vious year. Nearly 300,000 people were caught hand on the Arizona border. It is the last un- pertinent articles be printed in the trying to enter the United States through controlled part of the line between Mexico the desert border since last Oct. 1. and the United States, they said. RECORD. After a four-year drop, apprehensions— ‘‘Unfortunately, there have always been There being no objection, the mate- which the Border Patrol uses to measure deaths on the border,’’ said Mario Villareal, rial was ordered to be printed in the human smuggling—are up 30 percent over a spokesman for the Border Patrol in Wash- RECORD, as follows: last year along the entire southern border, ington. [From the New York Times, May 23, 2004] with 660,390 people detained from Oct. 1 It was 3 years ago this month that 14 peo- through the end of April, federal officials ple died trying to walk cross the desert near BORDER DESERT PROVES DEADLY FOR said. this small tribal hamlet, dying of heat-re- MEXICANS The crossing here, over a simple barbed- lated stress in what the poet Luis Alberto (By Timothy Egan) wire fence, is followed by a walk of two or Urrea called ‘‘the largest death event in bor- At the bottleneck of human smuggling three days, up to 50 miles on ancient trails der history.’’ Mr. Urrea is the author of ‘‘The here in the Sonoran Desert, illegal immi- through a desert wilderness, to reach the Devil’s Highway’’ (Little, Brown and Com- grants are dying in record numbers as they nearest road, on the Tohono O’odham Nation pany), an account of the crossing and border try to cross from Mexico into the United Indian Reservation, a wedge of desert the policy. States in the wake of a new Bush adminis- size of Connecticut that is overrun with ille- He wrote that the Sonoran Desert here ‘‘is tration amnesty proposal that is being per- gal immigrants, or on adjacent federal park known as the most terrible place on earth,’’ ceived by some migrants as a magnet to or wildlife land. Most people start off with where people die ‘‘of heat, thirst and mis- cross. no more than two gallons of water, weighing adventure.’’ ‘‘The season of death,’’ as Robert C. almost 17 pounds, in plastic jugs. In recent To curb deaths, the American government Bonner, the commissioner in charge of the days, with daytime temperatures over 100 de- has been running an advertising campaign in Border Patrol, calls the hot months, has grees in the desert, a person needed a gallon Mexico, warning people of the horrors. only just begun, and already 61 people have of water just to survive walking five miles. ‘‘The message is, ‘No m´ as cruces en la died in the Arizona border region since last The desert is littered with garbage—empty frontera,’ ‘no more crosses on the border,’’’ Oct. 1, according to the Mexican Interior plastic jugs, discarded clothes, toilet paper. Commissioner Bonner said in unveiling the

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3805 new plan earlier this month in Texas. He minimum of 100 hours—in other words, for In under 15 minutes, the machines shake said 80 percent of the deaths in a given year just 21⁄2 workweeks—during the 18 months loose 36,000 pounds of oranges from 100 trees, happen between May and August. prior to August 31, 2003. catch the fruit and drop it into a large stor- The government has also increased staffing Once so transformed, they can stay in the age car. ‘‘This would have taken four pickers of Border Patrol Search Trauma and Rescue U.S. indefinitely while applying for perma- all day long,’’ Mr. Meador said. Units, called Borstar, which deploys emer- nent resident status. From there, it is a mat- Canopy shakers are still an unusual sight gency medical technicians like Mr. Stroud, ter of time before they can become citizens, in Florida’s orange groves. Most of the crop to assist people found in desperate condition so long as they work in the agricultural sec- is harvested by hand, mainly by illegal Mexi- in the desert. tor for 675 hours over the next six years. can immigrants. Nylon sacks slung across The publicity campaign seems to have had The Craig bill would confer this amnesty their backs, perched atop 16-foot ladders, little effect, say border agents and illegal not only on farmworking illegal aliens who they pluck oranges at a rate of 70 to 90 cents immigrants. are in this country—estimates of those eligi- per 90-pound box, or less than $75 a day. Ramı´nez Bermu´ dez, 26, walked for four ble run to more than 800,000. It would also But as globalization creeps into the groves, days in 100-degree heat, and said he knew full extend the opportunity to those who other- it is threatening to displace the workers. well what he was getting into. He had been wise qualified but had previously left the Facing increased competition from Brazil caught four times before his apprehension United States. No one knows how many and a glut of oranges on world markets, this week, he said. would fall in this category and want to re- alarmed growers here have been turning to Though he has a 25-acre farm in southern turn as legal workers. But, a safe bet is that labor-saving technology as their best hope Mexico, Mr. Bermu´ dez said he could earn up there are hundreds of thousands of them. for survival. to $200 a day picking cherries in California. If any were needed, S. 1645 offers a further ‘‘The Florida industry has to reduce costs He was distressed, though, at getting caught incentive to the illegals: Your family can to stay in business,’’ said Everett Loukonen, and at the failure to meet a coyote, or smug- stay, as well. Alternatively, if they are not agribusiness manager for the Barron Collier gler, who had agreed to pick him up and with you, you can bring them in, too—cut- Company, which uses shakers to harvest members of his group for $1,200 each. ting in line ahead of others who made the about half of the 40.5 million pounds of or- Mr. Stroud has developed a ritual to cope mistake of abiding by, rather than ignoring, anges reaped annually from its 10,000 acres in with the increased number of bodies he has our laws. And just in case the illegal aliens southwestern Florida. ‘‘Mechanical har- seen among the mesquite bushes and barrel are daunted by the prospect of filling out vesting is the only available way to do that cactus of the Sonoran. He has seen children such paperwork as would be required to ef- today.’’ as young as 10, their bodies bloated after de- fect the changes in status authorized by the Global competition is pressing American composing in the heat, and mothers wailing AgJobs bill, S. 1645 offers still more: free farmers on many fronts. American raisins next to them. counsel from, ironically, the bane of conserv- are facing competition from Chile and Tur- ‘‘I say a little prayer for every body,’’ he atives like Sen. Larry Craig and many of his key. For fresh tomatoes, the challenge said. ‘‘You try not to let it get to you. But Republican co-sponsors—the highly con- comes from Mexico. China, whose Fuji apples every one of these bodies is somebody’s son troversial, leftist and taxpayer-underwritten have displaced Washington’s Golden Deli- or daughter, somebody’s mother or father.’’ Legal Services Corp. cious from most Asian markets—and whose Needless to say, such provisions seem un- apple juice has swamped the United States— [From the Washington Times, May 18, 2004] likely to be well-received by the majority of is cutting into American farmers’ markets STEALTH AMNESTY law abiding Americans. Nor, for that matter, for garlic, broccoli and a host of other crops. So even while President Bush advances a (By Frank J. Gaffney, Jr.) do they appear to have much prospect of passage in the less-self-destructive House of plan to invite legal guest workers into Amer- The issue that has the potential to be the Representatives. ican fields, farmers for the first time in a most volatile politically in the 2004 election Yet, if Mr. Craig presses for action on his generation are working to replace hand la- is not Iraq, the economy or same-sex mar- legislation, the Senate leadership might be borers with machines. riages. At this writing, it would appear to be unable to spare either President Bush or ‘‘The rest of the world hand-picks every- the wildly unpopular idea of granting illegal itself the predictable blow-back: As of today, thing, but their wage rates are a fraction of aliens what amounts to amnesty—the oppor- the Senate Web site indicates the Idahoan ours,’’ said Galen Brown, who led the me- tunity to stay in this country, work, secure has 61 cosponsors, two more than are needed chanical harvesting program at the Florida social services, become citizens and, in some to cut off debate and bring the legislation to Department of Citrus until his retirement jurisdictions, perhaps vote even prior to be- a vote; 11 more than would be needed for its last year. Lee Simpson, a raisin grape grower coming citizens. passage. in California’s San Joaquin Valley, is more So radioactive is this idea across party, de- In short, thanks to intense pressure from blunt. ‘‘The cheap labor,’’ he said, ‘‘isn’t mographic, class and geographic lines that an unusual coalition forged by the agricul- cheap enough.’’ President Bush has wisely decided effec- tural industry and illegal alien advocacy Mr. Simpson and other growers have de- tively to shelve the immigration reform plan groups, the Senate might endorse the sort of vised a system that increases yields and cuts he announced with much fanfare earlier this election altering initiative that precipitates the demand for workers during the peak har- year. With the lowest job approval ratings of voter response—like that made famous by vest time by 90 percent; rather than cutting his presidency, the last thing he needs is a the movie ‘‘Network News’’: ‘‘I am mad as grapes by hand and laying them out to dry, legislative brawl that will at best fracture, hell and I am not going to take it anymore.’’ the farmers let the fruit dry on the vine be- and at worst massively alienate his base. Some, perhaps including the normally fore it is harvested mechanically. It appears unlikely to help him much with shrewd Mr. Craig, may calculate that such Some fruit-tree growers in Washington Americans of other stripes, either. Signifi- voters will have nowhere to go if the alter- State have introduced a machine that cant numbers of independents and Demo- native to Republican control of the White knocks cherries off the tree onto a conveyor crats (although, to be sure, not John Kerry’s House and Senate would be Democrats who belt; they are trying to perfect a similar sys- left-wing constituency)—even Hispanic are, if anything, even less responsible when tem for apples. Strawberry growers in Ven- ones—feel as conservative Republicans do: it comes to amnesty (and social services, tura County, Calif., developed a mobile con- Rewarding those who violate our immigra- voting rights, etc.) for illegal aliens. veyor belt to move full strawberry boxes tion statutes is corrosive to the rule of law, The truth of the matter, though—as Presi- from the fields to storage bins, cutting de- on net detrimental to our economy and a se- dent Bush’s political operatives apparently mand for workers by a third. And producers rious national security vulnerability. concluded after they trotted out their am- of leaf lettuce and spinach for bag mixes Unfortunately for Mr. Bush, one of his nesty-light initiative last January—is voters have introduced mechanical cutters. most loyal friends in the U.S. Senate, Repub- don’t have to vote Democratic to change American farmers have been dragging ma- lican conservative Larry Craig of Idaho, is Washington’s political line-up. They just chines into their fields at least since the poised to saddle the president’s re-election have to stay home on Election Day. And S. mid-19th century, when labor shortages dur- bid with just such a divisive initiative: S. 1645 could give them powerful reason to do ing the Civil War drove a first wave of me- 1645, the Agricultural Job Opportunity, Ben- so. chanical harvesting. Mechanization grew efits and Security Act of 2003 (better known apace for the following 100-plus years, taking as the AgJobs bill). AgJobs is, in some ways, [From the New York Times, March 22, 2004] over the harvesting of crops including wheat, even worse than the president’s plan for tem- corn, cotton and sugar cane. IN FLORIDA GROVES, CHEAP LABOR MEANS porary workers. While most experts disagree, But not all crops were easily adaptable to MACHINES at least Mr. Bush insists that his initiative machines. Whole fruit and vegetables—the will not amount to amnesty for illegal (By Eduardo Porter) most lucrative and labor intensive crops, aliens. IMMOKALEE, FLA.—Chugging down a row of employing four of every five seasonal field No such demurral is possible about S. 1645. trees, the pair of canopy shakers in Paul workers—require delicate handling. Mecha- By the legislation’s own terms, an illegal Meador’s orange grove here seem like a cross nization sometimes meant rearranging the alien will be turned into ‘‘an alien lawfully between a bulldozer and a hairbrush, their fields, planting new types of vines or trees admitted for temporary residence,’’ provided hungry steel bristles working through the and retrofitting packing plants. they had managed to work unlawfully in an tree crowns as if untangling colossal heads of Rather than make such investments, farm- agricultural job in the United States for a hair. ers mostly focused on lobbying government

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3806 CONGRESSIONAL RECORD — SENATE April 18, 2005 for easier access to inexpensive labor. Cali- Last year, machines harvested 17,000 acres of high-tech verification systems for the fornia growers, the biggest fruit and vege- the state’s 600,000 acres planted in juice or- Department of Homeland Security. table producers in the nation, persuaded the anges, said Fritz M. Roka, an agricultural That is why, whether you agree on government to admit Mexican workers dur- economist at the University of Florida. the specific methods or not, the House ‘‘Mechanical harvesting is the biggest ing World War I. Later, from 1942 to 1964, 4.6 of Representatives attached national million Mexican farm workers were admitted change in the Florida citrus industry since into the country under the bracero guest- we switched to aluminum ladders,’’ said Will drivers’ license standards and asylum worker program. Elliott, general manager of Coe-Collier Cit- changes, in the so-called REAL ID pro- Investment in technology generally hap- rus Harvesting, one of seven commercial con- visions, to the Iraq supplemental ap- pened when the immigrant spigot was shut. tractors that are shaking trunks and brush- propriations bill. After the bracero program ended and some ing canopies around the state. That is why I have supported Senator farm wages began to rise, scientists at the Mr. Brown, the retired Department of Cit- BYRD on an amendment to this bill to University of California at Davis began work rus official, estimates that in five years, ma- increase border security, hire more in- on both a machine to harvest tomatoes me- chines will harvest 100,000 acres of oranges here. But there are obstacles. Machines work vestigators and enforcement agents, chanically and a tomato better suited to me- and boost resources for detention. chanical harvesting. best on the big, regularly spaced, groomed By 1970, the number of tomato-harvest jobs young groves in the southwest, and some do That is why I am cosponsoring a bill had been cut by two-thirds. But the tomato not work at all on the smaller, older, more to help States deal with undocumented harvester’s success proved to be a kiss of irregular acreage in central Florida. Ma- criminal aliens. death for mechanical harvesting. In 1979, the chines are hard to use on Valencia orange And that is why I have worked to farm worker advocacy group California trees, because shaking them risks pre- bring the AgJOBS—bill the Agricul- Rural Legal Assistance, with support from maturely dislodging much of the following tural Job Opportunities, Benefits, and the United Farm Workers union of Cesar year’s harvest. Security Act—to the Senate floor. Chavez, sued U.C. Davis, charging that it was Still, the economics are in mechanization’s favor. A tariff of 29 cents per pound on im- I truly wish we did not have to have using public money for research that dis- this debate on this bill on the Senate placed workers and helped only big growers. ports of frozen concentrated orange juice lets Florida growers resist the Brazilian on- floor. The lawsuit was eventually settled. But However, the House of Representa- even before that, in 1980, President Jimmy slaught—but not by much. According to Ron- Carter’s agriculture secretary, Bob Bergland, ald Muraro and Thomas Spreen, researchers tives has forced this opportunity upon declared that the government would no at the University of Florida, Brazil could de- us. By putting border, identification, longer finance research projects intended to liver a pound of frozen concentrate in the and asylum provisions in the supple- replace ‘‘an adequate and willing work force United States for under 75 cents, versus 99 mental, the House has turned this bill with machines.’’ Today, the Agricultural Re- cents for a Florida grower. Mechanical harvesting can help cut the into an immigration bill. search Service employs just one agricultural gap. Mr. Loukonen of Barron Collier esti- I am committed to making this de- engineer: Donald Peterson, a longtime re- mates that machine harvesting shaves costs bate as brief as possible, and as full and searcher at the Appalachian Fruit Research by 8 to 10 cents a pound of frozen con- fair as necessary. As far as I am con- Station in Kearneysville, W. Va. centrate. cerned, a thorough debate on AgJOBS ‘‘At one time I was told to keep a low pro- The spread of mechanization could redraw file and not to publicize what I was doing,’’ does not need to take more than a cou- the profile of Immokalee, which today is a ple hours, if we can get agreement from Mr. Peterson said. rather typical American farming town. Sev- As the government pulled out, growers lost enty-one percent of the population of 20,000 Senators who oppose the amendment. interest as well, refocusing on Congress in- is Latino—with much of the balance coming The Senate has enough time for this stead. In 1986, farmers were instrumental in from Haiti—and 46 percent of the residents amendment. If anyone is going to un- winning passage of the Immigration Reform are foreign born, according to the 2000 cen- duly delay this bill, it is not this Sen- and Control Act, which legalized nearly sus. About 40 percent of the residents live ator. As a member of the Appropria- three million illegal immigrants—more than under the poverty line, and the median fam- tions Committee and on this floor, I a third under a special program for agri- ily income is below $23,000—less than half culture. fully support prompt appropriations for that of the United States as a whole. our men and women in uniform and for Farmers’ investments in labor-saving tech- Philip Martin, an economist at U.C. Davis, nology all but froze, and gains in labor pro- points to the poverty as an argument in operations necessary in the war on ter- ductivity slowed. From 1986 to 1999, farm favor of labor-saving technology. He esti- rorism. labor inputs fell 2.4 percent, after a drop of 35 mates that about 10 percent of immigrant AgJOBS is only an installment to- percent in the preceding 14 years. Mean- farm workers leave the fields every year to ward an overall solution to our na- while, farmers’ capital investments fell 46.7 seek better jobs. Rather than push more tion’s growing problem of illegal immi- percent from their peak in 1980 through 1999. farmhands out of work, he contends, intro- gration. However, it is a significant in- About 45 vegetable and fruit crops planted ducing machines will simply reduce the de- over 3.6 million acres of land, and worth stallment, a logical installment, and mand for new workers to replenish the labor one that is fully matured and ready to about $13 billion at the farm gate, are still pool. harvested by hand, by a labor force made up And there are some beneficiaries among go forward. mostly of illegal immigrants. On average, workers: those lucky enough to operate the I have worked with my colleagues farm workers earned $6.18 an hour, less than new gear. Perched in the air-conditioned and numerous communities of interest half the average wage for private, nonfarm booth of Mr. Meador’s canopy shaker, a on AgJOBS issues for several years. workers, in 1998, the year of the Labor De- jumpy ranchera tune crackling from the The amendment I bring forward this partment’s most recent survey of agricul- radio, Felix Real, a former picker, said he week has been, in all its major essen- tural workers. can make up to $120 a day driving the con- tials, well-known and much discussed Florida’s orange groves have reflected the traption down the rows, about twice as much broader trends. In the 1980’s, a 20-year re- as he used to make. in the Senate and the House for more search effort into mechanical harvesting Yet many Immokalee workers are nervous. than a year and a half. ground to a halt. With frosts upstate taking ‘‘They are using the machines on the good This bipartisan effort builds upon 200,000 acres out of production, orange prices groves and leaving us with the scraggly years of discussion and suggestions soared and the demand for labor fell. ones,’’ said Venancio Torres, an immigrant among growers, farm worker advo- But as is often the case in agriculture, from Mexico’s coastal state of Veracruz who cates, Latino and immigration issue farmers overreacted to the market’s has been picking oranges in Florida for three advocates, Members of both parties in strength, flocking to plant groves among the years. vegetable patches, pastures and swamps in Mr. Loukonen, the Barron Collier man- both Houses of Congress, and others. the southwestern part of the state. By the ager, said the farm workers were right to be We have now built the largest bipar- early 1990’s, the market looked poised for a anxious. ‘‘If there’s no demand for labor, sup- tisan coalition ever for a single immi- glut. With the prospect of bumper crops in ply will end,’’ he said. ‘‘They will have to gration bill. This letter was just deliv- Brazil, where harvesting costs are about one- find another place to work, or stay in their ered this week to Senate offices. There third as high as in Florida, a crisis loomed— country.’’ are about 100 more signatures on this driving orange growers back into tech- Mr. CRAIG. Mr. President, our Fed- letter than a similar letter delivered a nology’s embrace. eral Government has got to do better, year ago. Support for AgJOBS is grow- In 1995, the growers decided to plow $1 million to $1.5 million a year into research in faster, in improving our border secu- ing. mechanical harvesting. By the 1999–2000 har- rity and meeting the growing problem That support reflects the fact that, vest, the growers had achieved their techno- of illegal immigration. in agriculture as in other sectors, the logical breakthrough, with four different That is why Congress has been current immigration and labor market harvesting machines working commercially. beefing up the border patrol and buying system is profoundly broken.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3807 An enforcement-only policy is not living wage and assert legal rights that be—and will be—law-abiding members the answer and doesn’t work. undocumented workers—smuggled into of the community, is fair. The United States has 7,458 miles of the country and kept ‘‘underground’’— AgJOBS workers, both adjusting and land borders and 88,600 miles of tidal cannot. Every year, more than 300 per- H–2A, would be free to leave the coun- shoreline. We can secure those fron- sons die in the desert, the boxcar, or try at the end of the work season and tiers well but not perfectly. As we have the back of a truck trailer. For a civ- not be ‘‘locked in’’ the country, be- stepped up border enforcement, we ilized, humane country, that is intoler- tween jobs. have locked undocumented immigrants able. Finally, AgJOBS is good for our in this country at least as effectively For the long term, AgJOBS reforms homeland security. as we have locked any out. and streamlines the profoundly broken With background checks, AgJOBS With an estimated 10 million undocu- H–2A program that is supposed to pro- would let American families know who mented persons in the United States, vide legal, farm guest workers. It is is putting the food on our tables. That to find them and flush them out of now so bureaucratic and burdensome, means ensuring a safe and stable food homes, schools, churches, and work it admits only about 40,000 workers a supply for American families. places would mean an intrusion on the year—2 to 3 percent of farm workers. When we stop sending investigators civil liberties of Americans that they However, we cannot expand the H–2A and enforcement agents into the potato will not tolerate. We fought our revolu- program overnight. A system of con- fields and apple orchards, we will be tion, in part, over troops at our doors sulate system, a Homeland Security able to devote critical resources where and in our homes. bureaucracy, and a Department of they belong—hunting down real crimi- History has shown us what does Labor bureaucracy that, today, chokes nals and stopping terrorists. work: A coupling of more secure bor- on processing 40,000 workers a year will AgJOBS is a win-win-win, for grow- ders, better internal enforcement, and need several years to ramp up to sev- ers, workers, taxpayers, and homeland a guest worker program that faces up eral times that amount. Growers, al- security. I urge my colleagues to sup- to economic reality. most all of which do not use H–2A port this amendment. The only experience our country has today, will need time to get into the I also ask unanimous consent to have had with a legal farm guest worker system. Also, growers will need time to printed in the RECORD several docu- program—used widely in the 1950s but build housing and prepare for the other ments setting out facts about AgJOBS, repealed in the 1960s—taught us conclu- labor standards that H–2A has always the need for AgJOBS, frequently asked sive lessons. While it was criticized on required to prevent foreign workers questions, and letters of endorsement other grounds, that program dramati- from taking jobs from Americans. from the New England Apple Council, cally reduced illegal immigration from As a bridge to stabilize the workforce Americans for Tax Reform, and from high levels to almost nothing, while while H–2A reforms are being imple- former U.S. Trade Representative and meeting labor market needs. mented, AgJOBS includes a one-time- Secretary of Agriculture, Clayton AgJOBS is a groundbreaking, nec- only earned adjustment program, to let Yeutter. essary part of this balanced, realistic about 500,000 trusted farm workers, There being no objection, the mate- approach. American agriculture has with a proven, substantial work his- rial was ordered to be printed in the boldly stepped forward and admitted tory here, continue working here, le- RECORD, as follows: the problem. AgJOBS is a critical part gally. The permanent H–2A reforms FACTS ABOUT AGJOBS of the solution. would make future farm worker adjust- THE AGRICULTURAL JOB OPPORTUNITY, BENE- Agriculture is the sector of the econ- ments unnecessary. FITS, AND SECURITY ACT OF 2005—S. 359/H.R. 884 omy for which the problem is the AgJOBS is not amnesty or a reward The Problem: Some 50 to 75 percent of worst. Fifty to 75 percent of farm for illegal behavior. America’s farm work force is undocumented. As border and internal enforcement im- workers are undocumented. As internal Requiring several years of demand- proves, work force disruptions are increasing enforcement has stepped up, family ing, physical labor in the fields is an and some operations are simply shutting farms are going out of business because opportunity to rehabilitate to legal down because growers cannot find a reliable, they cannot find legal workers. status—to earn the adjustment to legal legal labor supply. This comes at a time This mighty machine we call Amer- status. when American agriculture is in perhaps its ican agriculture is on a dangerous prec- Adjusting AgJOBS workers would most precarious condition in our history, ipice—perhaps the most dangerous in have to meet a higher standard of good and we are on the verge of importing more our history. This year, for the first behavior than other, legal immigrants, food than we grow, for the first time since records have been kept. time since records have been kept, the in the future. Once a worker is in the Long-Term Solution: A permanently re- United States is on the verge of becom- adjustment program, he or she has to formed H–2A program would be streamlined, ing a net importer of agricultural prod- obey all the laws that other, legal im- easier to use, and more economical, pro- ucts. migrants have to. In addition, an ad- viding a legal work force for farm jobs Amer- To keep American-grown food on our justing worker would be deported for icans won’t take. Legal guest workers would families’ tables, we need a stable, legal, conviction of one felony; or three mis- go back to their home countries when the labor supply. To keep suppliers, proc- demeanors, however minor; or, in the work season is over. The current H–2A sys- essors, and other rural jobs alive, amendment before, a single serious tem is profoundly broken and supplies only 2 to 3 percent of farm workers (30,000 to 40,000 American agriculture needs a stable, misdemeanor, defined as an offense a year out of a work force of 1.6 million). legal, labor supply. It has been said, that results in 6 months of jail time. Short-Term ‘‘Bridge’’: A one-time-only foreign workers are going to harvest Part of earning adjustment involves earned adjustment program would allow our food; the only question is whether the immigrant surrendering to some growers to retain trusted, tax-paying em- they do it here or in another country. limits on his or her legal rights—in- ployees with a proven work history, to sta- Whatever the case is in other indus- cluding a substantial prospective work bilize the ag work force as the industry (and tries, in agriculture, we really are talk- requirement in agriculture and meet- the government bureaucracy) transitions to ing about jobs that Americans can’t or ing a higher legal standard of good be- greater use of a reformed H–2A program. Based on DOL statistics, about 500,000 work- won’t take. This physically demanding havior than other, legal immigrants. ers would be eligible to apply. labor is seasonal and migrant in na- The adjusting worker can apply for Rehabilitation, not ‘‘amnesty’’: A signifi- ture. Few Americans can or will leave permanent residence—a green card—at cant prospective work requirement (at least home and family behind, to travel from the end of the adjustment process. As a 360 days over 3 to 6 years, including at least State to State, crop to crop, for only practical matter, obtaining a green 240 days in the first 3 years) in agriculture— part of the year, living in temporary card would take about 6 to 9 years among the most physically demanding work structures. The planting, growing, and after the worker enters the adjustment in the country—means adjusting workers process. For the work involved, the could earn the right to stay and work toward harvesting seasons occur at different legal status. Adjusting workers would have times in different States—usually when economic contributions made, and the to meet a higher standard of good behavior students are not available. diligence required over a long period of than other, legal immigrants, being subject AgJOBS is also part of a humane so- time, this is fair. Sharing the Amer- to deportation for any 3 misdemeanors, re- lution. Legal workers can demand a ican dream with persons who want to gardless how minor.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3808 CONGRESSIONAL RECORD — SENATE April 18, 2005 Good for homeland security: Hundreds of eral law actually punishes ‘‘too much dili- on other grounds, it dramatically reduced il- thousands of undocumented workers would gence’’ in checking worker documentation. legal immigration while meeting labor mar- be brought out of the shadows and given Some growers already have gone out of busi- ket needs. background checks. DHS could re-focus more ness, lacking workers to work their crops at Adjustment of workers to legal status resources on fighting more dangerous critical times. To provide a ‘‘bridge’’ to stabilize the ag threats. Undocumented workers are among the work force while H–2A reforms are being im- Good for American consumers: American most vulnerable persons in our country, and plemented, AgJOBS would create a new families would be more certain of a safe, sta- know they must live in hiding, not attract earned adjustment program, in which farm ble, food supply grown in America, and we attention at work, and move furtively. They workers already here, but working without would know who is growing our food. cannot claim the most basic legal rights and legal authorization, could earn adjustment Not a ‘‘magnet’’ for new illegal immigra- protections. They are vulnerable to preda- to legal status. To qualify, an incumbent tion: Only workers with a substantial, prov- tion and exploitation. Many have paid worker must have worked in the United en work history (at least 100 days) in agri- ‘‘coyotes’’—labor smugglers—thousands of States in agriculture, before January 1, 2005, culture in the USA before January 1, 2005, dollars to be transported into and around for at least 100 days in a 12–month period would be eligible to apply for the earned ad- this country, often under inhumane and per- over the last 18 months prior to the bill’s in- justment program. ilous conditions. Reports continue to mount troduction. (The average migrant farm work- Not ‘‘taking jobs away’’ from American of horrible deaths suffered by workers smug- er works 120 days a year.) workers: H–2A labor standards (including gled in enclosed truck trailers. This would not spur new immigration, be- wages, housing, and transportation) ensure Meanwhile, the only program currently in cause adjustment would be limited to incum- that American workers are not ‘‘underbid’’ place to respond to such needs, the H–2A bent, trusted farm workers with a significant for H–2A jobs. Whatever arguments some legal guest worker program, is profoundly work history in U.S. agriculture. The adjust- may make about other industries, most of broken. The H–2A status quo is slow, bureau- ing worker would have non-immigrant, but the work in labor-intensive agriculture is cratic, and inflexible. The program is com- legal, status. Adjustment would not be com- seasonal and migrant in nature. Most Amer- plicated and legalistic. DOL’s compliance plete until a worker completes a substantial ican workers cannot and will not leave their manual alone is over 300 pages. The current work requirement in agriculture (at least 360 families and homes behind, to move from H–2A process is so expensive and hard to use, days over the next 3–6 years, including 240 farm to farm, living in temporary quarters, it places only about 30,000–50,000 legal guest days in the first 3 years). following temporary work. workers a year—2 percent to 3 percent of the Approximately 500,000 workers would be el- Humane, good for workers: It is intolerable total ag work force. A General Accounting igible to apply (based on current workforce that, every year, hundreds of workers die Office study found DOL missing statutory estimates). Their spouses and minor children packed in boxcars or truck trailers or cross- deadlines for processing employer applica- would be given limited rights to stay in the ing the desert. Many thousands are preyed tions to participate in H–2A more than 40% U.S., protected from deportation. The work- upon by human smugglers. Stepped-up bor- percent of the time. Worker advocates have er would have to verify compliance with the der enforcement has locked in as many as it expressed concerns that enforcement is inad- law and continue to report his or her work has locked out, as returning home at the end equate. history to the government. Upon completion of the work season becomes as treacherous THE SOLUTION—AGJOBS REFORMS of adjustment, the worker would be eligible and deadly as entering the country. Workers for legal permanent resident status. Consid- AgJOBS legislation provides a two-step ap- with legal status can assert legal rights ering the time elapsed from when a worker proach to a stable, legal, safe, ag work force: against exploitation and safely leave the first applies to enter the adjustment process, (1) Streamlining and expanding the H–2A country when the work is done. this gives adjusting workers no advantage legal, temporary, guest worker program, and THE NEED FOR AGJOBS LEGISLATION—NOW over regular immigrants beginning the legal making it more affordable and used more— immigration process at the same time. Americans need and expect a stable pre- the long-term solution, which will take time dictable, legal work force in American agri- AgJOBS would not create an amnestv pro- to implement; (2) Outside the H–2A program, gram. Neither would it require anything un- culture. Willing American workers deserve a a one-time adjustment to legal status for ex- system that puts them first in line for avail- duly onerous of workers. Eligible workers perienced farm workers already working who are already in the United States could able jobs with fair, market wages. All work- here, who currently lack legal documenta- ers deserve decent treatment and protection continue to work in agriculture, but now tion—the bridge to allow American agri- could do so legally, and prospectively earn of basic rights under the law. Consumers de- culture to adjust to a changing economy. serve a safe, stable, domestic food supply. adjustment to legal status. Adjusting work- H–2A Reforms: Currently, when enough do- ers may also work in another industry, as American citizens and taxpayers deserve se- mestic farm workers are not available for cure borders, a safe homeland, and a govern- long as the agriculture work requirement is upcoming work, growers are required to go satisfied. ment that works. Yet we are being threat- through a lengthy, complicated, expensive, ened on all these fronts, because of a growing and uncertain process of demonstrating that AGJOBS IS A WIN-WIN-WIN APPROACH shortage of legal workers in agriculture. fact to the satisfaction of the federal govern- Workers would be better off than under the To address these challenges, a bipartisan ment. They are then allowed to arrange for status quo. Legal guest workers in the H–2A group of Members of Congress, including the hiring of legal, temporary, non- program need the assurance that govern- Senators Larry Craig (ID) and Ted Kennedy immigrant guest workers. These guest work- ment red tape won’t eliminate their jobs. (MA) and Representative Chris Cannon (UT) ers are registered with the U.S. Government For workers not now in the H–2A program, and Howard Berman (CA), is introducing the to work with specific employers and return every farmworker who gains legal status fi- Agricultural Job Opportunity, Benefits, and to their home countries when the work is nally will be able to assert legal protection— Security (AgJOBS) Act of 2005. This bipar- done. Needed reforms would: which leads to higher wages, better working tisan effort builds upon years of discussion Replace the current quagmire for quali- conditions, and safer travel. Growers and and suggestions among growers, farm worker fying employers and prospective workers workers would get a stable, legal work force. advocates, Latino and immigration issue ad- with a streamlined ‘‘attestation’’ process Consumers would get better assurance of a vocates, Members of both parties in both like the one now used for H–1B high-tech safe, stable, American-grown, food supply— Houses of Congress, and others. In all sub- workers, speeding up certification of H–2A not an increased dependence on imported stantive essentials, this bill is the same as S. employers and the hiring of legal guest food. Law-abiding Americans want to make 1645/H.R. 3142 in the 108th Congress. workers. sure the legal right to stay in our country is THE PROBLEMS Participating employers would continue to earned, and that illegal behavior is not re- Of the USA’s 1.6 million agricultural work provide for the housing and transportation warded now or encouraged in the future. Bor- force, more than half is made up of workers needs of H–2A workers. New adjustments to der and homeland security would be im- not legally authorized to work here—accord- the Adverse Effect Wage Rate would be sus- proved by bringing workers out of the under- ing to a conservative estimate by the De- pended during a 3-year period pending exten- ground economy and registering them with partment of Labor, based, astoundingly, on sive study of its impact and alternatives. the AgJOBS adjustment program. Overall, self-disclosure in worker surveys. Reason- Other current H–2A labor protections for AgJOBS takes a balanced approach, and able private sector estimates run to 75 per- both H–2A and domestic workers would be would work to benefit everyone. cent or more. continued. H–2A workers would have new FREQUENTLY ASKED QUESTIONS ON AGJOBS With stepped up documentation enforce- rights to seek redress through mediation and AND EARNED ADJUSTMENT ment by the Social Security Administration federal court enforcement of specific rights. Q. Amnesty doesn’t work. Why try it and the Bureau of Immigration and Customs Growers would be protected from frivolous again? Enforcement (the successor to the old INS), claims, exorbitant damages, and duplicative A. Amnesty doesn’t work. That’s why I persons working here without legal docu- contract claims in state courts. never have supported it. The country has mentation are not leaving the country, but The only experience our country has had tried amnesty in the past and it’s failed. Our just being scattered. The work force is being with a broadly-used farm guest worker pro- current immigration law is flawed and en- constantly and increasingly disrupted. Ag gram (used widely in the 1950s but repealed forcement has been a miserable failure. The employers want a legal work force and must in the 1960s) demonstrated conclusive, and government has pretended to control the have a stable work force to survive—but fed- instructive, results. While it was criticized borders while the country has looked the

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3809 other way and ignored the problem. That’s justment Program would give us the time we the adjusting workers will be those H2A precisely why we need to try a new, innova- need to reform and significantly grow the workers who have obeyed the law, and they tive approach like AgJOBS. other program in the bill, the H–2A Program, will finally be rewarded. Some agents and Q. How can you justify rewarding people which employs legal, temporary ‘‘guest some associations see that as a bad move, who came here illegally by allowing them to workers’’ who enter the U.S. only under gov- which will cause disruption in the workforce, become legal? ernment supervision and leave when the most growers say it’s time to reward those A. The only workers who apply for the ad- work is done. Because the H–2A Program has workers who have obeyed the law. justment program will be those who want to been broken for decades, there’s been no ef- As a longtime user of H2A workers and Ex- become law-abiding in every respect. They fective vehicle for workers to come here le- ecutive Director of New England Apple Coun- will have to register with the government gally to work in agriculture when domestic cil and past President of the National Coun- and verify their continued employment. workers aren’t available. cil of Agricultural employers I believe I have Their adjustment to legal status will be com- Q. Aren’t these illegals stealing jobs from the feel of most agricultural employers in plete only after they earn it with continued, Americans? the United States. They are overwhelmingly demanding labor in agriculture for the next A. I hear about that in other industries. I in favor of Ag-Jobs. The Jamaica Central 3–6 years. If an adjusting worker breaks don’t know that I’ve ever received one com- Labour Organization, which supplies most of other laws, he or she is out. The Adjustment plaint from an American citizen who wanted the H2A workers to employers in the North- Program would be there to benefit hard- to do the physically demanding labor of a east, is in favor of Ag-Jobs. The Association working, known, trusted farm workers who migrant farm worker and felt an illegal alien of Employers of Jamaican Workers, which I did and will obey our laws in every other had kept him or her out of that job. But I am Chairman of, supports Ag-Jobs. And last- way. This is not a reward, but rehabilitation. have heard from farmers who have gone out ly the 520 Organizations who signed the let- Q. Won’t the promise of status adjustment of business because they couldn’t find a legal ter to congress sent on April 11th. Support encourage more illegal immigration? work force. This is why many of our legal Ag-Jobs. Please tell the Senate that an over- A. Not in our AgJOBS bill. If someone visa programs are industry-specific—because whelming number of the U.S. employers of wants to enter the United States to take ad- the economy and labor markets are different H2A labor support Ag-Jobs. vantage of our bill, they are already too late. for different industries. This is precisely the Thank you for your support on this very To begin applying for adjustment, the work- reason to try the AgJOBS solution in agri- difficult issue. er must have been here before January 1, culture. Sincerely, 2005—3 weeks before the bill was intro- Q. How will this bill help us control our JOHN YOUNG. duced—with a substantial record of work in borders? agriculture. We are talking about stabilizing A. We can’t possibly seal off thousands of AMERICANS FOR TAX REFORM, the current farm work force—working with miles of borders and coastlines. But we can Washington, DC, April 12, 2005. persons who already are here. control them better and improve our home- Hon. LARRY CRAIG, Q. Why should agriculture get this special land security. Thousands of AgJOBS workers U.S. Senate, treatment? would be registered with, and in a job pro- Washington, DC. A. That’s the sector of our economy most gram supervised by, the Federal Govern- Hon. CHRIS CANNON, impacted by illegal immigration. The crisis ment. This would be a major step forward to- House of Representatives, in agriculture must be addressed imme- ward a longer-term, more comprehensive so- Washington, DC. diately—and it took us years just to get lution. DEAR SENATOR CRAIG AND CONGRESSMAN agreement between growers and labor, be- Q. Who’s going to pay for the medical bills CANNON: I would like to take this oppor- tween key Republicans and Democrats, on and social services for adjusting workers? tunity to commend you for the introduction this new approach. If AgJOBS works—and I A. Remember, in the AgJOBS Adjustment of S. 1645 and H.R. 3142, ‘‘The Agricultural believe it will—it will help us figure out how Program, we are talking only about workers Job Opportunity, Benefits, and Security Act to solve the much bigger problem of an esti- who already are here, with substantial jobs of 2005.’’ The ‘‘AgJobs’’ bill is a great first mated million illegal aliens in this country. in agriculture. So, AgJOBS does not add one step in bringing fundamental reform to our Q. Illegal aliens have broken the law. Why bit to this burden. In fact, if anything, it nation’s broken immigration system. not just round them up and deport them? starts helping to provide relief. When these AgJobs would make America more secure. A. (1) We can’t, as a practical matter. The workers gain legal status, they will be in a 50 to 75 percent of the agricultural workforce official 2000 Census estimated that there are better position to earn more and do more to in this country is underground due to highly- more than 8.7 million illegal aliens in the provide for themselves than they can today. impractical worker quota restrictions. Up to U.S. There are more today. That’s the con- NEW ENGLAND APPLE COUNCIL INC., 500,000 workers would be given approved sequence of looking the other way for dec- April 18, 2005. worker status, screened by the Department ades. Finding and forcibly removing all of Hon. SENATOR CRAIG, of Homeland Security, and accounted for them would make the War on Terrorism look U.S. Senate, while they are here. Any future workers cheap and would disrupt communities and Washington, DC. coming into America looking for agricul- work places to an extent most Americans DEAR SENATOR CRAIG: The New England tural work would be screened at the border, simply wouldn’t tolerate. If a law has failed, Apple Council was formed more than 35 years where malcontents can most easily be turned you can ignore it or fix it. Looking the other ago, at the end of the Bracero program. Our back. way only encourages more disrespect for the 185 growers, me included, have used H2A The current H–2A agricultural worker pro- law. We need a new, innovative solution. workers or workers under previous programs gram only supplies about 2–3 percent of the AgJOBS is the pilot program. for more than 50 years. The first foreign farm workforce. That means that the great (2) Up to 85 percent of all farm workers are workers to come to New England to harvest majority of workers who pick our fruit and here illegally. If we could round up and de- crops were in 1943. Over the last decade we vegetables have never been through security port every illegal farm worker, that would be have been struggling to keep the H2A pro- screening. In a post-9/ll world, this is simply pretty much the end of American agri- gram working. I don’t need to tell you the intolerable. Workers that are here to work in culture—the end of our safe, secure, home- program is broken and in order for our grow- jobs native-born Americans are not willing grown food supply. That’s how I first got in- ers to keep a legal workforce the program to do must stay if food production is to re- volved in this issue, because agriculture is needs fixing. main adequate. However, those already here critical to the economy of Idaho—and the I listened to Senators Sessions and Byrd and new workers from overseas should have nation. We need to bring these workers out speaking against Ag-Jobs on Friday and was a screening system that works, both for our of the shadows, out of the underground econ- extremely disturbed by what they were say- safety and for their human rights. Your bill omy, and turn them into law-abiding working. They read from letters sent by a few as- does just that. ers. sociations and agents who are opposed to Ag- Sincerely, Q. Won’t more illegals to sneak across the Jobs. The growers using the H2A program GROVER G. NORQUIST, border, claim they were already here as farm ARE IN FAVOR OF AG-JOBS!! Some asso- President. workers, and abuse this new program? ciations and agents are not. Why? Because if A. Unlike the 1986 program—which was we reform H2A so that it really works many POTOMAC, MD, April 13, 2005. amnesty and was very different—our bill re- growers will be able to use it without an as- Hon. LARRY CRAIG, quires workers to provide documentary proof sociation or agent. That’s what H2A reform U.S. Senate, that they already were established here as is all about, and we are in favor of it!! Work- Washington, DC. farm workers—for example, tax records or ers who have held H2A jobs and meet the re- DEAR SENATOR CRAIG: History dem- employers’ records. quired days of employment will be rewarded onstrates that there are moments in time Q. Once this wave of ‘‘adjusting workers’’ for playing by the rules. Senator Sessions when special opportunities arise for political settle in, what’s to prevent the demand for stated Friday that ‘‘only people who break action that successfully addresses multiple ANOTHER amnesty program in a few years? the law will be rewarded’’, that is not true!! challenges. Today is one of those occasions. A. Our bill would help stabilize the farm We have many workers who for many years, The opportunity is Senator Larry Craig’s work force in the short term so that Amer- some since before 1986, have been coming AgJobs bill, S. 359. ican farmers can adjust to the economy of yearly and going home at the end of their News headlines are alerting American vot- the 21st Century for the long term. The Ad- contract. Nationwide between 7 and 10% of ers of concerns about our trade deficit,

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3810 CONGRESSIONAL RECORD — SENATE April 18, 2005 American jobs lost to off-shore competition, status quo is simply unacceptable. The re- SEC. ll. TECHNICAL CORRECTION TO THE long-term funding of the Social Security sys- forms now being proposed are a practical so- MEDICARE HEALTH CARE INFRA- tem, and a seemingly irreversible pattern of lution to a serious problem that is a genuine STRUCTURE IMPROVEMENT PRO- increasing illegal immigration. A significant threat to the future of American agriculture. GRAM. opportunity for political action that begins As President Bush has stated, we can and (a) IN GENERAL.—Section 1897(c) of the So- to address all of these challenges is within must do better to match a willing and hard- cial Security Act (42 U.S.C. 1395hhh(c)) is reach. working immigrant worker with producers amended— That opportunity, if taken, will strengthen who are in desperate need of a lawful work- (1) in paragraph (2)— American labor-intensive agriculture and enforce. It is in our great country’s interest to (A) in the matter preceding subparagraph sure its future role as a major U.S. export in- enact these reforms and reap the harvest of (A), by inserting ‘‘or an entity described in dustry. A growing agriculture sector will political action at a special moment in time. paragraph (3)’’ after ‘‘means a hospital’’; and keep jobs in America, because studies show Sincerely, (B) in subparagraph (B)— that every laborer in production agriculture CLAYTON YEUTTER, (i) by inserting ‘‘legislature’’ after ‘‘State’’ generates 3.5 additional jobs in related busi- Former Secretary of Agriculture and the first place it appears; and nesses. The workers in all these jobs will be Former U.S. Trade Representative. (ii) by inserting ‘‘and such designation by participants in the Social Security system the State legislature occurred prior to De- that is dependent upon a large workforce. APRIL 11, 2005. cember 8, 2003’’ before the period at the end; Perhaps most significantly, reputable stud- DEAR MEMBER OF CONGRESS: The under- and ies confirm that the best solution for stem- signed organizations and individuals, rep- (2) by adding at the end the following new ming the tide of illegal immigration is guest resenting a broad cross-section of America, paragraph: worker programs that function. join together to ask you to support enact- ‘‘(3) ENTITY DESCRIBED.—An entity de- Government statistics and other evidence ment of S. 359 and H.R. 884, the Agricultural scribed in this paragraph is an entity that— suggest that at least 50 percent and perhaps Job Opportunities, Benefits and Security Act ‘‘(A) is described in section 501(c)(3) of the 70 percent of the current agricultural work- of 2005 (AgJOBS). This landmark bipartisan Internal Revenue Code of 1986 and exempt force is not in this country legally. The im- legislation would achieve historic reforms to from tax under section 501(a) of such Code; mediate reaction of some is to say that these our nation’s labor and immigration laws as ‘‘(B) has at least 1 existing memorandum workers have broken the law and should be they pertain to agriculture. The legislation of understanding or affiliation agreement deported, and that U.S. farmers would not reflects years of negotiations on complex and with a hospital located in the State in which have a labor problem if wages were in- contentious issues among employer and the entity is located; and creased. worker representatives and leaders in Con- ‘‘(C) retains clinical outpatient treatment That ‘‘easy’’ answer ignores the reality gress. for cancer on site as well as lab research and A growing number of our leaders in Con- that few Americans are drawn to highly sea- education and outreach for cancer in the gress, as well as the President, recognize sonal and physically demanding work in ag- same facility.’’. that our nation’s immigration policy is riculture. At chaotic harvest times, a stable, (b) LIMITATION ON REVIEW.—Section 1897 of flawed and that, from virtually every per- dependable workforce is essential. My expe- the Social Security Act (42 U.S.C. 1395hhh(c)) spective, the status quo is untenable. Amer- rience over many years tells me that agricul- is amended by adding at the end the fol- ica needs reforms that are compassionate, tural employers do not want to hire illegal lowing new subsection: realistic and economically sensible—reforms immigrants. What they want is a stable, via- ‘‘(i) LIMITATION ON REVIEW.—There shall be that also enhance the rule of law and con- ble program with integrity that will meet no administrative or judicial review of any tribute to national security. AgJOBS rep- their labor force needs in a timely, effective determination made by the Secretary under resents the coming together of historic ad- way. What they do not want is a program this section.’’. versaries in a rare opportunity to achieve re- (c) EFFECTIVE DATE.—The amendments with major shortcomings, for which they forms supportive of these goals, as well as will inevitably be blamed. Unfortunately, made by this section shall take effect as if our nation’s agricultural productivity and included in the enactment of section 1016 of that is what our laws have imposed upon food security. them. the Medicare Prescription Drug, Improve- AgJOBS represents a balanced solution for ment, and Modernization Act of 2003 (Public As a Nation, we can and must do better— American agriculture, a critical element of a for agricultural employers, for immigrant Law 108–173; 117 Stat. 2447). comprehensive solution, and one that can be Mr. COCHRAN. Mr. President, I workers, and as insurance to secure a strong enacted now with broad bipartisan support. agriculture business sector. Many of these For these reasons, we join together to en- think we can have a voice vote on this workers have come to the U.S. on a regular courage the Congress to enact promptly S. amendment. basis. Many have lived here for years doing 359 and H.R. 884, the Agricultural Job Oppor- The PRESIDING OFFICER. The our toughest jobs, and some would like to tunities, Benefits, and Security Act of 2005. question is on agreeing to the amend- earn the privilege of living here perma- Thank you. ment. nently. Why not permit them to do so, over The PRESIDING OFFICER. The Sen- The amendment (No. 496) was agreed a specified timeframe, thereby keeping the ator from Mississippi. best workers here? That has the additional to. AMENDMENT NO. 496 advantage of permitting our government to Mr. COCHRAN. Mr. President, I move better focus its limited monitoring/enforce- Mr. COCHRAN. Mr. President, I have to reconsider the vote, and I move to ment resources, particularly where security requests to make in behalf of the man- lay that motion on the table. may be a concern. Let’s use entry/exit track- agers of the bill with respect to amend- The motion to lay on the table was ing, tamper proof documentation, biometric ments that have been cleared on both agreed to. identification, etc. where it will truly pay se- sides of the aisle. AMENDMENT NO. 473 curity dividends, and let’s stop painting all I call up amendment No. 496 on be- Mr. COCHRAN. Mr. President, I call immigrants with the same brush. half of Mr. REID of Nevada which is A limited, earned legalization for agri- up amendment No. 473 on my own be- technical in nature. half regarding the business and indus- culture is nothing like an amnesty program. The PRESIDING OFFICER. The It would apply only to immigrants who are try loan program. clerk will report. at work, paying taxes, and are willing to The PRESIDING OFFICER. The The assistant legislative clerk read earn their way to citizenship so that they clerk will report. as follows: too can share in the American dream. These The assistant legislative clerk read workers form the foundation of much of our The Senator from Mississippi [Mr. COCH- as follows: Nation’s agricultural workforce. We need RAN] for Mr. REID, proposes an amendment them! numbered 496. The Senator from Mississippi [Mr. COCH- Agricultural employers need an updated Mr. COCHRAN. Mr. President, I ask RAN] proposes an amendment numbered 473. guest work program to replace the anti- unanimous consent that reading of the Mr. COCHRAN. Mr. President, I ask quated ‘‘H2A’’ temporary worker system, amendment be dispensed with. unanimous consent that reading of the which is too expensive and too bureaucratic The PRESIDING OFFICER. Without amendment be dispensed with. to be of practical use. Necessary reforms in- objection, it is so ordered. The PRESIDING OFFICER. Without clude fair and stronger security and identi- objection, it is so ordered. fication measures, market-based wage rates, The amendment is as follows: and comprehensive application procedures. (Purpose: To amend title XVIII of the Social The amendment is as follows: The reform program I have outlined al- Security Act to make a technical correc- (Purpose: To limit the use of funds to deny ready has broad bipartisan support, thanks tion regarding the entities eligible to par- the provision of certain business and indus- to the good work and leadership of Senators ticipate in the Health Care Infrastructure try direct and guaranteed loans) LARRY CRAIG and TED KENNEDY, among oth- Improvement Program, and for other pur- On page 231, between lines 3 and 4, insert ers, and a bipartisan group of House col- poses) the following: leagues. Their approach deserves immediate At the appropriate place, insert the fol- SEC. 6047. None of the funds made available and serious consideration by the Senate. The lowing: by this or any other Act may be used to deny

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3811 the provision of assistance under section (Purpose: To provide deferral and resched- Whereas, the King has thwarted efforts of 310B(a)(1) of the Consolidated Farm and uling of debt to tsunami affected coun- member of the National Human Rights Com- Rural Development Act (7 U.S.C. 1932(a)(1)) tries) mission to conduct monitoring activities, solely due to the failure of the Secretary of On page 194, line 19 after the colon insert but recently agreed to permit the United Na- Labor to respond to a request to certify as- the following: tions High Commissioners for Human Rights sistance within the time period specified in Provided further, That the President is to open an office in Katmandu to monitor section 310B(d)(4) of that Act. hereby authorized to defer and reschedule for and investigate violations. The PRESIDING OFFICER. The such period as he may deem appropriate any Whereas, the Maoists have committed question is on agreeing to the amend- amounts owed to the United States or any atrocities against civilians and poses a agency of the United States by those coun- threat to democracy in Nepal. ment. Whereas, the Nepalese Army has also com- The amendment (No. 473) was agreed tries significantly affected by the tsunami and earthquakes of December 2004, including mitted gross violations of human rights. to. Whereas, King Gyanendra has said that he the Republic of Indonesia, the Republic of intends to pursue a military strategy against Mr. COCHRAN. Mr. President, I move Maldives and the Democratic Socialist Re- the Maoists. to reconsider the vote, and I move to public of Sri Lanka; Provided further, That of Whereas, Nepal needs an effective military lay that motion on the table. the funds appropriated under this heading, strategy to counter the Maoists and pressure up to $45,000,000 may be made available for The motion to lay on the table was them to negotiate an end to the conflict, but the modification costs, as defined in section agreed to. such a strategy must include the Nepalese 502 of the Congressional Budget Act of 1974, AMENDMENT NO. 536 Army’s respect for the human rights and dig- if any, associated with any deferral and re- nity of the Nepalese people. Mr. COCHRAN. Mr. President, I send scheduling authorized under this heading: to the desk an amendment on behalf of Whereas, an effective strategy to counter Provided further, That such amounts shall the Maoists also requires a political process Mr. BOND regarding insurance fee re- not be considered ‘‘assistance’’ for the pur- that is inclusive and democratic in which quirements. poses of provisions of law limiting assistance constitutional rights are protected, and gov- The PRESIDING OFFICER. The to any such affected country: ernment policies that improve the lives of clerk will report. The PRESIDING OFFICER. The the Nepalese people. The assistant legislative clerk read question is on agreeing to the amend- (b) Whereas, now therefore, be it as follows: ment. Resolved, That it is the Sense of the Senate The amendment (No. 491) was agreed that King Gyanendra should immediately re- The Senator from Mississippi [Mr. COCH- lease all political detainees, restore con- RAN], for Mr. BOND, proposes an amendment to. stitutional liberties, and undertake good numbered 536. Mr. COCHRAN. Mr. President, I move faith negotiations with the leaders of Nepal’s Mr. COCHRAN. Mr. President, I ask to reconsider the vote. political parties to restore democracy. unanimous consent that reading of the Mr. REID. I move to lay that motion The PRESIDING OFFICER. The amendment be dispensed with. on the table. question is on agreeing to the amend- The motion to lay on the table was The PRESIDING OFFICER. Without ment. agreed to. objection, it is so ordered. The amendment (No. 492) was agreed The amendment is as follows: AMENDMENT NO. 492 to. Mr. COCHRAN. Mr. President, I call Mr. COCHRAN. Mr. President, I move (Purpose: Make technical correction to up amendment No. 492 on behalf of Mr. to reconsider the vote. mortgage insurance fee requirements con- Mr. REID. I move to lay that motion tained in the FY 2005 Omnibus Appropria- LEAHY regarding Nepal. tions bill) The PRESIDING OFFICER. The on the table. The motion to lay on the table was Insert the following (and renumber if ap- clerk will report. The assistant legislative clerk read agreed to. propriate) on page 231, after line 3: Mr. REID. Mr. President, I ask unan- ‘‘SEC. 6047. (a) Section 222 of title II of Di- as follows: imous consent that the pending amend- vision I of Public Law 108–447 is deleted; and The Senator from Mississippi [Mr. COCH- (b) Section 203(c)(1) of the National Hous- RAN], FOR MR. LEAHY, proposes an amendment be set aside, and I ask unanimous ing Act (12 U.S.C. 1709(c)) is amended by— ment numbered 492. consent that it be in order that three (1) striking ‘‘subsections’’ and inserting Mr. COCHRAN. Mr. President, I ask amendments en bloc be called up. ‘‘subsection’’, and unanimous consent that reading of the The PRESIDING OFFICER. Is there (2) striking ‘‘or (k)’’ each place that it ap- amendment be dispensed with. objection? Without objection, it is so pears.’’. The PRESIDING OFFICER. Without ordered. The PRESIDING OFFICER. The objection, it is so ordered. AMENDMENTS NOS. 388, 443, 459, AND 537 question is on agreeing to the amend- The amendment is as follows: Mr. REID. Mr. President, I send to ment. (Purpose: To express the Sense of the Senate the desk amendments on behalf of Mr. The amendment (No. 536) was agreed in support of the immediate release from DURBIN, No. 443; Mr. BAYH, No. 338; Mr. to. detention of political detainees and the BIDEN, No. 537; and Mr. FEINGOLD, No. Mr. COCHRAN. Mr. President, I move restoration of constitutional liberties and 459; and I ask unanimous consent that to reconsider the vote. democracy in Nepal) they be set aside. Mr. REID. I move to lay that motion At the appropriate place in the bill, insert The PRESIDING OFFICER. Is there on the table. the following: objection? Without objection, it is so The motion to lay on the table was NEPAL ordered. agreed to. SEC. (a) FINDINGS.—The Senate makes the The amendments en bloc are as fol- AMENDMENT NO. 491 following findings— lows: Whereas, on February 1, 2005, Nepal’s King AMENDMENT NO. 388 Mr. COCHRAN. Mr. President, I call Gyanendra dissolved the multi-party govern- up amendment No. 491 on behalf of Mr. (Purpose: To appropriate an additional ment, suspended constitutional liberties, and $742,000,000 for Other Procurement, Army, MCCONNELL regarding debt relief in arrested political party leaders, human for the procurement of up to 3,300 Up Ar- tsunami-affected countries. rights activists and representatives of civil mored High Mobility Multipurpose The PRESIDING OFFICER. The society organizations. Wheeled Vehicles (UAHMMVs)) Whereas, despite condemnation of the clerk will report. On page 169, between lines 8 and 9, insert The assistant legislative clerk read King’s actions and the suspension of military aid to Nepal by India and Great Britain, and the following: as follows: similar steps by the United States, the King UP ARMORED HIGH MOBILITY MULTIPURPOSE The Senator from Mississippi [Mr. COCH- has refused to restore constitutional lib- WHEELED VEHICLES RAN], for Mr. MCCONNELL, proposes an erties and democracy. SEC. 1122. (a) ADDITIONAL AMOUNT FOR amendment numbered 491. Whereas, there are concerns that the OTHER PROCUREMENT, ARMY.—The amount Mr. COCHRAN. Mr. President, I ask King’s actions will strengthen Nepal’s appropriated by this chapter under the head- unanimous consent that reading of the Maoist insurgency. ing ‘‘OTHER PROCUREMENT, ARMY’’ is hereby Whereas, while some political leaders have increased by $742,000,000, with the amount of amendment be dispensed with. been released from custody, there have been such increase designated as an emergency re- The PRESIDING OFFICER. Without new arrests of human rights activists and quirement pursuant to section 402 of the con- objection, it is so ordered. representatives of other civil society organi- ference report to accompany S. Con. Res. 95 The amendment is as follows: zations. (108th Congress).

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Mr. President, as we by subsection (a), $742,000,000 shall be avail- Reconstruction of Iraq and Afghanistan, 2004 are in the midst of this important de- able for the procurement of up to 3,300 Up (Public Law 108–106; 117 Stat. 1224) under the bate on the war supplemental, immi- Armored High Mobility Multipurpose heading ‘‘OTHER BILATERAL ECONOMIC gration, and other pressing issues, all Wheeled Vehicles (UAHMMVs). ASSISTANCE’’ and under the subheading over America things are happening (c) REPORTS.—(1) Not later 60 days after ‘‘IRAQ RELIEF AND RECONSTRUCTION FUND’’, that don’t always make it to this floor. the date of the enactment of this Act, and $50,000,000 shall be available to carry out sec- This week in my State and in my every 60 days thereafter until the termi- tion 3001 of the Emergency Supplemental Ap- home city, where I was born, Atlanta, nation of Operation Iraqi Freedom, the Sec- propriations Act for Defense and for the Re- retary of Defense shall submit to the con- construction of Iraq and Afghanistan, 2004 GA, there will be a retirement. Mr. gressional defense committees a report set- (Public Law 108–106; 117 Stat. 1234). Such Mark Fitzgerald will retire from his ting forth the current requirements of the amount shall be in addition to any other years of service with the Home Build- Armed Forces for armored security vehicles. amount available for such purpose and avail- ers Association of Metropolitan At- (2) Not later than 90 days after the date of able until the date of the termination of the lanta, an association he has built to be- the enactment of this Act, the Secretary Office of the Special Inspector General for come one of the largest in the United shall submit to the congressional defense Iraq Reconstruction. States of America. He will be honored. committees a report setting forth the most AMENDMENT NO. 537 There will be testimonials. There will effective and efficient options available to the Department of Defense for transporting (Purpose: To provide funds for the security be gifts. But the greatest gift is the Up Armored High Mobility Multipurpose and stabilization of Iraq and Afghanistan service he and his association have Wheeled Vehicles to Iraq and Afghanistan. and for other defense-related activities by given to the economy of our State, for suspending a portion of the reduction in AMENDMENT NO. 443 the betterment of our State, and in the the highest income tax rate for individual entrepreneurship and freedom that we Purpose: To affirm that the United States taxpayers) may not engage in torture or cruel, inhu- all love in this great country of ours. man, or degrading treatment under any At the appropriate place, insert the fol- So I want to pause this moment and circumstances) lowing: let the RECORD of the Senate reflect SEC. ll. (a) PROVISION OF FUNDS FOR SE- On page 231, after line 3, insert the fol- that this week, as we debate the issues CURITY AND STABILIZATION OF IRAQ AND AF- lowing: of the day, all over America there are GHANISTAN AND FOR OTHER DEFENSE-RELATED AFFIRMING THE PROHIBITION ON TORTURE AND ACTIVITIES THROUGH PARTIAL SUSPENSION OF those who have given their lives in CRUEL, INHUMAN, OR DEGRADING TREATMENT REDUCTION IN HIGHEST INCOME TAX RATE FOR service to their country through the SEC. 6047. (a)(1) None of the funds appro- INDIVIDUAL TAXPAYERS.—The table contained free enterprise system. priated or otherwise made available by this in paragraph (2) of section 1(i) of the Internal Today and this week, in Georgia, one Act shall be obligated or expended to subject Revenue Code of 1986 (relating to (relating to Mark Fitzgerald is one who will be any person in the custody or under the phys- reductions in rates after June 30, 2001) is honored. I commend him for his serv- ical control of the United States to torture amended to read as follows: ice, his commitment, and his citizen- or cruel, inhuman, or degrading treatment or ship in this great country and in our The corresponding per- punishment that is prohibited by the Con- ‘‘In the case of home State. stitution, laws, or treaties of the United taxable years centages shall be sub- States. stituted for f beginning dur- the following percentages: (2) Nothing in this section shall affect the ing calendar CAMERAS IN THE COURTROOM status of any person under the Geneva Con- year: 28% 31% 36% 39.6% ventions or whether any person is entitled to Mr. FEINGOLD. Mr. President, I am the protections of the Geneva Conventions. 2001 ...... 27.5% 30.5% 35.5% 39.1% proud to once again support the Grass- (b) As used in this section— 2002 ...... 27.0% 30.0% 35.0% 38.6% ley-Schumer bill on cameras in the (1) the term ‘‘torture’’ has the meaning 2003, 2004, and 2005 25.0% 28.0% 33.0% 35.0% courtroom. This proposal was reported 2006 and thereafter 25.0% 28.0% 33.0% 38.6%’’. given that term in section 2340(1) of title 18, by the Judiciary Committee on a bipar- United States Code; and tisan vote in the last two congresses, (2) the term ‘‘cruel, inhuman, or degrading (b) EFFECTIVE DATE.—The amendment treatment or punishment’’ means the cruel, made by this section shall apply to taxable and I very much hope we can get it unusual, and inhumane treatment or punish- years beginning after December 31, 2005. signed into law this year. ment prohibited by the fifth amendment, (c) APPLICATION OF EGTRRA SUNSET TO When the workings of Government eighth amendment, or fourteenth amend- THIS SECTION.—The amendment made by this are transparent, the people understand ment to the Constitution of the United section shall be subject to title IX of the their Government better and can more States. Economic Growth and Tax Relief Reconcili- constructively participate in it. They AMENDMENT NO. 459 ation Act of 2001 to the same extent and in can also more easily hold their public the same manner as the provision of such officials accountable. I believe this (Purpose: To extend the termination date of Act to which such amendment relates. Office of the Special Inspector General for principle can and should be applied to Iraq Reconstruction, expand the duties of Mr. COCHRAN. Mr. President, I sug- the judicial as well as the legislative the Inspector General, and provide addi- gest the absence of a quorum. and executive branches of Government, tional funds for the Office) The PRESIDING OFFICER. The while still respecting the unique role of On page 169, between lines 8 and 9, insert clerk will call the roll. the Federal judiciary. the following: The legislative clerk proceeded to We have a long tradition of press ac- OFFICE OF THE SPECIAL INSPECTOR GENERAL call the roll. cess to trials, but in this day and age, FOR IRAQ RECONSTRUCTION Mr. FRIST. Mr. President, I ask it is no longer sufficient to read in the SEC. 1122. (a) Subsection (o) of section 3001 unanimous consent that the order for morning paper what happened in a trial of the Emergency Supplemental Appropria- the quorum call be rescinded. the day before. The public wants to see tions Act for Defense and for the Reconstruc- for itself what goes on in our courts of tion of Iraq and Afghanistan, 2004 (Public The PRESIDING OFFICER. Without Law 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 objection, it is so ordered. law and I think it should be allowed to section 8G note), as amended by section do so. 1203(j) of the Ronald W. Reagan National De- f Concerns about cameras interfering fense Authorization Act for Fiscal Year 2005 with the fair administration of justice (Public Law 108–375; 118 Stat. 2081) is amend- in this county are, I believe, over- MORNING BUSINESS ed by striking ‘‘obligated’’ and inserting ‘‘ex- stated. Experience in the State pended’’. Mr. FRIST. Mr. President, I ask courts—and the vast majority of States (b) Subsection (f)(1) of such section is unanimous consent that there now be a now allow trials to be televised—has amended in the matter preceding subpara- period of morning business, with Sen- shown that it is possible to permit the graph (A) by inserting ‘‘appropriated funds ators permitted to speak for up to 10 by the Coalition Provisional Authority in public to see trials on television with- Iraq during the period from May 1, 2003 minutes each. out compromising the defendant’s through June 28, 2004 and’’ after ‘‘expendi- The PRESIDING OFFICER. Without right to a fair trial or the safety or pri- ture of’’. objection, it is so ordered. vacy interests of witnesses and jurors.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3813 There is no question in my mind that of his sexual orientation. The teenage malpractice. You have always been a very the highly trained judges and lawyers boys allegedly jumped the man near his no-nonsense guy and a person driven by the who sit on and argue before our Na- home on the evening of March 19, 2005. facts. These are the facts. As my mentor, Mr. tion’s Federal appellate courts would The assailants repeatedly punched and Jones, used to say ‘‘end of report’’. Thank you for your good service in the US continue to conduct themselves with kicked the man while yelling antigay Senate, but I sure hope this information may dignity and professionalism if cameras epithets. help you on the issue of medical malpractice. were recording their work. I believe that the government’s first In my home town of Centerville, I can assure Let me note also that I believe the duty is to defend its citizens, to defend you the number one issue for doctors is Med- arguments against allowing cameras in them against the harms that come out icaid-Medicare reimbursement—not mal- the courtroom are least persuasive in of hate. The Local Law Enforcement practice. The second major issue for them is the case of appellate proceedings, in- Enhancement Act is a symbol that can lifestyle and the fact that they have very few cluding the Supreme Court. In fact, I become substance. I believe that by nights and/or weekends off. The third issue is culture and/or the lack of such. Way down had the opportunity to watch the oral passing this legislation and changing the list malpractice, because there has never argument when the Supreme Court current law, we can change hearts and even been a malpractice case filed in ap- considered the constitutionality of the minds as well. proximately half the counties in Iowa. McCain-Feingold bill in 2003. It was a f Sincerely yours, fascinating experience, and one that I JAMES W. CARNEY. MEDICAL MALPRACTICE wish all Americans could have. Of course, the entire country was able to Mr. GRASSLEY. Mr. President, one Although you hear all types of stories hear delayed audio feeds of the two Su- of my constituents, James W. Carney, about lawsuits and anecdotal stories about preme Court oral arguments in Bush v. an attorney practicing in Des Moines, litigation, you should know what the facts IA, recently requested that I bring to are here in Iowa. It is the farthest thing Gore and the arguments on affirmative from the truth to argue that Iowa is a liti- action. This allowed the public and im- the attention of my colleagues in the gious state. Consider the following: portant look at the making of deci- Senate some aspects of the medical Fact 1: Medical malpractice lawsuits are sions that affect them in a profound malpractice situation in Iowa he be- down 29.6% over the last three years. way. Seeing the arguments live would lieves should be more widely known. I Fact 2: According to the National Associa- have been even better. I do not believe ask unanimous consent that his March tion of Insurance Commissioners own report- that a discreet camera in the court- 30 letter to me, and his e-mail to John ing, Iowa has one of the lowest loss experi- room would have changed the char- Whitaker, a Representative in the Iowa ences in the United States. Medical mal- State House of Representatives, be practice insurance companies collected over acter or quality of the arguments one $60 million in premiums from Iowa physi- iota. printed in the RECORD. cians and paid out $41 million for direct My State of Wisconsin has a long and There being no objection, the mate- losses, defense and cost containment ex- proud tradition of open government, rial was ordered to be printed in the penses. The Iowa loss ratio is 67.64%, one of and it has served us well. Coming from RECORD, as follows: the lowest in the country. that tradition, I look with skepticism CARNEY, APPLEBY, Fact 3: Independent rating services sub- on any remnant of secrecy that lingers KIELSEN & SKINNER, P.L.C., stantiate that capping recoveries will not in our governmental processes. Trials Des Moines, IA, March 30, 2005. have any effect on insurance premiums or Re medical malpractice reform. the availability of insurance. and court hearings are public pro- Fact 4: Iowa has already adopted signifi- Senator CHARLES GRASSLEY, ceedings, paid for by the taxpayers. Ex- cant tort reform measures, and because of cept in the most rare and unusual cir- Federal Building, Des Moines, IA. this, is rated as having one of the most rea- cumstances, the public is entitled to DEAR SENATOR GRASSLEY: I was just listen- sonable and fair litigation systems in the see what happens in those proceedings. ing to WHO and heard your comment that if United States by the U.S. Chamber of Com- The bill that my friends from Iowa we had medical malpractice reform we merce. and New York have proposed is a re- wouldn’t have to perform all the tests that Iowa’s civil justice system, conservative sponsible and measured bill. It gives are unneeded. As a supporter of yours going jurors and low verdicts are not the cause of discretion to individual Federal judges back to the days when you were in the Iowa high insurance rates for Iowa physicians. Capitol, I cry foul. I am attaching an email Caps on non-economic damages will not do to allow cameras in their courtrooms. anything to help Iowa physicians obtain At the same time, it assures that wit- which we sent to all members of the Iowa Legislature. lower insurance premiums. Caps will hurt in- nesses will be able to request that their I would request that you make known to nocent Iowa citizens who, through no fault of identities not be revealed in televised the US Senate the true facts of what is going their own, have been severely injured. proceedings. This bill gives deference out in real Iowa—real America. Should not professionals who cause injuries to the experience and judgment of Fed- Malpractice cases are down 29.6% over the to innocent patients be responsible for their eral judges who remain in charge of last three years. Civil filings are down in the negligent conduct? their own courtrooms. That is the state of Iowa. Civil jury trials are down in f right approach. the state of Iowa. There were only 22 mal- ADDITIONAL STATEMENTS Cameras in the courtroom is an idea practice cases tried in the entire state of Iowa last year. Verdicts are down. whose time came some time ago. It is Meahwhile, guess what? Our physicians are high time we brought it to the Federal having their malpractice premiums in- HONORING STUDENTS FROM WEST courts. I am proud to support the creased by 10, 15 and 20%. It is ridiculous to WARWICK HIGH SCHOOL Grassley-Schumer bill, and I hope we blame lawyers. can enact it this year. Doctors perform tests because they believe ∑ Mr. CHAFEE. Mr. President, from it is the best patient care and the tests are f April 30 to May 2, 2005, more than 1,200 necessary. I have yet to talk to a doctor who students from across the United States LOCAL LAW ENFORCEMENT is willing to admit that the only reason they will visit Washington, D.C. to take part ENHANCEMENT ACT OF 2005 perform a test is because they fear they are in the national finals of ‘‘We the Peo- going to be sued or it might be malpractice. ple: The Citizen and the Constitution,’’ Mr. SMITH. Mr. President, I rise Doctors perform tests because their patients today to speak about the need for hate deserve the best medical care they can give an educational program developed spe- crimes legislation. Each Congress, Sen- them. I believe they are motivated from an cifically to educate young people about ator KENNEDY and I introduce hate altruistic point of view and they truly care the U.S. Constitution and Bill of crimes legislation that would add new about their patients. I have heard it said Rights. Administered by the Center for categories to current hate crimes law, many times that it might also be in their Civic Education, the ‘‘We the People’’ sending a signal that violence of any best financial interest to order tests, as they program is funded by the U.S. Depart- kind is unacceptable in our society. obviously get paid for the services. Blaming ment of Education by an act of Con- Iowa lawyers for unnecessary medical tests gress. Likewise, each day I have come to the is like blaming a farmer for drought or floor to highlight a separate hate crime floods. I am attaching the civil filing statis- I am proud to announce that, because that has occurred in our country. tics from the Supreme Court of the State of of their knowledge of the U.S. Con- Last March, a Bronx man was as- Iowa. I hope these come in handy for your stitution, the following students from saulted by a group of teenagers because reference the next time you are asked about West Warwick High School from the

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3814 CONGRESSIONAL RECORD — SENATE April 18, 2005 city of West Warwick will represent center has successful projects to end from Marian College and Butler Uni- the State of Rhode Island in this na- predatory lending and flipping prac- versity. tional event: Mikaela Condon, Ahmahd tices and to end the blight of vacant Supplementing his impressive aca- Elshanawany, Michela Fleury, Katelyn properties in city neighborhoods. Fur- demic and military careers, Bob re- Grandchamp, Jaclyn Henry, Katelyn ther, the volunteer spirit that gave the mains a consistent voice in public serv- Kelly, Shaina Lamchick, Adam center its start lives on in its pro bono ice throughout the State of Indiana Larocque, Lyndsey Miller, Johnathon project, which currently has 185 active and nationally. From 1989 to 1998 he Myers, Cheryl Nary, Amanda Simas, pro bono attorneys and has opened over was a trustee of Indiana University, in- William Stranahan, Larissa Swenson, 500 cases serving hundreds of organiza- cluding a term as President of the and David Yates. Led by their teacher tions in the Baltimore area. Board from 1993–1994. He was Chairman Mr. Marc Leblanc, these outstanding In addition to the hours she has dedi- of the Board of Advisors of Indiana students won their statewide competi- cated to the Community Law Center, University-Purdue University at Indi- tion and earned the chance to come to Anne Blumenberg has generously do- anapolis and was formerly a director Washington and compete at the na- nated her time to serve as a board and Chairman of the Board of Trustees tional level. member to numerous other community of Marian College. Additionally, as a The three-day ‘‘We the People’’ Na- organizations, including Civil Justice, trustee of the Hudson Institute, the tional Finals Competition is modeled Inc., Empowerment Legal Services, the U.S. Naval Academy Foundation, the after hearings in the U.S. Congress. Coalition to End Childhood Lead Poi- Indiana University Foundation, and The students are given an opportunity soning, and the Lawyer’s Clearing- the Sierra Club Foundation, Bob con- to demonstrate their knowledge before house. And she has literally ‘‘written tinues to encourage sound public pol- a panel of judges while they evaluate, the book’’ on starting a nonprofit orga- icy. take, and defend positions on relevant nization: her manual, ‘‘Starting a Non- During the administration of Presi- historical and contemporary issues. Profit Organization: A Practical dent Carter, he served as Chairman of I wish the students of West Warwick Guide,’’ is now in its fourth edition. the Federal Home Loan Bank Board, High School the best of luck at the Anne Blumenberg was truly a vision- the Federal Home Loan Mortgage Cor- ‘‘We the People’’ national finals and ary. She saw, earlier than most, how poration, the Federal Savings & Loan applaud their achievement. I am sure legal tools could be used to improve Insurance Corporation, and the Neigh- this valuable experience will encourage the lives of some of the city of Balti- borhood Reinvestment Corporation. these young Rhode Islanders to remain more’s poorest and most vulnerable Currently, he is a member of the Presi- engaged with government and public citizens, and she transformed her vi- dential Advisory Board for Cuba. policy issues in the future.∑ sion into a creative, vigorous and effec- Bob has likewise achieved numerous f tive public services law firm. As a re- successes in the private sector. After sult of the programs Anne Blumenberg cofounding one of the largest law firms HONORING ANNE L. BLUMENBERG built at the Community Law Center, in Indianapolis, Bose McKinney & ∑ Mr. SARBANES. Mr. President, I rise Baltimore’s neighborhoods have come Evans LLP, Bob served as Chairman of today to pay special tribute to Anne L. alive again. Residents now have the The Somerset Group, Inc., a publicly Blumenberg, one of Baltimore’s most tools they need to fight the flipping of traded financial services company. In skillful attorneys and equally one of homes by unscrupulous lenders; to re- 2000, The Somerset Group merged into its most dedicated and visionary citi- move drug dealers from their corners; the First Indiana Corporation, a pub- zens. Anne recently retired as execu- to acquire vacant houses, renovate licly traded bank holding company tive director of the Community Law them, and put them up for sale; and that operates First Indiana Bank, the Center, which develops innovative more broadly, to promote citywide largest bank based in Indianapolis. legal strategies to assist Baltimore’s policies that will improve the quality Now, Bob is preparing to turn those du- community organizations and neigh- of their lives. In short, thanks to Anne ties over to his able daughter, Marni borhoods. Blumenberg’s hard work and dedica- McKinney. Anne was born and raised in Balti- tion, Baltimoreans are once again in I am pleased to have had this oppor- more’s Waverly neighborhood, and she control of their neighborhoods, and the tunity to call to the attention of my returned to Baltimore after receiving neighborhoods, which do so much to colleagues the extraordinary accom- her law degree from Catholic Univer- define Baltimore’s character, are plishments of Bob McKinney. I admire sity’s Columbus School of Law. In 1983, blooming.∑ his idealism and sustained energy and I she and a group of like-minded lawyers f join his wife, Arlene, his five children and community activists founded the and five grandchildren, in wishing him Community Law Center. In its early HONORING THE RETIREMENT OF every continuing success as he enters days the center focused primarily on ROBERT H. MCKINNEY this new chapter of his life.∑ ∑ public safety as the path to neighbor- Mr. LUGAR. Mr. President, I inform f hood survival, depending on volunteer my colleagues of the retirement of a lawyers to carry out its work. Under remarkable figure in my home State of ACCOLADES TO REVEREND T.F. Anne’s leadership, the center’s attor- Indiana, Robert H. McKinney. TENNEY neys pioneered the use of nuisance laws Bob McKinney has been a friend of ∑ Mr. VITTER. Mr. President, I thank as a litigation strategy to address qual- mine since my days as Mayor of Indi- the Reverend T.F. Tenney for more ity-of-life issues, including housing anapolis. During that time he was crit- than 25 years of guidance, service and conditions and drug activity, in Balti- ical to the passage of Uni-Gov, the leadership throughout the great state more neighborhoods. The center had massive restructuring of the bound- of Louisiana. such great success with these suits aries and governmental structure of I recognize Reverend T.F. Tenney, that in 1996, the Maryland General As- the City of Indianapolis. His bipartisan United Pentecostal Church District Su- sembly passed the community rights support of this shared vision was in- perintendent for the State of Lou- bill—developed in large measure by the strumental in allowing for the progress isiana. Reverend Tenney retired on center—granting Baltimore City com- and prosperity of Indianapolis. March 31, 2005, after 26 years of service munity associations legal standing to Bob’s commitment to public service in central Louisiana and throughout seek direct enforcement of housing, began at an early age. After graduating the state. More than 4,000 people came building, zoning, and health codes as a from the United States Naval Academy to offer heartfelt appreciation and best remedy to a public nuisance. Bob, served for 3 years in the Pacific wishes at his retirement ceremony. Recognizing that creating healthy Theater. Additionally, he served two Through his role as district super- neighborhoods begins but does not end more years in the Pacific during the intendent, he was responsible for over- with public safety, Anne Blumenberg Korean War. He is a fine product of seeing all of Louisiana’s United Pente- expanded the Community Law Center’s both the Naval Justice School and the costal Churches. During his 26 years of programs to include economic develop- Indiana University School of Law. Bob service, he created a level of stability ment and real estate issues. Today the also holds Honorary Doctorates of Law in the church and brought the United

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3815 Pentecostal Church to a new level. His the People’’ students ‘‘significantly it’s about time for bombs away. We professionalism and guidance in han- outperformed comparison students on continued and dropped our bombs in dling Louisiana’s churches and their every topic of the tests taken.’’ I am the target area. We notified the squad- congregations will be missed, as well as delighted that the Valley View Blazers ron leader and immediately pulled his great wisdom and leadership. can take advantage of such a great op- away from the formation. I called out I personally commend, honor and portunity. on the intercom that ‘‘we had better thank Reverend Tenney on the occa- These 11 students from Jonesboro get out of here before this plane blows sion of his retirement from service to certainly deserve recognition for their up’’. Things looked pretty bad. I called the people of Louisiana after 26 years hard work and talent. Through their back later to the crew but got no an- as United Pentecostal Church District knowledge of the U.S. Constitution and swer because all of them except the co- Superintendent for the State of Lou- our political system, they have earned pilot, engineer and myself had already isiana.∑ the right to compete at the highest bailed out. f level. I am proud that such fine young The fire continued in number 3 en- ladies and gentlemen will be rep- gine so the engineer bailed out and Vic- CONGRATULATIONS TO ‘‘WE THE resenting my state on the national tor followed him. I climbed down to PEOPLE’’ FINALISTS FROM THE stage, and I am honored to acknowl- bail out but decided to take one last STATE OF ARKANSAS edge their accomplishment. look at number 3. The fire appeared to ∑ Mr. PRYOR. Mr. President, I con- I wish these students the best of luck have gone out. The plane was in a gratulate students from Valley View at the ‘‘We the People’’ national finals, slight dive as I climbed back into the High School in Jonesboro, AR for win- and I applaud their outstanding seat. Upon returning the plane to level ning their statewide competition and achievement.∑ flight I noticed that the fire re ap- earning the chance to come to our Na- f peared. I then put the plane in a fairly tion’s capital to compete in the na- steep dive. I remember saying to my- tional finals of ‘‘We the People: The WORLD WAR II REMEMBRANCE self ‘‘come on baby we’ve gotten this Citizen and the Constitution’’. Led by ∑ Mrs. MURRAY. Mr. President, I rise far, don’t blow up on me now’’. The fire their teacher Dana Shoemaker, stu- today to share with you a remarkable blew out shortly thereafter. My luck dents Jarrett Clark, Virginia Gray, story from World War II and the re- was still holding. Tyler Isbell, Zachery Lesley, Ryan membrance shown by our friends in I was down to about 4000 feet by now McCormack, Ashley Perryman, Whit- Germany. and found myself flying through some ney Philamlee, Olga Redko, Elizabeth Lindlar, Germany a small town out- more flak, and small arms fire. I didn’t Renshaw, Laura Stahl, and Molly side of Cologne, is honoring the mem- realize at the time that I was flying di- Throgmorton will join more than 1,200 ory of an American war hero who lost rectly over the ground fighting be- students from across the country to his life during WWII. First Lieutenant tween our troops and the Germans take part in the weekend-long competi- Victor Rutkowski was a 24 year old, B– somewhere north of Aachen. I really tion. 17 co-pilot assigned to the 390th Bom- did not know who was shooting at me ‘‘We the People’’ is a nationwide pro- bardment Group stationed in England. then but luckily I was out of it in a gram developed specifically to educate Lindlar will be dedicating a monument minute or so. I finally contacted a P–47 young people about the U.S. Constitu- to Victor’s memory and holding a me- fighter pilot in the area who led me tion and Bill of Rights. The program is morial service to honor him this week- into St. Trond, Belgium, Site A92, funded by the U.S. Department of Edu- end. where the landing was not the best I cation, and it provides a unique and Doug Johnson was the pilot of the B– had ever made. A flat right tire that valuable opportunity for high school 17 during Victor’s last mission. The fol- had been shot out by flak didn’t help. students to learn about the founda- lowing is his account of that final mis- After exiting the plane and walking tions of the Federal Government while sion. around to inspect the damage, I no- spending time in Washington, D.C., the Oct 15, 1944: My 35th and final mis- ticed that the tail gunner was still at center of American civic engagement. sion started about like most of the oth- his post. A flak burst had killed him. It is a wonderful thing that these stu- ers we had flown during the previous The plane had about 200 holes in it and dents have taken such an interest in few months. Two of our earlier mis- the fuel was still leaking from the government and the political system. sions had extended all the way from number 3 engine. I still can’t figure out The vibrancy of our democracy depends England, over Germany landing in Rus- why that plane didn’t blow up. on the active participation of its citi- sia for a short stay. Leaving Russia and I later learned that my co pilot was zens. And with every new generation, bombing in Poland and Rumania before killed on the ground by German civil- we are faced with the challenge of edu- proceeding on to Italy for a couple days ians and that my bombardier had been cating our future leaders in the value before our final leg back into wounded but evaded and my engineer also escaped capture and returned to of civic engagement. I am happy that Framlingham, England. But this time base. The rest of my crew spent the the parents and teachers of these stu- we were going on a relatively short balance of the war as POWs. mission to Cologne, Germany. We were dents from Jonesboro are meeting that A truly remarkable story that speaks important challenge and that the stu- to fly the lead position, high element vividly to the sacrifice soldiers such as dents are taking an active role in their of ‘‘B’’ squadron. Take off went accord- Victor made fighting for their coun- own education by participating in such ing to schedule and we were airborne at tries. an enriching program. about 0534. Climb out and assembly was I would like to commend the citizens While in Washington, the students simply routine. We reached the IP and of Lindlar for honoring the memory of will participate in a 3-day academic turned toward the target area. No Victor Rutkowski and all those who competition that simulates a congres- enemy fighters were sighted and it died during in WorId War II. I would sional hearing, in which they testify looked like the flak was going to be like to add the thanks of the before a panel of judges. Students dem- light and inaccurate. Hey, this was Rutkowski family and the United onstrate their knowledge and under- going to be a piece of cake. States Senate to Lindlar for this spe- standing of constitutional principles Just before bombs away the flak be- cial tribute.∑ and have opportunities to evaluate and came moderate and their gunners were f debate positions on relevant historical beginning to home in on us. Suddenly and contemporary issues. It is impor- we received a burst right under the ENROLLED BILL PRESENTED tant to note that the Educational Test- right wing. We lost number 4 engine The Secretary of the Senate reported ing Service—ETS, the world’s largest and Victor Rutkowski, my co-pilot, that on Friday, April 15, 2005, she had private educational testing and re- feathered it immediately then in- presented to the President of the search organization, characterizes the formed me that number three engine United States the following enrolled ‘‘We the People’’ program as a ‘‘great was on fire. Now things were beginning bill: instructional success.’’ Independent to get pretty tense. We attempted to S. 256. An act to amend title II of the studies by ETS have revealed that ‘‘We extinguish the fire with no success and United States Code, and for other purposes.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3816 CONGRESSIONAL RECORD — SENATE April 18, 2005 EXECUTIVE AND OTHER pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Procedures for the COMMUNICATIONS ‘‘Approval and Promulgation of Implementa- Extended Period of Limitations on Assess- tion Plans Georgia: Approval of Revisions to ment for Listed Transactions’’ (Rev. Proc. The following communications were the Georgia State Implementation Plan’’ 2005–26) received on April 13, 2005; to the laid before the Senate, together with (FRL NO. 7898–5) received on April 13, 2005; to Committee on Finance. accompanying papers, reports, and doc- the Committee on Environment and Public EC–1786. A communication from the Acting uments, and were referred as indicated: Works. Chief, Publications and Regulations Branch, EC–1767. A communication from the Assist- EC–1775. A communication from the Chief Internal Revenue Service, Department of the ant Secretary for Fish and Wildlife and Judge, Superior Court of the District of Co- Treasury, transmitting, pursuant to law, the Parks, Fish and Wildlife Service, Depart- lumbia, transmitting, pursuant to law, a re- report of a rule entitled ‘‘Bureau of Labor ment of the Interior, transmitting, pursuant port relative to the District of Columbia Statistics Price Indexes for Department to law, the report of a rule entitled ‘‘Migra- Family Court Act; to the Committee on Stores—February 2005’’ (Rev. Rul. 2005–26) re- tory Bird Subsistence Harvest in Alaska; Homeland Security and Governmental Af- ceived on April 13, 2005; to the Committee on Harvest Regulations for Migratory Birds in fairs. Finance. EC–1776. A communication from the Audi- EC–1787. A communication from the Acting Alaska During the 2005 Season’’ (RIN1018– tor of the District of Columbia, transmit- Assistant Secretary for Legislative Affairs, AT77) received on April 13, 2005; to the Com- ting, pursuant to law, a report entitled ‘‘Fis- Department of State, transmitting, pursuant mittee on Environment and Public Works. cal Year 2004 Annual Report on Advisory to the Arms Export Control Act, the certifi- EC–1768. A communication from the Prin- Neighborhood Commissions″; to the Com- cation of a proposed license for the export of cipal Deputy Associate Administrator, Office mittee on Homeland Security and Govern- defense articles or defense services sold com- of Policy, Economics, and Innovation, Envi- mental Affairs. mercially under contract in the amount of ronmental Protection Agency, transmitting, EC–1777. A communication from the Solic- $50,000,000 or more to Russia and pursuant to law, the report of a rule entitled itor, Federal Labor Relations Authority, Kazakhstan; to the Committee on Foreign ‘‘Approval and Promulgation of Air Quality transmitting, pursuant to law, the report of Relations. Implementation Plans; New Mexico; Albu- a vacancy in the position of General Counsel, EC–1788. A communication from the Ad- querque/Bernalillo County’’ (FRL NO. 7897–6) received on April 13, 2005; to the Committee ministrator of the Agency for International received on April 13, 2005; to the Committee on Homeland Security and Governmental Af- Development, transmitting, pursuant to law, on Environment and Public Works. fairs. a report relative to the Development Assist- EC–1769. A communication from the Prin- EC–1778. A communication from the Acting ance and Child Survival and Health Pro- cipal Deputy Associate Administrator, Office Director, Strategic Human Resources Policy, grams Allocations; to the Committee on For- of Policy, Economics, and Innovation, Envi- Office of Personnel Management, transmit- eign Relations. ronmental Protection Agency, transmitting, ting, pursuant to law, the report of a rule en- EC–1789. A communication from the Assist- pursuant to law, the report of a rule entitled titled ‘‘Absence and Leave; SES Annual ant Legal Adviser for Treaty Affairs, Depart- ‘‘Protection of Stratospheric Ozone: Sub- Leave’’ (RIN3206–AK72) received on April 13, ment of State, transmitting, pursuant to the stitute Refrigerant Recycling; Amendment 2005; to the Committee on Homeland Secu- Case-Zablocki Act, 1 U.S.C. 112b, the report to the Definition of Refrigerant’’ (FRL NO. rity and Governmental Affairs. of the texts and background statements of 7899–3) received on April 13, 2005; to the Com- EC–1779. A communication from the Com- international agreements, other than trea- mittee on Environment and Public Works. missioner, Social Security Administration, ties; to the Committee on Foreign Relations. EC–1770. A communication from the Prin- transmitting, pursuant to law, a report enti- EC–1790. A communication from the Acting cipal Deputy Associate Administrator, Office tled ‘‘Report on Acquisitions Made from For- Assistant Secretary, Legislative Affairs, De- of Policy, Economics, and Innovation, Envi- eign Manufacturers for Fiscal Year 2004’’; to partment of State, transmitting, pursuant to ronmental Protection Agency, transmitting, the Committee on Finance. law, the report of a correction to the Depart- pursuant to law, the report of a rule entitled EC–1780. A communication from the Acting ment’s Fiscal Year 2000 report relative to the ‘‘Outer Continental Shelf Air Regulations Chief, Publications and Regulations Branch, Arms Export Control Act; to the Committee Consistency Update for California’’ (FRL NO. Internal Revenue Service, Department of the on Foreign Relations. 7896–2) received on April 13, 2005; to the Com- Treasury, transmitting, pursuant to law, the EC–1791. A communication from the Gen- mittee on Environment and Public Works. report of a rule entitled ‘‘Health Reimburse- eral Counsel, Department of the Treasury, EC–1771. A communication from the Prin- ment Arrangements’’ (Rev. Rul. 2005–24) re- transmitting, pursuant to law, the report of cipal Deputy Associate Administrator, Office ceived on April 11, 2005; to the Committee on a draft bill to reauthorize United States par- of Policy, Economics, and Innovation, Envi- Finance. ticipation in and appropriations for the U.S. ronmental Protection Agency, transmitting, EC–1781. A communication from the Acting contribution to, the tenth replenishment of pursuant to law, the report of a rule entitled Chief, Publications and Regulations Branch, the resources of the African Development ‘‘National Emission Standards for Hazardous Internal Revenue Service, Department of the Fund, received on April 11, 2005; to the Com- Air Pollutants for Source Categories: Ge- Treasury, transmitting, pursuant to law, the mittee on Foreign Relations . neric Maximum Achievable Control Tech- report of a rule entitled ‘‘Appeals Settle- EC–1792. A communication from the Gen- nology Standards; and National Emission ment Guidelines: Maquiladora—Section eral Counsel, Department of the Treasury, Standards for Ethylene Manufacturing Proc- 168(g)’’ (UIL: 168.29–06) received on April 11, transmitting, pursuant to law, the report of ess Units: Heat Exchange Systems and Waste 2005; to the Committee on Finance. a draft bill to reauthorize United States par- Operations’’ (FRL NO. 7899–1) received on EC–1782. A communication from the Acting ticipation in and appropriations for the U.S. April 13, 2005; to the Committee on Environ- Chief, Publications and Regulations Branch, contribution to, the fourteenth replenishment and Public Works. Internal Revenue Service, Department of the ment of the resources of the International EC–1772. A communication from the Prin- Treasury, transmitting, pursuant to law, the Development Association, received on April cipal Deputy Associate Administrator, Office report of a rule entitled ‘‘Fair Market Value 11, 2005; to the Committee on Foreign Rela- of Policy, Economics, and Innovation, Envi- in a Section 412(i) Plan’’ (Rev. Proc. 2005–25) tions. ronmental Protection Agency, transmitting, received on April 11, 2005; to the Committee EC–1793. A communication from the Gen- pursuant to law, the report of a rule entitled on Finance. eral Counsel, Department of the Treasury, ‘‘Approval and Promulgation of Implementa- EC–1783. A communication from the Acting transmitting, pursuant to law, the report of tion Plans; Texas; Agreed Orders in the Chief, Publications and Regulations Branch, a draft bill ‘‘To expand the list of statutes Beaumont/Port Arthur Ozone Nonattain- Internal Revenue Service, Department of the contained in the original HIPC debt reduc- ment Area’’ (FRL NO. 7898–7) received on Treasury, transmitting, pursuant to law, the tion legislation to include the Lend-Lease April 13, 2005; to the Committee on Environ- report of a rule entitled ‘‘Residence and Act of 1941’’, received on April 11, 2005; to the ment and Public Works. Source Rules Involving U.S. Possessions and Committee on Foreign Relations. EC–1773. A communication from the Prin- Other Conforming Changes’’ ((RIN1545–BE22) EC–1794. A communication from the Gen- cipal Deputy Associate Administrator, Office (TD 9194)) received on April 11, 2005; to the eral Counsel, Department of the Treasury, of Policy, Economics, and Innovation, Envi- Committee on Finance. transmitting, pursuant to law, the report of ronmental Protection Agency, transmitting, EC–1784. A communication from the Acting a draft bill to reauthorize United States par- pursuant to law, the report of a rule entitled Chief, Publications and Regulations Branch, ticipation in and appropriations for the U.S. ‘‘Approval and Promulgation of Implementa- Internal Revenue Service, Department of the contribution to, the eighth replenishment of tion Plans; Texas; 15% Rate-of-Progress Plan Treasury, transmitting, pursuant to law, the the resources of the Asian Development and Motor Vehicle Emissions Budgets, Dal- report of a rule entitled ‘‘Weighted Average Fund, received on April 11, 2005; to the Com- las/Fort Worth Ozone Nonattainment Area’’ Interest Rate Update Notice—Pension Fund- mittee on Foreign Relations . (FRL NO. 7897–7) received on April 13, 2005; to ing Equity Act of 2004’’ (Notice 2005–34) re- EC–1795. A communication from the Acting the Committee on Environment and Public ceived on April 11, 2005; to the Committee on Assistant Secretary, Legislative Affairs, De- Works. Finance. partment of State, transmitting, pursuant to EC–1774. A communication from the Prin- EC–1785. A communication from the Acting law, the web site address of reports entitled cipal Deputy Associate Administrator, Office Chief, Publications and Regulations Branch, ‘‘Supporting Democracy and Human Rights: of Policy, Economics, and Innovation, Envi- Internal Revenue Service, Department of the The U.S. Record 2004–2005’’ and ‘‘Country Re- ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the ports on Human Rights Practices’’ prepared

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by the Bureau of Democracy, Human Rights NC, [CGD05–05–018]’’ (RIN1625–AA87) received By Mr. HARKIN (for himself, Mr. SPEC- and Labor, Department of State; to the Com- on April 12, 2005; to the Committee on Com- TER, Mr. KENNEDY, Mr. GRAHAM, Mrs. mittee on Foreign Relations. merce, Science, and Transportation. CLINTON, Mr. BINGAMAN, and Mr. EC–1796. A communication from the Assist- EC–1806. A communication from the Attor- KERRY): ant Legal Adviser for Treaty Affairs, Depart- ney-Advisor, National Highway Traffic Safe- S. 828. A bill to enhance and further re- ment of State, transmitting, pursuant to the ty Administration, Department of Transpor- search into paralysis and to improve reha- Case-Zablocki Act, 1 U.S.C. 112b, the report tation, transmitting, pursuant to law, the re- bilitation and the quality of life for persons of the texts and background statements of port of a rule entitled ‘‘Final Rule for living with paralysis and other physical dis- international agreements, other than trea- FMVSS No. 138, Tire Pressure Monitoring abilities, and for other purposes; to the Com- ties; to the Committee on Foreign Relations. Systems’’ (RIN2127–AJ23) received on April mittee on Health, Education, Labor, and EC–1797. A communication from the Acting 12, 2005; to the Committee on Commerce, Pensions. Assistant Secretary, Legislative Affairs, De- Science, and Transportation. By Mr. GRASSLEY (for himself, Mr. partment of State, transmitting, pursuant to EC–1807. A communication from the Senior SCHUMER, Mr. CORNYN, Mr. LEAHY, law, a report entitled ‘‘Update on Progress Attorney, Pipeline and Hazardous Materials Mr. CRAIG, Mr. FEINGOLD, Mr. ALLEN, Toward Regional Nuclear Nonproliferation Safety Administration, Department of Mr. DURBIN, Mr. GRAHAM, Mr. in South Asia’’; to the Committee on For- Transportation, transmitting, pursuant to DEWINE, and Mr. ALLARD): eign Relations. law, the report of a rule entitled ‘‘Applica- S. 829. A bill to allow media coverage of EC–1798. A communication from the Acting bility of the Hazardous Regulations to Load- court proceedings; to the Committee on the Assistant Secretary, Legislative Affairs, De- ing, Unloading, and Storage’’ (RIN2137–AC68) Judiciary. partment of State, transmitting, pursuant to received on April 12, 2005; to the Committee By Mr. INHOFE: law, a report entitled ‘‘Overseas Surplus on Commerce, Science, and Transportation. S. 830. A bill to amend the Federal Water Property’’; to the Committee on Foreign Re- EC–1808. A communication from the Acting Pollution Control Act to insert a new defini- lations. Director, Office of Sustainable Fisheries, Na- tion relating to oil and gas exploration and EC–1799. A communication from the Regu- tional Oceanic and Atmospheric Administra- production; to the Committee on Environ- lations Officer, Federal Highway Adminis- tion, Department of Commerce, transmit- ment and Public Works. tration, Department of Transportation, ting, pursuant to law, the report of a rule en- By Mr. BINGAMAN: transmitting, pursuant to law, the report of titled ‘‘Closing Pollock in Statistical Area S. 831. A bill to provide for the establish- a rule entitled ‘‘Procedures for Abatement of 620 of the Gulf of Alaska’’ (I.D. No. 031805A) ment of a Health Workforce Advisory Com- Highway Traffic Noise and Construction received on April 13, 2005; to the Committee mission to review Federal health workforce Noise’’ (RIN2125–AF03) received on April 12, on Commerce, Science , and Transportation. policies and make recommendations on im- 2005; to the Committee on Commerce, EC–1809. A communication from the Acting proving those policies; to the Committee on Science, and Transportation. Director, Office of Sustainable Fisheries, Na- Health, Education, Labor, and Pensions. EC–1800. A communication from the Chief, tional Oceanic and Atmospheric Administra- By Mr. BINGAMAN (for himself, Mr. Regulations and Administrative Law, U.S. tion, Department of Commerce, transmit- SMITH, Mr. BAUCUS, Mr. GRASSLEY, Coast Guard, Department of Homeland Secu- ting, pursuant to law, the report of a rule en- Mr. AKAKA, Mr. SCHUMER, and Mr. rity, transmitting, pursuant to law, the re- titled ‘‘Fisheries of the Northeastern United PRYOR): port of a rule entitled ‘‘Drawbridge Oper- States; Tilefish Fishery; Quota Harvested for S. 832. A bill to amend the Internal Rev- ations (Including 4 Regulations): [CGD01–04– Part-time Category’’ (I.D. No. 030905G) re- enue Code of 1986 to provide taxpayer protec- 129], [CGD01–04–127], [CGD01–04–047], [CGD01– ceived on April 13, 2005; to the Committee on tion and assistance, and for other purposes ; 04–143]’’ (RIN1625–AA09) received on April 12, Commerce, Science, and Transportation. to the Committee on Finance. 2005; to the Committee on Commerce, EC–1810. A communication from the Chair- By Mr. BINGAMAN: S. 833. A bill to amend the Workforce In- Science, and Transportation. man, Federal Election Commission, trans- vestment Act of 1998 to authorize the Sec- EC–1801. A communication from the Chief, mitting, pursuant to law, a report entitled retary of Labor to provide for 5-year pilot Regulations and Administrative Law, U.S. ‘‘Congressional Justification Budget Request projects to establish a system of industry- Coast Guard, Department of Homeland Secu- for Fiscal Year 2006’’; to the Committee on validated national certifications of skills in rity, transmitting, pursuant to law, the re- Rules and Administration. high-technology industries and a cross-dis- port of a rule entitled ‘‘Drawbridge Oper- f ciplinary national certification of skills in ations (Including 4 Regulations): [CGD01–05– homeland security technology; to the Com- 019], [CGD08–05–017], [CGD01–05–023], [CGD08– INTRODUCTION OF BILLS AND mittee on Health, Education, Labor, and 05–018]’’ (RIN1625–AA09) received on April 12, JOINT RESOLUTIONS Pensions. 2005; to the Committee on Commerce, The following bills and joint resolu- By Mr. BINGAMAN: Science, and Transportation. S. 834. A bill to amend the Workforce In- EC–1802. A communication from the Chief, tions were introduced, read the first vestment Act of 1998 to provide for inte- Regulations and Administrative Law, U.S. and second times by unanimous con- grated workforce training programs for Coast Guard, Department of Homeland Secu- sent, and referred as indicated: adults with limited English proficiency, and rity, transmitting, pursuant to law, the re- By Mr. BURNS: for other purposes; to the Committee on port of a rule entitled ‘‘Safety Zones (Includ- S. 823. A bill to provide for the establish- Health, Education, Labor, and Pensions. ing 3 Regulations): [CGD05–05–007], [CGD05– ment of summer health career introductory By Mr. CRAIG (for himself and Mr. 05–021], [COTP Jacksonville 05–033]’’ programs for middle and high school stu- BURNS): (RIN1625–AA00) received on April 12, 2005; to dents; to the Committee on Health, Edu- S. 835. A bill to amend the Internal Rev- the Committee on Commerce, Science , and cation, Labor, and Pensions. enue Code of 1986 to allow a nonrefundable Transportation. By Mr. BURNS: tax credit for elder care expenses; to the EC–1803. A communication from the Chief, S. 824. A bill to amend the Internal Rev- Committee on Finance. Regulations and Administrative Law, U.S. enue Code of 1986 to provide a tax credit to By Ms. CANTWELL: Coast Guard, Department of Homeland Secu- primary health providers who establish prac- S. 836. A bill to require accurate fuel econ- rity, transmitting, pursuant to law, the re- tices in health professional shortage areas; omy testing procedures; to the Committee port of a rule entitled ‘‘Safety Zones (Includ- to the Committee on Finance. on Environment and Public Works. ing 2 Regulations): [CGD01–05–011], [COTP By Mr. CORZINE (for himself and Mr. By Mr. INHOFE: San Francisco Bay 05–003]’’ (RIN1625–AA00) LAUTENBERG): S. 837. A bill to amend the Safe Drinking received on April 12, 2005; to the Committee S. 825. A bill to establish the Crossroads of Water Act to clarify the definition of the on Commerce, Science, and Transportation. the American Revolution National Heritage term ‘‘underground injection″; to the Com- EC–1804. A communication from the Chief, Area in the State of New Jersey, and for mittee on Environment and Public Works. Regulations and Administrative Law, U.S. other purposes; to the Committee on Energy Coast Guard, Department of Homeland Secu- and Natural Resources. f rity, transmitting, pursuant to law, the re- By Mr. BURNS: ADDITIONAL COSPONSORS port of a rule entitled ‘‘Terms Imposed by S. 826. A bill to provide that the convey- States on Numbering of Vessels; Electronic ance of the former radar bomb scoring site to S. 44 Submission, [USCG–2003–15708]’’ (RIN1625– the city of Conrad, Montana, is not subject At the request of Mr. HAGEL, the AA75) received on April 12, 2005; to the Com- to reversion; to the Committee on Armed name of the Senator from Louisiana mittee on Commerce, Science, and Transpor- Services. (Ms. LANDRIEU) was added as a cospon- tation. By Mr. FEINGOLD (for himself, Mr. sor of S. 44, a bill to amend title 10, EC–1805. A communication from the Chief, SCHUMER, and Mrs. CLINTON): United States Code, to increase the Regulations and Administrative Law, U.S. S. 827. A bill to prohibit products that con- amount of the military death gratuity Coast Guard, Department of Homeland Secu- tain dry ultra-filtered milk products, milk rity, transmitting, pursuant to law, the re- protein concentrate, or casein from being la- from $12,000 to $100,000. port of a rule entitled ‘‘Security Zone; Cape beled as domestic natural cheese, and for S. 58 Fear River, Eagle Island, North Carolina other purposes; to the Committee on Agri- At the request of Mr. INOUYE, the State Port Authority Terminal, Wilmington, culture, Nutrition, and Forestry. name of the Senator from Arkansas

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At the request of Mr. TALENT, the have a service-connected disability S. 484 name of the Senator from Illinois (Mr. rated as total to travel on military air- At the request of Mr. WARNER, the OBAMA) was added as a cosponsor of S. craft in the same manner and to the names of the Senator from Alabama 610, a bill to amend the Internal Rev- same extent as retired members of the (Mr. SHELBY) and the Senator from enue Code of 1986 to provide for a small Armed Forces are entitled to travel on Georgia (Mr. CHAMBLISS) were added as agri-biodiesel producer credit and to such aircraft. cosponsors of S. 484, a bill to amend the improve the small ethanol producer S. 65 Internal Revenue Code of 1986 to allow credit. At the request of Mr. INHOFE, the Federal civilian and military retirees S. 633 name of the Senator from Kansas (Mr. to pay health insurance premiums on a At the request of Mr. JOHNSON, the BROWNBACK) was added as a cosponsor pretax basis and to allow a deduction names of the Senator from Nebraska of S. 65, a bill to amend the age restric- for TRICARE supplemental premiums. (Mr. HAGEL), the Senator from New tions for pilots. ORZINE S. 515 Jersey (Mr. C ) and the Senator S. 132 from Iowa (Mr. HARKIN) were added as At the request of Mr. BYRD, the name At the request of Mr. SMITH, the cosponsors of S. 633, a bill to require of the Senator from West Virginia (Mr. name of the Senator from Missouri the Secretary of the Treasury to mint ROCKEFELLER) was added as a cospon- (Mr. TALENT) was added as a cosponsor coins in commemoration of veterans sor of S. 515, a bill to amend title 32, of S. 132, a bill to amend the Internal who became disabled for life while United States Code, to increase the Revenue Code of 1986 to allow a deduc- serving in the Armed Forces of the maximum Federal share of the costs of tion for premiums on mortgage insur- United States. State programs under the National ance. S. 675 Guard Youth Challenge Program, and S. 246 At the request of Mr. DORGAN, the for other purposes. At the request of Mr. BUNNING, the name of the Senator from Louisiana S. 518 name of the Senator from Texas (Mrs. (Ms. LANDRIEU) was added as a cospon- HUTCHISON) was added as a cosponsor of At the request of Mr. SESSIONS, the sor of S. 675, a bill to reward the hard S. 246, a bill to repeal the sunset of the names of the Senator from Tennessee work and risk of individuals who Economic Growth and Tax Relief Rec- (Mr. ALEXANDER) and the Senator from choose to live in and help preserve onciliation Act of 2001 with respect to Louisiana (Mr. VITTER) were added as America’s small, rural towns, and for the expansion of the adoption credit cosponsors of S. 518, a bill to provide other purposes. and adoption assistance programs. for the establishment of a controlled S. 749 S. 333 substance monitoring program in each At the request of Mr. THOMAS, the At the request of Mr. SANTORUM, the State. name of the Senator from Montana names of the Senator from Idaho (Mr. S. 536 (Mr. BURNS) was added as a cosponsor CRAPO) and the Senator from Virginia At the request of Mr. MCCAIN, the of S. 749, a bill to amend the Office of (Mr. ALLEN) were added as cosponsors name of the Senator from North Da- Federal Procurement Policy Act to es- of S. 333, a bill to hold the current re- kota (Mr. DORGAN) was added as a co- tablish a governmentwide policy regime in Iran accountable for its threat- sponsor of S. 536, a bill to make tech- quiring competition in certain execu- ening behavior and to support a transi- nical corrections to laws relating to tive agency procurements, and for tion to democracy in Iran. Native Americans, and for other pur- other purposes. S. 339 poses. S. 767 At the request of Mr. REID, the name S. 551 At the request of Mr. BOND, the name of the Senator from Arizona (Mr. KYL) At the request of Mr. ALLARD, the of the Senator from Utah (Mr. BEN- was added as a cosponsor of S. 339, a name of the Senator from South Da- NETT) was added as a cosponsor of S. bill to reaffirm the authority of States kota (Mr. THUNE) was added as a co- 767, a bill to establish a Division of to regulate certain hunting and fishing sponsor of S. 551, a bill to direct the Food and Agricultural Science within activities. Secretary of Veterans Affairs to estab- the National Science Foundation and S. 423 lish a national cemetery for veterans to authorize funding for the support of At the request of Mr. SANTORUM, the in the Colorado Springs, Colorado, met- fundamental agricultural research of name of the Senator from Georgia (Mr. ropolitan area. the highest quality, and for other pur- CHAMBLISS) was added as a cosponsor of S. 577 poses. S. 423, a bill to amend title 38, United S. CON. RES. 9 At the request of Ms. COLLINS, the States Code, to make a stillborn child name of the Senator from Minnesota At the request of Mr. ENSIGN, the an insurable dependent for purposes of names of the Senator from Indiana (Mr. COLEMAN) was added as a cospon- the Servicemembers’ Group Life Insur- (Mr. LUGAR) and the Senator from ance program. sor of S. 577, a bill to promote health care coverage for individuals partici- Alaska (Ms. MURKOWSKI) were added as S. 438 cosponsors of S. Con. Res. 9, a concur- pating in legal recreational activities At the request of Mr. ENSIGN, the rent resolution recognizing the second or legal transportation activities. name of the Senator from Ohio (Mr. century of Big Brothers Big Sisters, DEWINE) was added as a cosponsor of S. S. 580 and supporting the mission and goals 438, a bill to amend title XVIII of the At the request of Mr. SMITH, the of that organization. Social Security Act to repeal the medi- name of the Senator from Colorado S. RES. 82 care outpatient rehabilitation therapy (Mr. ALLARD) was added as a cosponsor At the request of Mr. LAUTENBERG, caps. of S. 580, a bill to amend the Internal his name was added as a cosponsor of S. 440 Revenue Code of 1986 to allow certain S. Res. 82, a resolution urging the Eu- At the request of Mr. BUNNING, the modifications to be made to qualified ropean Union to add Hezbollah to the name of the Senator from Washington mortgages held by a REMIC or a grant- Eurpoean Union’s wide-ranging list of (Mrs. MURRAY) was added as a cospon- or trust. terrorist organizations. sor of S. 440, a bill to amend title XIX S. 602 At the request of Mr. ALLEN, the of the Social Security Act to include At the request of Ms. MIKULSKI, the names of the Senator from Colorado podiatrists as physicians for purposes name of the Senator from Pennsyl- (Mr. ALLARD) and the Senator from of covering physicians services under vania (Mr. SPECTER) was added as a co- Maryland (Ms. MIKULSKI) were added as the medicaid program. sponsor of S. 602, a bill to amend the cosponsors of S. Res. 82, supra. S. 473 Public Health Service Act to fund AMENDMENT NO. 338 At the request of Ms. CANTWELL, the breakthroughs in Alzheimer’s disease At the request of Ms. SNOWE, the name of the Senator from New Jersey research while providing more help to name of the Senator from Arizona (Mr.

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Mr. President, today, to establish and rapidly implement standards, to prevent terrorists from along with Senator LAUTENBERG, I am regulations for State driver’s license abusing the asylum laws of the United introducing legislation, the Crossroads and identification document security States, to unify terrorism-related of the American Revolution National standards, to prevent terrorists from grounds for inadmissibility and re- Heritage Area Act, to establish the abusing the asylum laws of the United moval, to ensure expeditious construc- Crossroads of the American Revolution States, to unify terrorism-related tion of the San Diego border fence, and National Heritage Area in the State of grounds for inadmissibility and re- for other purposes. New Jersey. I am proud to be joining moval, to ensure expeditious construc- AMENDMENT NO. 418 my New Jersey colleagues, Representa- tion of the San Diego border fence, and At the request of Mr. CHAMBLISS, the tives RODNEY FRELINGHUYSEN and RUSH for other purposes. names of the Senator from Virginia HOLT, who have introduced this legisla- AMENDMENT NO. 340 (Mr. ALLEN) and the Senator from tion in the House of Representatives, At the request of Mr. DEWINE, the South Carolina (Mr. GRAHAM) were with the support of the entire New Jer- names of the Senator from Minnesota added as cosponsors of amendment No. sey delegation. 418 proposed to H.R. 1268, making emer- (Mr. DAYTON) and the Senator from This legislation recognizes the crit- New Jersey (Mr. LAUTENBERG) were gency supplemental appropriations for the fiscal year ending September 30, ical role that New Jersey played during added as cosponsors of amendment No. the American Revolution. In fact, New 340 proposed to H.R. 1268, making emer- 2005, to establish and rapidly implement regulations for State driver’s li- Jersey was the site of nearly 300 mili- gency supplemental appropriations for tary engagements that helped deter- the fiscal year ending September 30, cense and identification document security standards, to prevent terrorists mine the course of our history as a Na- 2005, to establish and rapidly imple- tion. Many of these locations, like the ment regulations for State driver’s li- from abusing the asylum laws of the United States, to unify terrorism-re- site where George Washington made cense and identification document se- his historic crossing of the Delaware curity standards, to prevent terrorists lated grounds for inadmissibility and removal, to ensure expeditious con- River, are well known and preserved. from abusing the asylum laws of the Others, such as the Monmouth Battle- United States, to unify terrorism-re- struction of the San Diego border fence, and for other purposes. field State Park in Manalapan and lated grounds for inadmissibility and Freehold, and New Bridge Landing in removal, to ensure expeditious con- AMENDMENT NO. 451 At the request of Mr. SCHUMER, the River Edge, are less well known and struction of the San Diego border are threatened by development or in fence, and for other purposes. names of the Senator from Nevada (Mr. REID) and the Senator from Minnesota critical need of funding for rehabilita- AMENDMENT NO. 387 (Mr. DAYTON) were added as cosponsors tion. At the request of Ms. MIKULSKI, the of amendment No. 451 proposed to H.R. To help preserve New Jersey’s Revo- names of the Senator from Connecticut 1268, making emergency supplemental lutionary War sites, this legislation (Mr. DODD) and the Senator from Wyo- appropriations for the fiscal year end- would establish a Crossroads of the ming (Mr . ENZI) were added as cospon- ing September 30, 2005, to establish and American Revolution National Herit- sors of amendment No. 387 proposed to rapidly implement regulations for age Area, linking about 250 sites in 15 H.R. 1268, making emergency supple- State driver’s license and identifica- counties. This designation would au- mental appropriations for the fiscal tion document security standards, to thorize $10 million to assist preserva- year ending September 30, 2005, to es- prevent terrorists from abusing the tion, recreational and educational ef- tablish and rapidly implement regula- asylum laws of the United States, to forts by the State, county and local tions for State driver’s license and unify terrorism-related grounds for in- governments as well as private cultural identification document security admissibility and removal, to ensure and tourism groups. The program standards, to prevent terrorists from expeditious construction of the San would be managed by the non-profit abusing the asylum laws of the United Diego border fence, and for other pur- Crossroads of the American Revolution States, to unify terrorism-related poses. Association. grounds for inadmissibility and removal, to ensure expeditious construc- AMENDMENT NO. 459 Simply put, we are the Nation that tion of the San Diego border fence, and At the request of Mr. FEINGOLD, the we are today because of the critical for other purposes. names of the Senator from Vermont events that occurred in New Jersey (Mr. LEAHY), the Senator from Oregon AMENDMENT NO. 388 during the American Revolution and (Mr. WYDEN) and the Senator from Con- At the request of Mr. BAYH, the name the many who died fighting there. By necticut (Mr. DODD) were added as co- of the Senator from Massachusetts enacting the Crossroads of the Amer- sponsors of amendment No. 459 pro- (Mr. KENNEDY) was added as a cospon- ican Revolution National Heritage posed to H.R. 1268, making emergency sor of amendment No. 388 proposed to Area Act of 2005, we will pay tribute to supplemental appropriations for the H.R. 1268, making emergency supple- the patriots who fought and died in fiscal year ending September 30, 2005, mental appropriations for the fiscal New Jersey so that we might become a to establish and rapidly implement year ending September 30, 2005, to es- Nation free from tyranny. regulations for State driver’s license tablish and rapidly implement regula- In the 107th Congress, I was proud to and identification document security tions for State driver’s license and see the Senate approve this legislation standards, to prevent terrorists from identification document security as part of a bipartisan package of her- abusing the asylum laws of the United standards, to prevent terrorists from itage area bills. Unfortunately, the bill States, to unify terrorism-related abusing the asylum laws of the United was not approved in the House of Rep- grounds for inadmissibility and re- States, to unify terrorism-related resentatives. I will work even harder in moval, to ensure expeditious construc- grounds for inadmissibility and re- the 109th Congress to see that this im- tion of the San Diego border fence, and moval, to ensure expeditious construc- portant legislation passes both houses for other purposes. tion of the San Diego border fence, and and goes to the President’s desk for his for other purposes. f signature. I hope my colleagues will AMENDMENT NO. 399 STATEMENTS ON INTRODUCED support this legislation, and I ask At the request of Mr. DORGAN, the BILLS AND JOINT RESOLUTIONS unanimous consent that the text of the name of the Senator from Massachu- By Mr. CORZINE (for himself and Mr. bill be printed in the RECORD. setts (Mr. KERRY) was added as a co- LAUTENBERG): There being no objection, the bill was sponsor of amendment No. 399 proposed S. 825. A bill to establish the Cross- ordered to be printed in the RECORD, as to H.R. 1268, making emergency supple- roads of the American Revolution Na- follows:

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S. 825 is a Federal interest in developing a regional (c) AVAILABILITY OF MAP.—The map shall Be it enacted by the Senate and House of Rep- framework to assist the State of New Jersey, be on file and available for public inspection resentatives of the United States of America in local governments and organizations, and in the appropriate offices of the National Congress assembled, private citizens in— Park Service. ANAGEMENT NTITY SECTION 1. SHORT TITLE. (A) preserving and protecting cultural, his- (d) M E .—The Association This Act may be cited as the ‘‘Crossroads toric, and natural resources of the period; shall be the management entity for the Her- of the American Revolution National Herit- and itage Area. age Area Act of 2005’’. (B) bringing recognition to those resources SEC. 5. MANAGEMENT PLAN. (a) IN GENERAL.—Not later than 3 years SEC. 2. FINDINGS AND PURPOSES. for the educational and recreational benefit after the date on which funds are first made (a) FINDINGS.—Congress finds that— of the present and future generations of citi- available to carry out this Act, the manage- (1) the State of New Jersey was critically zens of the United States; and ment entity shall submit to the Secretary important during the American Revolution (11) the National Park Service has con- for approval a management plan for the Her- because of the strategic location of the State ducted a national heritage area feasibility study in the State of New Jersey that dem- itage Area. between the British armies headquartered in (b) REQUIREMENTS.—The management plan New York City, New York, and the Conti- onstrates that there is a sufficient assem- blage of nationally distinctive cultural, his- shall— nental Congress in the city of Philadelphia, (1) include comprehensive policies, strate- toric, and natural resources necessary to es- Pennsylvania; gies, and recommendations for conservation, tablish the Crossroads of the American Revo- (2) General George Washington spent al- funding, management, and development of lution National Heritage Area. most half of the period of the American Rev- the Heritage Area; (b) PURPOSES.—The purposes of this Act olution personally commanding troops of the (2) take into consideration existing State, are— Continental Army in the State of New Jer- county, and local plans; (1) to assist communities, organizations, sey, including 2 severe winters spent in en- (3) describe actions that units of local gov- and citizens in the State of New Jersey in campments in the area that is now Morris- ernment, private organizations, and individ- preserving— town National Historical Park, a unit of the uals have agreed to take to protect the cul- (A) the special historic identity of the National Park System; tural, historic, and natural resources of the State; and (3) it was during the 10 crucial days of the Heritage Area; (B) the importance of the State to the American Revolution between December 25, (4) identify existing and potential sources United States; 1776, and January 3, 1777, that General Wash- of funding for the protection, management, ington, after retreating across the State of (2) to foster a close working relationship and development of the Heritage Area during New Jersey from the State of New York to among all levels of government, the private the first 5 years of implementation of the the State of Pennsylvania in the face of total sector, and local communities in the State; management plan; and defeat, recrossed the Delaware River on the (3) to provide for the management, preser- (5) include— night of December 25, 1776, and went on to vation, protection, and interpretation of the (A) an inventory of the cultural, edu- win crucial battles at Trenton and Princeton cultural, historic, and natural resources of cational, historic, natural, recreational, and in the State of New Jersey; the State for the educational and inspira- scenic resources of the Heritage Area relat- (4) Thomas Paine, who accompanied the tional benefit of future generations; ing to the themes of the Heritage Area that troops during the retreat, described the (4) to strengthen the value of Morristown should be restored, managed, or developed; events during those days as ‘‘the times that National Historical Park as an asset to the (B) recommendations of policies and strat- try men’s souls’’; State by— egies for resource management that result (5) the sites of 296 military engagements (A) establishing a network of related his- in— are located in the State of New Jersey, in- toric resources, protected landscapes, edu- (i) application of appropriate land and cluding— cational opportunities, and events depicting water management techniques; and (A) several important battles of the Amer- the landscape of the State of New Jersey (ii) development of intergovernmental and ican Revolution that were significant to— during the American Revolution; and interagency cooperative agreements to pro- (i) the outcome of the American Revolu- (B) establishing partnerships between Mor- tect the cultural, educational, historic, nat- tion; and ristown National Historical Park and other ural, recreational, and scenic resources of (ii) the history of the United States; and public and privately owned resources in the the Heritage Area; (B) several national historic landmarks, Heritage Area that represent the strategic (C) a program of implementation of the including Washington’s Crossing, the Old fulcrum of the American Revolution; and management plan that includes for the first Trenton Barracks, and Princeton, Mon- (5) to authorize Federal financial and tech- 5 years of implementation— mouth, and Red Bank Battlefields; nical assistance for the purposes described in (i) plans for resource protection, restora- (6) additional national historic landmarks paragraphs (1) through (4). tion, construction; and in the State of New Jersey include the homes SEC. 3. DEFINITIONS. (ii) specific commitments for implementa- of— In this Act: tion that have been made by the manage- (A) Richard Stockton, Joseph Hewes, John (1) ASSOCIATION.—The term ‘‘Association’’ ment entity or any government, organiza- Witherspoon, and Francis Hopkinson, signers means the Crossroads of the American Revo- tion, or individual; of the Declaration of Independence; lution Association, Inc., a nonprofit corpora- (D) an analysis of and recommendations (B) Elias Boudinout, President of the Con- tion in the State. for ways in which Federal, State, and local tinental Congress; and (2) HERITAGE AREA.—The term ‘‘Heritage programs, including programs of the Na- (C) William Livingston, patriot and Gov- Area’’ means the Crossroads of the American tional Park Service, may be best coordinated ernor of the State of New Jersey from 1776 to Revolution National Heritage Area estab- to promote the purposes of this Act; and 1790; lished by section 4(a). (E) an interpretive plan for the Heritage (7) portions of the landscapes important to (3) MANAGEMENT ENTITY.—The term ‘‘man- Area. the strategies of the British and Continental agement entity’’ means the management en- (c) APPROVAL OR DISAPPROVAL OF MANAGE- armies, including waterways, mountains, tity for the Heritage Area designated by sec- MENT PLAN.— farms, wetlands, villages, and roadways— tion 4(d). (1) IN GENERAL.—Not later than 90 days (A) retain the integrity of the period of the (4) MANAGEMENT PLAN.—The term ‘‘man- after the date of receipt of the management American Revolution; and agement plan’’ means the management plan plan under subsection (a), the Secretary (B) offer outstanding opportunities for con- for the Heritage Area developed under sec- shall approve or disapprove the management servation, education, and recreation; tion 5. plan. (8) the National Register of Historic Places (5) MAP.—The term ‘‘map’’ means the map (2) CRITERIA.—In determining whether to lists 251 buildings and sites in the National entitled ‘‘Crossroads of the American Revo- approve the management plan, the Secretary Park Service study area for the Crossroads lution National Heritage Area’’, numbered shall consider whether— of the American Revolution that are associ- CRREL80,000, and dated April 2002. (A) the Board of Directors of the manage- ated with the period of the American Revolu- (6) SECRETARY.—The term ‘‘Secretary’’ ment entity is representative of the diverse tion; means the Secretary of the Interior. interests of the Heritage Area, including— (9) civilian populations residing in the (7) STATE.—The term ‘‘State’’ means the (i) governments; State of New Jersey during the American State of New Jersey. (ii) natural and historic resource protec- Revolution suffered extreme hardships be- SEC. 4. CROSSROADS OF THE AMERICAN REVO- tion organizations; cause of— LUTION NATIONAL HERITAGE AREA. (iii) educational institutions; (A) the continuous conflict in the State; (a) ESTABLISHMENT.—There is established (iv) businesses; and (B) foraging armies; and in the State the Crossroads of the American (v) recreational organizations; (C) marauding contingents of loyalist To- Revolution National Heritage Area. (B) the management entity provided ade- ries and rebel sympathizers; (b) BOUNDARIES.—The Heritage Area shall quate opportunity for public and govern- (10) because of the important role that the consist of the land and water within the mental involvement in the preparation of State of New Jersey played in the successful boundaries of the Heritage Area, as depicted the management plan, including public hear- outcome of the American Revolution, there on the map. ings;

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(C) the resource protection and interpreta- (F) ensuring that clear, consistent, and ap- (5) COOPERATIVE AGREEMENTS.—The Sec- tion strategies in the management plan propriate signs identifying points of public retary may enter into cooperative agree- would adequately protect the cultural, his- access and sites of interest are installed ments with the management entity and toric, and natural resources of the Heritage throughout the Heritage Area; and other public or private entities to carry out Area; and (G) promoting a wide range of partnerships this subsection. (D) the Secretary has received adequate as- among governments, organizations, and indi- (b) OTHER FEDERAL AGENCIES.—Any Fed- surances from the appropriate State and viduals to further the purposes of the Herit- eral agency conducting or supporting an ac- local officials whose support is needed to en- age Area; tivity that directly affects the Heritage Area sure the effective implementation of the (2) in preparing and implementing the shall— State and local aspects of the management management plan, consider the interests of (1) consult with the Secretary and the plan. diverse units of government, businesses, or- management entity regarding the activity; (3) ACTION FOLLOWING DISAPPROVAL.—If the ganizations, and individuals in the Heritage (2)(A) cooperate with the Secretary and the Secretary disapproves the management plan Area; management entity in carrying out the of under paragraph (1), the Secretary shall— (3) conduct public meetings at least semi- the Federal agency under this Act; and (A) advise the management entity in writ- annually regarding the development and im- (B) to the maximum extent practicable, co- ing of the reasons for the disapproval; plementation of the management plan; ordinate the activity with the carrying out (B) make recommendations for revisions to (4) for any fiscal year for which Federal of those duties; and the management plan; and funds are received under this Act— (3) to the maximum extent practicable, (C) not later than 60 days after the receipt (A) submit to the Secretary a report that conduct the activity to avoid adverse effects of any proposed revision of the management describes for the year— on the Heritage Area. plan from the management entity, approve (i) the accomplishments of the manage- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. or disapprove the proposed revision. ment entity; (a) IN GENERAL.—There is authorized to be (d) AMENDMENTS.— (ii) the expenses and income of the man- appropriated to carry out this Act $10,000,000, (1) IN GENERAL.—The Secretary shall ap- agement entity; and of which not more than $1,000,000 may be au- prove or disapprove each amendment to the (iii) each entity to which a grant was thorized to be appropriated for any fiscal management plan that the Secretary deter- made; year. mines may make a substantial change to the (B) make available for audit all informa- (b) COST-SHARING REQUIREMENT.—The Fed- management plan. tion relating to the expenditure of the funds eral share of the cost of any activity assisted and any matching funds; and (2) USE OF FUNDS.—Funds made available under this Act shall be not more than 50 per- under this Act shall not be expended by the (C) require, for all agreements authorizing cent. expenditures of Federal funds by any entity, management entity to implement an amend- SEC. 9. TERMINATION OF AUTHORITY. ment described in paragraph (1) until the that the receiving entity make available for The authority of the Secretary to provide audit all records and other information re- Secretary approves the amendment. assistance under this Act terminates on the lating to the expenditure of the funds; (e) IMPLEMENTATION.—On completion of the date that is 15 years after the date of enact- (5) encourage, by appropriate means, eco- 3-year period described in subsection (a), any ment of this Act. nomic viability that is consistent with the funding made available under this Act shall purposes of the Heritage Area; and be made available to the management entity By Mr. BURNS: (6) maintain headquarters for the manage- only for implementation of the approved ment entity at Morristown National Histor- S. 826. A bill to provide that the con- management plan. ical Park and in Mercer County. veyance of the former radar bomb scor- SEC. 6. AUTHORITIES, DUTIES, AND PROHIBI- (c) PROHIBITION ON THE ACQUISITION OF ing site to the city of Conrad, Mon- TIONS APPLICABLE TO THE MAN- REAL PROPERTY.— tana, is not subject to reversion; to the AGEMENT ENTITY. (1) FEDERAL FUNDS.—The management en- Committee on Armed Services. (a) AUTHORITIES.—For purposes of pre- tity shall not use Federal funds made avail- Mr. BURNS. Mr. President, I take paring and implementing the management able under this Act to acquire real property plan, the management entity may use funds the floor today to ask that we finally or any interest in real property. help the town of Conrad, MT continue made available under this Act to— (2) OTHER FUNDS.—Notwithstanding para- (1) make grants to, provide technical as- graph (1), the management entity may ac- its successful program of providing af- sistance to, and enter into cooperative agree- quire real property or an interest in real fordable housing for our seniors. I ments with, the State (including a political property using any other source of funding, renew my commitment to making sure subdivision), a nonprofit organization, or including other Federal funding. this occurs. any other person; SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; In the defense authorization act of (2) hire and compensate staff, including in- OTHER FEDERAL AGENCIES. 1994, the Air Force conveyed an unused dividuals with expertise in— (a) TECHNICAL AND FINANCIAL ASSIST- 42–acre parcel of land to the city of (A) cultural, historic, or natural resource ANCE.— Conrad, which then built a retirement protection; or (1) IN GENERAL.—On the request of the (B) heritage programming; management entity, the Secretary may pro- home for Montana seniors. The home (3) obtain funds or services from any vide technical and financial assistance to the has been a great success, and the city source (including a Federal law or program); Heritage Area for the development and im- of Conrad has begun the process of ex- (4) contract for goods or services; and plementation of the management plan. panding the facility. (5) support any other activity— (2) PRIORITY FOR ASSISTANCE.—In providing When the city proposed using the (A) that furthers the purposes of the Herit- assistance under paragraph (1), the Secretary land as collateral for the home, it ran age Area; and shall give priority to actions that assist in— into a problem. In the quitclaim deed (B) that is consistent with the manage- (A) conserving the significant cultural, his- where we conveyed the land to the ment plan. toric, natural, and scenic resources of the (b) DUTIES.—In addition to developing the Heritage Area; and city, we included a customary rever- management plan, the management entity (B) providing educational, interpretive, sion clause that would transfer the shall— and recreational opportunities consistent property back to the Department of (1) assist units of local government, re- with the purposes of the Heritage Area. Defense in the event that the land gional planning organizations, and nonprofit (3) OPERATIONAL ASSISTANCE.—Subject to stopped being used for the purpose of organizations in implementing the approved the availability of appropriations, the Super- housing or public recreation. management plan by— intendent of Morristown National Historical While the intent of this clause is and (A) carrying out programs and projects Park may, on request, provide to public and will continue to be met, a small city that recognize, protect, and enhance impor- private organizations in the Heritage Area, tant resource values in the Heritage Area; including the management entity, any oper- like Conrad must use the title to the (B) establishing and maintaining interpre- ational assistance that is appropriate for the land to secure construction loans, rath- tive exhibits and programs in the Heritage purpose of supporting the implementation of er than issuing a municipal bond or Area; the management plan. some other measure to raise funds used (C) developing recreational and edu- (4) PRESERVATION OF HISTORIC PROP- by larger cities. The reversion clause cational opportunities in the Heritage Area; ERTIES.—To carry out the purposes of this prevents banks from using the land to (D) increasing public awareness of and ap- Act, the Secretary may provide assistance to secure the loan, as the city does not preciation for cultural, historic, and natural a State or local government or nonprofit or- have clear title to the land. resources of the Heritage Area; ganization to provide for the appropriate Therefore, I ask the Senate to ap- (E) protecting and restoring historic sites treatment of— and buildings that are— (A) historic objects; or prove this modification to public law (i) located in the Heritage Area; and (B) structures that are listed or eligible for 103–160, section 2816 regarding the 42 (ii) related to the themes of the Heritage listing on the National Register of Historic acre site of the Blue Sky Villa, which Area; Places. removes the reversion clause for this

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3822 CONGRESSIONAL RECORD — SENATE April 18, 2005 land, giving the city of Conrad clear This change could seriously com- (1)(A) any change in domestic natural title. I thank the Senate for it’s consid- promise decades of work by America’s cheese standards to allow dry ultra-filtered eration of this important matter for dairy farmers to build up domestic milk products, milk protein concentrate, or our senior citizens in Montana. cheese consumption levels. It is simply casein to be labeled as domestic natural cheese would result in increased costs to the not fair to America’s farmers or to con- By Mr. FEINGOLD (for himself, dairy price support program; and sumers. After all, consumers have a (B) that change would be unfair to tax- Mr. SCHUMER, and Mrs. CLIN- right to know if the cheese that they payers, who would be forced to pay more pro- TON): buy is unnatural. And by allowing milk gram costs; S. 827. A bill to prohibit products protein concentrate milk into sup- (2) any change in domestic natural cheese that contain dry ultra-filtered milk posedly natural cheese, we are denying standards to allow dry ultra-filtered milk products, milk protein concentrate, or consumers the entire picture. products, milk protein concentrate, or casein casein from being labeled as domestic Allowing MPCs or dry ultra-filtered to be labeled as domestic natural cheese would result in lower revenues for dairy natural cheese, and for other purposes; milk into natural cheeses would also to the Committee on Agriculture, Nu- farmers; harm dairy producers throughout the (3) any change in domestic natural cheese trition, and Forestry. United States. Some estimate that the Mr. FEINGOLD. Mr. President, I am standards to allow dry ultra-filtered milk annual effect of the change on the pleased to re-introduce the Quality products, milk protein concentrate, or casein dairy farm sector of the economy could to be labeled as domestic natural cheese Cheese Act of 2005. This legislation will be more than $100 million. would cause dairy products containing dry protect the consumer, save taxpayer The proposed change to our natural ultra-filtered milk, milk protein con- dollars and provide support to Amer- cheese standard would also harm the centrate, or casein to become vulnerable to ica’s dairy farmers, who have taken a contamination and would compromise the American taxpayer. If we allow MPCs beating in the marketplace in recent sanitation, hydrosanitary, and years. to be used in cheese, we will effectively phytosanitary standards of the United When Wisconsin consumers have the permit unrestricted importation of States dairy industry; and choice, they will choose natural Wis- these ingredients into the United (4) changing the labeling standard for do- consin cheese. But some in the food in- States. Because there are no tariffs and mestic natural cheese would be misleading dustry have pushed the Food and Drug quotas on these ingredients, these to the consumer. heavily subsidized products would (b) PROHIBITION.—Section 401 of the Fed- Administration (FDA) to change cur- eral Food, Drug, and Cosmetic Act (21 U.S.C. rent law, which would leave consumers quickly displace natural domestic 341) is amended— not knowing whether cheese is really dairy ingredients. (1) by striking ‘‘Whenever’’ and inserting all natural or not. These unnatural domestic dairy prod- ‘‘(a) Whenever’’; and If the Federal Government creates a ucts would enter our domestic cheese (2) by adding at the end the following: loophole for imitation cheese ingredi- market and could depress dairy prices ‘‘(b) The Commissioner may not use any ents to be used in U.S. cheese vats, paid to American dairy producers. Low Federal funds to amend section 133.3 of title dairy prices, in turn, could result in in- 21, Code of Federal Regulations (or any cor- some cheese labels saying ‘‘domestic’’ responding similar regulation or ruling), to and ‘‘natural’’ will no longer be truly creased costs to the dairy price support include dry ultra-filtered milk, milk protein accurate. program as the federal government is concentrate, or casein in the definition of If USDA and FDA allow a change in forced to buy domestic milk products the term ‘milk’ or ‘nonfat milk’, as specified Federal rules, imitation milk proteins when they are displaced in the market in the standards of identity for cheese and known as milk protein concentrate, ca- by cheap imports. So, at the same time cheese products published at part 133 of title sein, or dry ultra filtered milk could be that U.S. dairy farmers would receive 21, Code of Federal Regulations (or any corresponding similar regulation or ruling).’’. used to make cheese in place of the lower prices, the U.S. taxpayer would wholesome natural milk produced by pay more for the dairy price support By Mr. GRASSLEY (for himself, cows in Wisconsin or other parts of the program. Mr. SCHUMER, Mr. CORNYN, Mr. U.S. This change does not benefit the LEAHY, Mr. CRAIG, Mr. FEIN- I was deeply concerned by these ef- dairy farmer, consumer or taxpayer. GOLD, Mr. ALLEN, Mr. DURBIN, forts to change America’s natural Who then is it good for? Mr. GRAHAM, Mr. DEWINE, and cheese standard. This effort to allow It would benefit only the subsidized Mr. ALLARD): milk protein concentrate and casein foreign MPC producers out to make a S. 829. A bill to allow media coverage into natural cheese products flies in fast buck by exploiting a system put in of court proceedings; to the Committee the face of logic and could create a place to support our dairy farmers. on the Judiciary. loophole that could allow unlimited This legislation addresses the con- Mr. GRASSLEY. Mr. President, I rise amounts of substandard imported milk cerns of farmers, consumers and tax- today to introduce the ‘‘Sunshine in proteins to enter U.S. cheese vats. payers by prohibiting dry ultra-filtered the Courtroom Act.’’ This bill will give While the industry proposal was milk, casein, and MPCs from being in- Federal judges the discretion to allow withdrawn, my legislation would per- cluded in America’s natural cheese for the photographing, electronic re- manently prevent a similar back-door standard. cording, broadcasting and televising of attempt to allow imitation milk as a Congress must shut the door on any Federal court proceedings. The Sun- cheese ingredient and ensure that con- backdoor efforts to undermine Amer- shine in the Courtroom Act will help sumers could be confident that they ica’s dairy farmers. I urge my col- the public become better informed were buying natural cheese when they leagues to pass my legislation and pre- about the judicial process. Moreover, saw the natural label. vent a loophole that would allow this bill will help produce a healthier Over the past decade, cheese con- changes that hurt the consumer, tax- judiciary. Increased public scrutiny sumption has risen at a strong pace payer, and dairy farmer. will bring about greater accountability due in part to promotional and mar- I ask unanimous consent that the and help judges to do a better job. The keting efforts and investments by text of the bill be printed in the sun needs to shine in on the Federal dairy farmers across the country. Year RECORD. courts. after year, per capita cheese consump- There being no objection, the bill was Allowing cameras in the Federal tion has risen at a steady rate. ordered to be printed in the RECORD, as courtrooms is consistent with our These proposals to change our nat- follows: Founding Fathers’ intent that trials be ural cheese standards, however, could S. 827 held in front of as many people as decrease consumption of natural Be it enacted by the Senate and House of Rep- choose to attend. I believe that the cheese by raising concerns about the resentatives of the United States of America in First Amendment requires that court origin of casein and milk protein con- Congress assembled, proceedings be open to the public and, centrate. Use of such products could SECTION 1. SHORT TITLE. by extension, the news media. The Con- significantly tarnish the wholesome This Act may be cited as the ‘‘Quality stitution and Supreme Court have said, reputation of natural cheese in the Cheese Act of 2005’’. ‘‘what transpires in the courtroom is eyes of the consumer and have un- SEC. 2. NATURAL CHEESE STANDARD. public property.’’ Clearly, the Amer- known effects on quality and flavor. (a) FINDINGS.—Congress finds that— ican values of openness and education

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3823 are served by using electronic media in So, the bill does not require cameras, the witness unrecognizable to the broadcast Federal courtrooms. but allows judges to exercise their dis- audience of the trial proceeding. There are many benefits and no sub- cretion to permit camera in appro- (B) NOTIFICATION TO WITNESSES.—The pre- stantial detrimental effects to allowing priate cases. The bill protects wit- siding judge in a trial proceeding shall in- greater public access to the inner form each witness who is not a party that nesses and does not compromise safety. the witness has the right to request that the workings of our Federal courts. Fifteen The bill preserves the integrity of the image and voice of that witness be obscured States conducted studies aimed specifi- judicial system. The bill is based on during the witness’ testimony. cally at the educational benefits de- the experience of the States and the (c) ADVISORY GUIDELINES.—The Judicial rived from camera access courtrooms. Federal courts. And the bill’s net re- Conference of the United States may promul- They all determined that camera cov- sult will be greater openness and ac- gate advisory guidelines to which a presiding erage contributed to greater public un- countability of the nation’s Federal judge, in the discretion of that judge, may derstanding of the judicial system. courts. The best way to maintain con- refer in making decisions with respect to the Moreover, the widespread use in management and administration of fidence in our judicial system, where photographing, recording, broadcasting, or State court proceedings show that still the Federal judiciary holds tremendous televising described under subsections (a) and video cameras can be used without power, is to let the sun shine in by and (b). any problems, and that procedural dis- opening up the Federal courtrooms to SEC. 4. SUNSET. cipline is preserved. According to the public view through broadcasting. And The authority under section 3(b) shall ter- National Center for State Courts, all 50 allowing cameras in the courtroom will minate 3 years after the date of the enact- states allow for some modern audio- bring the judiciary into the 21st cen- ment of this Act. visual coverage of court proceedings tury. I urge my colleagues to join me under a variety of rules and conditions. in supporting the Sunshine in the By Mr. BINGAMAN: My own State of Iowa has operated Courtroom Act. S. 831. A bill to provide for the estab- successfully in this open manner for I ask unanimous consent that the lishment of a Health Workforce Advi- over 20 years. Further, at the Federal text of the bill be printed in the sory Commission to review Federal health workforce policies and make level, the Federal Judicial Center con- RECORD. ducted a pilot program in 1994 which There being no objection, the bill was recommendations on improving those studied the effect of cameras in a se- ordered to be printed in the RECORD, as policies; to the Committee on Health, lect number of Federal courts. That follows: Education, Labor, and Pensions. Mr. BINGAMAN. Mr. President, I rise study found ‘‘small or no effects of S. 829 camera presence on participants in the today to introduce legislation that will Be it enacted by the Senate and House of Rep- help address the devastating health proceeding, courtroom decorum, or the resentatives of the United States of America in administration of justice.’’ Congress assembled, workforce shortages we will be facing I would like to note that even the Su- SECTION 1. SHORT TITLE. in this country. Health care expendi- preme Court has recognized that there This Act may be cited as the ‘‘Sunshine in tures represent 15.3 percent of U.S. is a serious public interest in the open the Courtroom Act of 2005’’. gross domestic product. These expendi- airing of important court cases. At the SEC. 2. DEFINITIONS. tures are expected to rise to l8.7 per- urging of Senator SCHUMER and myself, In this Act: cent by 2014. As health care needs grow, Chief Justice Rehnquist allowed the de- (1) PRESIDING JUDGE.—The term ‘‘presiding society faces increasing challenges re- layed audio broadcasting of the oral ar- judge’’ means the judge presiding over the lated to the health care workforce. By guments before the Supreme Court in court proceeding concerned. In proceedings 2020, 29 percent nursing positions are the 2000 presidential election dispute. in which more than 1 judge participates, the projected to be vacant. From 2000–2010, presiding judge shall be the senior active an additional 1.2 million aides will be The Supreme Court’s response to our judge so participating or, in the case of a cir- request was an historic, major step in cuit court of appeals, the senior active cir- needed to cover projected growth in the right direction. Since then, the Su- cuit judge so participating, except that— long-term care positions and replace- preme Court has allowed for audio (A) in en banc sittings of any United ment of departing workers. An aging broadcasting in other landmark cases. States circuit court of appeals, the presiding health care workforce means that by Other courts have followed suit, such judge shall be the chief judge of the circuit 2008, almost half of the workforce will as the live audio broadcast of oral ar- whenever the chief judge participates; and be 45 years of age and older. Currently, guments before the D.C. Circuit in the (B) in en banc sittings of the Supreme U.S. providers rely on international Court of the United States, the presiding medical graduate and foreign trained Microsoft antitrust case and the tele- judge shall be the Chief Justice whenever the vising of appellate proceedings before Chief Justice participates. nurses to fill some critical roles, while the Ninth Circuit in the Napster copy- (2) APPELLATE COURT OF THE UNITED continuing to face a shortage of pro- right case. The public wants to see STATES.—The term ‘‘appellate court of the viders in health professional shortage what is happening in these important United States’’ means any United States cir- areas. Health workforce challenges judicial proceedings, and the benefits cuit court of appeals and the Supreme Court need to analyzed, understood, and alle- are significant in terms of public of the United States. viated, to ensure better access and bet- knowledge and discussion. SEC. 3. AUTHORITY OF PRESIDING JUDGE TO ter quality of care. ALLOW MEDIA COVERAGE OF COURT The Health Workforce Advisory Com- We’ve introduced the Sunshine in the PROCEEDINGS. Courtroom Act with a well-founded (a) AUTHORITY OF APPELLATE COURTS.— mission Act of 2005 will help to create confidence based on the experience of Notwithstanding any other provision of law, a national vision to serve as a roadmap the States as well as State and Federal the presiding judge of an appellate court of for investing in the health workforce. studies. However, in order to be certain the United States may, in the discretion of Through analysis and recommendation, of the safety and integrity of our judi- that judge, permit the photographing, elec- an 18 member commission of national cial system, we have included a 3-year tronic recording, broadcasting, or televising workforce and health experts will pro- sunset provision allowing a reasonable to the public of court proceedings over which vide insight regarding the solutions that judge presides. amount of time to determine how the necessary to enhance our health work- (b) AUTHORITY OF DISTRICT COURTS.— process is working before making the (1) IN GENERAL.—Notwithstanding any force. Key areas for commission focus provisions of the bill permanent. other provision of law, any presiding judge of will include forecasting of supply and It is also important to note that the a district court of the United States may, in distribution of physicians, nurses and bill simply gives judges the discretion the discretion of that judge, permit the other health professionals, studying to use cameras in the courtroom. It photographing, electronic recording, broad- the national and global impact of does not require judges to have cam- casting, or televising to the public of court workforce policies related to the utili- eras in their courtroom if they do not proceedings over which that judge presides. zation of internationally trained prac- want them. The bill also protects the (2) OBSCURING OF WITNESSES.— titioners, and developing appropriate (A) IN GENERAL.—Upon the request of any anonymity of non-party witnesses by witness in a trial proceeding other than a measures to ensure diversity of the giving them the right to have their party, the court shall order the face and U.S. health workforce. The commission voices and images obscured during tes- voice of the witness to be disguised or other- will make recommendations to Con- timony. wise obscured in such manner as to render gress on health workforce policy.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3824 CONGRESSIONAL RECORD — SENATE April 18, 2005 It is vital that the U.S. take new that occurs before the expiration of the term (13) carry out any other activities deter- measures to ensure that workforce for which the member’s predecessor was ap- mined appropriate by the Secretary of challenges are met and overcome for pointed shall be appointed only for the re- Health and Human Services. current and future generations. By un- mainder of that term. (d) ONGOING DUTIES CONCERNING REPORTS (4) CHAIRPERSON.— AND REVIEWS.— dertaking and overcoming the chal- (A) DESIGNATION.—The Comptroller Gen- lenges before us, we will enhance both (1) COMMENTING ON REPORTS.— eral shall designate a member of the Com- (A) SUBMISSION TO COMMISSION.—The Sec- the quality of healthcare and the qual- mission, at the time of the appointment of retary of Health and Human Services shall ity of life, provide access nationwide, such member— transmit to the Commission a copy of each and build a health care system that is (i) to serve as the Chairperson of the Com- report that is submitted by the Secretary to consistent with our current and future mission; and Congress if such report is required by law health and economic needs. The Health (ii) to serve as the Vice Chairperson of the and relates to health workforce policy. Workforce Advisory Commission can Commission. (B) REVIEW.—The Commission shall review (B) TERM.—A member shall serve as the a report transmitted under subparagraph (A) serve a new and integral role for our Chairperson or Vice Chairperson of the Com- health care system and our society, and, not later than 6 months after the date mission under subparagraph (A) for the term on which the report is transmitted, submit now and in the future. of such member. to the appropriate committees of Congress I ask unanimous consent that the (C) VACANCY.—In the case of a vacancy in written comments concerning such report. text of this bill be printed in the the Chairpersonship or Vice Chairpersonship, Such comments may include such rec- RECORD. the Comptroller General shall designate an- ommendations as the Commission deter- There being no objection, the bill was other member to serve for the remainder of mines appropriate. the vacant member’s term. ordered to be printed in the RECORD, as (2) AGENDA AND ADDITIONAL REVIEWS.— (c) DUTIES.—The Commission shall— (A) IN GENERAL.—The Commission shall follows: (1) review the health workforce policies consult periodically with the chairman and S. 831 implemented— ranking members of the appropriate commit- Be it enacted by the Senate and House of Rep- (A) under titles XVIII and XIX of the So- tees of Congress concerning the agenda and resentatives of the United States of America in cial Security Act (42 U.S.C. 1395, 1396 et seq.); progress of the Commission. Congress assembled, (B) under titles VII and VIII of the Public (B) ADDITIONAL REVIEWS.—The Commission SECTION 1. SHORT TITLE. Health Service Act (42 U.S.C. 292, 296 et seq.); This Act may be cited as the ‘‘Health (C) by the National Institutes of Health; may from time to time conduct additional Workforce Advisory Commission Act of (D) by the Department of Health and reviews and submit additional reports to the 2005’’. Human Services; appropriate committees of Congress on top- ics relating to Federal health workforce-re- SEC. 2. HEALTH WORKFORCE ADVISORY COMMIS- (E) by the Department of Veterans Affairs; SION. and lated programs and as may be requested by (a) ESTABLISHMENT.—The Comptroller Gen- (F) by other departments and agencies as the chairman and ranking members of such eral shall establish a commission to be appropriate; committees. known as the Health Workforce Advisory (2) analyze and make recommendations to (3) AVAILABILITY OF REPORTS.—The Com- Commission (referred to in this Act as the improve the methods used to measure and mission shall transmit to the Secretary of ‘‘Commission’’). monitor the health workforce and the rela- Health and Human Services a copy of each (b) MEMBERSHIP.— tionship between the number and make up of report submitted by the Commission under (1) IN GENERAL.—The Commission shall be such personnel and the access of individuals this section and shall make such reports composed of 18 members to be appointed by to appropriate health care; available to the public. the Comptroller General not later than 90 (3) review the impact of health workforce (e) POWERS OF THE COMMISSION.— days after the date of enactment of this Act, policies and other factors on the ability of (1) GENERAL POWERS.—Subject to such re- and an ex-officio member who shall serve as the health care system to provide optimal view as the Comptroller General determines the Director of the Commission. medical and health care services; to be necessary to ensure the efficient ad- (2) QUALIFICATIONS.—In appointing mem- (4) analyze and make recommendations ministration of the Commission, the Com- bers to the Commission under paragraph (1), pertaining to Federal incentives (financial, mission may— the Comptroller General shall ensure that— regulatory, and otherwise) and Federal pro- (A) employ and fix the compensation of the (A) the Commission includes individuals grams that are in place to promote the edu- Executive Director and such other personnel with national recognition for their expertise cation of an appropriate number and mix of as may be necessary to carry out its duties; in health care workforce issues, including health professionals to provide access to ap- (B) seek such assistance and support as workforce forecasting, undergraduate and propriate health care in the United States; may be required in the performance of its du- graduate training, economics, health care (5) analyze and make recommendations ties from appropriate Federal departments and health care systems financing, public about the appropriate supply and distribu- *and agencies; health policy, and other fields; tion of physicians, nurses, and other health (C) enter into contracts or make other ar- (B) the members are geographically rep- professionals and personnel to achieve a rangements as may be necessary for the con- resentative of the United States and main- health care system that is safe, effective, pa- duct of the work of the Commission; tain a balance between urban and rural rep- tient centered, timely, equitable, and effi- (D) make advance, progress, and other pay- resentatives; cient; ments that relate to the work of the Com- (C) the members includes a representative (6) analyze the role and global implications mission; from the commissioned corps of the Public of internationally trained physicians, nurses, (E) provide transportation and subsistence Health Service; and other health professionals and personnel for personnel who are serving without com- (D) the members represent the spectrum of in the United States health workforce; pensation; and professions in the current and future (7) analyze and make recommendations (F) prescribe such rules and regulations at healthcare workforce, including physicians, about achieving appropriate diversity in the the Commission determined necessary with nurses, and other health professionals and United States health workforce; respect to the internal organization and op- personnel, and are skilled in the conduct and (8) conduct public meetings to discuss eration of the Commission. interpretation of health workforce measure- health workforce policy issues and help for- (2) INFORMATION.—To carry out its duties ment, monitoring and analysis, health serv- mulate recommendations for Congress and under this section, the Commission— ices, economic, and other workforce related the Secretary of Health and Human Services; (A) shall have unrestricted access to all de- research and technology assessment; (9) in the course of meetings conducted liberations, records, and nonproprietary data (E) at least 25 percent of the members who under paragraph (8), consider the results of maintained by the General Accounting Of- are health care providers are from rural staff research, presentations by policy ex- fice; areas; and perts, and comments from interested parties; (B) may secure directly from any depart- (F) a majority of the members are individ- (10) make recommendations to Congress ment or agency of the United States infor- uals who are not currently primarily in- concerning health workforce policy issues; mation necessary to enable the Commission volved in the provision or management of (11) not later than April 15, 2006, and each to carry out its duties under this section, on health professions education and training April 15 thereafter, submit a report to Con- a schedule that is agreed upon between the programs. gress containing the results of the reviews Chairperson and the head of the department (3) TERMS AND VACANCIES.— conducted under this subsection and the rec- or agency involved; (A) TERMS.—The term of service of the ommendations developed under this sub- (C) shall utilize existing information (pub- members of the Commission shall be for 3 section; lished and unpublished) collected and as- years except that the Comptroller General (12) periodically, as determined appro- sessed either by the staff of the Commission shall designate staggered terms for members priate by the Commission, submit reports to or under other arrangements; initially appointed under paragraph (1). Congress concerning specific issues that the (D) may conduct, or award grants or con- (B) VACANCIES.—Any member who is ap- Commission determines are of high impor- tracts for the conduct of, original research pointed to fill a vacancy on the Commission tance; and and experimentation where information

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3825 available under subparagraphs (A) and (B) is sionals. This is bad for everyone in- return preparers already meet these inadequate; cluding the majority of tax return pre- standards, and it is clear that those (E) may adopt procedures to permit any in- parers who provide professional and who do not need to in order to prepare terested party to submit information to be much needed services to taxpayers in returns for a fee. The Treasury Depart- used by the Commission in making reports and recommendations under this section; their communities. I encourage my col- ment will also be required to operate a and leagues to work with us to ensure that public awareness campaign so that tax- (F) may carry out other activities deter- the improvements that would be payers will know that they need to mined appropriate by the Commission. brought about by this bill are in place check to be sure that someone pre- (f) ADMINISTRATIVE PROVISIONS.— before the next filing season begins. paring their tax returns for a fee is (1) COMPENSATION.—While serving on the As I previously stated, this legisla- qualified. business of the Commission a member of the tion is composed of several provisions. The third set of provisions would di- Commission shall be entitled to compensa- The first section would create a $10 rectly address the problems with re- tion at the per diem equivalent of the rate million matching grant program for fund anticipation loans (RALs), which provided for under level IV of the Executive Schedule under title 5, United States Code. lower income tax preparation clinics is a problem throughout the country, (2) MEETINGS.—The Commission shall meet much like the program we have cur- but is particularly bad in New Mexico. at the call of the Chairperson. rently have in place for tax controver- First, this bill requires refund loan (3) EXECUTIVE DIRECTOR AND STAFF.—The sies. I have seen first hand the impact facilitators to register with the Treas- Comptroller General shall appoint an indi- free tax preparation clinics can have on ury Department. Refund loan vidual to serve as the interim Executive Di- taxpayers and their communities, as facilitators are those people who so- rector of the Commission until the members we are fortunate to have one of the licit, process, or otherwise facilitate of the Commission are able to select a per- best state-wide programs in the nation the making of a refund anticipation manent Executive Director under subsection in New Mexico. TaxHelp New Mexico, (e)(1)(A). loan in relation to a tax return being (4) ETHICAL DISCLOSURE.—The Comptroller which was started only a couple of electronically filed. The legislation General shall establish a system for public years ago, helped 17,000 New Mexicans also requires these refund loan disclosure by members of the Commission of prepare and file their returns last year, facilitators to properly disclose to tax- financial and other potential conflicts of in- resulting in over $14 million in re- payers that they do not have to get a terest relating to such members. funds—all without refund anticipation RAL in order to file their return elec- (5) AUDITS.—The Commission shall be sub- loans. This year they are on pace to tronically, as well as clearly disclose ject to periodic audit by the Comptroller pass their goal of helping 25,000 elderly what all the costs involved with the General. and economically disadvantaged tax- (g) FUNDING.— loan. Finally, the refund loan (1) REQUESTS.—The Commission shall sub- payers with free tax preparation and facilitators must disclose to taxpayers mit requests for appropriations in the same electronic filing of their returns. This when the loans would allow their re- manner as the Comptroller General submits program, started by Fred Gordon and funds to be offset by the amount of the such requests. Amounts appropriated for the Robin Brule from TVI and Carol loan. Failure to follow these new rules Commission shall be separate from amounts Radosevich and Jeff Sterba from PNM, will empower Treasury to impose pen- appropriated for the Comptroller General. has turned into one of the best delivery alties as appropriate. Like the creden- (2) AUTHORIZATION OF APPROPRIATIONS.— mechanisms for public assistance I There are authorized to be appropriated to tials required for preparing returns, carry out this section, $6,000,000 for fiscal have seen in the state. This program the Treasury Department would need year 2006, and such sums as may be necessary has been fortunate to receive addi- to operate a public awareness cam- for each subsequent fiscal year, of which— tional funding from the Annie E. Casey paign to educate the public on the real (A) 80 percent of such appropriated amount Foundation and the McCune Founda- costs of RALs as compared to other shall be made available from the Federal tion. In order to continue to grow, forms of credit. This program will be Hospital Insurance Trust Fund under section though, we need to do our part in Con- funded, at least in part, by amounts 1817 of the Social Security Act (42 U.S.C. gress and give them matching funding collected from penalties imposed on re- 1395i); and so they can continue their outreach (B) 20 percent of such appropriation shall fund loan facilitators. be made available for amounts appropriated into new communities in need of assist- The last section of the bill is an issue to carry out title XIX of such Act (42 U.S.C. ance. that my colleague from Hawaii, Sen- 1396 et seq.). The second set of provisions con- ator AKAKA, has been actively working (h) DEFINITION.—In this Act, the term ‘‘ap- tained in this legislation would ensure on for the last several years. This pro- propriate committees of Congress’’ means that when taxpayers hire someone to vision would authorize the Treasury the Committee on Finance of the Senate and help them with their tax returns they Department to award grants to finan- the Committee on Ways and Means of the can be sure that the person is com- House of Representatives. cial institutions or charitable groups petent and professional. The first part that help low income taxpayers set up By Mr. BINGAMAN (for himself, of the bill makes sure that an enrolled accounts at bank or credit union. Be- Mr. SMITH, Mr. BAUCUS, Mr. agent, a tax professional licensed to cause many taxpayers do not have GRASSLEY, Mr. AKAKA, Mr. practice before the IRS, shall have the checking or savings accounts, their re- SCHUMER, and Mr. PRYOR): exclusive right to describe him or her- fund from IRS cannot be electronically S. 832. A bill to amend the Internal self as an ‘‘enrolled agent,’’ ‘‘EA,’’ or wired to them. The alternative is to Revenue Code of 1986 to provide tax- ‘‘E.A.’’ In New Mexico, enrolled agents have the check mailed to the taxpayer payer protection and assistance, and play an important role in helping tax- or to have the refund immediately for other purposes; to the Committee payers with problems with the IRS and loaned to the taxpayer in the form of a on Finance. with preparing their returns. They RAL. Of course, getting people to set MR. BINGAMAN. Mr. President, I have earned the right to use their cre- up a checking or savings account for rise today to introduce the ‘‘Taxpayer dentials, and we should prohibit those purposes of receiving their tax refund Protection and Assistance Act of 2005’’ who have not taken the rigorous exams will also have the benefit of getting with Senators SMITH, BAUCUS, GRASS- and do not have their experience to many of these people to start saving LEY, AKAKA, SCHUMER and PRYOR. This confuse the public into thinking they for the first time. legislation combines various provisions too have the same credentials. The sec- Before I conclude, I would specifi- intended to ensure that our nation’s ond part of the bill requires the Treas- cally like to thank Anita Horn Rizek taxpayers are better able to prepare ury to determine what standards need from the Finance Committee for her and file their tax returns each year in to be met in order for a person to pre- tireless dedication to improving our a fashion that is fair, reasonable and pare tax returns commercially. Like nation’s tax system and ensuring that affordable. As long as we continue to all other tax professionals, this will re- all taxpayers are treated fairly regard- require taxpayers to determine their quire people who make a living pre- less of their income class. Without her own tax liability each year, we have a paring tax returns to pass a minimum efforts this legislation would not have responsibility to ensure that we do not competency exam and take brush up been possible. leave taxpayers vulnerable to abuses courses each year to keep abreast of I hope my colleagues will join with from those masquerading as tax profes- tax law changes. The majority of tax us to ensure that another tax year does

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(b) REQUIREMENT.— taxpayers must have access to tax pro- $10,000,000 per year (exclusive of costs of administering the program) to grants under (1) IN GENERAL.—Not later than 1 year after fessionals with the highest ethical this section. the date of the enactment of this Act, the standards and greatest substantive ‘‘(2) OTHER APPLICABLE RULES.—Rules simi- Secretary of the Treasury shall prescribe knowledge possible. This bill will go a lar to the rules under paragraphs (2) through regulations under section 330 of title 31, long way toward maintaining the in- (7) of section 7526(c) shall apply with respect United States Code— tegrity of the tax administration sys- to the awarding of grants to qualified return (A) to regulate those compensated pre- tem. preparation clinics.’’. parers not otherwise regulated under regula- (2) CLERICAL AMENDMENT.—The table of tions promulgated under such section on the I ask unanimous consent that the date of the enactment of this Act, and text of the bill and an analysis of the sections for chapter 77 is amended by inserting after the item relating to section 7526 the (B) to carry out the provisions of, and bill be printed in the RECORD. following new item: amendments made by, this section. There being no objection, the mate- (2) EXAMINATION.—In promulgating the reg- ‘‘Sec. 7526A Return preparation clinics for ulations under paragraph (1), the Secretary rial was ordered to be printed in the low-income taxpayers.’’. RECORD, as follows: shall develop (or approve) and administer an (b) GRANTS FOR TAXPAYER REPRESENTATION S. 832 eligibility examination designed to test— AND ASSISTANCE CLINICS.— (A) the technical knowledge and com- Be it enacted by the Senate and House of Rep- (1) INCREASE IN AUTHORIZED GRANTS.—Sec- petency of each preparer described in para- resentatives of the United States of America in tion 7526(c)(1) (relating to aggregate limita- graph (1)(A)— Congress assembled, tion) is amended by striking ‘‘$6,000,000’’ and (i) to prepare Federal tax returns, includ- SECTION 1. SHORT TITLE; AMENDMENT OF 1986 inserting ‘‘$10,000,000’’. ing individual and business income tax re- CODE. (2) USE OF GRANTS FOR OVERHEAD EXPENSES turns, and (a) SHORT TITLE.—This Act may be cited as PROHIBITED.— (ii) to properly claim the earned income the ‘‘Taxpayer Protection and Assistance (A) IN GENERAL.—Section 7526(c) (relating tax credit under section 32 of the Internal Act of 2005’’. to special rules and limitations) is amended Revenue Code of 1986 with respect to such in- (b) AMENDMENT OF 1986 CODE.—Except as by adding at the end the following new para- dividual returns, and otherwise expressly provided, whenever in graph: (B) the knowledge of each such preparer re- this Act an amendment or repeal is ex- ‘‘(6) USE OF GRANTS FOR OVERHEAD EX- garding such ethical standards for the prepa- pressed in terms of an amendment to, or re- PENSES PROHIBITED.—No grant made under ration of such returns as determined appro- peal of, a section or other provision, the ref- this section may be used for the overhead ex- priate by the Secretary. erence shall be considered to be made to a penses of any clinic or of any institution (3) CONTINUING ELIGIBILITY.— section or other provision of the Internal sponsoring such clinic.’’. (A) IN GENERAL.—The regulations under Revenue Code of 1986. (B) CONFORMING AMENDMENTS.—Section paragraph (1) shall require a renewal of eligi- SEC. 2. LOW-INCOME TAXPAYER CLINICS. 7526(c)(5) is amended— bility every 3 years and shall set forth the (a) GRANTS FOR RETURN PREPARATION CLIN- (i) by inserting ‘‘qualified’’ before ‘‘low-in- manner in which a preparer described in ICS.— come’’, and paragraph (1)(A) must renew such eligibility. (1) IN GENERAL.—Chapter 77 (relating to (ii) by striking the last sentence. (B) CONTINUING EDUCATION REQUIREMENTS.— miscellaneous provisions) is amended by in- (3) PROMOTION OF CLINICS.—Section 7526(c), As part of the renewal of eligibility, such serting after section 7526 the following new as amended by paragraph (2), is amended by regulations shall require that each such pre- section: adding at the end the following new para- parer show evidence of completion of such ‘‘SEC. 7526A. RETURN PREPARATION CLINICS graph: continuing education requirements as speci- FOR LOW-INCOME TAXPAYERS. ‘‘(7) PROMOTION OF CLINICS.—The Secretary fied by the Secretary. ‘‘(a) IN GENERAL.—The Secretary may, sub- is authorized to promote the benefits of and (C) NONMONETARY SANCTIONS.—The regula- ject to the availability of appropriated encourage the use of low-income taxpayer tions under paragraph (1) shall provide for funds, make grants to provide matching clinics through the use of mass communica- the suspension or termination of such eligi- funds for the development, expansion, or tions, referrals, and other means.’’. bility in the event of any failure to comply continuation of qualified return preparation (c) EFFECTIVE DATE.—The amendments with the requirements for such eligibility. clinics. made by this section shall apply to grants (c) OFFICE OF PROFESSIONAL RESPONSI- ‘‘(b) DEFINITIONS.—For purposes of this sec- made after the date of the enactment of this BILITY.—Section 330 of title 31, United States tion— Act. Code, is amended by adding at the end the ‘‘(1) QUALIFIED RETURN PREPARATION CLIN- SEC. 3. CLARIFICATION OF ENROLLED AGENT following new subsection: IC.— CREDENTIALS. ‘‘(e) OFFICE OF PROFESSIONAL RESPONSI- ‘‘(A) IN GENERAL.—The term ‘qualified re- (a) IN GENERAL.—Chapter 77 (relating to BILITY.— turn preparation clinic’ means a clinic miscellaneous provisions) is amended by add- ‘‘(1) IN GENERAL.—There shall be in the In- which— ing at the end the following new section: ternal Revenue Service an Office of Profes- ‘‘(i) does not charge more than a nominal ‘‘SEC. 7529. ENROLLED AGENTS. sional Responsibility the functions of which fee for its services (except for reimbursement ‘‘(a) IN GENERAL.—The Secretary may pre- shall be as prescribed by the Secretary of the of actual costs incurred), and scribe such regulations as may be necessary Treasury, including the carrying out of the ‘‘(ii) operates programs which assist low- to regulate the conduct of enrolled agents in purposes of this section. income taxpayers, including individuals for regards to their practice before the Internal ‘‘(2) DIRECTOR.— whom English is a second language, in pre- Revenue Service. ‘‘(A) IN GENERAL.—The Office of Profes- paring and filing their Federal income tax ‘‘(b) USE OF CREDENTIALS.—Any enrolled sional Responsibility shall be under the su- returns, including schedules reporting sole agents properly licensed to practice as re- pervision and direction of an official known proprietorship or farm income. quired under rules promulgated under sub- as the ‘Director, Office of Professional Re- ‘‘(B) ASSISTANCE TO LOW-INCOME TAX- section (a) shall be allowed to use the cre- sponsibility’. The Director, Office of Profes- PAYERS.—A clinic is treated as assisting low- dentials or designation as ‘enrolled agent’, sional Responsibility, shall report directly to income taxpayers under subparagraph (A)(ii) ‘EA’, or ‘E.A.’.’’. the Commissioner of Internal Revenue and if at least 90 percent of the taxpayers as- (b) CLERICAL AMENDMENT.—The table of shall be entitled to compensation at the sisted by the clinic have incomes which do sections for chapter 77 is amended by adding same rate as the highest rate of basic pay es- not exceed 250 percent of the poverty level, at the end the following new item: tablished for the Senior Executive Service as determined in accordance with criteria es- ‘‘Sec. 7529 Enrolled agents.’’. under section 5382 of title 5, or, if the Sec- tablished by the Director of the Office of (c) PRIOR REGULATIONS.—The authorization retary of the Treasury so determines, at a Management and Budget. to prescribe regulations under the amend- rate fixed under section 9503 of such title. ‘‘(2) CLINIC.—The term ‘clinic’ includes— ments made by this section may not be con- ‘‘(B) APPOINTMENT.—The Director, Office of ‘‘(A) a clinical program at an eligible edu- strued to have any effect on part 10 of title Professional Responsibility, shall be ap- cational institution (as defined in section 31, Code of Federal Regulations, or any other pointed by the Secretary of the Treasury 529(e)(5)) which satisfies the requirements of related Federal rule or regulation issued be- without regard to the provisions of title 5 re- paragraph (1) through student assistance of fore the date of the enactment of this Act. lating to appointments in the competitive taxpayers in return preparation and filing, (d) EFFECTIVE DATE.—The amendments service or the Senior Executive Service. and made by this section shall take effect on the ‘‘(3) HEARING.—Any hearing on an action ‘‘(B) an organization described in section date of the enactment of this Act. initiated by the Director, Office of Profes- 501(c) and exempt from tax under section SEC. 4. REGULATION OF INCOME TAX RETURN sional Responsibility to impose a sanction 501(a) which satisfies the requirements of PREPARERS. under regulations promulgated under this paragraph (1). (a) AUTHORIZATION.—Section 330(a)(1) of section shall be conducted in accordance ‘‘(c) SPECIAL RULES AND LIMITATIONS.— title 31, United States Code, is amended by with sections 556 and 557 of title 5 by 1 or

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3827 more administrative law judges appointed by the return, document, or submission pre- section 107 of the Truth in Lending Act (15 the Secretary of the Treasury under section pared for a fee and display notice of such pre- U.S.C. 1606)) for several typical amounts of 3105 of title 5. parer’s compliance under such regulations. such loans, ‘‘(4) INFORMATION ON SANCTIONS TO BE (g) ADDITIONAL FUNDS AVAILABLE FOR COM- ‘‘(C) typical fees and interest charges if a AVAILABLE TO THE PUBLIC.— PLIANCE ACTIVITIES.—The Secretary of the refund is not paid or delayed, and ‘‘(A) SANCTIONS INITIATED BY ACTION.— Treasury may use any specifically appro- ‘‘(D) the amount of a fee (if any) that will When an action is initiated by the Director, priated funds for earned income tax credit be charged if the loan is not approved. Office of Professional Responsibility, to im- compliance to improve and expand enforce- ‘‘(3) OTHER INFORMATION.—The refund loan pose a sanction under regulations promul- ment of the regulations promulgated under facilitator shall disclose any other informa- gated under this section, the pleadings, and section 330 of title 31, United States Code. tion required to be disclosed by the Sec- the record of the proceeding and hearing (h) EFFECTIVE DATE.—The amendments retary. shall be open to the public (subject to re- made by this section shall take effect on the ‘‘(c) FINES AND SANCTIONS.— strictions imposed under subparagraph (C)). date of the enactment of this Act. ‘‘(1) IN GENERAL.—The Secretary may im- ‘‘(B) SANCTION NOT INITIATED BY ACTION.— SEC. 5. CONTRACT AUTHORITY FOR EXAMINA- pose a monetary penalty on any refund loan When a sanction under regulations promul- TIONS OF PREPARERS. facilitator who— gated under this section (other than a pri- The Secretary of the Treasury is author- ‘‘(A) fails to register under subsection (a), vate reprimand) is imposed without initi- ized to contract for the development or ad- or ation of an action, the Director, Office of ministration, or both, of any examinations ‘‘(B) fails to disclose any information re- Professional Responsibility, shall make under the regulations promulgated under quired under subsection (b). section 330 of title 31, United States Code. available to the public information identi- ‘‘(2) MAXIMUM MONETARY PENALTY.—Any fying the representative, employer, firm or SEC. 6. REGULATION OF REFUND ANTICIPATION monetary penalty imposed under paragraph other entity sanctioned, as well as informa- LOAN FACILITATORS. (1) shall not exceed— (a) REGULATION OF REFUND ANTICIPATION tion about the conduct which gave rise to ‘‘(A) in the case of a failure to register, the LOAN FACILITATORS.— the sanction (subject to restrictions imposed gross income derived from all refund antici- (1) IN GENERAL.—Chapter 77 (relating to under subparagraph (C)). pation loans made during the period the re- miscellaneous provisions), as amended by ‘‘(C) RESTRICTIONS ON RELEASE OF INFORMA- fund loan facilitator was not registered, and this Act, is amended by inserting at the end TION.—Information about clients of the rep- ‘‘(B) in the case of a failure to disclose in- the following new section: resentative, employer, firm or other entity formation, the gross income derived from all and medical information with respect to the ‘‘SEC. 7530. REFUND ANTICIPATION LOAN refund anticipation loans with respect to FACILITATORS. representative shall not be released to the which such failure applied. ‘‘(a) REGISTRATION.—Each refund loan public or discussed in an open hearing, ex- ‘‘(3) REASONABLE CAUSE EXCEPTIONS.—No facilitator shall register with the Secretary cept to the extent necessary to understand penalty may be imposed under this sub- on an annual basis. As a part of such reg- the nature, scope, and impact of the conduct section with respect to any failure if it is giving rise to the sanction or proposed sanc- istration, each refund loan facilitator shall provide the Secretary with the taxpayer shown that such failure is due to reasonable tion. Disagreements regarding the applica- cause. tion of this subparagraph shall be resolved identification number of such facilitator. ‘‘(b) DISCLOSURE.—Each refund loan ‘‘(d) DEFINITIONS.—For purposes of this sec- by the administrative law judge or, when a facilitator shall disclose to a taxpayer both tion— sanction is imposed without initiation of an orally and on a separate written form at the ‘‘(1) REFUND LOAN FACILITATOR.— action, by the Director, Office of Profes- time such taxpayer applies for a refund an- ‘‘(A) IN GENERAL.—The term ‘refund loan sional Responsibility. ticipation loan the following information: facilitator’ means any electronic return ‘‘(5) FEES.—Any fees imposed under regula- ‘‘(1) NATURE OF THE TRANSACTION.—The re- originator who— tions promulgated under this section shall be fund loan facilitator shall disclose— ‘‘(i) solicits for, processes, receives, or ac- available without fiscal year limitation to ‘‘(A) that the taxpayer is applying for a cepts delivery of an application for a refund the Office of Professional Responsibility for loan that is based upon the taxpayer’s an- anticipation loan, or the purpose of reimbursement of the costs of ticipated income tax refund, ‘‘(ii) facilitates the making of a refund an- administering and enforcing the require- ‘‘(B) the expected time within which the ticipation loan in any other manner. ments of such regulations.’’. loan will be paid to the taxpayer if such loan ‘‘(B) ELECTRONIC RETURN ORIGINATOR.—For (d) PENALTIES.— is approved, purposes of subparagraph (A), the term ‘elec- (1) INCREASE IN CERTAIN PENALTIES.—Sub- tronic return originator’ means a person who sections (b) and (c) of section 6695 (relating ‘‘(C) the time frame in which tax refunds are typically paid based upon the different originates the electronic submission of in- to other assessable penalties with respect to come tax returns for another person. the preparation of income tax returns for filing options available to the taxpayer, ‘‘(D) that there is no guarantee that a re- ‘‘(2) REFUND ANTICIPATION LOAN.—The term other persons) are each amended by striking ‘refund anticipation loan’ means any loan of ‘‘$50’’ and inserting ‘‘$500’’. fund will be paid in full or received within a specified time period and that the taxpayer money or any other thing of value to a tax- (2) USE OF PENALTIES.—Unless specifically is responsible for the repayment of the loan payer in connection with the taxpayer’s an- appropriated otherwise, there is authorized ticipated receipt of a Federal tax refund. to be appropriated and is appropriated to the even if the refund is not paid in full or has been delayed, Such term includes a loan secured by the tax Office of Professional Responsibility for each refund or an arrangement to repay a loan fiscal year for the administration of the pub- ‘‘(E) if the refund loan facilitator has an agreement with another refund loan from the tax refund. lic awareness campaign described in sub- ‘‘(3) REFUND ANTICIPATION LOAN FEES.—The section (f) an amount equal to the penalties facilitator (or any lender working in conjunction with another refund loan term ‘refund anticipation loan fees’ means collected during the preceding fiscal year the fees, charges, interest, and other consid- under sections 6694 and 6695 of the Internal facilitator) to offset outstanding liabilities for previous refund anticipation loans pro- eration charged or imposed by the lender or Revenue Code of 1986 and under the regula- facilitator for the making of a refund antici- tions promulgated under section 330 of title vided by such other refund loan facilitator, that any refund paid to the taxpayer may be pation loan. 31, United States Code (by reason of sub- ‘‘(e) REGULATIONS.—The Secretary may section (b)(1)). so offset and the implication of any such offset, prescribe such regulation as necessary to im- (e) COORDINATION WITH SECTION 6060(A).— plement the requirements of this section.’’. The Secretary of the Treasury shall coordi- ‘‘(F) that the taxpayer may file an electronic return without applying for a refund (2) CLERICAL AMENDMENT.—The table of nate the requirements under the regulations sections for chapter 77, as amended by this promulgated under section 330 of title 31, anticipation loan and the fee for filing such an electronic return, and Act, is amended by adding at the end the fol- United States Code, with the return require- lowing new item: ments of section 6060 of the Internal Revenue ‘‘(G) that the loan may have substantial Code of 1986. fees and interest charges that may exceed ‘‘Sec. 7530 Refund anticipation loan (f) PUBLIC AWARENESS CAMPAIGN.—The Sec- those of other sources of credit and the tax- facilitators.’’. retary of the Treasury shall conduct a public payer should carefully consider— (b) DISCLOSURE OF PENALTY.—Subsection information and consumer education cam- ‘‘(i) whether such a loan is appropriate for (k) of section 6103 is amended by adding at paign, utilizing paid advertising— the taxpayer, and the end the following new paragraph: (1) to encourage taxpayers to use for Fed- ‘‘(ii) other sources of credit. ‘‘(10) DISCLOSURE OF PENALTIES ON REFUND eral tax matters only professionals who es- ‘‘(2) FEES AND INTEREST.—The refund loan ANTICIPATION LOAN FACILITATORS.—The Sec- tablish their competency under the regula- facilitator shall disclose all refund anticipa- retary may disclose the name of any person tions promulgated under section 330 of title tion loan fees with respect to the refund an- with respect to whom a penalty has been im- 31, United States Code, and ticipation loan. Such disclosure shall in- posed under section 7530 and the amount of (2) to inform the public of the require- clude— any such penalty.’’. ments that any compensated preparer of tax ‘‘(A) a copy of the fee schedule of the re- (c) USE OF PENALTIES.—Unless specifically returns, documents, and submissions subject fund loan facilitator, appropriated otherwise, there is authorized to the requirements under the regulations ‘‘(B) the typical fees and interest rates to be appropriated and is appropriated to the promulgated under such section must sign (using annual percentage rates as defined by Internal Revenue Service for each fiscal year

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for the administration of the public aware- (E) LABOR ORGANIZATION.—The term ‘‘labor administrative Judge. When discipline is im- ness campaign described in subsection (d) an organization’’ means an organization— posed based on such an agreement, the bill amount equal to the penalties collected dur- (i) in which employees participate, provides that the Director will provide suming the preceding fiscal year under section (ii) which exists for the purpose, in whole mary information about the conduct which 7530 of the Internal Revenue Code of 1986. or in part, of dealing with employers con- gave rise to the sanction. (d) PUBLIC AWARENESS CAMPAIGN.—The cerning grievances, labor disputes, wages, There is a longstanding provision of 26 USC Secretary of the Treasury shall conduct a rates of pay, hours of employment, or condi- 6103, permitting taxpayer information to be public information and consumer education tions of work, and disclosed in proceedings brought to impose campaign, utilizing paid advertising, to edu- (iii) which is described in section 501(c)(5). discipline under 31 USC 330. The bill provides cate the public on making sound financial (c) APPLICATION.—An eligible entity desir- a limitation on the disclosure of information decisions with respect to refund anticipation ing a grant under this section shall submit about the client, allowing the administrative loans (as defined under section 7530 of the In- an application to the Secretary in such form law judge to decide whether the client infor- ternal Revenue Code of 1986), including the and containing such information as the Sec- mation is necessary to understand the na- need to compare— retary may require. ture, scope or impact of the misconduct. In cases where discipline is imposed without (1) the rates and fees of such loans with the (d) LIMITATION ON ADMINISTRATIVE COSTS.— bringing the matter before an administrative rates and fees of conventional loans; and A recipient of a grant under this section may law judge, the Director makes this deter- (2) the amount of money received under not use more than 6 percent of the total mination. The bill also provides a general the loan after taking into consideration such amount of such grant in any fiscal year for protection for medical information, the re- the administrative costs of carrying out the costs and fees with the total amount of the lease of which would be an unwarranted in- programs funded by such grant in such fiscal refund. vasion of personal privacy. For example, year. (e) EFFECTIVE DATE.—The amendments when a practitioner offers evidence of phys- made by this section shall take effect on the (e) EVALUATION AND REPORT.—For each fis- ical or mental health problems to explain his date that is 1 year after the date of the en- cal year in which a grant is awarded under or her conduct, the release of that medical actment of this Act. this section, the Secretary shall submit a re- information in a proceeding may be inappro- SEC. 7. TAXPAYER ACCESS TO FINANCIAL INSTI- port to Congress containing a description of priate. TUTIONS. the activities funded, amounts distributed, and measurable results, as appropriate and Mr. AKAKA Mr. President, I am (a) ESTABLISHMENT OF PROGRAM.—The Sec- proud to cosponsor the Taxpayer Pro- retary is authorized to award demonstration available. project grants (including multi-year grants) (f) AUTHORIZATION OF APPROPRIATIONS.— tection and Assistance Act of 2005. I to eligible entities which partner with volun- There is authorized to be appropriated to the thank Senator BINGAMAN for intro- teer and low-income preparation organiza- Secretary, for the grant program described ducing this bill and working closely tions to provide tax preparation services and in this section, $10,000,000, or such additional with me over the years to protect tax- assistance in connection with establishing amounts as deemed necessary, to remain payers and expand access to financial an account in a federally insured depository available until expended. services. I also appreciate all of the ef- (g) REGULATIONS.—The Secretary is au- institution for individuals that currently do forts of Senators BAUCUS, SMITH, not have such an account. thorized to promulgate regulations to implement and administer the grant program GRASSLEY, and PRYOR on this impor- (b) ELIGIBLE ENTITIES.— tant piece of consumer protection leg- (1) IN GENERAL.—An entity is eligible to re- under this section. (h) STUDY ON DELIVERY OF TAX REFUNDS.— islation. ceive a grant under this section if such an The earned income tax credit (EITC) entity is— (1) IN GENERAL.—The Secretary of the (A) an organization described in section Treasury, in consultation with the National helps working families meet their food, 501(c)(3) of the Internal Revenue Code of 1986 Taxpayer Advocate, shall conduct a study on clothing, housing, transportation, and and exempt from tax under section 501(a) of the payment of tax refunds through debit education needs. Unfortunately, EITC such Code, cards or other electronic means to assist in- refunds intended for working families (B) a federally insured depository institu- dividuals that do not have access to financial are unnecessarily diminished by exces- tion, accounts or institutions. sive tax preparation fees and the use of (C) an agency of a State or local govern- (2) REPORT.—Not later than 1 year after refund anticipation loans (RALs). Ac- the date of the enactment of this Act, the ment, cording to the Brookings Institution, (D) a community development financial in- Secretary of the Treasury shall submit a report to Congress containing the result of the an estimated $1.9 billion intended to stitution, assist low-income families via the (E) an Indian tribal organization, study conducted under subsection (a). (F) an Alaska Native Corporation, SEC. 8. EXPANDED USE OF TAX COURT PRACTICE EITC was received by commercial tax (G) a Native Hawaiian organization, FEES FOR PRO SE TAXPAYERS. preparers and affiliated national banks (H) a labor organization, or (a) IN GENERAL.—Section 7475(b) (relating to pay for tax assistance, electronic fil- (I) a partnership comprised of 1 or more of to use of fees) is amended by inserting before ing of returns, and high-cost refund an- the entities described in the preceding sub- the period at the end ‘‘and to provide serv- ticipation loans in 2002. Interest rates paragraphs. ices to pro se taxpayers’’. on RALs can range from 97 percent to (2) DEFINITIONS.—For purposes of this sec- (b) EFFECTIVE DATE.—The amendment more than 2,000 percent. The interest tion— made by this section shall take effect on the rates and fees charged on this type of date of the enactment of this Act. (A) FEDERALLY INSURED DEPOSITORY INSTI- product are not justified given the TUTION.—The term ‘‘federally insured deposi- short duration and low repayment risk tory institution’’ means any insured deposi- ANALYSIS OF TAXPAYER PROTECTION AND tory institution (as defined in section 3 of ASSISTANCE ACT of this type of loan. the Federal Deposit Insurance Act (12 U.S.C. OPR discipline is imposed after a hearing This legislation is a good start to- 1813)) and any insured credit union (as de- before an administrative law judge or as a wards improving the quality of tax fined in section 101 of the Federal Credit result of an agreement between the OPR and preparation services, providing rel- Union Act (12 U.S.C. 1752)). the representative. Little is known about the evant and useful disclosures about the (B) COMMUNITY DEVELOPMENT FINANCIAL IN- basis for these actions, because the current use of RALs, and expanding access to STITUTION.—The term ‘‘community develop- practice is to publish only the identity of the low- and moderate-income families to ment financial institution’’ means any orga- representative, the disciplinary action mainstream financial services. The Act nization that has been certified as such pur- taken; and the effective date. The bill would will provide the Department of the suant to section 1805.201 of title 12, Code of open the process to the public, providing Treasury with the authority to regu- Federal Regulations. greater transparency and accountability for (C) ALASKA NATIVE CORPORATION.—The both the representatives and the OPR. late individuals preparing federal in- term ‘‘Alaska Native Corporation’’ has the Following the practice of many State at- come tax returns and other documents same meaning as the term ‘‘Native Corpora- torney discipline processes, the bill provides for submission to the Internal Revenue tion’’ under section 3(m) of the Alaska Na- that proceedings before an administrative Service. Fifty-seven percent of EITC tive Claims Settlement Act (43 U.S.C. law judge are open to the public. These pro- overclaims were made on returns put 1602(m)). ceedings are initiated by the Director of the together by paid preparers. This Act (D) NATIVE HAWAIIAN ORGANIZATION.—The Office of Professional Responsibility after requires examinations, education, and term ‘‘Native Hawaiian organization’’ means the representative has been notified of the oversight of paid preparers and urges any organization that— proposed charges, and has had an oppor- (i) serves and represents the interests of tunity to respond to the Director. In many citizens to utilize the services of an ac- Native Hawaiians, and cases, the representative agrees with the Di- credited or licensed tax preparer. This (ii) has as a primary and stated purpose rector that a violation of the rules of con- should improve the quality of tax prep- the provision of services to Native Hawai- duct has occurred, and agrees to accept a dis- aration services available to our citi- ians. ciplinary action without a hearing before an zens.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3829 In addition, the Act will require RAL By Mr. BINGAMAN: 1998 have proved to be effective providers of facilitators to register with the De- S. 834. A bill to amend the Workforce information and resources for job seekers. partment of the Treasury, and comply Investment Act of 1998 to provide for (16) The one-stop delivery systems offer with minimum disclosure requirements integrated workforce training pro- special opportunities for directing displaced grams for adults with limited English workers to certification programs that build intended to improve the understanding skills for technical fields where rewarding of consumers about the costs associ- proficiency, and for other purposes; to jobs are plentiful. the Committee on Health, Education, ated with RALs. The Act also requires SEC. 3. PURPOSES. that the Department of the Treasury Labor, and Pensions. The purposes of this Act are as follows: conduct a public awareness campaign Mr. BINGAMAN. Mr. President, I ask (1) To increase the numbers of workers intended to improve the knowledge of unanimous consent that the text of the educated for employment in high technology consumers about the costs associated bills be printed in the RECORD. industries. with RALs. We need consumers to There being no objection, the bills (2) To align the technical and vocational know more about the high fees associ- were ordered to be printed in the programs of educational institutions with ated with RALs and what alternatives RECORD, as follows: the workforce needs of high-growth, next are available, such as opening a bank S. 833 generation industries. Be it enacted by the Senate and House of Rep- (3) To offer individuals expanded opportu- or credit union account and having nities for rapid training and retraining in their refund directly deposited into it. resentatives of the United States of America in Congress assembled, portable skills needed to keep and change I am pleased that authorization lan- jobs in a volatile economy. guage for a grant program to link tax SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Workforce (4) To provide United States businesses preparation services with the opening Investment for Next-Generation Tech- with adequate numbers of skilled technical of a bank or credit union account is in- nologies Act’’ or the ‘‘WING Act’’. workers. cluded in this legislation. It is esti- SEC. 2. FINDINGS. (5) To encourage a student’s or worker’s mated that four million EITC recipi- Congress finds the following: progress toward an advanced degree while ents are classified as unbanked, and (1) Science- and technology-based indus- providing training, education, and useful credentials for workforce entry or reentry. lack a formal relationship with a fi- tries have been and will continue to be en- nancial institution. Approximately 45 gines of United States economic growth and SEC. 4. SKILL CERTIFICATION PILOT PROJECTS. Section 171 of the Workforce Investment percent of EITC recipients pay for national security. (2) The United States faces great chal- Act of 1998 (29 U.S.C. 2916) is amended by add- check cashing services. Check cashing lenges in the global economy from nations ing at the end the following: services reduce EITC benefits by $130 with highly trained technical workforces. ‘‘(e) SKILL CERTIFICATION PILOT million. Having a bank account allows (3) Occupations requiring technical and PROJECTS.— individuals to take advantage of elec- scientific training are projected to grow rap- ‘‘(1) PILOT PROJECTS.—In accordance with tronic filing, thus eliminating the ex- idly over the next decade, at 3 times the rate subsection (b), the Secretary of Labor shall cessive fees that check cashing services of all occupations (according to Science & establish and carry out not more than 20 and refund anticipation loan providers Engineering Indicators, 2002). pilot projects to establish a system of industry-validated national certifications of assess. An account at a bank or credit (4) The need for trained technology workers in national security fields has increased skills, including— union provides consumers alternatives as a result of the events of September 11, ‘‘(A) not more than 16 national certifi- to rapid refund loans, check cashing 2001. cations of skills in high-technology indus- services, and lower cost remittances. In (5) National certification systems are well tries, including biotechnology, telecommuni- addition, bank and credit union ac- established and accepted in fields such as cations, highly automated manufacturing counts provide access to products and health and information technology and have (including semiconductors), advanced mate- services found at mainstream financial succeeded in attracting more workers into rials technology, nanotechnology, and en- institutions, such as savings accounts those fields. ergy technology (including technology relat- and reasonably priced loans. (6) Business and workers could both be well ing to next-generation lighting); and This grant program builds upon the served by expanding the certification con- ‘‘(B) not more than 4 cross-disciplinary na- cept to other high technology industries. tional certifications of skills in homeland se- First Accounts initiative which has (7) National certification systems allow curity technology. funded pilot projects that have coupled workers to develop skills transportable to ‘‘(2) GRANTS TO ELIGIBLE ENTITIES.—In car- tax preparation services with the es- other States in response to layoffs and other rying out the pilot projects, the Secretary of tablishment of bank accounts. An ex- economic changes. Labor shall make grants to eligible entities, ample of such a project is the partner- (8) National certification systems facili- for periods of not less than 36 months and ship that has been established by The tate interstate comparisons of education and not more than 48 months, to carry out the Center for Economic Progress in Chi- training programs and help identify best authorized activities described in paragraph cago. We need more of these types of practices and reduce cost and development (7) with respect to the certifications de- programs intended to provide much redundancies. scribed in paragraph (1). (9) National certification systems promote ‘‘(3) ELIGIBLE ENTITIES.— needed tax preparation assistance, and quality and encourage educational institu- ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In encourage the use of mainstream finan- tions to modernize programs to ensure grad- this subsection, the term ‘eligible entity’ cial services. uates pass industry-required exams. means an entity that shall include as a prin- I urge all of my colleagues to support (10) National certification based on indus- cipal participant one or more of the fol- this legislation. This is an important try-validated skill standards introduces lowing: first step towards improving the qual- stricter accountability for technical and vo- ‘‘(i) An institution of higher education (as ity of tax preparation services. I look cational education programs. defined in section 101 or 102 of the Higher forward to continuing to work with my (11) Certification signals value to employ- Education Act of 1965 (20 U.S.C. 1001, 1002)). colleagues on additional consumer pro- ers and increases applicants’ employability. ‘‘(ii) An advanced technology education (12) Certification offers a planned skill de- center. tections and initiatives to bring more velopment route into employment or profes- ‘‘(iii) A local workforce investment board. people into mainstream financial serv- sional advancement for working adults and ‘‘(iv) A representative of a business in a ices, such as what I included in S. 324, displaced workers. target industry for the certification in- the Taxpayer Abuse Prevention Act. (13) The National Science Foundation’s Ad- volved. vanced Technological Education Program, ‘‘(v) A representative of an industry asso- By Mr. BINGAMAN: authorized by Congress in 1992, has created ciation, labor organization, or community S. 833. A bill to amend the Workforce national centers of excellence at community development organization. Investment Act of 1998 to authroize the colleges that have established unique link- ‘‘(B) HISTORY OF DEMONSTRATED CAPABILITY Secretary of Labor to provide for 5- ages with industry to prepare individuals for REQUIRED.—To be eligible to receive a grant year pilot projects to establish a sys- the technical workforce under the program. under this subsection, an eligible entity tem of industry-validated national cer- (14) The Advanced Technological Edu- shall have a history of demonstrated capa- tifications of skills in high-technology cation Program should be expanded to all in- bility for effective collaboration with indus- stitutions of higher education, as the Nation try on workforce development activities that industries and a cross-disciplinary na- should invest more resources in training and is consistent with the goals of this Act. tional certification of skills in home- education programs that are responsive to ‘‘(4) APPLICATIONS.—To be eligible to re- land security technology; to the Com- marketplace needs. ceive a grant under this subsection, an eligi- mittee on Health, Education, Labor, (15) The one-stop delivery systems author- ble entity shall submit an application to the and Pensions. ized under the Workforce Investment Act of Secretary of Labor at such time, in such

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manner, and containing such information as ‘‘(C) submit and prepare a report on the ‘‘(3) GRANTS.— the Secretary may require. pilot projects to the Committee on Health, ‘‘(A) IN GENERAL.—In carrying out the dem- ‘‘(5) CRITERIA.—The Secretary of Labor Education, Labor, and Pensions of the Sen- onstration project, the Secretary shall make shall establish criteria, consistent with para- ate and the Committee on Education and the not less than 10 grants, on a competitive graph (6), for awarding grants under this sub- Workforce of the House of Representatives; basis, to eligible entities to provide the inte- section. and grated workforce training programs. In ‘‘(6) PRIORITY.—In selecting eligible enti- ‘‘(D) make available to the public both the awarding grants under this subsection the ties to receive grants under this subsection, data and the report. Secretary shall take into consideration the Secretary of Labor shall give priority to ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— awarding grants to eligible entities from di- eligible entities that demonstrate the avail- In addition to amounts authorized to be ap- verse geographic areas, including rural ability of and ability to provide matching propriated under section 174(b), there is au- areas. funds from industry or nonprofit sources. thorized to be appropriated $60,000,000 for fis- ‘‘(B) PERIODS.—The Secretary shall make Such matching funds may be provided in cal year 2006 to carry out this subsection.’’. the grants for periods of not less than 24 cash or in kind. months and not more than 48 months. ‘‘(7) AUTHORIZED ACTIVITIES.— S. 834 ‘‘(4) ELIGIBLE ENTITIES.— ‘‘(A) IN GENERAL.—An eligible entity that Be it enacted by the Senate and House of Rep- ‘‘(A) IN GENERAL.—To be eligible to receive receives a grant under this subsection shall resentatives of the United States of America in a grant under this subsection, an eligible en- use the funds made available through the Congress assembled, tity shall work in conjunction with a local grant— board and shall include as a principal partic- SECTION 1. SHORT TITLE. ‘‘(i) to establish certification requirements ipant one or more of the following: This Act may be cited as the ‘‘Limited for a certification described in paragraph (1) ‘‘(i) An employer or employer association. English Proficiency and Integrated Work- for an industry; ‘‘(ii) A nonprofit provider of English lan- force Training Act’’. ‘‘(ii) to develop and initiate a certification guage instruction. program that includes preparatory courses, SEC. 2. FINDINGS. ‘‘(iii) A provider of occupational or skills course materials, procedures, and examina- Congress finds the following: training. tions, for the certification; and (1) The Workforce Investment Act of 1998 ‘‘(iv) A community-based organization. ‘‘(iii) to collect and analyze data related to system is designed— ‘‘(v) An educational institution, including the program at the program’s completion, (A) to ensure universal access for individ- a 2- or 4-year college, or a technical or voca- and to identify best practices (consistent uals in need of employment and training sys- tional school. with paragraph (8)) that may be used by tems; and ‘‘(vi) A labor organization. local and State workforce investment boards (B) to equip workers with those skills that ‘‘(vii) A local board. in the future. contribute to lifelong education. ‘‘(B) EXPERTISE.—To be eligible to receive ‘‘(B) BASIS FOR REQUIREMENTS.—The cer- (2) The Workforce Investment Act of 1998 a grant under this subsection, an eligible en- tification requirements shall be based on ap- system is designed to recognize and reinforce tity shall have proven expertise in— plicable skill standards for the industry in- the link between economic development and ‘‘(i) serving individuals with limited volved that have been developed by or linked workforce development to meet the joint de- English proficiency, including individuals to national centers of excellence under the mands of employers and workers. with lower levels of oral and written English; National Science Foundation’s Advanced (3) The Workforce Investment Act of 1998 and Technological Education Program. The re- system should address the ongoing shortage ‘‘(ii) providing workforce programs with quirements shall require an individual to of essential skills in the United States work- training and English language instruction. demonstrate an identifiable set of com- force in sectors with economic growth to en- ‘‘(5) APPLICATIONS.— petencies relevant to the industry in order to sure the United States remains competitive ‘‘(A) IN GENERAL.—To be eligible to receive receive certification. The requirements shall in the global economy. a grant under this subsection, an eligible en- be designed to provide evidence of a transfer- (4) Immigrants accounted for over 50 per- tity shall submit an application to the Sec- able skill set that allows flexibility and mo- cent of the growth in the civilian workforce retary at such time, in such manner, and bility of workers within a high technology between 1990 and 2001, and assuming today’s containing such information as the Sec- industry. levels of immigration remain constant, im- retary may require. ‘‘(C) RELATIONSHIP TO TRAINING AND EDU- migrants will account for half of the growth ‘‘(B) CONTENTS.—Each application sub- CATION PROGRAMS.—The eligible entity shall in the working age population between 2006 mitted under subparagraph (A) shall— ensure that— and 2015. ‘‘(i) contain information, including capa- ‘‘(i) a training and education program re- (5) The growth of the United States work- bility statements, that demonstrates that lated to competencies for the industry in- force and the competitiveness of the United the eligible entity has the expertise de- volved, that is flexible in mode and time- States economy is directly linked to immi- scribed in paragraph (4)(B); and frame for delivery and that meets the needs grants, some of whom are limited English ‘‘(ii) include an assurance that the proof those seeking the certification, is offered; proficient. gram to be assisted shall— and (6) The Workforce Investment Act of 1998 ‘‘(I) establish a generalized adult bilingual ‘‘(ii) the certification program is offered at system may be significantly strengthened by workforce training and education model that the completion of the training and education funding the development of an employer cen- integrates English language acquisition and program. tered integrated workforce training program occupational training, and incorporates the ‘‘(D) RELATIONSHIP TO THE ASSOCIATE DE- for adults with limited English proficiency, unique linguistic and cultural factors of the GREE.—The eligible entity shall ensure that taking into account the needs of the local participants; the certification program is consistent with and regional economy and the linguistic, so- ‘‘(II) establish a framework by which the the requirements for a 2-year associate de- cial, and cultural characteristics of the indi- employer, employee, and other relevant gree. vidual. members of the eligible entity can create a ‘‘(E) AVAILABILITY.—The eligible entity SEC. 3. INTEGRATED WORKFORCE TRAINING career development and training plan that shall ensure that the certification program PROGRAMS FOR ADULTS WITH LIM- assists both the employer and the employee is open to students pursuing associate de- ITED ENGLISH PROFICIENCY. to meet their long-term needs; grees, employed workers, and displaced Section 171 of the Workforce Investment ‘‘(III) ensure that the framework estab- workers. Act of 1998 (29 U.S.C. 2916) is amended by add- lished under subclause (II) takes into consid- ‘‘(8) CONSULTATION.—The Secretary of ing at the end the following: eration the knowledge, skills, and abilities Labor shall consult with the Director of the ‘‘(e) INTEGRATED WORKFORCE TRAINING PRO- of the employee with respect to both the cur- National Science Foundation and the Sec- GRAMS FOR ADULTS WITH LIMITED ENGLISH rent and economic conditions of the em- retary of Education to ensure that the pilot PROFICIENCY.— ployer and future labor market conditions projects build on the expertise and informa- ‘‘(1) DEFINITIONS.—In this subsection: relevant to the local area; and tion about best practices gained through the ‘‘(A) INTEGRATED WORKFORCE TRAINING.— ‘‘(IV) establish identifiable measures so implementation of the National Science The term ‘integrated workforce training’ that the progress of the employee and em- Foundation’s Advanced Technological Edu- means training that integrates occupational ployer and the relative efficacy of the pro- cation Program. skills training with language acquisition. gram can be evaluated and best practices ‘‘(9) CORE COMPONENTS; GUIDELINES; RE- ‘‘(B) SECRETARY.—The term ‘Secretary’ identified. PORTS.—After collecting and analyzing the means the Secretary of Labor in consulta- ‘‘(6) –CRITERIA.—The Secretary shall estab- data obtained from the pilot programs, the tion with the Secretary of Education. lish criteria for awarding grants under this Secretary of Labor shall— ‘‘(2) DEMONSTRATION PROJECT.—In accord- subsection. ‘‘(A) establish the core components of a ance with subsection (b), the Secretary shall ‘‘(7) INTEGRATED WORKFORCE TRAINING PRO- model high-technology certification pro- establish and implement a national dem- GRAMS.— gram; onstration project designed to both analyze ‘‘(A) PROGRAM COMPONENTS.— ‘‘(B) establish guidelines to assure develop- and provide data on workforce training pro- ‘‘(i) REQUIRED COMPONENTS.—Each program ment of a uniform set of standards and poli- grams that integrate English language ac- that receives funding under this subsection cies for such programs; quisition and occupational training. shall—

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3831 ‘‘(I) test an individual’s English language instruction, and job specific skills training; long-term care for older persons in the proficiency levels to assess oral and literacy or United States. This is an enormous gains from the beginning and throughout ‘‘(iii) sequential programs that provide a strength of our long-term care system. program enrollment; progression of skills, language, and training The U.S. Administration on Aging re- ‘‘(II) combine training specific to a par- to ensure success upon an individual’s com- ports that about 22 million people serve ticular occupation or occupational cluster, pletion of the program. with— ‘‘(8) EVALUATION BY ELIGIBLE ENTITY.—Each as informal caregivers for seniors with ‘‘(aa) English language instruction, such as eligible entity that receives a grant under at least one limitation on their activi- instruction through an English as a Second this subsection for a program shall carry out ties of daily living. Language program, or an English for Speak- a continuous program evaluation and an These caregivers often face extreme ers of Other Languages program; evaluation specific to the last phase of the stress and financial burden—especially ‘‘(bb) basic skills instruction; and program operations. those we call the sandwich generation. ‘‘(cc) supportive services; ‘‘(9) EVALUATION BY SECRETARY.— The sandwich generation refers to ‘‘(III) effectively integrate public and pri- ‘‘(A) IN GENERAL.—The Secretary shall con- those sandwiched between caring for vate sector entities, including the local duct an evaluation of program impacts of the their aging parents and caring for their workforce investment system and its func- programs funded under the demonstration tions, to achieve the goals of the program; own children. project, with a random assignment, experi- It is difficult for families to balance and mental design impact study done at each ‘‘(IV) require matching or in-kind re- worksite at which such a program is carried caring for children and saving or pay- sources from private and nonprofit entities. out. ing for college, while at the same time ‘‘(ii) PERMISSIBLE COMPONENTS.—The pro- ‘‘(B) DATA COLLECTION AND ANALYSIS.—The struggling with financing care for frail gram may offer other services, as necessary Secretary shall collect and analyze the data and aging parents. to promote successful participation and com- from the demonstration project to determine Many caregivers forgo job pro- pletion, including work-based learning, sub- program effectiveness, including gains in motions, reduce their hours on the job, stance abuse treatment, and mental health language proficiency, acquisition of skills, cut back to part-time, or take extended services. and job advancement for program partici- leaves of absence to stay at home and ‘‘(B) GOAL.—Each program that receives pants. care for their aging family members. funding under this subsection shall be de- ‘‘(C) REPORT.—The Secretary shall prepare signed to prepare limited English proficient Direct expenses include the cost of pre- and submit to the Committee on Health, scription drugs, durable medical equip- adults for, and place such adults in, employ- Education, Labor, and Pensions of the Sen- ment in growing industries with identifiable ate and the Committee on Education and the ment, home modifications, and phys- career ladder paths. Workforce of the House of Representatives, ical therapy. ‘‘(C) PROGRAM TYPES.—In selecting pro- and make available to the public, a report on Caregivers also endure emotional and grams to receive funding under this sub- the demonstration project, including the re- personal health strains. section, the Secretary shall select programs sults of the evaluation. The average age of a caregiver is 57, that meet 1 or more of the following criteria: ‘‘(10) TECHNICAL ASSISTANCE.—The Sec- with one-third over age 65 themselves. ‘‘(i) A program that— retary shall provide technical assistance to Caregivers suffer from higher rates of ‘‘(I) serves unemployed, limited English recipients of grants under this subsection proficient individuals with significant work depression or anxiety. These conditions throughout the grant periods. experience or substantial education but per- often lead to higher risk of heart dis- ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.— sistently low wages; and ease, cancer, diabetes, or other chronic In addition to amounts authorized to be ap- ‘‘(II) aims to prepare such individuals for, conditions. propriated under section 174(b), there are au- and place such individuals in, higher paying For many families, the nursing home thorized to be appropriated for fiscal year employment, defined for purposes of this 2006— is the only solution for providing long- subparagraph as employment that provides ‘‘(A) $10,000,000 to make grants under para- term care, and that can be a good at least 75 percent of the median wage in the graph (3); and choice. For other families, keeping local area. aging and vulnerable relatives in their ‘‘(ii) A program that— ‘‘(B) $1,000,000 to carry out paragraph (9).’’. ‘‘(I) serves limited English proficient indi- own home or in the caregiver’s home viduals with lower levels of oral and written By Mr. CRAIG (for himself and makes sense. fluency, who are working but at persistently Mr. BURNS): Family caregiving for aging and vul- low wages; and S. 835. A bill to amend the Internal nerable relatives requires a flexible na- ‘‘(II) aims to prepare such individuals for, Revenue Code of 1986 to allow a non- tional response to ensure seniors and and place such individuals in, higher paying refundable tax credit for elder care ex- their families have the most appro- employment, through services provided at penses; to the Committee on Finance. priate high quality choices. the work site, or at a location central to sev- Mr. CRAIG. Mr. President, today I That is why I am introducing the SE- eral work sites, during work hours. am introducing the Senior Elder Care CURE Act. This legislation would help ‘‘(iii) A program that— reduce the financial strain and related ‘‘(I) serves unemployed, limited English Relief and Empowerment Act—the SE- proficient individuals with lower levels of CURE Act. emotional and medical stress faced by oral and written fluency, who have little or The SECURE Act would provide eli- family caregivers, as they care for no work experience; and gible taxpayers with a nonrefundable their frail and aging parents, by pro- ‘‘(II) aims to prepare such individuals for, tax credit equal to 50 percent of quali- viding much-needed tax relief for quali- and place such individuals in, employment fied expenses incurred on behalf of sen- fied expenses. through services that include subsidized em- ior citizens above a $1,000 spending The SECURE Act would increase the ployment, in addition to the components re- eldercare choices available to families floor. quired in subparagraph (A)(i). and has the potential to reduce the The Senate Special Committee on ‘‘(iv) A program that includes funds from number of seniors forced to spend down Aging, which I chaired in the 108th private and nonprofit entities. their nest-egg in order to qualify for ‘‘(D) PROGRAM APPROACHES.—In selecting Congress and of which I remain a mem- Medicaid services. programs to receive funding under this sub- ber, held several hearings over the last Qualified expenses include costs that section, the Secretary shall select programs couple years on different facets of the with different approaches to integrated are not reimbursable—those not cov- growing long-term care crisis in this ered by Medicare or other insurance— workforce training, in different contexts, in country. A major concern of mine is order to obtain comparative data on mul- for physical assistance with essential tiple approaches to integrated workforce that the Federal long-term care policy daily activities to prevent injury; long- training and English language instruction, mix may not have the right incen- term care expenses, including normal to ensure programs are tailored to character- tives—especially when it comes to the household services; architectural ex- istics of individuals with varying skill levels tough choices faced by families who penses necessary to modify the senior’s and to assess how different curricula work want to care for their frail and aging residence; respite care; adult daycare; for limited English proficient populations. relatives. assisted living services that are non- Such approaches may include— More and more families are facing housing related expenses; independent ‘‘(i) bilingual programs in which the work- the stress and financial difficulties place language component and the training living; home care; and home health are conducted in a combination of an indi- that come with caring for their aging care. vidual’s native language and English; parents. Seniors with long-term care needs ‘‘(ii) integrated workforce training pro- It is critical to note that families, also would be able to use the tax credit grams that combine basic skills, language not government, provide 80 percent of on their own behalf.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3832 CONGRESSIONAL RECORD — SENATE April 18, 2005 The SECURE Act should not preclude ‘‘(4) NO DOUBLE BENEFIT.—No deduction or bill H.R. 1268, Making emergency supple- seniors or those near retirement from other credit under this chapter shall take mental appropriations for the fiscal year purchasing long-term care insurance. into account any expense taken into account ending September 30, 2005, to establish and The Act would provide tax relief for for purposes of determining the credit under rapidly implement regulations for State this section. driver’s license and identification document high-risk seniors who cannot qualify ‘‘(5) IDENTIFYING INFORMATION REQUIRED security standards, to prevent terrorists for long-term care insurance policies. WITH RESPECT TO SERVICE PROVIDER.—No from abusing the asylum laws of the United I invite my colleagues to cosponsor credit shall be allowed under subsection (a) States, to unify terrorism-related grounds this compassionate legislation. for any amount paid to any person unless— for inadmissibility and removal, to ensure I ask unanimous consent that the ‘‘(A) the name, address, and taxpayer iden- expeditious construction of the San Diego text of the bill and a brief description tification number of such person are in- border fence, and for other purposes; which be printed in the RECORD. cluded on the return claiming the credit, or was ordered to lie on the table. There being no objection, the mate- ‘‘(B) if such person is an organization de- SA 467. Mr. COBURN submitted an amend- rial was ordered to be printed in the scribed in section 501(c)(3) and exempt from ment intended to be proposed by him to the RECORD, as follows: tax under section 501(a), the name and ad- bill H.R. 1268, supra; which was ordered to lie dress of such person are included on the re- on the table. S. 835 turn claiming the credit. SA 468. Mr. COBURN submitted an amend- Be it enacted by the Senate and House of Rep- In the case of a failure to provide the infor- ment intended to be proposed by him to the resentatives of the United States of America in bill H.R. 1268, supra; which was ordered to lie Congress assembled, mation required under the preceding sentence, the preceding sentence shall not apply on the table. SECTION 1. SHORT TITLE. SA 469. Mr. COBURN submitted an amend- if it is shown that the taxpayer exercised due This Act may be cited as the ‘‘Senior Elder ment intended to be proposed by him to the diligence in attempting to provide the infor- Care Relief and Empowerment (SECURE) bill H.R. 1268, supra; which was ordered to lie mation so required. Act’’. on the table. ‘‘(6) IDENTIFYING INFORMATION REQUIRED SEC. 2. CREDIT FOR ELDER CARE. SA 470. Mr. COBURN submitted an amend- WITH RESPECT TO QUALIFIED SENIOR CITI- (a) IN GENERAL.—Subpart A of part IV of ment intended to be proposed by him to the subchapter A of chapter 1 of the Internal ZENS.—No credit shall be allowed under this bill H.R. 1268, supra; which was ordered to lie Revenue Code of 1986 is amended by inserting section with respect to any qualified senior on the table. after section 25B the following new section: citizen unless the TIN of such senior citizen SA 471. Mr. COBURN submitted an amend- is included on the return claiming the cred- ‘‘SEC. 25C. ELDER CARE EXPENSES. ment intended to be proposed by him to the it.’’. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of bill H.R. 1268, supra; which was ordered to lie (b) CONFORMING AMENDMENTS.— an individual, there shall be allowed as a on the table. (1) Section 6213(g)(2)(H) of the Internal credit against the tax imposed by this chap- SA 472. Mr. CHAMBLISS submitted an Revenue Code of 1986 (relating to mathe- ter 50 percent of so much of the qualified amendment intended to be proposed by him matical or clerical error) is amended by in- elder care expenses paid or incurred by the to the bill H.R. 1268, supra; which was or- serting ‘‘, section 25C (relating to elder care taxpayer with respect to each qualified sen- dered to lie on the table. expenses),’’ after ‘‘employment)’’. ior citizen as exceeds $1,000. SA 473. Mr. COCHRAN submitted an ‘‘(b) QUALIFIED SENIOR CITIZEN.—For pur- (2) The table of sections for subpart A of amendment intended to be proposed by him poses of this section, the term ‘qualified sen- part IV of subchapter A of chapter 1 of such to the bill H.R. 1268, supra. ior citizen’ means an individual— Code is amended by inserting after the item SA 474. Mr. CRAIG (for himself and Mr. ‘‘(1) who has attained normal retirement relating to section 25B the following new AKAKA) submitted an amendment intended age (as determined under section 216 of the item: to be proposed by him to the bill H.R. 1268, Social Security Act) before the close of the ‘‘Sec. 25C Elder care expenses.’’. supra; which was ordered to lie on the table. taxable year, (c) EFFECTIVE DATE.—The amendments SA 475. Mr. CRAIG (for himself, Mr. BAU- ‘‘(2) who is a chronically ill individual made by this section shall apply to expenses CUS, Mr. ROBERTS, and Mr. ENZI) submitted (within the meaning of section incurred in taxable years beginning after De- an amendment intended to be proposed by 7702B(c)(2)(B)), and cember 31, 2004. him to the bill H.R. 1268, supra; which was ‘‘(3) who is— SENIOR ELDER CARE RELIEF AND ordered to lie on the table. SA 476. Mr. BYRD submitted an amend- ‘‘(A) the taxpayer, EMPOWERMENT (SECURE) ACT ment intended to be proposed by him to the ‘‘(B) a family member (within the meaning BRIEF SUMMARY OF PROVISIONS bill H.R. 1268, supra; which was ordered to lie of section 529(e)(2)) of the taxpayer, or April 2005 ‘‘(C) a dependent (within the meaning of on the table. How is the tax credit structured? SA 477. Mr. CONRAD submitted an amend- section 152) of the taxpayer. 50% tax credit rate for qualified expenses ‘‘(c) QUALIFIED ELDER CARE EXPENSES.— ment intended to be proposed by him to the for elder care provided to a qualified senior For purposes of this section— bill H.R. 1268, supra; which was ordered to lie citizen with long-term care needs, for all ‘‘(1) IN GENERAL.—The term ‘qualified elder on the table. qualified expenses above a ‘‘floor’’ of $1,000 SA 478. Mr. BINGAMAN submitted an care expenses’ means expenses paid or in- already provided by the taxpayer (for exam- curred by the taxpayer with respect to the amendment intended to be proposed by him ple: $500 credit on first $2,000 spent; $10,000 to the bill H.R. 1268, supra; which was or- qualified senior citizen for— credit on first $21,000 spent). ‘‘(A) qualified long-term care services (as dered to lie on the table. What are the qualifications for bene- SA 479. Ms. LANDRIEU submitted an defined in section 7702B(c)), ficiaries of the tax credit? amendment intended to be proposed by her ‘‘(B) respite care, or Must have reached at least normal retire- to the bill H.R. 1268, supra; which was or- ‘‘(C) adult day care. ment age under Social Security (currently dered to lie on the table. ‘‘(2) EXCEPTIONS.—The term ‘qualified elder age 65), Certification by a licensed physician SA 480. Ms. LANDRIEU submitted an care expenses’ does not include— that the cared-for senior is unable to per- amendment intended to be proposed by her ‘‘(A) any expense to the extent such ex- form at least two basic activities of daily to the bill H.R. 1268, supra; which was or- pense is compensated for by insurance or living. dered to lie on the table. otherwise, and Who can claim the credit? SA 481. Mrs. LINCOLN (for herself and Mr. Senior for his/her own care, Taxpaying ‘‘(B) any expense paid to a nursing facility PRYOR) submitted an amendment intended to family member, Any taxpaying family (as defined in section 1919 of the Social Secu- be proposed by her to the bill H.R. 1268, rity Act). claiming the cared-for senior as a dependent. What are the qualified expenses? supra. ‘‘(d) OTHER DEFINITIONS AND SPECIAL SA 482. Mrs. LINCOLN submitted an RULES.— Un-reimbursable costs (those not covered by Medicare or other insurance), Physical as- amendment intended to be proposed by her ‘‘(1) ADULT DAY CARE.—The term ‘adult day to the bill H.R. 1268, supra; which was or- care’ means care provided for a qualified sen- sistance with essential daily activities to prevent injury, Long-term care expenses in- dered to lie on the table. ior citizen through a structured, community- SA 483. Mr. BINGAMAN submitted an cluding normal household services, Architec- based group program which provides health, amendment intended to be proposed by him social, and other related support services on tural expenses necessary to modify the senior’s residence, Respite care, Adult daycare, to the bill H.R. 1268, supra. a less than 16-hour per day basis. SA 484. Mr. SCHUMER submitted an Assisted living services (non-housing related ‘‘(2) RESPITE CARE.—The term ‘respite care’ amendment intended to be proposed by him expenses), Independent living, Home care, means planned or emergency care provided to the bill H.R. 1268, supra; which was or- Home health care. to a qualified senior citizen in order to pro- dered to lie on the table. vide temporary relief to a caregiver of such f SA 485. Mr. DAYTON submitted an amend- senior citizen. AMENDMENTS SUBMITTED AND ment intended to be proposed by him to the ‘‘(3) MARRIED INDIVIDUALS.—Rules similar PROPOSED bill H.R. 1268, supra; which was ordered to lie to the rules of paragraphs (2), (3), and (4) of on the table. section 21(e) shall apply for purposes of this SA 466. Mr. SHELBY submitted an amend- SA 486. Mrs. DOLE (for herself and Mr. section. ment intended to be proposed by him to the BURR) submitted an amendment intended to

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be proposed by her to the bill H.R. 1268, SA 505. Mr. WARNER submitted an amend- (for himself and Mr. KENNEDY) to the bill supra; which was ordered to lie on the table. ment intended to be proposed by him to the H.R. 1268, supra; which was ordered to lie on SA 487. Mr. ENSIGN submitted an amend- bill H.R. 1268, supra; which was ordered to lie the table. ment intended to be proposed by him to the on the table. SA 527. Ms. LANDRIEU submitted an bill H.R. 1268, supra; which was ordered to lie SA 506. Mr. COBURN submitted an amend- amendment intended to be proposed by her on the table. ment intended to be proposed by him to the to the bill H.R. 1268, supra; which was or- SA 488. Mr. McCONNELL submitted an bill H.R. 1268, supra; which was ordered to lie dered to lie on the table. amendment intended to be proposed by him on the table. SA 528. Mr. CONRAD submitted an amend- to the bill H.R. 1268, supra; which was or- SA 507. Mr. COLEMAN submitted an ment intended to be proposed by him to the dered to lie on the table. amendment intended to be proposed by him bill H.R. 1268, supra; which was ordered to lie SA 489. Mr. DURBIN submitted an amend- to the bill H.R. 1268, supra; which was or- on the table. ment intended to be proposed by him to the dered to lie on the table. SA 529. Mr. DOMENICI submitted an bill H.R. 1268, supra; which was ordered to lie SA 508. Mr. COLEMAN submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed by him to the bill H.R. 1268, supra; which was or- SA 490. Mr. LEAHY submitted an amend- to the bill H.R. 1268, supra; which was ordered to lie on the table. ment intended to be proposed by him to the dered to lie on the table. SA 530. Mr. DOMENICI submitted an bill H.R. 1268, supra; which was ordered to lie SA 509. Ms. SNOWE submitted an amend- amendment intended to be proposed by him on the table. ment intended to be proposed by her to the to the bill H.R. 1268, supra; which was or- SA 491. Mr. McCONNELL submitted an bill H.R. 1268, supra; which was ordered to lie dered to lie on the table. SA 531. Mrs. FEINSTEIN submitted an amendment intended to be proposed by him on the table. amendment intended to be proposed to to the bill H.R. 1268, supra. SA 510. Ms. SNOWE submitted an amend- amendment SA 375 proposed by Mr. CRAIG SA 492. Mr. LEAHY submitted an amendment intended to be proposed by her to the (for himself and Mr. KENNEDY) to the bill ment intended to be proposed by him to the bill H.R. 1268, supra; which was ordered to lie H.R. 1268, supra; which was ordered to lie on bill H.R. 1268, supra. on the table. SA 493. Mr. LEAHY submitted an amend- the table. SA 511. Ms. SNOWE submitted an amendment intended to be proposed by him to the SA 532. Mrs. FEINSTEIN submitted an ment intended to be proposed by her to the bill H.R. 1268, supra; which was ordered to lie amendment intended to be proposed to bill H.R. 1268, supra; which was ordered to lie on the table. amendment SA 375 proposed by Mr. CRAIG on the table. SA 494. Mr. BIDEN submitted an amend- (for himself and Mr. KENNEDY) to the bill SA 512. Ms. SNOWE submitted an amendment intended to be proposed by him to the H.R. 1268, supra; which was ordered to lie on ment intended to be proposed by her to the bill H.R. 1268, supra; which was ordered to lie the table. bill H.R. 1268, supra; which was ordered to lie on the table. SA 533. Mrs. FEINSTEIN submitted an SA 495. Mrs. BOXER submitted an amend- on the table. amendment intended to be proposed to ment intended to be proposed by her to the SA 513. Ms. SNOWE submitted an amend- amendment SA 375 proposed by Mr. CRAIG bill H.R. 1268, supra; which was ordered to lie ment intended to be proposed by her to the (for himself and Mr. KENNEDY) to the bill on the table. bill H.R. 1268, supra; which was ordered to lie H.R. 1268, supra; which was ordered to lie on SA 496. Mr. REID submitted an amendment on the table. the table. intended to be proposed by him to the bill SA 514. Ms. SNOWE submitted an amend- SA 534. Mrs. FEINSTEIN submitted an H.R. 1268, supra. ment intended to be proposed by her to the amendment intended to be proposed to SA 497. Ms. MIKULSKI (for herself and Mr. bill H.R. 1268, supra; which was ordered to lie amendment SA 375 proposed by Mr. CRAIG CORZINE) submitted an amendment intended on the table. (for himself and Mr. KENNEDY) to the bill to be proposed by her to the bill H.R. 1268, to SA 515. Ms. SNOWE submitted an amend- H.R. 1268, supra; which was ordered to lie on amend title XVIII of the Social Security Act ment intended to be proposed by her to the the table. to improve the benefits under the Medicare bill H.R. 1268, supra; which was ordered to lie SA 535. Mrs. FEINSTEIN submitted an Program for beneficiaries with kidney dis- on the table. amendment intended to be proposed to ease, and for other purposes; which was or- SA 516. Mr. BYRD submitted an amend- amendment SA 375 proposed by Mr. CRAIG dered to lie on the table. ment intended to be proposed by him to the (for himself and Mr. KENNEDY) to the bill SA 498. Mr. WARNER (for himself, Mr. bill H.R. 1268, supra; which was ordered to lie H.R. 1268, supra; which was ordered to lie on NELSON, of Florida, Mr. ALLEN, and Mr. TAL- on the table. the table. ENT) submitted an amendment intended to SA 517. Mr. CORZINE (for himself and Mr. SA 536. Mr. COCHRAN (for Mr. BOND) pro- be proposed by him to the bill H.R. 1268, BROWNBACK) submitted an amendment in- posed an amendment to the bill H.R. 1268, Making emergency supplemental appropria- tended to be proposed by him to the bill H.R. supra. tions for the fiscal year ending September 30, 1268, supra; which was ordered to lie on the SA 537. Mr. REID (for Mr. BIDEN (for him- 2005, to establish and rapidly implement reg- table. self, Mr. LAUTENBERG, and Mrs. BOXER)) sub- ulations for State driver’s license and identi- SA 518. Mr. BUNNING submitted an mitted an amendment intended to be pro- fication document security standards, to pre- amendment intended to be proposed by him posed by Mr. REID to the bill H.R. 1268, supra. vent terrorists from abusing the asylum laws to the bill H.R. 1268, supra; which was or- f of the United States, to unify terrorism-re- dered to lie on the table. lated grounds for inadmissibility and re- SA 519. Mr. BUNNING submitted an TEXT OF AMENDMENTS moval, to ensure expeditious construction of amendment intended to be proposed by him THURSDAY, APRIL 14, 2005 the San Diego border fence, and for other to the bill H.R. 1268, supra; which was or- SA 375. Mr. CRAIG (for himself and purposes; which was ordered to lie on the dered to lie on the table. SA 520. Mr. BAYH submitted an amend- Mr. KENNEDY) proposed an amendment table. to the bill H.R. 1268, making emer- SA 499. Mr. WARNER (for himself, Mr. ment intended to be proposed by him to the gency supplemental appropriations for NELSON, of Florida, Mr. ALLEN, Mr. TALENT, bill H.R. 1268, supra; which was ordered to lie Ms. COLLINS, and Mr. MARTINEZ) submitted on the table. the fiscal year ending September 30, an amendment intended to be proposed by SA 521. Mr. GRASSLEY submitted an 2005, to establish and rapidly imple- him to the bill H.R. 1268, supra. amendment intended to be proposed by him ment regulations for State driver’s li- SA 500. Mrs. HUTCHISON submitted an to the bill H.R. 1268, supra; which was or- cense and identification document se- amendment intended to be proposed by her dered to lie on the table. curity standards, to prevent terrorists SA 522. Mr. GRASSLEY submitted an to the bill H.R. 1268, supra; which was or- from abusing the asylum laws of the dered to lie on the table. amendment intended to be proposed by him SA 501. Mr. DODD submitted an amend- to the bill H.R. 1268, supra; which was or- United States, to unify terrorism-re- ment intended to be proposed by him to the dered to lie on the table. lated grounds for inadmissibility and bill H.R. 1268, supra; which was ordered to lie SA 523. Mr. GRASSLEY submitted an removal, to ensure expeditious con- on the table. amendment intended to be proposed by him struction of the San Diego border SA 502. Mr. DODD submitted an amend- to the bill H.R. 1268, supra; which was or- fence, and for other purposes; as fol- ment intended to be proposed by him to the dered to lie on the table. lows: bill H.R. 1268, supra; which was ordered to lie SA 524. Mr. PRYOR submitted an amend- On page 231, between lines 3 and 4, insert on the table. ment intended to be proposed by him to the SA 503. Mr. DURBIN (for himself, Mr. bill H.R. 1268, supra; which was ordered to lie the following: LEVIN, and Mr. KENNEDY) submitted an on the table. TITLE VII—AGRICULTURAL JOB OPPOR- amendment intended to be proposed by him SA 525. Mr. PRYOR submitted an amend- TUNITIES, BENEFITS, AND SECURITY to the bill H.R. 1268, supra; which was or- ment intended to be proposed by him to the ACT OF 2005 dered to lie on the table. bill H.R. 1268, supra; which was ordered to lie SEC. 701. SHORT TITLE. SA 504. Mrs. CLINTON submitted an on the table. This title may be cited as the ‘‘Agricul- amendment intended to be proposed by her SA 526. Mrs. FEINSTEIN submitted an tural Job Opportunities, Benefits, and Secu- to the bill H.R. 1268, supra; which was or- amendment intended to be proposed to rity Act of 2005’’ or the ‘‘AgJOBS Act of dered to lie on the table. amendment SA 375 proposed by Mr. CRAIG 2005’’.

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DEFINITIONS. under this subsection, the Secretary may in accordance with clause (i) and there is In this title: terminate such status only upon a deter- reasonable cause to believe that the com- (1) AGRICULTURAL EMPLOYMENT.—The term mination under this Act that the alien is de- plainant was terminated without just cause, ‘‘agricultural employment’’ means any serv- portable. the Secretary shall initiate binding arbitra- ice or activity that is considered to be agri- (B) GROUNDS FOR TERMINATION OF TEM- tion proceedings by requesting the Federal cultural under section 3(f) of the Fair Labor PORARY RESIDENT STATUS.—Before any alien Mediation and Conciliation Service to ap- Standards Act of 1938 (29 U.S.C. 203(f)) or ag- becomes eligible for adjustment of status point a mutually agreeable arbitrator from ricultural labor under section 3121(g) of the under subsection (c), the Secretary may deny the roster of arbitrators maintained by such Internal Revenue Code of 1986 (26 U.S.C. adjustment to permanent resident status and Service for the geographical area in which 3121(g)). For purposes of this paragraph, agri- provide for termination of the temporary the employer is located. The procedures and cultural employment includes employment resident status granted such alien under rules of such Service shall be applicable to under section 101(a)(15)(H)(ii)(a) of the Immi- paragraph (1) if— the selection of such arbitrator and to such gration and Nationality Act (8 U.S.C. (i) the Secretary finds, by a preponderance arbitration proceedings. The Secretary shall 1101(a)(15)(H)(ii)(a)). of the evidence, that the adjustment to tem- pay the fee and expenses of the arbitrator, (2) EMPLOYER.—The term ‘‘employer’’ porary resident status was the result of fraud subject to the availability of appropriations means any person or entity, including any or willful misrepresentation (as described in for such purpose. section 212(a)(6)(C)(i) of the Immigration and farm labor contractor and any agricultural (iii) ARBITRATION PROCEEDINGS.—The arbi- association, that employs workers in agri- Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or trator shall conduct the proceeding in ac- (ii) the alien— cultural employment. cordance with the policies and procedures (I) commits an act that makes the alien in- (3) JOB OPPORTUNITY.—The term ‘‘job op- promulgated by the American Arbitration admissible to the United States as an immi- portunity’’ means a job opening for tem- Association applicable to private arbitration grant, except as provided under subsection porary full-time employment at a place in of employment disputes. The arbitrator shall (e)(2); the United States to which United States make findings respecting whether the termi- (II) is convicted of a felony or 3 or more workers can be referred. nation was for just cause. The arbitrator misdemeanors committed in the United (4) SECRETARY.—The term ‘‘Secretary’’ may not find that the termination was for means the Secretary of Homeland Security. States; or (III) is convicted of a single misdemeanor just cause unless the employer so dem- (5) TEMPORARY.—A worker is employed on onstrates by a preponderance of the evi- a ‘‘temporary’’ basis where the employment for which the actual sentence served is 6 months or longer. dence. If the arbitrator finds that the termi- is intended not to exceed 10 months. nation was not for just cause, the arbitrator (5) RECORD OF EMPLOYMENT.— (6) UNITED STATES WORKER.—The term shall make a specific finding of the number (A) IN GENERAL.—Each employer of a work- ‘‘United States worker’’ means any worker, of days or hours of work lost by the em- whether a United States citizen or national, er granted status under this subsection shall annually— ployee as a result of the termination. The ar- a lawfully admitted permanent resident bitrator shall have no authority to order any alien, or any other alien, who is authorized (i) provide a written record of employment to the alien; and other remedy, including, but not limited to, to work in the job opportunity within the reinstatement, back pay, or front pay to the United States, except an alien admitted or (ii) provide a copy of such record to the Secretary. affected employee. Within 30 days from the otherwise provided status under section conclusion of the arbitration proceeding, the 101(a)(15)(H)(ii)(a) of the Immigration and (B) SUNSET.—The obligation under subparagraph (A) shall terminate on the date arbitrator shall transmit the findings in the Nationality Act (8 U.S.C. form of a written opinion to the parties to 1101(a)(15)(H)(ii)(a)). that is 6 years after the date of enactment of this Act. the arbitration and the Secretary. Such find- (7) WORK DAY.—The term ‘‘work day’’ (b) RIGHTS OF ALIENS GRANTED TEMPORARY ings shall be final and conclusive, and no of- means any day in which the individual is em- RESIDENT STATUS.— ficial or court of the United States shall ployed 1 or more hours in agriculture con- (1) IN GENERAL.—Except as otherwise pro- have the power or jurisdiction to review any sistent with the definition of ‘‘man-day’’ vided in this subsection, an alien who ac- such findings. under section 3(u) of the Fair Labor Stand- quires the status of an alien lawfully admit- (iv) EFFECT OF ARBITRATION FINDINGS.—If ards Act of 1938 (29 U.S.C. 203(u)). ted for temporary residence under subsection the Secretary receives a finding of an arbi- Subtitle A—Adjustment to Lawful Status (a), such status not having changed, shall be trator that an employer has terminated an SEC. 711. AGRICULTURAL WORKERS. considered to be an alien lawfully admitted alien granted temporary resident status (a) TEMPORARY RESIDENT STATUS.— for permanent residence for purposes of any under subsection (a) without just cause, the (1) IN GENERAL.—Notwithstanding any law other than any provision of the Immi- Secretary shall credit the alien for the num- other provision of law, the Secretary shall gration and Nationality Act (8 U.S.C. 1101 et ber of days or hours of work lost for purposes confer upon an alien who qualifies under this seq.). of the requirement of subsection (c)(1). subsection the status of an alien lawfully ad- (2) DELAYED ELIGIBILITY FOR CERTAIN FED- (v) TREATMENT OF ATTORNEY’S FEES.—The mitted for temporary residence if the Sec- ERAL PUBLIC BENEFITS.—An alien who ac- parties shall bear the cost of their own attor- retary determines that the alien— quires the status of an alien lawfully admit- ney’s fees involved in the litigation of the (A) has performed agricultural employ- ted for temporary residence under subsection complaint. ment in the United States for at least 575 (a) as described in paragraph (1) shall not be (vi) NONEXCLUSIVE REMEDY.—The com- hours or 100 work days, whichever is less, eligible, by reason of such acquisition of that plaint process provided for in this subpara- during any 12 consecutive months during the status, for any form of assistance or benefit graph is in addition to any other rights an 18-month period ending on December 31, 2004; described in section 403(a) of the Personal employee may have in accordance with ap- (B) applied for such status during the 18- Responsibility and Work Opportunity Rec- plicable law. month application period beginning on the onciliation Act of 1996 (8 U.S.C. 1613(a)) until (vii) EFFECT ON OTHER ACTIONS OR PRO- first day of the seventh month that begins 5 years after the date on which the Secretary CEEDINGS.—Any finding of fact or law, judg- after the date of enactment of this Act; and confers permanent resident status upon that ment, conclusion, or final order made by an (C) is otherwise admissible to the United alien under subsection (a). arbitrator in the proceeding before the Sec- States under section 212 of the Immigration (3) TERMS OF EMPLOYMENT RESPECTING retary shall not be conclusive or binding in and Nationality Act (8 U.S.C. 1182), except as ALIENS ADMITTED UNDER THIS SECTION.— any separate or subsequent action or pro- otherwise provided under subsection (e)(2). (A) PROHIBITION.—No alien granted tem- ceeding between the employee and the em- (2) AUTHORIZED TRAVEL.—During the period porary resident status under subsection (a) ployee’s current or prior employer brought an alien is in lawful temporary resident sta- may be terminated from employment by any before an arbitrator, administrative agency, tus granted under this subsection, the alien employer during the period of temporary court, or judge of any State or the United has the right to travel abroad (including resident status except for just cause. States, regardless of whether the prior ac- commutation from a residence abroad) in the (B) TREATMENT OF COMPLAINTS.— tion was between the same or related parties same manner as an alien lawfully admitted (i) ESTABLISHMENT OF PROCESS.—The Sec- or involved the same facts, except that the for permanent residence. retary shall establish a process for the re- arbitrator’s specific finding of the number of (3) AUTHORIZED EMPLOYMENT.—During the ceipt, initial review, and disposition in ac- days or hours of work lost by the employee period an alien is in lawful temporary resi- cordance with this subparagraph of com- as a result of the employment termination dent status granted under this subsection, plaints by aliens granted temporary resident may be referred to the Secretary pursuant to the alien shall be provided an ‘‘employment status under subsection (a) who allege that clause (iv). authorized’’ endorsement or other appro- they have been terminated without just (C) CIVIL PENALTIES.— priate work permit, in the same manner as cause. No proceeding shall be conducted (i) IN GENERAL.—If the Secretary finds, an alien lawfully admitted for permanent under this subparagraph with respect to a after notice and opportunity for a hearing, residence. termination unless the Secretary determines that an employer of an alien granted tem- (4) TERMINATION OF TEMPORARY RESIDENT that the complaint was filed not later than 6 porary resident status under subsection (a) STATUS.— months after the date of the termination. has failed to provide the record of employ- (A) IN GENERAL.—During the period of tem- (ii) INITIATION OF ARBITRATION.—If the Sec- ment required under subsection (a)(5) or has porary resident status granted an alien retary finds that a complaint has been filed provided a false statement of material fact

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3835 in such a record, the employer shall be sub- scribed in subparagraph (A)(iv), or who fails to any alien who presents a preliminary ap- ject to a civil money penalty in an amount to meet the other requirements of subpara- plication for such status under subsection (a) not to exceed $1,000 per violation. graph (A) by the end of the applicable period, at a designated port of entry on the southern (ii) LIMITATION.—The penalty applicable is deportable and may be removed under sec- land border of the United States. An alien under clause (i) for failure to provide records tion 240 of the Immigration and Nationality who does not enter through a port of entry is shall not apply unless the alien has provided Act (8 U.S.C. 1229a). The Secretary shall subject to deportation and removal as other- the employer with evidence of employment issue regulations establishing grounds to wise provided in this Act. authorization granted under this section. waive subparagraph (A)(iii) with respect to (ii) DEFINITION.—For purposes of clause (i), (c) ADJUSTMENT TO PERMANENT RESI- an alien who has completed at least 200 days the term ‘‘preliminary application’’ means a DENCE.— of the work requirement specified in such fully completed and signed application which (1) AGRICULTURAL WORKERS.— subparagraph in the event of a natural dis- contains specific information concerning the (A) IN GENERAL.—Except as provided in aster which substantially limits the avail- performance of qualifying employment in subparagraph (B), the Secretary shall adjust ability of agricultural employment or a per- the United States, together with the pay- the status of an alien granted lawful tem- sonal emergency that prevents compliance ment of the appropriate fee and the submis- porary resident status under subsection (a) with such subparagraph. sion of photographs and the documentary to that of an alien lawfully admitted for per- (2) SPOUSES AND MINOR CHILDREN.— evidence which the applicant intends to sub- manent residence if the Secretary deter- (A) IN GENERAL.—Notwithstanding any mit as proof of such employment. mines that the following requirements are other provision of law, the Secretary shall (iii) ELIGIBILITY.—An applicant under satisfied: confer the status of lawful permanent resi- clause (i) shall otherwise be admissible to (i) QUALIFYING EMPLOYMENT.—The alien dent on the spouse and minor child of an the United States under subsection (e)(2) and has performed at least 360 work days or 2,060 alien granted status under paragraph (1), in- shall establish to the satisfaction of the ex- hours, but in no case less than 2,060 hours, of cluding any individual who was a minor amining officer during an interview that the agricultural employment in the United child on the date such alien was granted applicant’s claim to eligibility for temporary States, during the 6-year period beginning temporary resident status, if the spouse or resident status is credible. after the date of enactment of this Act. minor child applies for such status, or if the (D) TRAVEL DOCUMENTATION.—The Sec- (ii) QUALIFYING YEARS.—The alien has per- principal alien includes the spouse or minor retary shall provide each alien granted sta- formed at least 75 work days or 430 hours, child in an application for adjustment of status under this section with a counterfeit-re- but in no case less than 430 hours, of agricul- tus to that of a lawful permanent resident. sistant document of authorization to enter tural employment in the United States in at (B) TREATMENT OF SPOUSES AND MINOR CHIL- or reenter the United States that meets the least 3 nonoverlapping periods of 12 consecu- DREN BEFORE ADJUSTMENT OF STATUS.—A requirements established by the Secretary. tive months during the 6-year period begin- spouse and minor child of an alien granted (2) DESIGNATION OF ENTITIES TO RECEIVE AP- ning after the date of enactment of this Act. temporary resident status under subsection PLICATIONS.— Qualifying periods under this clause may in- (a) may not be— (A) IN GENERAL.—For purposes of receiving clude nonconsecutive 12-month periods. (i) removed while such alien maintains applications under subsection (a), the Sec- (iii) QUALIFYING WORK IN FIRST 3 YEARS.— such status, except as provided in subpara- retary— The alien has performed at least 240 work graph (C); and (i) shall designate qualified farm labor or- days or 1,380 hours, but in no case less than (ii) granted authorization to engage in em- ganizations and associations of employers; 1,380 hours, of agricultural employment dur- ployment in the United States or be provided and ing the 3-year period beginning after the an ‘‘employment authorized’’ endorsement (ii) may designate such other persons as date of enactment of this Act. or other work permit, unless such employ- the Secretary determines are qualified and (iv) APPLICATION PERIOD.—The alien applies ment authorization is granted under another have substantial experience, demonstrate for adjustment of status not later than 7 provision of law. competence, and have traditional long-term years after the date of enactment of this (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF involvement in the preparation and submis- Act. STATUS AND REMOVAL.—The Secretary may sion of applications for adjustment of status (v) PROOF.—In meeting the requirements of deny an alien spouse or child adjustment of under section 209, 210, or 245 of the Immigra- clauses (i), (ii), and (iii), an alien may submit status under subparagraph (A) and may re- tion and Nationality Act, Public Law 89–732, the record of employment described in sub- move such spouse or child under section 240 Public Law 95–145, or the Immigration Re- section (a)(5) or such documentation as may of the Immigration and Nationality Act (8 form and Control Act of 1986. be submitted under subsection (d)(3). U.S.C. 1229a) if the spouse or child— (B) REFERENCES.—Organizations, associa- (vi) DISABILITY.—In determining whether (i) commits an act that makes the alien tions, and persons designated under subpara- an alien has met the requirements of clauses spouse or child inadmissible to the United graph (A) are referred to in this Act as (i), (ii), and (iii), the Secretary shall credit States under section 212 of such Act (8 U.S.C. ‘‘qualified designated entities’’. the alien with any work days lost because 1182), except as provided under subsection (3) PROOF OF ELIGIBILITY.— the alien was unable to work in agricultural (e)(2); (A) IN GENERAL.—An alien may establish employment due to injury or disease arising (ii) is convicted of a felony or 3 or more that the alien meets the requirement of sub- out of and in the course of the alien’s agri- misdemeanors committed in the United section (a)(1)(A) or (c)(1)(A) through govern- cultural employment, if the alien can estab- States; or ment employment records or records sup- lish such disabling injury or disease through (iii) is convicted of a single misdemeanor plied by employers or collective bargaining medical records. for which the actual sentence served is 6 organizations, and other reliable documenta- (B) GROUNDS FOR DENIAL OF ADJUSTMENT OF months or longer. tion as the alien may provide. The Secretary STATUS.—The Secretary may deny an alien (d) APPLICATIONS.— shall establish special procedures to properly adjustment to permanent resident status, (1) TO WHOM MAY BE MADE.— credit work in cases in which an alien was and provide for termination of the tem- (A) WITHIN THE UNITED STATES.—The Sec- employed under an assumed name. porary resident status granted such alien retary shall provide that— (B) DOCUMENTATION OF WORK HISTORY.— under subsection (a), if— (i) applications for temporary resident sta- (i) BURDEN OF PROOF.—An alien applying (i) the Secretary finds by a preponderance tus under subsection (a) may be filed— for status under subsection (a)(1) or (c)(1) has of the evidence that the adjustment to tem- (I) with the Secretary, but only if the ap- the burden of proving by a preponderance of porary resident status was the result of fraud plicant is represented by an attorney; or the evidence that the alien has worked the or willful misrepresentation, as described in (II) with a qualified designated entity (des- requisite number of hours or days (as re- section 212(a)(6)(C)(i) of the Immigration and ignated under paragraph (2)), but only if the quired under subsection (a)(1)(A) or Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or applicant consents to the forwarding of the (c)(1)(A)). (ii) the alien— application to the Secretary; and (ii) TIMELY PRODUCTION OF RECORDS.—If an (I) commits an act that makes the alien in- (ii) applications for adjustment of status employer or farm labor contractor employ- admissible to the United States under sec- under subsection (c) shall be filed directly ing such an alien has kept proper and ade- tion 212 of the Immigration and Nationality with the Secretary. quate records respecting such employment, Act (8 U.S.C. 1182), except as provided under (B) OUTSIDE THE UNITED STATES.—The Sec- the alien’s burden of proof under clause (i) subsection (e)(2); retary, in cooperation with the Secretary of may be met by securing timely production of (II) is convicted of a felony or 3 or more State, shall establish a procedure whereby those records under regulations to be pro- misdemeanors committed in the United an alien may apply for temporary resident mulgated by the Secretary. States; or status under subsection (a) at an appropriate (iii) SUFFICIENT EVIDENCE.—An alien can (III) is convicted of a single misdemeanor consular office outside the United States. meet the burden of proof under clause (i) to for which the actual sentence served is 6 (C) PRELIMINARY APPLICATIONS.— establish that the alien has performed the months or longer. (i) IN GENERAL.—During the application pe- work described in subsection (a)(1)(A) or (C) GROUNDS FOR REMOVAL.—Any alien riod described in subsection (a)(1)(B), the (c)(1)(A) by producing sufficient evidence to granted temporary resident status under Secretary may grant admission to the show the extent of that employment as a subsection (a) who does not apply for adjust- United States as a temporary resident and matter of just and reasonable inference. ment of status under this subsection before provide an ‘‘employment authorized’’ en- (4) TREATMENT OF APPLICATIONS BY QUALI- the expiration of the application period de- dorsement or other appropriate work permit FIED DESIGNATED ENTITIES.—Each qualified

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No such entity document for use in making such an applica- status under this section by reason of a may make a determination required by this tion, ground of inadmissibility under section section to be made by the Secretary. Upon shall be fined in accordance with title 18, 212(a)(4) of the Immigration and Nationality the request of the alien, a qualified des- United States Code, imprisoned not more Act (8 U.S.C. 1182(a)(4)) if the alien dem- ignated entity shall assist the alien in ob- than 5 years, or both. onstrates a history of employment in the taining documentation of the work history (B) INADMISSIBILITY.—An alien who is con- United States evidencing self-support with- of the alien. victed of a crime under subparagraph (A) out reliance on public cash assistance. (5) LIMITATION ON ACCESS TO INFORMATION.— shall be considered to be inadmissible to the (f) TEMPORARY STAY OF REMOVAL AND Files and records prepared for purposes of United States on the ground described in sec- WORK AUTHORIZATION FOR CERTAIN APPLI- this subsection by qualified designated enti- tion 212(a)(6)(C)(i) of the Immigration and CANTS.— ties operating under this subsection are con- Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). (1) BEFORE APPLICATION PERIOD.—Effective fidential and the Secretary shall not have (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec- on the date of enactment of this Act, the access to such files or records relating to an tion 504(a)(11) of Public Law 104–134 (110 Stat. Secretary shall provide that, in the case of alien without the consent of the alien, ex- 1321–53 et seq.) shall not be construed to pre- an alien who is apprehended before the be- cept as allowed by a court order issued pur- vent a recipient of funds under the Legal ginning of the application period described suant to paragraph (6). Services Corporation Act (42 U.S.C. 2996 et in subsection (a)(1)(B) and who can establish (6) CONFIDENTIALITY OF INFORMATION.— seq.) from providing legal assistance directly a nonfrivolous case of eligibility for tem- (A) IN GENERAL.—Except as otherwise pro- related to an application for adjustment of porary resident status under subsection (a) vided in this subsection, neither the Sec- status under this section. (but for the fact that the alien may not retary, nor any other official or employee of (9) APPLICATION FEES.— apply for such status until the beginning of the Department of Homeland Security, or (A) FEE SCHEDULE.—The Secretary shall such period), until the alien has had the op- bureau or agency thereof, may— provide for a schedule of fees that— portunity during the first 30 days of the ap- (i) use the information furnished by the ap- (i) shall be charged for the filing of appli- plication period to complete the filing of an plicant pursuant to an application filed cations for status under subsections (a) and application for temporary resident status, under this section, the information provided (c); and the alien— to the applicant by a person designated (ii) may be charged by qualified designated (A) may not be removed; and under paragraph (2)(A), or any information entities to help defray the costs of services (B) shall be granted authorization to en- provided by an employer or former employer, provided to such applicants. gage in employment in the United States for any purpose other than to make a deter- (B) PROHIBITION ON EXCESS FEES BY QUALI- and be provided an ‘‘employment author- mination on the application, or for enforce- FIED DESIGNATED ENTITIES.—A qualified des- ized’’ endorsement or other appropriate work ment of paragraph (7); ignated entity may not charge any fee in ex- permit for such purpose. (ii) make any publication whereby the in- cess of, or in addition to, the fees authorized (2) DURING APPLICATION PERIOD.—The Sec- formation furnished by any particular indi- under subparagraph (A)(ii) for services pro- retary shall provide that, in the case of an vidual can be identified; or vided to applicants. alien who presents a nonfrivolous applica- (iii) permit anyone other than the sworn (C) DISPOSITION OF FEES.— tion for temporary resident status under officers and employees of the Department of (i) IN GENERAL.—There is established in the subsection (a) during the application period Homeland Security, or bureau or agency general fund of the Treasury a separate ac- described in subsection (a)(1)(B), including thereof, or, with respect to applications filed count, which shall be known as the ‘‘Agricul- an alien who files such an application within with a qualified designated entity, that tural Worker Immigration Status Adjust- 30 days of the alien’s apprehension, and until qualified designated entity, to examine indi- ment Account’’. Notwithstanding any other a final determination on the application has vidual applications. provision of law, there shall be deposited as been made in accordance with this section, (B) REQUIRED DISCLOSURES.—The Secretary offsetting receipts into the account all fees the alien— shall provide the information furnished collected under subparagraph (A)(i). (A) may not be removed; and under this section, or any other information (ii) USE OF FEES FOR APPLICATION PROC- (B) shall be granted authorization to en- derived from such furnished information, ESSING.—Amounts deposited in the ‘‘Agricul- gage in employment in the United States to— tural Worker Immigration Status Adjust- and be provided an ‘‘employment author- (i) a duly recognized law enforcement enti- ment Account’’ shall remain available to the ized’’ endorsement or other appropriate work ty in connection with a criminal investiga- Secretary until expended for processing ap- permit for such purpose. tion or prosecution, if such information is plications for status under subsections (a) (g) ADMINISTRATIVE AND JUDICIAL RE- requested in writing by such entity; or and (c). VIEW.— (ii) an official coroner, for purposes of af- (e) WAIVER OF NUMERICAL LIMITATIONS AND (1) IN GENERAL.—There shall be no adminis- firmatively identifying a deceased indi- CERTAIN GROUNDS FOR INADMISSIBILITY.— trative or judicial review of a determination vidual, whether or not the death of such in- (1) NUMERICAL LIMITATIONS DO NOT APPLY.— respecting an application for status under dividual resulted from a crime. The numerical limitations of sections 201 subsection (a) or (c) except in accordance (C) CONSTRUCTION.— and 202 of the Immigration and Nationality with this subsection. (i) IN GENERAL.—Nothing in this paragraph Act (8 U.S.C. 1151 and 1152) shall not apply to (2) ADMINISTRATIVE REVIEW.— shall be construed to limit the use, or re- the adjustment of aliens to lawful permanent (A) SINGLE LEVEL OF ADMINISTRATIVE AP- lease, for immigration enforcement purposes resident status under this section. PELLATE REVIEW.—The Secretary shall estab- or law enforcement purposes of information (2) WAIVER OF CERTAIN GROUNDS OF INADMIS- lish an appellate authority to provide for a contained in files or records of the Depart- SIBILITY.—In the determination of an alien’s single level of administrative appellate re- ment of Homeland Security pertaining to an eligibility for status under subsection view of such a determination. application filed under this section, other (a)(1)(C) or an alien’s eligibility for adjust- (B) STANDARD FOR REVIEW.—Such adminis- than information furnished by an applicant ment of status under subsection trative appellate review shall be based solely pursuant to the application, or any other in- (c)(1)(B)(ii)(I), the following rules shall upon the administrative record established formation derived from the application, that apply: at the time of the determination on the ap- is not available from any other source. (A) GROUNDS OF EXCLUSION NOT APPLICA- plication and upon such additional or newly (ii) CRIMINAL CONVICTIONS.—Information BLE.—The provisions of paragraphs (5), discovered evidence as may not have been concerning whether the applicant has at any (6)(A), (7)(A), and (9)(B) of section 212(a) of available at the time of the determination. time been convicted of a crime may be used the Immigration and Nationality Act (8 (3) JUDICIAL REVIEW.— or released for immigration enforcement or U.S.C. 1182(a)) shall not apply. (A) LIMITATION TO REVIEW OF REMOVAL.— law enforcement purposes. (B) WAIVER OF OTHER GROUNDS.— There shall be judicial review of such a de- (D) CRIME.—Any person who knowingly (i) IN GENERAL.—Except as provided in termination only in the judicial review of an uses, publishes, or permits information to be clause (ii), the Secretary may waive any order of removal under section 242 of the Im- examined in violation of this paragraph shall other provision of such section 212(a) in the migration and Nationality Act (8 U.S.C. be subject to a fine in an amount not to ex- case of individual aliens for humanitarian 1252). ceed $10,000. purposes, to ensure family unity, or if other- (B) STANDARD FOR JUDICIAL REVIEW.—Such (7) PENALTIES FOR FALSE STATEMENTS IN AP- wise in the public interest. judicial review shall be based solely upon the PLICATIONS.— (ii) GROUNDS THAT MAY NOT BE WAIVED.— administrative record established at the (A) CRIMINAL PENALTY.—Any person who— Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of time of the review by the appellate authority (i) files an application for status under sub- such section 212(a) may not be waived by the and the findings of fact and determinations section (a) or (c) and knowingly and willfully Secretary under clause (i). contained in such record shall be conclusive falsifies, conceals, or covers up a material (iii) CONSTRUCTION.—Nothing in this sub- unless the applicant can establish abuse of fact or makes any false, fictitious, or fraudu- paragraph shall be construed as affecting the discretion or that the findings are directly

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contrary to clear and convincing facts con- ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- riod of employment and for a period of 30 tained in the record considered as a whole. TIVE BARGAINING AGREEMENTS.—With respect days preceding the period of employment, (h) DISSEMINATION OF INFORMATION ON AD- to a job opportunity that is covered under a the other employer has displaced or intends JUSTMENT PROGRAM.—Beginning not later collective bargaining agreement: to displace a United States worker employed than the first day of the application period ‘‘(A) UNION CONTRACT DESCRIBED.—The job by the other employer in the occupation at described in subsection (a)(1)(B), the Sec- opportunity is covered by a union contract the place of employment for which the em- retary, in cooperation with qualified des- which was negotiated at arm’s length be- ployer seeks approval to employ H–2A work- ignated entities, shall broadly disseminate tween a bona fide union and the employer. ers. information respecting the benefits that ‘‘(B) STRIKE OR LOCKOUT.—The specific job ‘‘(F) STATEMENT OF LIABILITY.—The appli- aliens may receive under this section and the opportunity for which the employer is re- cation form shall include a clear statement requirements to be satisfied to obtain such questing an H–2A worker is not vacant be- explaining the liability under subparagraph benefits. cause the former occupant is on strike or (E) of an employer if the other employer de- (i) REGULATIONS.—The Secretary shall being locked out in the course of a labor dis- scribed in such subparagraph displaces a issue regulations to implement this section pute. United States worker as described in such not later than the first day of the seventh ‘‘(C) NOTIFICATION OF BARGAINING REP- subparagraph. month that begins after the date of enact- RESENTATIVES.—The employer, at the time of ‘‘(G) PROVISION OF INSURANCE.—If the job ment of this Act. filing the application, has provided notice of opportunity is not covered by the State (j) EFFECTIVE DATE.—This section shall the filing under this paragraph to the bar- workers’ compensation law, the employer take effect on the date that regulations are gaining representative of the employer’s em- will provide, at no cost to the worker, insur- issued implementing this section on an in- ployees in the occupational classification at ance covering injury and disease arising out terim or other basis. the place or places of employment for which of and in the course of the worker’s employ- (k) AUTHORIZATION OF APPROPRIATIONS.— aliens are sought. ment which will provide benefits at least There are authorized to be appropriated to ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- equal to those provided under the State’s the Secretary to carry out this section TUNITIES.—The job opportunity is temporary workers’ compensation law for comparable $40,000,000 for each of fiscal years 2006 or seasonal. employment. through 2009. ‘‘(E) OFFERS TO UNITED STATES WORKERS.— ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- SEC. 712. CORRECTION OF SOCIAL SECURITY The employer has offered or will offer the job ERS.— RECORDS. to any eligible United States worker who ap- ‘‘(i) RECRUITMENT.—The employer has (a) IN GENERAL.—Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) is plies and is equally or better qualified for taken or will take the following steps to re- amended— the job for which the nonimmigrant is, or cruit United States workers for the job op- the nonimmigrants are, sought and who will portunities for which the H–2A non- (1) in subparagraph (B)(ii), by striking ‘‘or’’ be available at the time and place of need. immigrant is, or H–2A nonimmigrants are, at the end; ‘‘(F) PROVISION OF INSURANCE.—If the job sought: (2) in subparagraph (C), by inserting ‘‘or’’ opportunity is not covered by the State ‘‘(I) CONTACTING FORMER WORKERS.—The at the end; workers’ compensation law, the employer employer shall make reasonable efforts (3) by inserting after subparagraph (C) the will provide, at no cost to the worker, insur- through the sending of a letter by United following: ance covering injury and disease arising out States Postal Service mail, or otherwise, to ‘‘(D) who is granted status as a lawful tem- of, and in the course of, the worker’s employ- contact any United States worker the em- porary resident under the Agricultural Job ment which will provide benefits at least ployer employed during the previous season Opportunity, Benefits, and Security Act of equal to those provided under the State’s in the occupation at the place of intended 2005,’’; and workers’ compensation law for comparable employment for which the employer is ap- (4) by striking ‘‘1990.’’ and inserting ‘‘1990, employment. plying for workers and has made the avail- or in the case of an alien described in sub- ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY ability of the employer’s job opportunities in paragraph (D), if such conduct is alleged to COLLECTIVE BARGAINING AGREEMENTS.—With the occupation at the place of intended em- have occurred before the date on which the respect to a job opportunity that is not cov- ployment known to such previous workers, alien was granted lawful temporary resident ered under a collective bargaining agree- unless the worker was terminated from em- status.’’. ment: ployment by the employer for a lawful job- (b) EFFECTIVE DATE.—The amendments ‘‘(A) STRIKE OR LOCKOUT.—The specific job related reason or abandoned the job before made by subsection (a) shall take effect on opportunity for which the employer is re- the worker completed the period of employ- the first day of the seventh month that be- questing an H–2A worker is not vacant be- ment of the job opportunity for which the gins after the date of enactment of this Act. cause the former occupant is on strike or worker was hired. Subtitle B—Reform of H–2A Worker Program being locked out in the course of a labor dis- ‘‘(II) FILING A JOB OFFER WITH THE LOCAL SEC. 721. AMENDMENT TO THE IMMIGRATION pute. OFFICE OF THE STATE EMPLOYMENT SECURITY AND NATIONALITY ACT. ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- AGENCY.—Not later than 28 days before the (a) IN GENERAL.—The Immigration and Na- NITIES.—The job opportunity is temporary or date on which the employer desires to em- tionality Act is amended by striking section seasonal. ploy an H–2A worker in a temporary or sea- 218 (8 U.S.C. 1188) and inserting the fol- ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- sonal agricultural job opportunity, the em- lowing: TIONS.—The employer will provide, at a min- ployer shall submit a copy of the job offer ‘‘H–2A EMPLOYER APPLICATIONS imum, the benefits, wages, and working con- described in subsection (a)(2) to the local of- ‘‘SEC. 218. (a) APPLICATIONS TO THE SEC- ditions required by section 218A to all work- fice of the State employment security agen- RETARY OF LABOR.— ers employed in the job opportunities for cy which serves the area of intended employ- ‘‘(1) IN GENERAL.—No alien may be admit- which the employer has applied under sub- ment and authorize the posting of the job op- ted to the United States as an H–2A worker, section (a) and to all other workers in the portunity on ‘America’s Job Bank’ or other or otherwise provided status as an H–2A same occupation at the place of employ- electronic job registry, except that nothing worker, unless the employer has filed with ment. in this subclause shall require the employer the Secretary of Labor an application con- ‘‘(D) NONDISPLACEMENT OF UNITED STATES to file an interstate job order under section taining— WORKERS.—The employer did not displace 653 of title 20, Code of Federal Regulations. ‘‘(A) the assurances described in subsection and will not displace a United States worker ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— (b); employed by the employer during the period Not later than 14 days before the date on ‘‘(B) a description of the nature and loca- of employment and for a period of 30 days which the employer desires to employ an H– tion of the work to be performed; preceding the period of employment in the 2A worker in a temporary or seasonal agri- ‘‘(C) the anticipated period (expected be- occupation at the place of employment for cultural job opportunity, the employer shall ginning and ending dates) for which the which the employer seeks approval to em- advertise the availability of the job opportu- workers will be needed; and ploy H–2A workers. nities for which the employer is seeking ‘‘(D) the number of job opportunities in ‘‘(E) REQUIREMENTS FOR PLACEMENT OF NON- workers in a publication in the local labor which the employer seeks to employ the IMMIGRANT WITH OTHER EMPLOYERS.—The em- market that is likely to be patronized by po- workers. ployer will not place the nonimmigrant with tential farm workers. ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- another employer unless— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- plication filed under paragraph (1) shall be ‘‘(i) the nonimmigrant performs duties in retary of Labor shall, by regulation, provide accompanied by a copy of the job offer de- whole or in part at 1 or more work sites a procedure for acceptance and approval of scribing the wages and other terms and con- owned, operated, or controlled by such other applications in which the employer has not ditions of employment and the bona fide oc- employer; complied with the provisions of this subpara- cupational qualifications that shall be pos- ‘‘(ii) there are indicia of an employment graph because the employer’s need for H–2A sessed by a worker to be employed in the job relationship between the nonimmigrant and workers could not reasonably have been fore- opportunity in question. such other employer; and seen. ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(iii) the employer has inquired of the ‘‘(ii) JOB OFFERS.—The employer has of- CATIONS.—The assurances referred to in sub- other employer as to whether, and has no ac- fered or will offer the job to any eligible section (a)(1) are the following: tual knowledge or notice that, during the pe- United States worker who applies and is

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3838 CONGRESSIONAL RECORD — SENATE April 18, 2005 equally or better qualified for the job for application is withdrawn, is relieved of the meets applicable Federal standards for tem- which the nonimmigrant is, or non- obligations undertaken in the application. porary labor camps or secure housing that immigrants are, sought and who will be ‘‘(2) LIMITATION.—An application may not meets applicable local standards for rental available at the time and place of need. be withdrawn while any alien provided sta- or public accommodation housing or other ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- tus under section 101(a)(15)(H)(ii)(a) pursuant substantially similar class of habitation, or ployer will provide employment to any to such application is employed by the em- in the absence of applicable local standards, qualified United States worker who applies ployer. State standards for rental or public accom- to the employer during the period beginning ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— modation housing or other substantially on the date on which the foreign worker de- Any obligation incurred by an employer similar class of habitation. In the absence of parts for the employer’s place of employ- under any other law or regulation as a result applicable local or State standards, Federal ment and ending on the date on which 50 per- of the recruitment of United States workers temporary labor camp standards shall apply. cent of the period of employment for which or H–2A workers under an offer of terms and ‘‘(C) FAMILY HOUSING.—When it is the pre- the foreign worker who is in the job was conditions of employment required as a re- vailing practice in the occupation and area hired has elapsed, subject to the following sult of making an application under sub- of intended employment to provide family requirements: section (a) is unaffected by withdrawal of housing, family housing shall be provided to ‘‘(I) PROHIBITION.—No person or entity such application. workers with families who request it. shall willfully and knowingly withhold ‘‘(e) REVIEW AND APPROVAL OF APPLICA- ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- United States workers before the arrival of TIONS.— DUCTION OF LIVESTOCK.—The Secretary of H–2A workers in order to force the hiring of ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The Labor shall issue regulations that address United States workers under this clause. employer shall make available for public ex- the specific requirements for the provision of ‘‘(II) COMPLAINTS.—Upon receipt of a com- amination, within 1 working day after the housing to workers engaged in the range pro- plaint by an employer that a violation of date on which an application under sub- duction of livestock. subclause (I) has occurred, the Secretary of section (a) is filed, at the employer’s prin- ‘‘(E) LIMITATION.—Nothing in this para- Labor shall immediately investigate. The cipal place of business or work site, a copy of graph shall be construed to require an em- Secretary of Labor shall, within 36 hours of each such application (and such accom- ployer to provide or secure housing for per- the receipt of the complaint, issue findings panying documents as are necessary). sons who were not entitled to such housing concerning the alleged violation. If the Sec- ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF under the temporary labor certification reg- retary of Labor finds that a violation has oc- LABOR.— ulations in effect on June 1, 1986. curred, the Secretary of Labor shall imme- ‘‘(A) COMPILATION OF LIST.—The Secretary ‘‘(F) CHARGES FOR HOUSING.— diately suspend the application of this clause of Labor shall compile, on a current basis, a ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- with respect to that certification for that list (by employer and by occupational classi- lic housing provided for migrant agricultural date of need. fication) of the applications filed under this workers under the auspices of a local, county, or State government is secured by an em- ‘‘(III) PLACEMENT OF UNITED STATES WORK- subsection. Such list shall include the wage ployer, and use of the public housing unit ERS.—Before referring a United States work- rate, number of workers sought, period of in- er to an employer during the period de- tended employment, and date of need. The normally requires charges from migrant scribed in the matter preceding subclause (I), Secretary of Labor shall make such list workers, such charges shall be paid by the employer directly to the appropriate indi- the Secretary of Labor shall make all rea- available for examination in the District of vidual or entity affiliated with the housing’s sonable efforts to place the United States Columbia. management. worker in an open job acceptable to the ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- ‘‘(ii) DEPOSIT CHARGES.—Charges in the worker, if there are other job offers pending retary of Labor shall review such an applica- form of deposits for bedding or other similar with the job service that offer similar job option only for completeness and obvious inac- incidentals related to housing shall not be portunities in the area of intended employ- curacies. Unless the Secretary of Labor finds levied upon workers by employers who pro- ment. that the application is incomplete or obvi- vide housing for their workers. An employer ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing ously inaccurate, the Secretary of Labor may require a worker found to have been re- in this subparagraph shall be construed to shall certify that the intending employer has sponsible for damage to such housing which filed with the Secretary of Labor an applica- prohibit an employer from using such legiti- is not the result of normal wear and tear re- tion as described in subsection (a). Such cer- mate selection criteria relevant to the type lated to habitation to reimburse the em- tification shall be provided within 7 days of of job that are normal or customary to the ployer for the reasonable cost of repair of the filing of the application. type of job involved so long as such criteria such damage. are not applied in a discriminatory manner. ‘‘H–2A EMPLOYMENT REQUIREMENTS ‘‘(G) HOUSING ALLOWANCE AS ALTER- ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- ‘‘SEC. 218A. (a) PREFERENTIAL TREATMENT NATIVE.— HALF OF EMPLOYER MEMBERS.— OF ALIENS PROHIBITED.—Employers seeking ‘‘(i) IN GENERAL.—If the requirement under ‘‘(1) IN GENERAL.—An agricultural associa- to hire United States workers shall offer the clause (ii) is satisfied, the employer may pro- tion may file an application under sub- United States workers no less than the same vide a reasonable housing allowance instead section (a) on behalf of 1 or more of its em- benefits, wages, and working conditions that of offering housing under subparagraph (A). ployer members that the association cer- the employer is offering, intends to offer, or Upon the request of a worker seeking assist- tifies in its application has or have agreed in will provide to H–2A workers. Conversely, no ance in locating housing, the employer shall writing to comply with the requirements of job offer may impose on United States work- make a good faith effort to assist the worker this section and sections 218A through 218C. ers any restrictions or obligations which will in identifying and locating housing in the ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS not be imposed on the employer’s H–2A area of intended employment. An employer EMPLOYERS.—If an association filing an ap- workers. who offers a housing allowance to a worker, plication under paragraph (1) is a joint or ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- or assists a worker in locating housing which sole employer of the temporary or seasonal ING CONDITIONS.—Except in cases where high- the worker occupies, pursuant to this clause agricultural workers requested on the appli- er benefits, wages, or working conditions are shall not be deemed a housing provider under cation, the certifications granted under sub- required by the provisions of subsection (a), section 203 of the Migrant and Seasonal Agri- section (e)(2)(B) to the association may be in order to protect similarly employed cultural Worker Protection Act (29 U.S.C. used for the certified job opportunities of United States workers from adverse effects 1823) solely by virtue of providing such hous- any of its producer members named on the with respect to benefits, wages, and working ing allowance. No housing allowance may be application, and such workers may be trans- conditions, every job offer which shall ac- used for housing which is owned or conferred among such producer members to per- company an application under section trolled by the employer. form the agricultural services of a tem- 218(b)(2) shall include each of the following ‘‘(ii) CERTIFICATION.—The requirement of porary or seasonal nature for which the cer- benefit, wage, and working condition provi- this clause is satisfied if the Governor of the tifications were granted. sions: State certifies to the Secretary of Labor ‘‘(d) WITHDRAWAL OF APPLICATIONS.— ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A that there is adequate housing available in ‘‘(1) IN GENERAL.—An employer may with- HOUSING ALLOWANCE.— the area of intended employment for mi- draw an application filed pursuant to sub- ‘‘(A) IN GENERAL.—An employer applying grant farm workers, and H–2A workers, who section (a), except that if the employer is an under section 218(a) for H–2A workers shall are seeking temporary housing while em- agricultural association, the association offer to provide housing at no cost to all ployed at farm work. Such certification shall may withdraw an application filed pursuant workers in job opportunities for which the expire after 3 years unless renewed by the to subsection (a) with respect to 1 or more of employer has applied under that section and Governor of the State. its members. To withdraw an application, to all other workers in the same occupation ‘‘(iii) AMOUNT OF ALLOWANCE.— the employer or association shall notify the at the place of employment, whose place of ‘‘(I) NONMETROPOLITAN COUNTIES.—If the Secretary of Labor in writing, and the Sec- residence is beyond normal commuting displace of employment of the workers provided retary of Labor shall acknowledge in writing tance. an allowance under this subparagraph is a the receipt of such withdrawal notice. An ‘‘(B) TYPE OF HOUSING.—In complying with nonmetropolitan county, the amount of the employer who withdraws an application subparagraph (A), an employer may, at the housing allowance under this subparagraph under subsection (a), or on whose behalf an employer’s election, provide housing that shall be equal to the statewide average fair

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3839 market rental for existing housing for non- for workers, not less (and is not required to Committee on the Judiciary of the House of metropolitan counties for the State, as es- pay more) than the greater of the prevailing Representatives, a report that addresses— tablished by the Secretary of Housing and wage in the occupation in the area of in- ‘‘(i) whether the employment of H–2A or Urban Development pursuant to section 8(c) tended employment or the adverse effect unauthorized aliens in the United States ag- of the United States Housing Act of 1937 (42 wage rate. No worker shall be paid less than ricultural work force has depressed United U.S.C. 1437f(c)), based on a 2 bedroom dwell- the greater of the hourly wage prescribed States farm worker wages below the levels ing unit and an assumption of 2 persons per under section 6(a)(1) of the Fair Labor Stand- that would otherwise have prevailed if alien bedroom. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- farm workers had not been employed in the ‘‘(II) METROPOLITAN COUNTIES.—If the place plicable State minimum wage. United States; of employment of the workers provided an ‘‘(B) LIMITATION.—Effective on the date of ‘‘(ii) whether an adverse effect wage rate is allowance under this paragraph is in a met- enactment of the Agricultural Job Oppor- necessary to prevent wages of United States ropolitan county, the amount of the housing tunity, Benefits, and Security Act of 2005 and farm workers in occupations in which H–2A allowance under this subparagraph shall be continuing for 3 years thereafter, no adverse workers are employed from falling below the equal to the statewide average fair market effect wage rate for a State may be more wage levels that would have prevailed in the rental for existing housing for metropolitan than the adverse effect wage rate for that absence of the employment of H–2A workers counties for the State, as established by the State in effect on January 1, 2003, as estab- in those occupations; Secretary of Housing and Urban Develop- lished by section 655.107 of title 20, Code of ‘‘(iii) whether alternative wage standards, ment pursuant to section 8(c) of the United Federal Regulations. such as a prevailing wage standard, would be States Housing Act of 1937 (42 U.S.C. sufficient to prevent wages in occupations in ‘‘(C) REQUIRED WAGES AFTER 3-YEAR 1437f(c)), based on a 2-bedroom dwelling unit which H–2A workers are employed from fall- FREEZE.— and an assumption of 2 persons per bedroom. ing below the wage level that would have ‘‘(i) FIRST ADJUSTMENT.—If Congress does ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— prevailed in the absence of H–2A employ- not set a new wage standard applicable to ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker ment; this section before the first March 1 that is who completes 50 percent of the period of ‘‘(iv) whether any changes are warranted not less than 3 years after the date of enact- employment of the job opportunity for which in the current methodologies for calculating ment of this section, the adverse effect wage the worker was hired shall be reimbursed by the adverse effect wage rate and the pre- the employer for the cost of the worker’s rate for each State beginning on such March vailing wage; and transportation and subsistence from the 1 shall be the wage rate that would have re- ‘‘(v) recommendations for future wage pro- place from which the worker came to work sulted if the adverse effect wage rate in ef- tection under this section. fect on January 1, 2003, had been annually for the employer (or place of last employ- ‘‘(H) COMMISSION ON WAGE STANDARDS.— adjusted, beginning on March 1, 2006, by the ment, if the worker traveled from such ‘‘(i) ESTABLISHMENT.—There is established place) to the place of employment. lesser of— the Commission on Agricultural Wage ‘‘(B) FROM PLACE OF EMPLOYMENT.—A ‘‘(I) the 12 month percentage change in the Standards under the H–2A program (in this worker who completes the period of employ- Consumer Price Index for All Urban Con- subparagraph referred to as the ‘Commis- ment for the job opportunity involved shall sumers between December of the second pre- sion’). be reimbursed by the employer for the cost ceding year and December of the preceding ‘‘(ii) COMPOSITION.—The Commission shall of the worker’s transportation and subsist- year; and consist of 10 members as follows: ence from the place of employment to the ‘‘(II) 4 percent. ‘‘(I) 4 representatives of agricultural em- place from which the worker, disregarding ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— ployers and 1 representative of the Depart- intervening employment, came to work for Beginning on the first March 1 that is not ment of Agriculture, each appointed by the the employer, or to the place of next employ- less than 4 years after the date of enactment Secretary of Agriculture. ment, if the worker has contracted with a of this section, and each March 1 thereafter, ‘‘(II) 4 representatives of agricultural subsequent employer who has not agreed to the adverse effect wage rate then in effect workers and 1 representative of the Depart- provide or pay for the worker’s transpor- for each State shall be adjusted by the lesser ment of Labor, each appointed by the Sec- tation and subsistence to such subsequent of— retary of Labor. employer’s place of employment. ‘‘(I) the 12 month percentage change in the ‘‘(iii) FUNCTIONS.—The Commission shall ‘‘(C) LIMITATION.— Consumer Price Index for All Urban Con- conduct a study that shall address— ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except sumers between December of the second pre- ‘‘(I) whether the employment of H–2A or as provided in clause (ii), the amount of re- ceding year and December of the preceding unauthorized aliens in the United States ag- imbursement provided under subparagraph year; and ricultural workforce has depressed United (A) or (B) to a worker or alien shall not ex- ‘‘(II) 4 percent. States farm worker wages below the levels ceed the lesser of— ‘‘(D) DEDUCTIONS.—The employer shall that would otherwise have prevailed if alien ‘‘(I) the actual cost to the worker or alien make only those deductions from the work- farm workers had not been employed in the of the transportation and subsistence in- er’s wages that are authorized by law or are United States; volved; or reasonable and customary in the occupation ‘‘(II) whether an adverse effect wage rate is ‘‘(II) the most economical and reasonable and area of employment. The job offer shall necessary to prevent wages of United States common carrier transportation charges and specify all deductions not required by law farm workers in occupations in which H–2A subsistence costs for the distance involved. which the employer will make from the workers are employed from falling below the ‘‘(ii) DISTANCE TRAVELED.—No reimburse- worker’s wages. wage levels that would have prevailed in the ment under subparagraph (A) or (B) shall be ‘‘(E) FREQUENCY OF PAY.—The employer absence of the employment of H–2A workers required if the distance traveled is 100 miles shall pay the worker not less frequently than in those occupations; or less, or the worker is not residing in em- twice monthly, or in accordance with the ‘‘(III) whether alternative wage standards, ployer-provided housing or housing secured prevailing practice in the area of employ- such as a prevailing wage standard, would be through an allowance as provided in para- ment, whichever is more frequent. sufficient to prevent wages in occupations in graph (1)(G). ‘‘(F) HOURS AND EARNINGS STATEMENTS.— which H–2A workers are employed from fall- ‘‘(D) EARLY TERMINATION.—If the worker is The employer shall furnish to the worker, on ing below the wage level that would have laid off or employment is terminated for or before each payday, in 1 or more written prevailed in the absence of H–2A employ- contract impossibility (as described in para- statements— ment; graph (4)(D)) before the anticipated ending ‘‘(i) the worker’s total earnings for the pay ‘‘(IV) whether any changes are warranted date of employment, the employer shall pro- period; in the current methodologies for calculating vide the transportation and subsistence re- ‘‘(ii) the worker’s hourly rate of pay, piece the adverse effect wage rate and the pre- quired by subparagraph (B) and, notwith- rate of pay, or both; vailing wage rate; and standing whether the worker has completed ‘‘(iii) the hours of employment which have ‘‘(V) recommendations for future wage pro- 50 percent of the period of employment, shall been offered to the worker (broken out by tection under this section. provide the transportation reimbursement hours offered in accordance with and over ‘‘(iv) FINAL REPORT.—Not later than June required by subparagraph (A). and above the three-quarters guarantee de- 1, 2007, the Commission shall submit a report ‘‘(E) TRANSPORTATION BETWEEN LIVING scribed in paragraph (4); to the Congress setting forth the findings of QUARTERS AND WORK SITE.—The employer ‘‘(iv) the hours actually worked by the the study conducted under clause (iii). shall provide transportation between the worker; ‘‘(v) TERMINATION DATE.—The Commission worker’s living quarters and the employer’s ‘‘(v) an itemization of the deductions made shall terminate upon submitting its final re- work site without cost to the worker, and from the worker’s wages; and port. such transportation will be in accordance ‘‘(vi) if piece rates of pay are used, the ‘‘(4) GUARANTEE OF EMPLOYMENT.— with applicable laws and regulations. units produced daily. ‘‘(A) OFFER TO WORKER.—The employer ‘‘(3) REQUIRED WAGES.— ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not shall guarantee to offer the worker employ- ‘‘(A) IN GENERAL.—An employer applying later than June 1, 2007, the Comptroller Gen- ment for the hourly equivalent of at least for workers under section 218(a) shall offer to eral of the United States shall prepare and three-fourths of the work days of the total pay, and shall pay, all workers in the occu- transmit to the Secretary of Labor, the Com- period of employment, beginning with the pation for which the employer has applied mittee on the Judiciary of the Senate, and first work day after the arrival of the worker

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at the place of employment and ending on ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218B shall preclude the Secretary of the expiration date specified in the job offer. MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to For purposes of this subparagraph, the hour- apply to the transportation of an H–2A work- apply special procedures and requirements to ly equivalent means the number of hours in er on a tractor, combine, harvester, picker, the admission and employment of aliens in the work days as stated in the job offer and or other similar machinery or equipment occupations involving the range production shall exclude the worker’s Sabbath and Fed- while such worker is actually engaged in the of livestock. eral holidays. If the employer affords the planting, cultivating, or harvesting of agri- ‘‘PROCEDURE FOR ADMISSION AND EXTENSION OF United States or H–2A worker less employ- cultural commodities or the care of live- STAY OF H–2A WORKERS ment than that required under this para- stock or poultry or engaged in transpor- ‘‘SEC. 218B. (a) PETITIONING FOR ADMIS- graph, the employer shall pay such worker tation incidental thereto. SION.—An employer, or an association acting the amount which the worker would have ‘‘(v) COMMON CARRIERS EXCLUDED.—This as an agent or joint employer for its mem- earned had the worker, in fact, worked for subsection does not apply to common carrier bers, that seeks the admission into the the guaranteed number of hours. motor vehicle transportation in which the United States of an H–2A worker may file a ‘‘(B) FAILURE TO WORK.—Any hours which provider holds itself out to the general pub- petition with the Secretary. The petition the worker fails to work, up to a maximum lic as engaging in the transportation of pas- of the number of hours specified in the job shall be accompanied by an accepted and sengers for hire and holds a valid certifi- currently valid certification provided by the offer for a work day, when the worker has cation of authorization for such purposes been offered an opportunity to do so, and all Secretary of Labor under section 218(e)(2)(B) from an appropriate Federal, State, or local covering the petitioner. hours of work actually performed (including agency. voluntary work in excess of the number of ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- RETARY.—The Secretary shall establish a hours specified in the job offer in a work day, ING, AND INSURANCE REQUIREMENTS.— on the worker’s Sabbath, or on Federal holi- procedure for expedited adjudication of peti- ‘‘(i) IN GENERAL.—When using, or causing tions filed under subsection (a) and within 7 days) may be counted by the employer in to be used, any vehicle for the purpose of calculating whether the period of guaranteed working days shall, by fax, cable, or other providing transportation to which this sub- means assuring expedited delivery, transmit employment has been met. paragraph applies, each employer shall— ‘‘(C) ABANDONMENT OF EMPLOYMENT, TERMI- a copy of notice of action on the petition to ‘‘(I) ensure that each such vehicle con- the petitioner and, in the case of approved NATION FOR CAUSE.—If the worker voluntarily forms to the standards prescribed by the Sec- abandons employment before the end of the petitions, to the appropriate immigration of- retary of Labor under section 401(b) of the ficer at the port of entry or United States contract period, or is terminated for cause, Migrant and Seasonal Agricultural Worker the worker is not entitled to the ‘three- consulate (as the case may be) where the pe- Protection Act (29 U.S.C. 1841(b)) and other titioner has indicated that the alien bene- fourths guarantee’ described in subparagraph applicable Federal and State safety stand- (A). ficiary (or beneficiaries) will apply for a visa ards; or admission to the United States. ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ‘‘(II) ensure that each driver has a valid the expiration of the period of employment ‘‘(c) CRITERIA FOR ADMISSIBILITY.— and appropriate license, as provided by State ‘‘(1) IN GENERAL.—An H–2A worker shall be specified in the job offer, the services of the law, to operate the vehicle; and worker are no longer required for reasons be- considered admissible to the United States if ‘‘(III) have an insurance policy or a liabil- yond the control of the employer due to any the alien is otherwise admissible under this ity bond that is in effect which insures the form of natural disaster, including but not section, section 218, and section 218A, and employer against liability for damage to per- limited to a flood, hurricane, freeze, earth- the alien is not ineligible under paragraph sons or property arising from the ownership, quake, fire, drought, plant or animal disease (2). operation, or causing to be operated, of any or pest infestation, or regulatory drought, ‘‘(2) DISQUALIFICATION.—An alien shall be vehicle used to transport any H–2A worker. before the guarantee in subparagraph (A) is considered inadmissible to the United States ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The fulfilled, the employer may terminate the and ineligible for nonimmigrant status under level of insurance required shall be deter- worker’s employment. In the event of such section 101(a)(15)(H)(ii)(a) if the alien has, at mined by the Secretary of Labor pursuant to termination, the employer shall fulfill the any time during the past 5 years— regulations to be issued under this sub- employment guarantee in subparagraph (A) ‘‘(A) violated a material provision of this for the work days that have elapsed from the section. section, including the requirement to first work day after the arrival of the worker ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION promptly depart the United States when the to the termination of employment. In such COVERAGE.—If the employer of any H–2A alien’s authorized period of admission under cases, the employer will make efforts to worker provides workers’ compensation cov- this section has expired; or transfer the United States worker to other erage for such worker in the case of bodily ‘‘(B) otherwise violated a term or condition comparable employment acceptable to the injury or death as provided by State law, the of admission into the United States as a non- worker. If such transfer is not effected, the following adjustments in the requirements of immigrant, including overstaying the period employer shall provide the return transpor- subparagraph (B)(i)(III) relating to having an of authorized admission as such a non- tation required in paragraph (2)(D). insurance policy or liability bond apply: immigrant. ‘‘(5) MOTOR VEHICLE SAFETY.— ‘‘(I) No insurance policy or liability bond ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO shall be required of the employer, if such FUL PRESENCE.— COVERAGE.— workers are transported only under cir- ‘‘(A) IN GENERAL.—An alien who has not ‘‘(i) IN GENERAL.—Except as provided in cumstances for which there is coverage previously been admitted into the United clauses (iii) and (iv), this subsection applies under such State law. States pursuant to this section, and who is to any H–2A employer that uses or causes to ‘‘(II) An insurance policy or liability bond otherwise eligible for admission in accord- be used any vehicle to transport an H–2A shall be required of the employer for cir- ance with paragraphs (1) and (2), shall not be worker within the United States. cumstances under which coverage for the deemed inadmissible by virtue of section ‘‘(ii) DEFINED TERM.—In this paragraph, the transportation of such workers is not pro- 212(a)(9)(B). If an alien described in the pre- term ‘uses or causes to be used’— vided under such State law. ceding sentence is present in the United ‘‘(I) applies only to transportation pro- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An States, the alien may apply from abroad for vided by an H–2A employer to an H–2A work- employer shall assure that, except as other- H–2A status, but may not be granted that wise provided in this section, the employer er, or by a farm labor contractor to an H–2A status in the United States. will comply with all applicable Federal, worker at the request or direction of an H–2A ‘‘(B) MAINTENANCE OF WAIVER.—An alien State, and local labor laws, including laws employer; and provided an initial waiver of ineligibility affecting migrant and seasonal agricultural ‘‘(II) does not apply to— pursuant to subparagraph (A) shall remain workers, with respect to all United States ‘‘(aa) transportation provided, or transpor- workers and alien workers employed by the eligible for such waiver unless the alien vio- tation arrangements made, by an H–2A employer, except that a violation of this as- lates the terms of this section or again be- worker, unless the employer specifically re- surance shall not constitute a violation of comes ineligible under section 212(a)(9)(B) by quested or arranged such transportation; or the Migrant and Seasonal Agricultural virtue of unlawful presence in the United ‘‘(bb) car pooling arrangements made by H– Worker Protection Act (29 U.S.C. 1801 et States after the date of the initial waiver of 2A workers themselves, using 1 of the work- seq.). ineligibility pursuant to subparagraph (A). ers’ own vehicles, unless specifically re- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(d) PERIOD OF ADMISSION.— quested by the employer directly or through shall provide to the worker, not later than ‘‘(1) IN GENERAL.—The alien shall be admit- a farm labor contractor. the day the work commences, a copy of the ted for the period of employment in the ap- ‘‘(iii) CLARIFICATION.—Providing a job offer employer’s application and job offer de- plication certified by the Secretary of Labor to an H–2A worker that causes the worker to scribed in section 218(a), or, if the employer pursuant to section 218(e)(2)(B), not to ex- travel to or from the place of employment, will require the worker to enter into a sepa- ceed 10 months, supplemented by a period of or the payment or reimbursement of the rate employment contract covering the em- not more than 1 week before the beginning of transportation costs of an H–2A worker by ployment in question, such separate employ- the period of employment for the purpose of an H–2A employer, shall not constitute an ment contract. travel to the work site and a period of 14 arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— days following the period of employment for transportation. Nothing in this section, section 218, or sec- the purpose of departure or extension based

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3841 on a subsequent offer of employment, except ‘‘(i) be compatible with other databases of as an H–2A worker (including any exten- that— the Secretary for the purpose of excluding sions). ‘‘(A) the alien is not authorized to be em- aliens from benefits for which they are not ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ployed during such 14-day period except in eligible and determining whether the alien is in the case of an alien if the alien’s period of the employment for which the alien was pre- unlawfully present in the United States; and authorized status as an H–2A worker (includ- viously authorized; and ‘‘(ii) be compatible with law enforcement ing any extensions) was for a period of not ‘‘(B) the total period of employment, in- databases to determine if the alien has been more than 10 months and such alien has been cluding such 14-day period, may not exceed convicted of criminal offenses. outside the United States for at least 2 10 months. ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN months during the 12 months preceding the ‘‘(2) CONSTRUCTION.—Nothing in this sub- THE UNITED STATES.— date the alien again is applying for admis- section shall limit the authority of the Sec- ‘‘(1) EXTENSION OF STAY.—If an employer sion to the United States as an H–2A worker. retary to extend the stay of the alien under seeks approval to employ an H–2A alien who ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED any other provision of this Act. is lawfully present in the United States, the AS SHEEPHERDERS.—Notwithstanding any ‘‘(e) ABANDONMENT OF EMPLOYMENT.— petition filed by the employer or an associa- provision of the Agricultural Job Oppor- tunity, Benefits, and Security Act of 2005, ‘‘(1) IN GENERAL.—An alien admitted or tion pursuant to subsection (a), shall request provided status under section an extension of the alien’s stay and a change aliens admitted under section 101(a)(15)(H)(ii)(a) for employment as sheep- 101(a)(15)(H)(ii)(a) who abandons the employ- in the alien’s employment. herders— ment which was the basis for such admission ‘‘(2) LIMITATION ON FILING A PETITION FOR ‘‘(1) may be admitted for a period of 12 or status shall be considered to have failed EXTENSION OF STAY.—A petition may not be months; to maintain nonimmigrant status as an H–2A filed for an extension of an alien’s stay— ‘‘(A) for a period of more than 10 months; ‘‘(2) may be extended for a continuous pe- worker and shall depart the United States or or riod of up to 3 years; and be subject to removal under section ‘‘(B) to a date that is more than 3 years ‘‘(3) shall not be subject to the require- 237(a)(1)(C)(i). after the date of the alien’s last admission to ments of subsection (h)(5) relating to periods ‘‘(2) REPORT BY EMPLOYER.—The employer, the United States under this section. of absence from the United States. or association acting as agent for the em- ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- ployer, shall notify the Secretary not later ‘‘WORKER PROTECTIONS AND LABOR STANDARDS TITION FOR EXTENSION OF STAY.— than 7 days after an H–2A worker pre- ENFORCEMENT ‘‘(A) IN GENERAL.—An alien who is lawfully maturely abandons employment. ‘‘SEC. 218C. (a) ENFORCEMENT AUTHORITY.— present in the United States may commence ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- ‘‘(1) INVESTIGATION OF COMPLAINTS.— the employment described in a petition retary shall promptly remove from the ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY under paragraph (1) on the date on which the COMPLAINTS.—The Secretary of Labor shall United States any H–2A worker who violates petition is filed. any term or condition of the worker’s non- establish a process for the receipt, investiga- ‘‘(B) DEFINITION.—For purposes of subpara- tion, and disposition of complaints respect- immigrant status. graph (A), the term ‘file’ means sending the ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ing a petitioner’s failure to meet a condition petition by certified mail via the United specified in section 218(b), or an employer’s standing paragraph (1), an alien may volun- States Postal Service, return receipt re- tarily terminate his or her employment if misrepresentation of material facts in an ap- quested, or delivered by guaranteed commer- plication under section 218(a). Complaints the alien promptly departs the United States cial delivery which will provide the employer upon termination of such employment. may be filed by any aggrieved person or or- with a documented acknowledgment of the ganization (including bargaining representa- ‘‘(f) REPLACEMENT OF ALIEN.— date of receipt of the petition. tives). No investigation or hearing shall be ‘‘(1) IN GENERAL.—Upon presentation of the ‘‘(C) HANDLING OF PETITION.—The employer conducted on a complaint concerning such a notice to the Secretary required by sub- shall provide a copy of the employer’s peti- failure or misrepresentation unless the com- section (e)(2), the Secretary of State shall tion to the alien, who shall keep the petition plaint was filed not later than 12 months promptly issue a visa to, and the Secretary with the alien’s identification and employ- after the date of the failure, or misrepresen- shall admit into the United States, an eligi- ment eligibility document as evidence that tation, respectively. The Secretary of Labor ble alien designated by the employer to re- the petition has been filed and that the alien shall conduct an investigation under this place an H–2A worker— is authorized to work in the United States. subparagraph if there is reasonable cause to ‘‘(A) who abandons or prematurely termi- ‘‘(D) APPROVAL OF PETITION.—Upon ap- believe that such a failure or misrepresenta- nates employment; or proval of a petition for an extension of stay tion has occurred. ‘‘(B) whose employment is terminated or change in the alien’s authorized employ- ‘‘(B) DETERMINATION ON COMPLAINT.—Under after a United States worker is employed ment, the Secretary shall provide a new or such process, the Secretary of Labor shall pursuant to section 218(b)(2)(H)(iii), if the updated employment eligibility document to provide, within 30 days after the date such a United States worker voluntarily departs be- the alien indicating the new validity date, complaint is filed, for a determination as to fore the end of the period of intended em- after which the alien is not required to re- whether or not a reasonable basis exists to ployment or if the employment termination tain a copy of the petition. make a finding described in subparagraph is for a lawful job-related reason. ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- (C), (D), (E), or (H). If the Secretary of Labor ‘‘(2) CONSTRUCTION.—Nothing in this sub- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- determines that such a reasonable basis ex- section is intended to limit any preference TION AND EMPLOYMENT ELIGIBILITY DOCU- ists, the Secretary of Labor shall provide for required to be accorded United States work- MENT.—An expired identification and em- notice of such determination to the inter- ers under any other provision of this Act. ployment eligibility document, together ested parties and an opportunity for a hear- ‘‘(g) IDENTIFICATION DOCUMENT.— with a copy of a petition for extension of ing on the complaint, in accordance with ‘‘(1) IN GENERAL.—Each alien authorized to stay or change in the alien’s authorized em- section 556 of title 5, United States Code, be admitted under section 101(a)(15)(H)(ii)(a) ployment that complies with the require- within 60 days after the date of the deter- shall be provided an identification and em- ments of paragraph (1), shall constitute a mination. If such a hearing is requested, the ployment eligibility document to verify eli- valid work authorization document for a pe- Secretary of Labor shall make a finding con- gibility for employment in the United States riod of not more than 60 days beginning on cerning the matter not later than 60 days and verify such person’s proper identity. the date on which such petition is filed, after after the date of the hearing. In the case of ‘‘(2) REQUIREMENTS.—No identification and which time only a currently valid identifica- similar complaints respecting the same ap- employment eligibility document may be tion and employment eligibility document plicant, the Secretary of Labor may consoli- issued which does not meet the following re- shall be acceptable. date the hearings under this subparagraph quirements: ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN on such complaints. ‘‘(A) The document shall be capable of reli- STATUS.— ‘‘(C) FAILURES TO MEET CONDITIONS.—If the ably determining whether— ‘‘(A) MAXIMUM PERIOD.—The maximum Secretary of Labor finds, after notice and op- ‘‘(i) the individual with the identification continuous period of authorized status as an portunity for a hearing, a failure to meet a and employment eligibility document whose H–2A worker (including any extensions) is 3 condition of paragraph (1)(A), (1)(B), (1)(D), eligibility is being verified is in fact eligible years. (1)(F), (2)(A), (2)(B), or (2)(G) of section for employment; ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE 218(b), a substantial failure to meet a condi- ‘‘(ii) the individual whose eligibility is UNITED STATES.— tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), being verified is claiming the identity of an- ‘‘(i) IN GENERAL.—Subject to clause (ii), in (2)(E), or (2)(H) of section 218(b), or a mate- other person; and the case of an alien outside the United rial misrepresentation of fact in an applica- ‘‘(iii) the individual whose eligibility is States whose period of authorized status as tion under section 218(a)— being verified is authorized to be admitted an H–2A worker (including any extensions) ‘‘(i) the Secretary of Labor shall notify the into, and employed in, the United States as has expired, the alien may not again apply Secretary of such finding and may, in addi- an H–2A worker. for admission to the United States as an H– tion, impose such other administrative rem- ‘‘(B) The document shall be in a form that 2A worker unless the alien has remained out- edies (including civil money penalties in an is resistant to counterfeiting and to tam- side the United States for a continuous pe- amount not to exceed $1,000 per violation) as pering. riod equal to at least 1⁄5 the duration of the the Secretary of Labor determines to be ap- ‘‘(C) The document shall— alien’s previous period of authorized status propriate; and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3842 CONGRESSIONAL RECORD — SENATE April 18, 2005 ‘‘(ii) the Secretary may disqualify the em- ‘‘(2) The reimbursement of transportation strued to diminish the rights and remedies of ployer from the employment of aliens de- as required under section 218A(b)(2). an H–2A worker under any other Federal or scribed in section 101(a)(15)(H)(ii)(a) for a pe- ‘‘(3) The payment of wages required under State law or regulation or under any collec- riod of 1 year. section 218A(b)(3) when due. tive bargaining agreement, except that no ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- ‘‘(4) The benefits and material terms and court or administrative action shall be avail- REPRESENTATIONS.—If the Secretary of Labor conditions of employment expressly provided able under any State contract law to enforce finds, after notice and opportunity for hear- in the job offer described in section 218(a)(2), the rights created by this Act. ing, a willful failure to meet a condition of not including the assurance to comply with ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- section 218(b), a willful misrepresentation of other Federal, State, and local labor laws de- ments by employees purporting to waive or a material fact in an application under sec- scribed in section 218A(c), compliance with modify their rights under this Act shall be tion 218(a), or a violation of subsection which shall be governed by the provisions of void as contrary to public policy, except that (d)(1)— such laws. a waiver or modification of the rights or ob- ‘‘(i) the Secretary of Labor shall notify the ‘‘(5) The guarantee of employment required ligations in favor of the Secretary of Labor Secretary of such finding and may, in addi- under section 218A(b)(4). shall be valid for purposes of the enforce- tion, impose such other administrative rem- ‘‘(6) The motor vehicle safety requirements ment of this Act. The preceding sentence edies (including civil money penalties in an under section 218A(b)(5). may not be construed to prohibit agreements amount not to exceed $5,000 per violation) as ‘‘(7) The prohibition of discrimination to settle private disputes or litigation. the Secretary of Labor determines to be ap- under subsection (d)(2). ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- propriate; ‘‘(c) PRIVATE RIGHT OF ACTION.— TABLE RELIEF.— ‘‘(ii) the Secretary of Labor may seek ap- ‘‘(1) MEDIATION.—Upon the filing of a com- ‘‘(A) If the court finds that the respondent propriate legal or equitable relief to effec- plaint by an H–2A worker aggrieved by a vio- has intentionally violated any of the rights tuate the purposes of subsection (d)(1); and lation of rights enforceable under subsection enforceable under subsection (b), it shall ‘‘(iii) the Secretary may disqualify the em- (b), and within 60 days of the filing of proof award actual damages, if any, or equitable ployer from the employment of H–2A work- of service of the complaint, a party to the relief. ers for a period of 2 years. action may file a request with the Federal ‘‘(B) Any civil action brought under this ‘‘(E) DISPLACEMENT OF UNITED STATES Mediation and Conciliation Service to assist section shall be subject to appeal as provided WORKERS.—If the Secretary of Labor finds, the parties in reaching a satisfactory resolu- in chapter 83 of title 28, United States Code. after notice and opportunity for hearing, a tion of all issues involving all parties to the ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- willful failure to meet a condition of section dispute. Upon a filing of such request and CLUSIVE REMEDY.— 218(b) or a willful misrepresentation of a ma- giving of notice to the parties, the parties ‘‘(A) Notwithstanding any other provision terial fact in an application under section shall attempt mediation within the period of this section, where a State’s workers’ 218(a), in the course of which failure or mis- specified in subparagraph (B). compensation law is applicable and coverage representation the employer displaced a ‘‘(A) MEDIATION SERVICES.—The Federal is provided for an H–2A worker, the workers’ United States worker employed by the em- Mediation and Conciliation Service shall be compensation benefits shall be the exclusive ployer during the period of employment on available to assist in resolving disputes aris- remedy for the loss of such worker under the employer’s application under section ing under subsection (b) between H–2A work- this section in the case of bodily injury or 218(a) or during the period of 30 days pre- ers and agricultural employers without death in accordance with such State’s work- ceding such period of employment— charge to the parties. ers’ compensation law. ‘‘(i) the Secretary of Labor shall notify the ‘‘(B) 90-DAY LIMIT.—The Federal Mediation ‘‘(B) The exclusive remedy prescribed in Secretary of such finding and may, in addi- and Conciliation Service may conduct medi- subparagraph (A) precludes the recovery tion, impose such other administrative rem- ation or other non-binding dispute resolution under paragraph (6) of actual damages for edies (including civil money penalties in an activities for a period not to exceed 90 days loss from an injury or death but does not amount not to exceed $15,000 per violation) beginning on the date on which the Federal preclude other equitable relief, except that as the Secretary of Labor determines to be Mediation and Conciliation Service receives such relief shall not include back or front appropriate; and the request for assistance unless the parties pay or in any manner, directly or indirectly, ‘‘(ii) the Secretary may disqualify the em- agree to an extension of this period of time. expand or otherwise alter or affect— ployer from the employment of H–2A work- ‘‘(C) AUTHORIZATION.— ‘‘(i) a recovery under a State workers’ ers for a period of 3 years. ‘‘(i) IN GENERAL.—Subject to clause (ii), compensation law; or ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- there are authorized to be appropriated to ‘‘(ii) rights conferred under a State work- ALTIES.—The Secretary of Labor shall not the Federal Mediation and Conciliation ers’ compensation law. impose total civil money penalties with re- Service $500,000 for each fiscal year to carry ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— spect to an application under section 218(a) out this section. If it is determined under a State workers’ in excess of $90,000. ‘‘(ii) MEDIATION.—Notwithstanding any compensation law that the workers’ com- ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED other provision of law, the Director of the pensation law is not applicable to a claim for BENEFITS.—If the Secretary of Labor finds, Federal Mediation and Conciliation Service bodily injury or death of an H–2A worker, after notice and opportunity for a hearing, is authorized to conduct the mediation or the statute of limitations for bringing an ac- that the employer has failed to pay the other dispute resolution activities from any tion for actual damages for such injury or wages, or provide the housing allowance, other appropriated funds available to the Di- death under subsection (c) shall be tolled for transportation, subsistence reimbursement, rector and to reimburse such appropriated the period during which the claim for such or guarantee of employment, required under funds when the funds are appropriated pursu- injury or death under such State workers’ section 218A(b), the Secretary of Labor shall ant to this authorization, such reimburse- compensation law was pending. The statute assess payment of back wages, or other re- ment to be credited to appropriations cur- of limitations for an action for actual dam- quired benefits, due any United States work- rently available at the time of receipt. ages or other equitable relief arising out of er or H–2A worker employed by the employer ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- the same transaction or occurrence as the in the specific employment in question. The TRICT COURT BY AGGRIEVED PERSON.—An H–2A injury or death of the H–2A worker shall be back wages or other required benefits under worker aggrieved by a violation of rights en- tolled for the period during which the claim section 218A(b) shall be equal to the dif- forceable under subsection (b) by an agricul- for such injury or death was pending under ference between the amount that should 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 H–2A employer ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in regard to the amount in controversy, with- reached through the mediation process re- this section shall be construed as limiting out regard to the citizenship of the parties, quired under subsection (c)(1) shall preclude the authority of the Secretary of Labor to and without regard to the exhaustion of any any right of action arising out of the same conduct any compliance investigation under alternative administrative remedies under facts between the parties in any Federal or any other labor law, including any law af- this Act, not later than 3 years after the date State court or administrative proceeding, fecting migrant and seasonal agricultural the violation occurs. unless specifically provided otherwise in the workers, or, in the absence of a complaint ‘‘(3) ELECTION.—An H–2A worker who has settlement agreement. under this section, under section 218 or 218A. 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- 218A(b)(1). RIGHTS.—Nothing in this Act shall be con- erwise in the settlement agreement.

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‘‘(d) DISCRIMINATION PROHIBITED.— or agricultural labor under section 3121(g) of ‘‘(12) SECRETARY.—The term ‘Secretary’ ‘‘(1) IN GENERAL.—It is a violation of this the Internal Revenue Code of 1986 (26 U.S.C. means the Secretary of Homeland Security. subsection for any person who has filed an 3121(g)). For purposes of this paragraph, agri- ‘‘(13) TEMPORARY.—A worker is employed application under section 218(a), to intimi- cultural employment includes employment on a ‘temporary’ basis where the employ- date, threaten, restrain, coerce, blacklist, under section 101(a)(15)(H)(ii)(a). ment is intended not to exceed 10 months. discharge, or in any other manner discrimi- ‘‘(2) BONA FIDE UNION.—The term ‘bona fide ‘‘(14) UNITED STATES WORKER.—The term nate against an employee (which term, for union’ means any organization in which em- ‘United States worker’ means any worker, purposes of this subsection, includes a ployees participate and which exists for the whether a United States citizen or national, former employee and an applicant for em- purpose of dealing with employers con- a lawfully admitted permanent resident ployment) because the employee has dis- cerning grievances, labor disputes, wages, alien, or any other alien, who is authorized closed information to the employer, or to rates of pay, hours of employment, or other to work in the job opportunity within the any other person, that the employee reason- terms and conditions of work for agricul- United States, except an alien admitted or ably believes evidences a violation of section tural employees. Such term does not include otherwise provided status under section 218 or 218A or any rule or regulation per- an organization formed, created, adminis- 101(a)(15)(H)(ii)(a).’’. taining to section 218 or 218A, or because the tered, supported, dominated, financed, or (b) TABLE OF CONTENTS.—The table of con- employee cooperates or seeks to cooperate in controlled by an employer or employer asso- tents of the Immigration and Nationality an investigation or other proceeding con- ciation or its agents or representatives. Act (8 U.S.C. 1101 et seq.) is amended by cerning the employer’s compliance with the ‘‘(3) DISPLACE.—The term ‘displace’, in the striking the item relating to section 218 and requirements of section 218 or 218A or any case of an application with respect to 1 or inserting the following: rule or regulation pertaining to either of more H–2A workers by an employer, means ‘‘Sec. 218 H–2A employer applications. such sections. laying off a United States worker from a job ‘‘Sec. 218A H–2A employment requirements. ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- for which the H–2A worker or workers is or ‘‘Sec. 218B Procedure for admission and ex- ERS.—It is a violation of this subsection for are sought. tension of stay of H–2A work- any person who has filed an application ‘‘(4) ELIGIBLE.—The term ‘eligible’, when ers. under section 218(a), to intimidate, threaten, used with respect to an individual, means an ‘‘Sec. 218C Worker protections and labor restrain, coerce, blacklist, discharge, or in individual who is not an unauthorized alien standards enforcement. any manner discriminate against an H–2A (as defined in section 274A(h)(3)). ‘‘Sec. 218D Definitions.’’. ‘‘(5) EMPLOYER.—The term ‘employer’ employee because such worker has, with just Subtitle C—Miscellaneous Provisions cause, filed a complaint with the Secretary means any person or entity, including any farm labor contractor and any agricultural SEC. 731. DETERMINATION AND USE OF USER of Labor regarding a denial of the rights enu- FEES. merated and enforceable under subsection (b) association, that employs workers in agricultural employment. (a) SCHEDULE OF FEES.—The Secretary or instituted, or caused to be instituted, a shall establish and periodically adjust a private right of action under subsection (c) ‘‘(6) H-2A EMPLOYER.—The term ‘H–2A employer’ means an employer who seeks to hire schedule of fees for the employment of aliens regarding the denial of the rights enumer- under this title and the amendments made ated under subsection (b), or has testified or 1 or more nonimmigrant aliens described in section 101(a)(15)(H)(ii)(a). by this title, and a collection process for is about to testify in any court proceeding ‘‘(7) H-2A WORKER.—The term ‘H–2A worker’ such fees from employers participating in brought under subsection (c). means a nonimmigrant described in section the program provided under this Act. Such ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- 101(a)(15)(H)(ii)(a). fees shall be the only fees chargeable to em- PRIATE EMPLOYMENT.—The Secretary of ployers for services provided under this Act. Labor and the Secretary shall establish a ‘‘(8) JOB OPPORTUNITY.—The term ‘job opportunity’ means a job opening for tem- (b) DETERMINATION OF SCHEDULE.— process under which an H–2A worker who porary full-time employment at a place in (1) IN GENERAL.—The schedule under sub- files a complaint regarding a violation of the United States to which United States section (a) shall reflect a fee rate based on subsection (d) and is otherwise eligible to re- workers can be referred. the number of job opportunities indicated in main and work in the United States may be ‘‘(9) LAYS OFF.— the employer’s application under section 218 allowed to seek other appropriate employ- ‘‘(A) IN GENERAL.—The term ‘lays off’, with of the Immigration and Nationality Act, as ment in the United States for a period not to respect to a worker— added by section 721 of this Act, and suffi- exceed the maximum period of stay author- ‘‘(i) means to cause the worker’s loss of cient to provide for the direct costs of pro- ized for such nonimmigrant classification. employment, other than through a discharge viding services related to an employer’s au- ‘‘(f) ROLE OF ASSOCIATIONS.— for inadequate performance, violation of thorization to employ eligible aliens pursu- ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- workplace rules, cause, voluntary departure, ant to this Act, to include the certification TION.—An employer on whose behalf an ap- voluntary retirement, contract impossibility of eligible employers, the issuance of docu- plication is filed by an association acting as (as described in section 218A(b)(4)(D)), or mentation, and the admission of eligible its agent is fully responsible for such appli- temporary layoffs due to weather, markets, aliens. cation, and for complying with the terms or other temporary conditions; but (2) PROCEDURE.— and conditions of sections 218 and 218A, as ‘‘(ii) does not include any situation in (A) IN GENERAL.—In establishing and ad- though the employer had filed the applica- which the worker is offered, as an alter- justing such a schedule, the Secretary shall tion itself. If such an employer is deter- native to such loss of employment, a similar comply with Federal cost accounting and fee mined, under this section, to have com- employment opportunity with the same em- setting standards. mitted a violation, the penalty for such vio- ployer (or, in the case of a placement of a (B) PUBLICATION AND COMMENT.—The Sec- lation shall apply only to that member of worker with another employer under section retary shall publish in the Federal Register the association unless the Secretary of 218(b)(2)(E), with either employer described an initial fee schedule and associated collec- Labor determines that the association or in such section) at equivalent or higher com- tion process and the cost data or estimates other member participated in, had knowl- pensation and benefits than the position upon which such fee schedule is based, and edge, or reason to know, of the violation, in from which the employee was discharged, re- any subsequent amendments thereto, pursu- which case the penalty shall be invoked gardless of whether or not the employee ac- ant to which public comment shall be sought against the association or other association cepts the offer. and a final rule issued. member as well. ‘‘(B) STATUTORY CONSTRUCTION.—Nothing (c) USE OF PROCEEDS.—Notwithstanding ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING in this paragraph is intended to limit an em- any other provision of law, all proceeds re- AS AN EMPLOYER.—If an association filing an ployee’s rights under a collective bargaining sulting from the payment of the alien em- application as a sole or joint employer is de- agreement or other employment contract. ployment user fees shall be available with- termined to have committed a violation ‘‘(10) REGULATORY DROUGHT.—The term out further appropriation and shall remain under this section, the penalty for such vio- ‘regulatory drought’ means a decision subse- available without fiscal year limitation to lation shall apply only to the association un- quent to the filing of the application under reimburse the Secretary, the Secretary of less the Secretary of Labor determines that section 218 by an entity not under the con- State, and the Secretary of Labor for the an association member or members partici- trol of the employer making such filing costs of carrying out sections 218 and 218B of pated in or had knowledge, or reason to which restricts the employer’s access to the Immigration and Nationality Act, as know of the violation, in which case the pen- water for irrigation purposes and reduces or added by section 721 of this Act, and the pro- alty shall be invoked against the association limits the employer’s ability to produce an visions of this Act. member or members as well. agricultural commodity, thereby reducing SEC. 732. REGULATIONS. ‘‘DEFINITIONS the need for labor. (a) REGULATIONS OF THE SECRETARY.—The ‘‘SEC. 218D. For purposes of sections 218 ‘‘(11) SEASONAL.—Labor is performed on a Secretary shall consult with the Secretary of through 218D: ‘seasonal’ basis if— Labor and the Secretary of Agriculture on ‘‘(1) AGRICULTURAL EMPLOYMENT.—The ‘‘(A) ordinarily, it pertains to or is of the all regulations to implement the duties of term ‘agricultural employment’ means any kind exclusively performed at certain sea- the Secretary under this title and the service or activity that is considered to be sons or periods of the year; and amendments made by this title. agricultural under section 3(f) of the Fair ‘‘(B) from its nature, it may not be contin- (b) REGULATIONS OF THE SECRETARY OF Labor Standards Act of 1938 (29 U.S.C. 203(f)) uous or carried on throughout the year. STATE.—The Secretary of State shall consult

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3844 CONGRESSIONAL RECORD — SENATE April 18, 2005 with the Secretary, the Secretary of Labor, against the tax imposed by this subtitle an ‘‘(A) the National Guard (as defined by sec- and the Secretary of Agriculture on all regu- amount equal to the qualified active duty tion 101(c)(1) of title 10, United States Code), lations to implement the duties of the Sec- wage differential of such qualified reservist or retary of State under this title and the for the taxable year. ‘‘(B) the Ready Reserve (as defined by sec- amendments made by this title. ‘‘(b) QUALIFIED ACTIVE DUTY WAGE DIF- tion 10142 of title 10, United States Code). (c) REGULATIONS OF THE SECRETARY OF FERENTIAL.—For purposes of this section— ‘‘(2) NORMAL EMPLOYMENT.—The term ‘nor- LABOR.—The Secretary of Labor shall con- ‘‘(1) IN GENERAL.—The term ‘qualified ac- mal employment duties’ includes self-em- sult with the Secretary of Agriculture and tive duty wage differential’ means the daily ployment. the Secretary on all regulations to imple- wage differential of the qualified active duty ‘‘(d) DISALLOWANCE WITH RESPECT TO PER- ment the duties of the Secretary of Labor reservist multiplied by the number of days SONS ORDERED TO ACTIVE DUTY FOR TRAIN- under this title and the amendments made such qualified reservist participates in quali- ING.—No credit shall be allowed under sub- by this title. fied reserve component duty during the tax- section (a) to a qualified reservist who is (d) DEADLINE FOR ISSUANCE OF REGULA- able year, including time spent in a travel called or ordered to active duty for any of TIONS.—All regulations to implement the du- status. the following types of duty: ties of the Secretary, the Secretary of State, ‘‘(2) DAILY WAGE DIFFERENTIAL.—The daily ‘‘(1) Active duty for training under any and the Secretary of Labor created under wage differential is an amount equal to the provision of title 10, United States Code. sections 218, 218A, 218B, and 218C of the Im- lesser of— ‘‘(2) Training at encampments, maneuvers, migration and Nationality Act, as added by ‘‘(A) the excess of— outdoor target practice, or other exercises section 721 of this Act, shall take effect on ‘‘(i) the qualified reservist’s average daily under chapter 5 of title 32, United States the effective date of section 721 and shall be qualified compensation, over Code. issued not later than 1 year after the date of ‘‘(ii) the qualified reservist’s average daily ‘‘(3) Full-time National Guard duty, as de- enactment of this Act. military pay while participating in qualified fined in section 101(d)(5) of title 10, United reserve component duty to the exclusion of SEC. 733. RELIGIOUS ORGANIZATIONS. States Code. the qualified reservist’s normal employment Section 274(a)(1) of the Immigration and ‘‘(e) CREDIT INCLUDED IN GROSS INCOME.— duties, or Gross income includes the amount of the Nationality Act (8 U.S.C. 1324(a)(1)) is ‘‘(B) $54.80. credit allowed the taxpayer under this sec- amended by adding at the end the following: ‘‘(3) AVERAGE DAILY QUALIFIED COMPENSA- tion.’’. ‘‘(C) It is not a violation of clauses (ii), TION.— (b) CONFORMING AMENDMENTS.— (iii), or (iv) of subparagraph (A) for a reli- ‘‘(A) IN GENERAL.—The term ‘average daily (1) Paragraph (2) of section 1324(b) of title gious denomination described in section qualified compensation’ means— 31, United States Code, is amended by insert- 101(a)(27)(C)(i) or an affiliated religious orga- ‘‘(i) the qualified compensation of the ing before the period ‘‘, or from section 36 of nization described in section qualified reservist for the one-year period such Code’’. 101(a)(27)(C)(ii)(III), or their agents or offi- ending on the day before the date the quali- (2) The table of sections for subpart C of cers, to encourage, invite, call, allow, or en- fied reservist begins qualified reserve compo- part IV of chapter 1 of the Internal Revenue able an alien who is present in the United nent duty, divided by Code of 1986 is amended by striking the last States in violation of law to carry on the vo- ‘‘(ii) 365. item and inserting the following new items: cation described in section 101(a)(27)(C)(ii)(I), ‘‘(B) QUALIFIED COMPENSATION.—The term ‘‘Sec. 36. Wage differential for activated re- as a volunteer who is not compensated as an ‘qualified compensation’ means— employee, notwithstanding the provision of servists. ‘‘(i) compensation which is normally con- ‘‘Sec. 37. Overpayments of tax.’’. room, board, travel, and other basic living tingent on the qualified reservist’s presence expenses.’’. (c) EFFECTIVE DATE.—The amendments for work and which would be includible in made by this section shall apply to taxable SEC. 734. EFFECTIVE DATE. gross income, and years beginning after December 31, 2004. (a) IN GENERAL.—Except as otherwise pro- ‘‘(ii) compensation which is not character- vided, sections 721 and 731 shall take effect 1 ized by the qualified reservist’s employer as SA 467. Mr. COBURN submitted an year after the date of enactment of this Act. vacation or holiday pay, or as sick leave or amendment intended to be proposed by (b) REPORT.—Not later than 180 days after pay, or as any other form of pay for a non- him to the bill H.R. 1268, Making emer- the date of enactment of this Act, the Sec- specific leave of absence. retary shall prepare and submit to the appro- gency supplemental appropriations for ‘‘(4) AVERAGE DAILY MILITARY PAY AND AL- the fiscal year ending September 30, priate committees of Congress a report that LOWANCES.— describes the measures being taken and the ‘‘(A) IN GENERAL.—The term ‘average daily 2005, to establish and rapidly imple- progress made in implementing this title. military pay and allowances’ means— ment regulations for State driver’s li- f ‘‘(i) the amount paid to the qualified re- cense and identification document se- servist during the taxable year as military curity standards, to prevent terrorists TEXT OF AMENDMENTS pay and allowances on account of the quali- from abusing the asylum laws of the SA 466. Mr. SHELBY submitted an fied reservist’s participation in qualified re- United States, to unify terrorism-re- amendment intended to be proposed by serve component duty, determined as of the lated grounds for inadmissibility and him to the bill H.R. 1268, Making emer- date the qualified reservist begins qualified removal, to ensure expeditious con- gency supplemental appropriations for reserve component duty, divided by struction of the San Diego border ‘‘(ii) the total number of days the qualified the fiscal year ending September 30, reservist participates in qualified reserve fence, and for other purposes; which 2005, to establish and rapidly imple- component duty during the taxable year, in- was ordered to lie on the table; as fol- ment regulations for State driver’s li- cluding time spent in travel status. lows: cense and identification document se- ‘‘(B) MILITARY PAY AND ALLOWANCES.—The On page 202, strike lines 1 through 13. curity standards, to prevent terrorists term ‘military pay’ means pay as that term from abusing the asylum laws of the is defined in section 101(21) of title 37, United SA 468. Mr. COBURN submitted an United States, to unify terrorism-re- States Code, and the term ‘allowances’ amendment intended to be proposed by lated grounds for inadmissibility and means the allowances payable to a member him to the bill H.R. 1268, Making emer- of the Armed Forces of the United States gency supplemental appropriations for removal, to ensure expeditious con- under chapter 7 of that title. struction of the San Diego border the fiscal year ending September 30, ‘‘(5) QUALIFIED RESERVE COMPONENT DUTY.— 2005, to establish and rapidly imple- fence, and for other purposes; which The term ‘qualified reserve component duty’ ment regulations for State driver’s li- was ordered to lie on the table; as fol- means— cense and identification document se- lows: ‘‘(A) active duty performed, as designated in the reservist’s military orders, in support curity standards, to prevent terrorists On page 169, between lines 8 and 9, insert from abusing the asylum laws of the the following: of a contingency operation as defined in section 101(a)(13) of title 10, United States Code, United States, to unify terrorism-re- REFUNDABLE WAGE DIFFERENTIAL CREDIT FOR or lated grounds for inadmissibility and ACTIVATED MILITARY RESERVISTS ‘‘(B) full-time National Guard duty (as de- removal, to ensure expeditious con- SEC. 1122. (a) IN GENERAL.—Subpart C of fined in section 101(19) of title 32, United struction of the San Diego border part IV of subchapter A of chapter 1 of the States Code) which is ordered pursuant to a Internal Revenue Code of 1986 is amended by fence, and for other purposes; which request by the President, for a period under was ordered to lie on the table; as fol- redesignating section 36 as section 37 and by 1 or more orders described in subparagraph inserting after section 35 the following new (A) or (B) of more than 90 consecutive days. lows: section: ‘‘(c) QUALIFIED RESERVIST.—For purposes On page 166, strike lines 10 through 20 and ‘‘SEC. 36. WAGE DIFFERENTIAL FOR ACTIVATED of this section— insert the following: RESERVISTS. ‘‘(1) IN GENERAL.—The term ‘qualified re- 108–199 is amended by striking all after ‘‘(a) IN GENERAL.—In the case of a qualified servist’ means an individual who is engaged ‘‘made available’’ and substituting’’, not- reservist, there shall be allowed as a credit in normal employment and is a member of— withstanding section 2218(c)(1) of title 10,

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3845 United States Code, for a grant to Philadel- this heading is designated as an emergency be transferred to and consolidated with ‘‘Op- phia Regional Port Authority, to be used requirement pursuant to section 402 of the erating Expenses of the United States Agen- solely for the purpose of construction, by conference report to accompany S. Con. Res. cy for International Development Office of and for a Philadelphia-based company estab- 95 (108th Congress). Inspector General’’; and up to $5,000,000 may lished to operate high-speed, advanced-de- OVERSEAS HUMANITARIAN, DISASTER, AND be transferred to and consolidated with sign vessels for the transport of high-value, CIVIC AID ‘‘Emergencies in the Diplomatic and Con- sular Service’’ for the purpose of providing time-sensitive cargoes in the foreign com- For an additional amount for ‘‘Overseas support services for United States citizen merce of the United States, of a marine Humanitarian, Disaster, and Civic Aid’’, victims and related operations: Provided fur- cargo terminal and IT network for high- $36,000,000, to remain available until Sep- ther, That of the funds appropriated under speed commercial vessels that is capable of tember 30, 2006: Provided, That the amount this heading, not less than $5,000,000 shall be supporting military sealift requirements, provided under this heading is designated as made available for environmental recovery and that in making a grant to carry out this an emergency requirement pursuant to sec- activities in Aceh, Indonesia, to be adminis- section, the Secretary of Defense shall so- tion 402 of the conference report to accom- tered by the United States Fish and Wildlife licit applications from not fewer than 4 such pany S. Con. Res. 95 (108th Congress). companies. Service: Provided further, That of the funds OTHER DEPARTMENT OF DEFENSE appropriated under this heading, not less SA 469. Mr. COBURN submitted an PROGRAMS than $12,000,000 should be made available for amendment intended to be proposed by DEFENSE HEALTH PROGRAM programs to address the needs of people with him to the bill H.R. 1268, Making emer- For an additional amount for ‘‘Defense physical and mental disabilities resulting Health Program’’, $3,600,000 for Operation from the tsunami: Provided further, That of gency supplemental appropriations for the funds appropriated under this heading, the fiscal year ending September 30, and maintenance: Provided, That the amount provided under this heading is designated as not less than $25,000,000 should be made 2005, to establish and rapidly imple- an emergency requirement pursuant to sec- available for programs to prevent the spread ment regulations for State driver’s li- tion 402 of the conference report to accom- of the Avian flu: Provided further, That of the cense and identification document se- pany S. Con. Res. 95 (108th Congress). funds appropriated under this heading, $1,500,000 shall be made available for traf- curity standards, to prevent terrorists CHAPTER 3 from abusing the asylum laws of the ficking in persons monitoring and prevention DEPARTMENT OF HOMELAND SECURITY programs and activities in tsunami affected United States, to unify terrorism-re- UNITED STATES COAST GUARD countries: Provided further, That the amount lated grounds for inadmissibility and OPERATING EXPENSES provided under this heading is designated as removal, to ensure expeditious con- For an additional amount for ‘‘Operating an emergency requirement pursuant to sec- struction of the San Diego border Expenses’’, $350,000: Provided, That the tion 402 of the conference report to accom- fence, and for other purposes; which amount provided under this heading is des- pany S. Con. Res. 95 (108th Congress). was ordered to lie on the table; as fol- ignated as an emergency requirement pursu- GENERAL PROVISIONS, THIS CHAPTER lows: ant to section 402 of the conference report to ANNUAL LIMITATION Strike title IV and insert the following: accompany S. Con. Res. 95 (108th Congress). SEC. 4501. Amounts made available pursu- TITLE IV—INDIAN OCEAN TSUNAMI CHAPTER 4 ant to section 492(b) of the Foreign Assist- RELIEF FUNDS APPROPRIATED TO THE ance Act of 1961, as amended (22 U.S.C. PRESIDENT 2292a), to address relief and rehabilitation CHAPTER 1 needs for countries affected by the Indian OTHER BILATERAL ASSISTANCE DEPARTMENT OF COMMERCE Ocean tsunami and earthquakes of December NATIONAL OCEANIC AND ATMOSPHERIC TSUNAMI RECOVERY AND RECONSTRUCTION 2004 and March 2005, prior to the enactment ADMINISTRATION FUND of this Act, shall be in addition to the (INCLUDING TRANSFERS OF FUNDS) PROCUREMENT, ACQUISITION AND CONSTRUCTION amount that may be obligated in fiscal year 2005 under that section. For an additional amount for ‘‘Procure- For necessary expenses to carry out the AUTHORIZATION OF FUNDS ment, Acquisition and Construction’’, Foreign Assistance Act of 1961, for emer- $10,170,000, to remain available until Sep- gency relief, rehabilitation, and reconstruc- SEC. 4502. Funds appropriated by this chap- tember 30, 2008, for United States tsunami tion aid to countries affected by the tsunami ter and chapter 2 of title II may be obligated warning capabilities: Provided, That the and earthquakes of December 2004 and March and expended notwithstanding section 15 of amount provided under this heading is des- 2005, $304,370,000, to remain available until the State Department Basic Authorities Act ignated as an emergency requirement pursu- September 30, 2006: Provided, That these of 1956, section 313 of the Foreign Relations ant to section 402 of the conference report to funds may be transferred by the Secretary of Authorization Act, Fiscal Years 1994 and 1995 accompany S. Con. Res. 95 (108th Congress). State to Federal agencies or accounts for (Public Law 103–236), section 10 of Public any activity authorized under part I (includ- Law 91–672 (22 U.S.C. 2412), and section CHAPTER 2 ing chapter 4 of part II) of the Foreign As- 504(a)(1) of the National Security Act of 1947 DEPARTMENT OF DEFENSE—MILITARY sistance Act, or under the Agricultural (50 U.S.C. 414(a)(1)). OPERATION AND MAINTENANCE Trade Development and Assistance Act of OPERATION AND MAINTENANCE, NAVY 1954, to accomplish the purposes provided SA 470. Mr. COBURN submitted an herein: Provided further, That upon a deter- amendment intended to be proposed by For an additional amount for ‘‘Operation mination that all or part of the funds so him to the bill H.R. 1268, Making emer- and Maintenance, Navy’’, $124,100,000: Pro- transferred from this appropriation are not vided, That the amount provided under this gency supplemental appropriations for necessary for the purposes provided herein, the fiscal year ending September 30, heading is designated as an emergency re- such amounts may be transferred back to quirement pursuant to section 402 of the con- this appropriation: Provided further, That 2005, to establish and rapidly imple- ference report to accompany S. Con. Res. 95 funds appropriated under this heading may ment regulations for State driver’s li- (108th Congress). be used to reimburse fully accounts adminis- cense and identification document se- OPERATION AND MAINTENANCE, MARINE CORPS tered by the United States Agency for Inter- curity standards, to prevent terrorists For an additional amount for ‘‘Operation national Development for obligations in- from abusing the asylum laws of the and Maintenance, Marine Corps’’, $2,800,000: curred for the purposes provided under this United States, to unify terrorism-re- Provided, That the amount provided under heading prior to enactment of this Act, in- lated grounds for inadmissibility and this heading is designated as an emergency cluding Public Law 480 Title II grants: Pro- removal, to ensure expeditious con- vided further, That of the amounts provided requirement pursuant to section 402 of the struction of the San Diego border conference report to accompany S. Con. Res. herein: up to $10,000,000 may be transferred 95 (108th Congress). to and consolidated with ‘‘Development fence, and for other purposes; which was ordered to lie on the table; as fol- OPERATION AND MAINTENANCE, AIR FORCE Credit Authority’’ for the cost of direct loans and loan guarantees as authorized by sec- lows: For an additional amount for ‘‘Operation tions 256 and 635 of the Foreign Assistance and Maintenance, Air Force’’, $30,000,000: Strike title II and insert the following: Act of 1961 in furtherance of the purposes of Provided, That the amount provided under TITLE II—INTERNATIONAL PROGRAMS this heading; up to $20,000,000 may be trans- this heading is designated as an emergency AND ASSISTANCE FOR RECONSTRUC- ferred to and consolidated with ‘‘Operating requirement pursuant to section 402 of the TION AND THE WAR ON TERROR Expenses of the United States Agency for conference report to accompany S. Con. Res. CHAPTER 1 International Development’’, of which up to 95 (108th Congress). DEPARTMENT OF AGRICULTURE $2,000,000 may be used for administrative ex- OPERATION AND MAINTENANCE, DEFENSE-WIDE penses to carry out credit programs adminis- FOREIGN AGRICULTURAL SERVICE For an additional amount for ‘‘Operation tered by the United States Agency for Inter- PUBLIC LAW 480 TITLE II GRANTS and Maintenance, Defense-Wide’’, $29,150,000: national Development in furtherance of the For additional expenses during the current Provided, That the amount provided under purposes of this heading; up to $500,000 may fiscal year, not otherwise recoverable, and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3846 CONGRESSIONAL RECORD — SENATE April 18, 2005 unrecovered prior years’ costs, including in- BILATERAL ECONOMIC ASSISTANCE Israel to help ease the movement of Pales- terest thereon, under the Agricultural Trade FUNDS APPROPRIATED TO THE tinian people and goods in and out of Israel: Development and Assistance Act of 1954, for PRESIDENT Provided further, That of the funds appro- commodities supplied in connection with dis- priated under this heading, not less than UNITED STATES AGENCY FOR positions abroad under title II of said Act, $5,000,000 shall be made available for assist- INTERNATIONAL DEVELOPMENT $58,791,560, to remain available until ex- ance for displaced persons in Afghanistan: pended: Provided, That the amount provided INTERNATIONAL DISASTER AND FAMINE Provided further, That of the funds appro- under this heading is designated as an emer- ASSISTANCE priated under this heading, not less than gency requirement pursuant to section 402 of For an additional amount for ‘‘Inter- $5,000,000 should be made available to sup- the conference report to accompany S. Con. national Disaster and Famine Assistance’’, port Afghan women’s organizations that Res. 95 (108th Congress). $17,245,524, to remain available until ex- work to defend the legal rights of women and pended, for emergency expenses related to CHAPTER 2 to increase women’s political participation: the humanitarian crisis in the Darfur region Provided further, That of the funds appro- DEPARTMENT OF STATE AND RELATED of Sudan: Provided, That these funds may be priated under this heading, up to $10,000,000 AGENCY used to reimburse fully accounts adminis- may be transferred to the Overseas Private DEPARTMENT OF STATE tered by the United States Agency for Inter- Investment Corporation for the cost of direct national Development for obligations in- and guaranteed loans as authorized by sec- ADMINISTRATION OF FOREIGN AFFAIRS curred for the purposes provided under this tion 234 of the Foreign Assistance Act of DIPLOMATIC AND CONSULAR PROGRAMS heading prior to enactment of this Act from 1961: Provided further, That such costs, shall funds appropriated for foreign operations, ex- be as defined in section 502 of the Congres- For an additional amount for ‘‘Diplomatic port financing, and related programs: Pro- sional Budget Act of 1974: Provided further, and Consular Programs’’, $757,700,000, to re- vided further, That the amount provided That the amount provided under this head- main available until September 30, 2006, of under this heading is designated as an emer- ing is designated as an emergency require- which $10,000,000 is provided for security re- gency requirement pursuant to section 402 of ment pursuant to section 402 of the con- quirements in the detection of explosives: the conference report to accompany S. Con. ference report to accompany S. Con. Res. 95 Provided, That of the funds appropriated Res. 95 (108th Congress). (108th Congress). under this heading, not less than $250,000 TRANSITION INITIATIVES shall be made available for programs to as- ASSISTANCE FOR THE INDEPENDENT STATES OF sist Iraqi and Afghan scholars who are in For an additional amount for ‘‘Transition THE FORMER SOVIET UNION physical danger to travel to the United Initiatives’’, $24,692,455, to remain available For an additional amount for ‘‘Assistance States to engage in research or other schol- until expended, for necessary international for the Independent States of the Former So- arly activities at American institutions of disaster rehabilitation and reconstruction viet Union’’ for assistance to Ukraine, higher education: Provided further, That the assistance pursuant to section 491 of the For- $70,000,000, to remain available until Sep- amount provided under this heading is des- eign Assistance Act of 1961, to support tran- tember 30, 2006: Provided, That of the funds ignated as an emergency requirement pursu- sition to democracy and the long-term devel- appropriated under this heading, $5,000,000 ant to section 402 of the conference report to opment of Sudan: Provided, That such sup- shall be made available for democracy pro- accompany S. Con. Res. 95 (108th Congress). port may include assistance to develop, grams in Belarus, which shall be adminis- strengthen, or preserve democratic institu- tered by the Bureau of Democracy, Human EMBASSY SECURITY, CONSTRUCTION, AND tions and processes, revitalize basic infra- Rights and Labor, Department of State: Pro- MAINTENANCE structure, and foster the peaceful resolution vided further, That of the funds appropriated For an additional amount for ‘‘Embassy of conflict: Provided further, That of the under this heading, not less than $5,000,000 Security, Construction, and Maintenance’’, funds appropriated under this heading, not shall be made available through the United $232,030,691, to remain available until ex- less than $2,500,000 shall be made available States Agency for International Develop- pended: Provided, That the amount provided for criminal case management, case track- ment for humanitarian, conflict mitigation, under this heading is designated as an emer- ing, and the reduction of pre-trial detention and other relief and recovery assistance for gency requirement pursuant to section 402 of in Haiti, notwithstanding any other provi- needy families and communities in the conference report to accompany S. Con. sion of law: Provided further, That the Chechnya, Ingushetia and elsewhere in the Res. 95 (108th Congress). amount provided under this heading is des- North Caucasus: Provided further, That the ignated as an emergency requirement pursu- INTERNATIONAL ORGANIZATIONS AND amount provided under this heading is des- ant to section 402 of the conference report to CONFERENCES ignated as an emergency requirement pursu- accompany S. Con. Res. 95 (108th Congress). ant to section 402 of the conference report to CONTRIBUTIONS FOR INTERNATIONAL OPERATING EXPENSES OF THE UNITED STATES accompany S. Con. Res. 95 (108th Congress). PEACEKEEPING ACTIVITIES AGENCY FOR INTERNATIONAL DEVELOPMENT DEPARTMENT OF STATE For an additional amount for ‘‘Contribu- For an additional amount for ‘‘Operating INTERNATIONAL NARCOTICS CONTROL AND LAW tions for International Peacekeeping Activi- Expenses of the United States Agency for ENFORCEMENT ties’’, $680,000,000, to remain available until International Development’’, $24,400,000, to September 30, 2006: Provided, That the remain available until September 30, 2006: (INCLUDING TRANSFER OF FUNDS) amount provided under this heading is des- Provided, That the amount provided under For an additional amount for ‘‘Inter- ignated as an emergency requirement pursu- this heading is designated as an emergency national Narcotics Control and Law Enforce- ant to section 402 of the conference report to requirement pursuant to section 402 of the ment’’, $258,682,864, to remain available until accompany S. Con. Res. 95 (108th Congress). conference report to accompany S. Con. Res. September 30, 2007, of which up to $46,000,000 RELATED AGENCY 95 (108th Congress). may be transferred to and merged with ‘‘Eco- OPERATING EXPENSES OF THE UNITED STATES nomic Support Fund’’ if the Secretary of BROADCASTING BOARD OF GOVERNORS AGENCY FOR INTERNATIONAL DEVELOPMENT State, after consultation with the Commit- INTERNATIONAL BROADCASTING OPERATIONS OFFICE OF INSPECTOR GENERAL tees on Appropriations, determines that this transfer is the most effective and timely use For an additional amount for ‘‘Inter- For an additional amount for ‘‘Operating of resources to carry out counternarcotics national Broadcasting Operations’’ for ac- Expenses of the United States Agency for and reconstruction programs: Provided, That tivities related to broadcasting to the broad- International Development Office of Inspec- the amount provided under this heading is er Middle East, $4,800,000, to remain avail- tor General’’, $2,500,000, to remain available designated as an emergency requirement able until September 30, 2006: Provided, That until September 30, 2006: Provided, That the pursuant to section 402 of the conference re- the amount provided under this heading is amount provided under this heading is des- port to accompany S. Con. Res. 95 (108th Con- designated as an emergency requirement ignated as an emergency requirement pursu- gress). pursuant to section 402 of the conference re- ant to section 402 of the conference report to port to accompany S. Con. Res. 95 (108th Con- accompany S. Con. Res. 95 (108th Congress). MIGRATION AND REFUGEE ASSISTANCE gress). OTHER BILATERAL ECONOMIC For an additional amount for ‘‘Migration ASSISTANCE and Refugee Assistance’’, $108,400,000, to re- BROADCASTING CAPITAL IMPROVEMENTS main available until September 30, 2006: Pro- ECONOMIC SUPPORT FUND For an additional amount for ‘‘Broad- vided, That of the funds appropriated under casting Capital Improvements’’ for capital (INCLUDING TRANSFER OF FUNDS) this heading, not less than $55,000,000 shall be improvements related to broadcasting to the For an additional amount for ‘‘Economic made available for assistance for refugees in broader Middle East, $2,500,000, to remain Support Fund’’, $1,631,300,000, to remain Africa and to fulfill refugee protection goals available until September 30, 2006: Provided, available until September 30, 2006: Provided, set by the President for fiscal year 2005: Pro- That the amount provided under this head- That of the funds appropriated under this vided further, That the amount provided ing is designated as an emergency require- heading, $200,000,000 should be made avail- under this heading is designated as an emer- ment pursuant to section 402 of the con- able for programs, activities, and efforts to gency requirement pursuant to section 402 of ference report to accompany S. Con. Res. 95 support Palestinians, of which $50,000,000 the conference report to accompany S. Con. (108th Congress). should be made available for assistance for Res. 95 (108th Congress).

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3847 NONPROLIFERATION, ANTI-TERRORISM, such notifications shall be submitted no less struction of the San Diego border DEMINING AND RELATED PROGRAMS than five days prior to the obligation of fence, and for other purposes; which For an additional amount for ‘‘Non- funds: Provided further, That the amount pro- was ordered to lie on the table; as fol- proliferation, Anti-Terrorism, Demining and vided under this heading is designated as an lows: Related Programs’’, $22,979,156, to remain emergency requirement pursuant to section On page 172, strike ‘‘$592,000,000’’ and insert available until September 30, 2006, of which 402 of the conference report to accompany S. ‘‘$106,000,000’’. not to exceed $5,879,156, to remain available Con. Res. 95 (108th Congress). until expended, may be made available for GENERAL PROVISIONS, THIS CHAPTER SA 472. Mr. CHAMBLISS submitted the Nonproliferation and Disarmament VOLUNTARY CONTRIBUTION an amendment intended to be proposed Fund, notwithstanding any other provision SEC. 2101. Section 307(a) of the Foreign As- of law, to promote bilateral and multilateral by him to the bill H.R. 1268, making sistance Act of 1961, as amended (22 U.S.C. emergency supplemental appropria- activities relating to nonproliferation and 2227), is further amended by striking ‘‘Iraq,’’. disarmament: Provided, That the amount tions for the fiscal year ending Sep- provided under this heading is designated as REPORTING REQUIREMENT tember 30, 2005, to establish and rapidly an emergency requirement pursuant to sec- SEC. 2102. Not later than 60 days after the implement regulations for State driv- tion 402 of the conference report to accom- date of enactment of this Act, the President er’s license and identification docu- pany S. Con. Res. 95 (108th Congress). shall submit a report to the Congress detail- ment security standards, to prevent ing: (1) information regarding the Pales- FUNDS APPROPRIATED TO THE terrorists from abusing the asylum PRESIDENT tinian security services, including their numbers, accountability, and chains of com- laws of the United States, to unify ter- OTHER BILATERAL ASSISTANCE mand, and steps taken to purge from their rorism-related grounds for inadmis- GLOBAL WAR ON TERROR PARTNERS FUND ranks individuals with ties to terrorist enti- sibility and removal, to ensure expedi- (INCLUDING TRANSFER OF FUNDS) ties; (2) specific steps taken by the Pales- tious construction of the San Diego For necessary expenses to carry out the tinian Authority to dismantle the terrorist border fence, and for other purposes; purposes of the Foreign Assistance Act of infrastructure, confiscate unauthorized which was ordered to lie on the table; 1961 for responding to urgent economic sup- weapons, arrest and bring terrorists to jus- as follows: port requirements in countries supporting tice, destroy unauthorized arms factories, On page 231, between lines 3 and 4, insert the United States in the Global War on Ter- thwart and preempt terrorist attacks, and the following: ror, $15,677,749, to remain available until ex- cooperate with Israel’s security services; (3) SEC. 6047. Notwithstanding any other pro- specific actions taken by the Palestinian Au- pended: Provided, That these funds may be vision of law, beginning in fiscal year 2005 thority to stop incitement in Palestinian used only pursuant to a determination by and thereafter, none of the funds made avail- Authority-controlled electronic and print the President, and after consultation with able by this or any other Act shall be used to media and in schools, mosques, and other in- the Committees on Appropriations, that pay the salaries or expenses of any employee stitutions it controls, and to promote peace such use will support the global war on ter- of any agency or office to implement or en- and coexistence with Israel; (4) specific steps rorism to furnish economic assistance to force section 908(b)(1)(A) of the Trade Sanc- the Palestinian Authority has taken to en- partners on such terms and conditions as he tions Reform and Export Enhancement Act sure democracy, the rule of law, and an inde- may determine for such purposes, including of 2000 (22 U.S.C. 7207(b)(1)(A)) or any other pendent judiciary, and transparent and ac- funds on a grant basis as a cash transfer: Pro- provision of law in a manner other than a countable governance; (5) the Palestinian vided further, That funds made available manner that permits payment by the pur- Authority’s cooperation with United States under this heading may be transferred by the chaser of an agricultural commodity or prod- officials in investigations into the late Pal- Secretary of State to other Federal agencies uct to the seller, and receipt of the payment estinian leader Yasser Arafat’s finances; and or accounts to carry out the purposes under by the seller, at any time prior to— (6) the amount of assistance pledged and ac- this heading: Provided further, That upon a (1) the transfer of the title of the com- tually provided to the Palestinian Authority determination that all or part of the funds so modity or product to the purchaser; and by other donors: Provided, That not later transferred from this appropriation are not (2) the release of control of the commodity than 180 days after enactment of this Act, necessary for the purposes provided herein, or product to the purchaser. such amounts may be transferred back to the President shall submit to the Congress this appropriation: Provided further, That an update of this report: Provided further, SA 473. Mr. COCHRAN submitted an That up to $5,000,000 of the funds made avail- funds appropriated under this heading shall amendment intended to be proposed by be considered to be economic assistance able for assistance for the West Bank and under the Foreign Assistance Act of 1961 for Gaza by this chapter under ‘‘Economic Sup- him to the bill H.R. 1268, making emer- purposes of making available the adminis- port Fund’’ shall be used for an outside, inde- gency supplemental appropriations for trative authorities contained in the Act for pendent evaluation by an internationally the fiscal year ending September 30, the use of economic assistance: Provided fur- recognized accounting firm of the trans- 2005, to establish and rapidly imple- ther, That funds appropriated under this parency and accountability of Palestinian ment regulations for State driver’s li- heading shall be subject to the regular noti- Authority accounting procedures and an cense and identification document se- fication procedures of the Committees on audit of expenditures by the Palestinian Au- curity standards, to prevent terrorists thority. Appropriations, except that such notifica- from abusing the asylum laws of the tions shall be submitted no less than five (RESCISSION OF FUNDS) United States, to unify terrorism-re- days prior to the obligation of funds: Pro- SEC. 2103. The unexpended balance appro- vided further, That the amount provided lated grounds for inadmissibility and priated by Public Law 108–11 under the head- removal, to ensure expeditious con- under this heading is designated as an emer- ing ‘‘Economic Support Fund’’ and made gency requirement pursuant to section 402 of available for Turkey is rescinded. struction of the San Diego border the conference report to accompany S. Con. fence, and for other purposes; as fol- DEMOCRACY EXCEPTION Res. 95 (108th Congress). lows: SEC. 2104. Funds appropriated for fiscal MILITARY ASSISTANCE year 2005 under the heading ‘‘Economic Sup- On page 231, between lines 3 and 4, insert FUNDS APPROPRIATED TO THE port Fund’’ may be made available for de- the following: PRESIDENT mocracy and rule of law programs and ac- SEC. 6047. None of the funds made available FOREIGN MILITARY FINANCING PROGRAM tivities, notwithstanding the provisions of by this or any other Act may be used to deny the provision of assistance under section For an additional amount for ‘‘Foreign section 574 of division D of Public Law 108– 310B(a)(1) of the Consolidated Farm and Military Financing Program’’, $250,000,000: 447. Rural Development Act (7 U.S.C. 1932(a)(1)) Provided, That the amount provided under solely due to the failure of the Secretary of this heading is designated as an emergency SA 471. Mr. COBURN submitted an Labor to respond to a request to certify as- requirement pursuant to section 402 of the amendment intended to be proposed by sistance within the time period specified in conference report to accompany S. Con. Res. him to the bill H.R. 1268, Making emer- section 310B(d)(4) of that Act. 95 (108th Congress). gency supplemental appropriations for PEACEKEEPING OPERATIONS the fiscal year ending September 30, SA 474. Mr. CRAIG (for himself and For an additional amount for ‘‘Peace- 2005, to establish and rapidly imple- Mr. AKAKA) submitted an amendment keeping Operations’’, $210,000,000, to remain ment regulations for State driver’s li- intended to be proposed by him to the available until September 30, 2006, of which cense and identification document se- bill H.R. 1268, making emergency sup- $200,000,000 is for military and other security curity standards, to prevent terrorists plemental appropriations for the fiscal assistance to coalition partners in Iraq and Afghanistan: Provided, That funds appro- from abusing the asylum laws of the year ending September 30, 2005, to es- priated under this heading shall be subject to United States, to unify terrorism-re- tablish and rapidly implement regula- the regular notification procedures of the lated grounds for inadmissibility and tions for State driver’s license and Committees on Appropriations, except that removal, to ensure expeditious con- identification document security

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3848 CONGRESSIONAL RECORD — SENATE April 18, 2005 standards, to prevent terrorists from Cuba undertaken in connection with sales ble of use for the production of an agricul- abusing the asylum laws of the United and marketing, including the organization tural commodity or for grazing purposes (in States, to unify terrorism-related and participation in product exhibitions, and a manner consistent with the historical use grounds for inadmissibility and re- the transportation by sea or air of products of the land) as the result of flooding, as de- pursuant to the Trade Sanctions Reform and termined by the Secretary. moval, to ensure expeditious construc- Export Enhancement Act of 2000. (2) INCLUSIONS.—Land described in para- tion of the San Diego border fence, and (c) Notwithstanding any other provision of graph (1) shall include— for other purposes; which was ordered this Act, beginning in fiscal year 2005 and (A) land that has been flooded; to lie on the table; as follows: thereafter, none of the funds made available (B) land that has been rendered inacces- On page 157, strike line 17 and all that fol- by this Act shall be used to pay the salaries sible due to flooding; and lows through page 158, line 19, and insert the or expenses of any employee of any agency (C) a reasonable buffer strip adjoining the following: or office that restricts the direct transfers flooded land, as determined by the Sec- (e) SPOUSAL NOTIFICATION.—Section from a Cuban financial institution to a retary. 1967(a)(3)(B) of title 38, United States Code, is United States financial institution executed (3) ADMINISTRATION.—The Secretary may amended— in payment for a product authorized for sale establish— (1) by inserting ‘‘(i)’’ after ‘‘(B)’’; and under the Trade Sanctions Reform and Ex- (A) reasonable minimum acreage levels for (2) by adding at the end the following: port Enhancement Act of 2000. individual parcels of land for which owners ‘‘(ii) The Secretary shall make a good-faith may receive compensation under this sec- effort to notify the spouse of a member if the SA 476. Mr. BYRD submitted an tion; and member elects to— amendment intended to be proposed by (B) the location and area of adjoining ‘‘(I) change the amount of insurance cov- him to the bill H.R. 1268, Making emer- flooded land for which owners may receive erage under this subsection; or gency supplemental appropriations for compensation under this section. ‘‘(II) add a beneficiary other than the the fiscal year ending September 30, (c) SIGN-UP.—The Secretary shall establish spouse. a sign-up program for eligible owners to 2005, to establish and rapidly imple- apply for compensation from the Secretary ‘‘(iii) The failure of the Secretary to pro- ment regulations for State driver’s li- vide timely notification under clause (ii) under this section. shall not affect the validity of an election by cense and identification document se- (d) COMPENSATION PAYMENTS.— the member. curity standards, to prevent terrorists (1) IN GENERAL.—Subject to paragraphs (2) ‘‘(iv) If a servicemember marries or remar- from abusing the asylum laws of the and (3), the rate of an annual compensation ries after making an election under clause United States, to unify terrorism-repayment under this section shall be equal to (ii), the Secretary is not required to notify lated grounds for inadmissibility and 90 percent of the average annual per acre the spouse of such election. Elections made rental payment rate (at the time of entry removal, to ensure expeditious con- into the contract) for comparable crop or after marriage or remarriage are subject to struction of the San Diego border the notice requirement under clause (ii)’’. grazing land that has not been flooded and fence, and for other purposes; which remains in production in the county where SA 475. Mr. CRAIG (for himself, Mr. was ordered to lie on the table; as fol- the flooded land is located, as determined by the Secretary. BAUCUS, Mr. ROBERTS, and Mr. ENZI) lows: (2) REDUCTION.—An annual compensation submitted an amendment intended to On page 198, between lines 21 and 22, insert the following: payment under this section shall be reduced be proposed by him to the bill H.R. by the amount of any conservation program 1268, making emergency supplemental SEC. 5134. Of the amount provided to the Secretary of Agriculture under the Consoli- rental payments or Federal agricultural appropriations for the fiscal year end- dated Appropriations Act, 2005 (Public Law commodity program payments received by ing September 30, 2005, to establish and 108–447) for the Lost River Watershed the owner for the land during any crop year rapidly implement regulations for project, West Virginia, $4,000,000 shall be for which compensation is received under State driver’s license and identifica- transferred to the Upper Tygart Watershed this section. tion document security standards, to project, West Virginia, to be used under the (3) EXCLUSION.—During any year in which an owner receives compensation for flooded prevent terrorists from abusing the same terms and conditions under which funds for that project were appropriated in land under this section, the owner shall not asylum laws of the United States, to be eligible to participate in or receive bene- unify terrorism-related grounds for in- section 735 of the Consolidated Appropria- tions Act, 2004 (Public Law 108–199; 118 Stat. fits for the flooded land under— admissibility and removal, to ensure 36). (A) the Federal crop insurance program es- expeditious construction of the San tablished under the Federal Crop Insurance Diego border fence, and for other pur- SA 477. Mr. CONRAD submitted an Act (7 U.S.C. 1501 et seq.); poses; which was ordered to lie on the amendment intended to be proposed by (B) the noninsured crop assistance program table; as follows: him to the bill H.R. 1268, Making emer- established under section 196 of the Federal Agriculture Improvement and Reform Act of On page 231, between lines 3 and 4, insert gency supplemental appropriations for 1996 (7 U.S.C. 7333); or the following: the fiscal year ending September 30, (C) any Federal agricultural crop disaster On page 231, between lines 3 and 4, insert 2005, to establish and rapidly imple- assistance program. the following: ment regulations for State driver’s li- (e) RELATIONSHIP TO AGRICULTURAL COM- SEC. 6047. (a) Notwithstanding any other cense and identification document se- MODITY PROGRAMS.—The Secretary, by regu- provision of this Act, beginning in fiscal year curity standards, to prevent terrorists lation, shall provide for the preservation of 2005 and thereafter, none of the funds made cropland base, allotment history, and pay- available by this Act shall be used to pay the from abusing the asylum laws of the ment yields applicable to land described in salaries or expenses of any employee of any United States, to unify terrorism-re- subsection (a) that was rendered incapable of agency or office to implement or enforce sec- lated grounds for inadmissibility and use for the production of an agricultural tion 908(b)(1)(A) of the Trade Sanctions Re- removal, to ensure expeditious con- commodity or for grazing purposes as the reform and Export Enhancement Act of 2000 (22 struction of the San Diego border sult of flooding. U.S.C. 7207(b)(1)(A)) or any other provision of fence, and for other purposes; which (f) USE OF LAND.— law in a manner other than a manner that was ordered to lie on the table; as fol- (1) IN GENERAL.—An owner that receives permits payment by the purchaser of an ag- compensation under this section for flooded ricultural commodity or product to the sell- lows: land shall take such actions as are necessary er, and receipt of the payment by the seller, On page 231, between lines 3 and 4, insert to not degrade any wildlife habitat on the at any time prior to— the following: land that has naturally developed as a result (1) the transfer of the title of the com- SEC. 6047. FLOODED CROP AND GRAZING LAND. of the flooding. modity or product to the purchaser; and (a) IN GENERAL.—The Secretary of Agri- (2) RECREATIONAL ACTIVITIES.—To encour- (2) the release of control of the commodity culture shall compensate eligible owners of age owners that receive compensation for or product to the purchaser. flooded crop and grazing land in— flooded land to allow public access to and use (b) Notwithstanding any other provision of (1) the Devils Lake basin; and of the land for recreational activities, as de- this Act, beginning in fiscal year 2005 and (2) the McHugh, Lake Laretta, and Rose termined by the Secretary, the Secretary thereafter, none of the funds made available Lake closed drainage areas of the State of may— by this Act shall be used to pay the salaries North Dakota. (A) offer an eligible owner additional com- or expenses of any employee of any agency (b) ELIGIBILITY.— pensation; and or office that refuses to authorize the (1) IN GENERAL.—To be eligible to receive (B) provide compensation for additional issuance of a general license for travel-re- compensation under this section, an owner acreage under this section. lated transactions listed in subsection (c) of shall own land described in subsection (a) (g) FUNDING.— section 515.560 of title 31, Code of Federal that, during the 2 crop years preceding re- (1) IN GENERAL.—There is appropriated, out Regulations, for travel to, from, or within ceipt of compensation, was rendered incapa- of any money in the Treasury not otherwise

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3849 appropriated, to carry out this section available by this chapter under the heading for more than 179 consecutive days, full-time $20,000,000 for fiscal year 2005, to remain ‘‘OPERATION AND MAINTENANCE, ARMY RE- training or other full-time duty performed available until expended: Provided, That the SERVE’’, as increased by subsection (a), by such member during the 5-year period amounts made available by the transfer of $34,000,000 shall be available for assistance ending on the 180th day of such service under funds in or pursuant to this section are des- programs for members of the Army Reserve a provision of law referred to in the pre- ignated as an emergency requirement pursu- as follows: ceding sentence, while such member was in ant to section 402 of the conference report to (1) $17,600,000 shall be available for tuition the status as a member of the National accompany S. Con. Res. 95 (108th Congress). assistance programs as authorized by law. Guard, and for which such member was enti- (2) PRO-RATED PAYMENTS.—In a case in (2) $4,300,000 shall be available for the wel- tled to pay, is active service for the purposes which the amount made available under come home warrior-citizen program. of this section.’’. paragraph (1) for a fiscal year is insufficient (3) $6,500,000 shall be available for the con- to compensate all eligible owners under this duct of marriage workshops to assist mem- SA 482. Mrs. LINCOLN submitted an section, the Secretary shall pro-rate pay- bers of the Army Reserve. amendment intended to be proposed by ments for that fiscal year on a per acre basis. (4) $5,600,000 shall be available for family her to the bill H.R. 1268, Making emer- programs. gency supplemental appropriations for SA 478. Mr. BINGAMAN submitted an the fiscal year ending September 30, amendment intended to be proposed by SA 480. Ms. LANDRIEU submitted an 2005, to establish and rapidly imple- him to the bill H.R. 1268, Making emer- amendment intended to be proposed by ment regulations for State driver’s li- gency supplemental appropriations for her to the bill H.R. 1268, Making emer- cense and identification document se- the fiscal year ending September 30, gency supplemental appropriations for curity standards, to prevent terrorists 2005, to establish and rapidly imple- the fiscal year ending September 30, from abusing the asylum laws of the ment regulations for State driver’s li- 2005, to establish and rapidly imple- United States, to unify terrorism-re- cense and identification document se- ment regulations for State driver’s li- lated grounds for inadmissibility and curity standards, to prevent terrorists cense and identification document se- removal, to ensure expeditious con- from abusing the asylum laws of the curity standards, to prevent terrorists struction of the San Diego border United States, to unify terrorism-re- from abusing the asylum laws of the fence, and for other purposes; which lated grounds for inadmissibility and United States, to unify terrorism-re- was ordered to lie on the table; as fol- removal, to ensure expeditious con- lated grounds for inadmissibility and lows: struction of the San Diego border removal, to ensure expeditious con- On page 169, between lines 8 and 9, insert fence, and for other purposes; which struction of the San Diego border the following: was ordered to lie on the table; as fol- fence, and for other purposes; which REPORT ON IMPLEMENTATION OF POST DEPLOY- lows: was ordered to lie on the table; as fol- MENT STAND-DOWN PROGRAM BY ARMY NA- On page 201, after line 23, insert the follows: TIONAL GUARD lowing: On page 169, between lines 8 and 9, insert SEC. 1122. Not later than 60 days after the INDIAN HEALTH SERVICE the following: date of the enactment of this Act, the Sec- retary of the Army shall submit to the con- SEC. 5301. (a) In this section, the term TUITION ASSISTANCE PROGRAMS OF THE ARMY gressional defense committees a report con- ‘‘critical access facility’’ means a com- RESERVE taining the assessment of the Secretary of prehensive ambulatory care center that pro- SEC. 1122. (a) ADDITIONAL AMOUNT FOR OP- the feasibility and advisability of imple- vides services on a regional basis to Native ERATION AND MAINTENANCE, ARMY RESERVE.— menting for the Army National Guard a pro- Americans in Albuquerque, New Mexico, and The amount appropriated by this chapter gram similar to the Post Deployment Stand- surrounding areas. under the heading ‘‘OPERATION AND MAINTE- Down Program of the Air National Guard. (b) The Albuquerque Indian Health Center NANCE, ARMY RESERVE’’ is hereby increased The Secretary of the Army shall prepare the (also known as the ‘‘Albuquerque Indian Hos- by $17,600,000, with the amount of such in- assessment in consultation with the Sec- pital’’) is designated as a critical access fa- crease designated as an emergency require- retary of the Air Force. cility. ment pursuant to section 402 of the con- (c) There is authorized to be appropriated ference report to accompany S. Con. Res. 95 SA 483. Mr. BINGAMAN submitted an for the Albuquerque Indian Health Center (108th Congress). amendment intended to be proposed by $8,000,000 for fiscal year 2006. (b) AVAILABILITY OF FUNDS.—Of the amount appropriated or otherwise made him to the bill H.R. 1268, Making emer- SA 479. Ms. LANDRIEU submitted an available by this chapter under the heading gency supplemental appropriations for amendment intended to be proposed by ‘‘OPERATION AND MAINTENANCE, ARMY RE- the fiscal year ending September 30, her to the bill H.R. 1268, Making emer- SERVE’’, as increased by subsection (a), 2005, to establish and rapidly imple- gency supplemental appropriations for $17,600,000 shall be available for tuition as- ment regulations for State driver’s li- the fiscal year ending September 30, sistance programs for members of the Army cense and identification document se- Reserve as authorized by law. 2005, to establish and rapidly imple- curity standards, to prevent terrorists from abusing the asylum laws of the ment regulations for State driver’s li- SA 481. Mrs. LINCOLN (for herself United States, to unify terrorism-re- cense and identification document se- and Mr. PRYOR) submitted an amend- lated grounds for inadmissibility and curity standards, to prevent terrorists ment intended to be proposed by her to removal, to ensure expeditious con- from abusing the asylum laws of the the bill H.R. 1268, Making emergency struction of the San Diego border United States, to unify terrorism-re- supplemental appropriations for the fence, and for other purposes; as fol- lated grounds for inadmissibility and fiscal year ending September 30, 2005, lows: removal, to ensure expeditious con- to establish and rapidly implement struction of the San Diego border regulations for State driver’s license On page 202, strike line 24, and insert ‘‘$65,000,000, to remain available until Sep- fence, and for other purposes; which and identification document security was ordered to lie on the table; as fol- tember 30, 2006, of which $5,000,000 shall be standards, to prevent terrorists from made available for costs associated with in- lows: abusing the asylum laws of the United creases in immigration-related filings in dis- On page 169, between lines 8 and 9, insert States, to unify terrorism-related trict courts near the southwestern border of the following: grounds for inadmissibility and re- the United States:’’. ASSISTANCE PROGRAMS FOR MEMBERS OF THE moval, to ensure expeditious construc- Mr. SCHUMER submitted an ARMY RESERVE tion of the San Diego border fence, and SA 484. amendment intended to be proposed by SEC. 1122. (a) ADDITIONAL AMOUNT FOR OP- for other purposes; as follows: ERATION AND MAINTENANCE, ARMY RESERVE.— him to the bill H.R. 1268, Making emer- On page 169, between lines 8 and 9, insert The amount appropriated by this chapter gency supplemental appropriations for the following: under the heading ‘‘OPERATION AND MAINTE- the fiscal year ending September 30, NANCE, ARMY RESERVE’’ is hereby increased ACCUMULATION OF LEAVE BY MEMBERS OF THE 2005, to establish and rapidly imple- NATIONAL GUARD by $34,000,000, with the amount of such in- ment regulations for State driver’s li- crease designated as an emergency require- SEC. 1122. Section 701(a) of title 10, United cense and identification document se- ment pursuant to section 402 of the con- States Code, is amended by adding at the end ference report to accompany S. Con. Res. 95 the following new sentence: ‘‘In the case of a curity standards, to prevent terrorists (108th Congress). member of the Army National Guard of the from abusing the asylum laws of the (b) AVAILABILITY OF FUNDS.—Of the United States or the Air National Guard of United States, to unify terrorism-re- amount appropriated or otherwise made the United States who serves on active duty lated grounds for inadmissibility and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3850 CONGRESSIONAL RECORD — SENATE April 18, 2005 removal, to ensure expeditious con- United Nations to seek an immediate end to CONSTRUCTION struction of the San Diego border the persistent and deplorable inequality ex- For an additional amount for ‘‘Construc- fence, and for other purposes; which perienced by Israel in the United Nations; tion’’, $41,500,000, to remain available until was ordered to lie on the table; as fol- (2) Israel should be afforded the benefits of expended: Provided, That the amount pro- lows: full membership in the Western European vided under this heading is designated as an and Others Group at the United Nations and emergency requirement pursuant to section On page 152, line 2, strike ‘‘ ‘$43,000,000’’’ such membership would permit Israel to par- 402 of the conference report to accompany S. and insert ‘‘ ‘$75,000,000’: Provided, That the ticipate fully in the United Nations system Con. Res. 95 (108th Congress). Secretary of Defense is encouraged in the and would serve the interests of the United REDUCTION IN FUNDING consideration of the use of such amount to States; and The amount appropriated by title II for give priority to the procurement of man- (3) the Secretary should submit to Con- portable air defense (MANPAD) systems’’. ‘‘Contributions to International Peace- gress, on a regular basis, a report that de- keeping Activities’’ is hereby reduced by scribes actions taken by the United States SA 485. Mr. DAYTON submitted an $146,951,000 and the total amount appro- Government to encourage the member states amendment intended to be proposed by priated by title II is hereby reduced by of the Western European and Others Group $146,951,000. him to the bill H.R. 1268, Making emer- to accept Israel as a full member of such gency supplemental appropriations for Group and the responses of such member SA 488. Mr. MCCONNELL submitted the fiscal year ending September 30, states to those actions. 2005, to establish and rapidly imple- an amendment intended to be proposed ment regulations for State driver’s li- SA 486. Mr. DOLE (for herself and Mr. by him to the bill H.R. 1268, making cense and identification document se- BURR) submitted an amendment in- emergency supplemental appropria- curity standards, to prevent terrorists tended to be proposed by him to the tions for the fiscal year ending Sep- from abusing the asylum laws of the bill H.R. 1268, Making emergency sup- tember 30, 2005, to establish and rapidly United States, to unify terrorism-re- plemental appropriations for the fiscal implement regulations for State driv- lated grounds for inadmissibility and year ending September 30, 2005, to es- er’s license and identification docu- removal, to ensure expeditious con- tablish and rapidly implement regula- ment security standards, to prevent struction of the San Diego border tions for State driver’s license and terrorists from abusing the asylum fence, and for other purposes; which identification document security laws of the United States, to unify ter- was ordered to lie on the table; as fol- standards, to prevent terrorists from rorism-related grounds for inadmis- lows: abusing the asylum laws of the United sibility and removal, to ensure expedi- On page 231, between lines 3 and 4, insert States, to unify terrorism-related tious construction of the San Diego the following: grounds for inadmissibility and re- border fence, and for other purposes; SENSE OF CONGRESS ON MEMBERSHIP OF ISRAEL moval, to ensure expeditious construc- which was ordered to lie on the table; IN THE WESTERN EUROPEAN AND OTHERS tion of the San Diego border fence, and as follows: GROUP AT THE UNITED NATIONS for other purposes; which was ordered On page 183, line 23 after the period insert SEC. 6047. (a) Congress makes the following to lie on the table; as follows: the following: findings: CANDIDATE COUNTRIES (1) The election of member states of the On page 204, between lines 4 and 5, insert SEC. ll. Section 616(b)(1) of the Millen- United Nations to the major bodies of the the following: nium Challenge Act of 2003 (Public Law 108– United Nations is determined by groups or- CHAPTER 5 199) is amended— ganized within the United Nations, most of DEPARTMENT OF DEFENSE (1) by striking ‘‘subparagraphs (A) and (B) which are organized on a regional basis. MANTEO (SHALLOWBAG) BAY, NORTH CAROLINA of section 606(a)(1)’’; and, (2) Israel has been refused admission to the (2) inserting in lieu thereof ‘‘subsection (a) OPERATIONS AND MAINTENANCE group comprised of member states from the or (b) of section 606’’. Asian geographical region of the United Na- For an additional amount to the Secretary tions and is the only member state of the of the Army, acting through the Chief of En- SA 489. Mr. DURBIN submitted an United Nations that remains outside its ap- gineers, for activities of the Corps of Engi- amendment intended to be proposed by propriate geographical region, and is thus neers at Manteo (Shallowbag) Bay, North him to the bill H.R. 1268, making emer- denied full participation in the day-to-day Carolina, $6,500,000, to remain available until work of the United Nations. expended: Provided, That the amounts pro- gency supplemental appropriations for (3) On May 30, 2000, Israel accepted an invi- vided under this heading are designated as the fiscal year ending September 30, tation to become a temporary member of the an emergency requirement pursuant to sec- 2005, to establish and rapidly imple- Western European and Others Group of the tion 402 of the conference report to accom- ment regulations for State driver’s li- United Nations. pany S. Con. Res. 95 (108th Congress). cense and identification document se- (4) On May 21, 2004, Israel’s membership to curity standards, to prevent terrorists the Western European and Others Group was SA 487. Mr. ENSIGN submitted an from abusing the asylum laws of the extended indefinitely. amendment intended to be proposed by United States, to unify terrorism-re- (5) Israel is only allowed to participate in him to the bill H.R. 1268, Making emer- limited activities of the Western European lated grounds for inadmissibility and gency supplemental appropriations for removal, to ensure expeditious con- and Others Group in the New York office of the fiscal year ending September 30, the United Nations, is excluded from discus- struction of the San Diego border sions and consultations of the Group at the 2005, to establish and rapidly imple- fence, and for other purposes; which United Nations offices in Geneva, Nairobi, ment regulations for State driver’s li- was ordered to lie on the table; as fol- Rome, and Vienna, and, may not participate cense and identification document se- lows: in United Nations conferences on human curity standards, to prevent terrorists On page 194, line 9, after the colon insert rights, racism, or other issues held in such from abusing the asylum laws of the the following: locations. United States, to unify terrorism-re- (6) Membership in the Western European Provided further, That of the funds appro- lated grounds for inadmissibility and priated under this heading, not less than and Others Group includes the non-European removal, to ensure expeditious con- countries of Canada, Australia, and the $10,000,000 shall be made available for pro- United States. struction of the San Diego border grams and activities which create new eco- (7) Israel is linked to the member states of fence, and for other purposes; which nomic opportunities for women: was ordered to lie on the table; as fol- the Western European and Others Group by Mr. LEAHY submitted an strong economic, political, and cultural ties. lows: SA 490. amendment intended to be proposed by (8) The Western European and Others On page 191, after line 25, insert the fol- Group, the only regional group of the United lowing: him to the bill H.R. 1268, making emer- Nations that is not purely geographical, is gency supplemental appropriations for CUSTOMS AND BORDER PROTECTION comprised of countries that share a western the fiscal year ending September 30, democratic tradition. SALARIES AND EXPENSES 2005, to establish and rapidly imple- (9) Israel is a free and democratic country For an additional amount for ‘‘Salaries ment regulations for State driver’s li- and its voting pattern in the United Nations and Expenses’’, for hiring border patrol cense and identification document se- agents, $105,451,000: Provided, That the is consistent with that of the member states curity standards, to prevent terrorists of the Western European and Others Group. amount provided under this heading is des- (b) It is the sense of Congress that— ignated as an emergency requirement pursu- from abusing the asylum laws of the (1) the President should direct the United ant to section 402 of the conference report to United States, to unify terrorism-re- States Permanent Representative to the accompany S. Con. Res. 95 (108th Congress). lated grounds for inadmissibility and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3851 removal, to ensure expeditious con- Provided further, That the President is is inclusive and democratic in which construction of the San Diego border hereby authorized to defer and reschedule for stitutional rights are protected, and govern- fence, and for other purposes; which such period as he may deem appropriate any ment policies that improve the lives of the was ordered to lie on the table; as fol- amounts owed to the United States or any Nepalese people. agency of the United States by those coun- (b) Now therefore, be it lows: tries significantly affected by the tsunami Resolved, that it is the Sense of the Senate At the appropriate place in the bill, insert and earthquakes of December 2004, including that King Gyanendra should immediately re- the following: the Republic of Indonesia, the Republic of lease all political detainees, restore con- PROTECTION OF THE GALAPAGOS Maldives and the Democratic Socialist Re- stitutional liberties, and undertake good SEC. . (a) FINDINGS.—The Senate makes public of Sri Lanka: Provided further, That faith negotiations with the leaders of Nepal’s the following findings— of the funds appropriated under this heading, political parties to restore democracy. (1) The Galapagos Islands are a global up to $45,000,000 may be made available for treasure and World Heritage Site, and the fu- the modification costs, as defined in section SA 493. Mr. LEAHY submitted an ture of the Galapagos is in the hands of the 502 of the Congressional Budget Act of 1974, amendment intended to be proposed by Government of Ecuador; if any, associated with any deferral and re- him to the bill H.R. 1268, Making emer- (2) The world depends on the Government scheduling authorized under this heading: gency supplemental appropriations for of Ecuador to implement the necessary poli- Provided further, That such amounts shall the fiscal year ending September 30, cies and programs to ensure the long term not be considered ‘‘assistance’’ for the pur- 2005, to establish and rapidly imple- protection of the biodiversity of the Gala- poses of provisions of law limiting assistance ment regulations for State driver’s li- pagos, including enforcing the Galapagos to any such affected country: cense and identification document se- Special Law; (3) There are concerns with the current SA 492. Mr. LEAHY submitted an curity standards, to prevent terrorists leadership of the Galapagos National Park amendment intended to be proposed by from abusing the asylum laws of the Service and that the biodiversity of the Ga- him to the bill H.R. 1268, Making emer- United States, to unify terrorism-re- lapagos and the Marine Reserve are not gency supplemental appropriations for lated grounds for inadmissibility and being properly managed or adequately pro- the fiscal year ending September 30, removal, to ensure expeditious con- tected; and struction of the San Diego border (4) The Government of Ecuador has report- 2005, to establish and rapidly imple- edly given preliminary approval for commer- ment regulations for State driver’s li- fence, and for other purposes; which cial airplane flights to the Island of Isabela, cense and identification document se- was ordered to lie on the table; as fol- which may cause irreparable harm to the curity standards, to prevent terrorists lows: biodiversity of the Galapagos, and has al- from abusing the asylum laws of the On page 176, line 12, after the colon insert lowed the export of fins from sharks caught United States, to unify terrorism-re- the following: Provided further, That of the funds appro- accidentally in the Marine Reserve, which lated grounds for inadmissibility and encourages illegal fishing. priated under this heading, not less than (b) Whereas, now therefore, be it removal, to ensure expeditious con- $5,000,000 shall be made available for assist- Resolved, That— struction of the San Diego border ance for families and communities of Afghan (1) the Senate strongly encourages the fence, and for other purposes; as fol- civilians who have suffered losses as a result Government of Ecuador to— lows: of the military operations: (A) refrain from taking any action that On page 183, line 23, add the following new At the appropriate place in the bill, insert could cause harm to the biodiversity of the section: the following: Galapagos or encourage illegal fishing in the MARLA RUZICKA IRAQI WAR VICTIMS FUND NEPAL Marine Reserve; SEC. . Of the funds appropriated by chap- (B) abide by the agreement to select the SEC. (a) FINDINGS.—The Senate makes the ter 2 of title II of PL 108–106 under the head- Directorship of the Galapagos National Park following findings— ing ‘‘Iraq Relief and Reconstruction Fund’’, Service though a transparent process based That, on February 1, 2005, Nepal’s King not less than $30,000,000 shall be made avail- on merit as previously agreed by the Govern- Gyanendra dissolved the multi-party govern- able for assistance for families and commu- ment of Ecuador, international donors, and ment, suspended constitutional liberties, and nities of Iraqi civilians who have suffered nongovernmental organizations; and arrested political party leaders, human losses as a result of the military operations: (C) enforce the Galapagos Special Law in rights activists and representatives of civil Provided, That such assistance shall be des- its entirety, including the governance struc- society organizations. ignated as the ‘‘Marla Ruzicka Iraqi War ture defined by the law to ensure effective That, despite condemnation of the King’s Victims Fund’’. control of migration to the Galapagos and actions and the suspension of military aid to sustainable fishing practices, and prohibit Nepal by India and Great Britain, and simi- SA 494. Mr. BIDEN submitted an long-line fishing which threatens the sur- lar steps by the United States, the King has amendment intended to be proposed by vival of shark and marine turtle populations. refused to restore constitutional liberties (2) The Department of State should— and democracy. him to the bill H.R. 1268, Making emer- (A) emphasize to the Government of Ecua- That, there are concerns that the King’s gency supplemental appropriations for dor the importance the United States gives actions will strengthen Nepal’s Maoist Insur- the fiscal year ending September 30, to these issues; and gency. 2005, to establish and rapidly imple- (B) offer assistance to implement the nec- That, while some political leaders have ment regulations for State driver’s li- essary policies and programs to ensure the been released from custody, there have been cense and identification document se- long term protection of the biodiversity of new arrests of human rights activists and curity standards, to prevent terrorists the Galapagos and the Marine Reserve and to representatives of other civil society organi- from abusing the asylum laws of the sustain the livelihoods of the Galapagos pop- zations. ulation who depend on the marine ecosystem That, the King has thwarted efforts of United States, to unify terrorism-re- for survival. members of the National Human Rights lated grounds for inadmissibility and Commission to conduct monitoring activi- removal, to ensure expeditious con- SA 491. MCCONNELL submitted an ties, but recently agreed to permit the struction of the San Diego border amendment intended to be proposed by United Nations High Commissioner for fence, and for other purposes; which him to the bill H.R. 1268, Making emer- Human Rights to open an office in Katmandu was ordered to lie on the table; as fol- gency supplemental appropriations for to monitor and investigate violations. lows: That, the Maoists have committed atroc- the fiscal year ending September 30, On page 231, between lines 3 and 4, insert 2005, to establish and rapidly imple- ities agamst civilians and poses a threat to democracy in Nepal. the following: ment regulations for State driver’s li- That, the Nepalese Army has also com- REPORTING REQUIREMENTS ON SPENDING ON cense and identification document se- mitted gross violations of human rights. RECONSTRUCTION IN IRAQ curity standards, to prevent terrorists That, King Gyanendra has said that he in- SEC. 6047. (a) Subsection (a) of section 2207 from abusing the asylum laws of the tends to pursue a military strategy against of the Emergency Supplemental Appropria- United States, to unify terrorism-re- the Maoists. tions Act for Defense and for the Reconstruc- lated grounds for inadmissibility and That, Nepal needs an effective military tion of Iraq and Afghanistan, 2004 (Public removal, to ensure expeditious con- strategy to counter the Maoists and pressure Law 108–106; 22 U.S.C. 2151 note) is amended— (1) in the matter preceding paragraph (1), struction of the San Diego border ry them to negotiate an end to the conflict, but such a strategy must include the Nepa- by striking ‘‘the Committees on Appropria- fence, and for other purposes; as fol- lese Anny’s respect for the human rights and tions’’ and inserting ‘‘the Committee on Ap- lows: dignity of the Nepalese people. propriations, the Committee on Armed Serv- On page 194, line 19 after the colon insert That, an effective strategy to counter the ices, and the Committee on Foreign Rela- the following: Maoists also requires a political process that tions of the Senate, and the Committee on

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3852 CONGRESSIONAL RECORD — SENATE April 18, 2005 Appropriations, the Committee on Armed percent of the funds described in this section struction of the San Diego border Services, and the Committee on Inter- are expended’’. fence, and for other purposes; as fol- national Relations of the House of Rep- (d) Such section is further amended by add- lows: resentatives, and make available to the pub- ing at the end the following new subsections: At the appropriate place, insert the fol- lic on the Department of State’s website’’; ‘‘(e) The Administrator of the United lowing: and States Agency for International Develop- (2) by inserting after paragraph (4) the fol- ment shall work with the government of Iraq SEC. ll. TECHNICAL CORRECTION TO THE MEDICARE HEALTH CARE INFRA- lowing new paragraphs: to conduct and include in each report or up- STRUCTURE IMPROVEMENT PRO- ‘‘(5) The number and costs of projects date submitted under this section, a quar- GRAM. started and completed by governorate and terly standardized household survey, with a (a) IN GENERAL.—Section 1897(c) of the So- sector, and a list of projects expected to be representative sample at the provincial level cial Security Act (42 U.S.C. 1395hhh(c)) is completed within the next quarter. in Iraq, to assess the availability and access amended— ‘‘(6) A strategy for using reconstruction to certain essential services in Iraq, includ- (1) in paragraph (2)— funds to develop Iraq’s governing capacity, ing, at a minimum, the following services: (A) in the matter preceding subparagraph including— ‘‘(1) Health services. (A), by inserting ‘‘or an entity described in ‘‘(A) a description of the governing capac- ‘‘(2) Education. paragraph (3)’’ after ‘‘means a hospital’’; and ity of the Iraqi government ministries, the ‘‘(3) Electricity. (B) in subparagraph (B)— standards used to measure that capacity, ‘‘(4) Potable water. (i) by inserting ‘‘legislature’’ after ‘‘State’’ and how reconstruction funds are helping to ‘‘(5) Sewage. the first place it appears; and develop that capacity; ‘‘(6) Solid waste removal. (ii) by inserting ‘‘and such designation by ‘‘(B) a description of how projects will lead ‘‘(7) Law enforcement. the State legislature occurred prior to De- to material benefits to the Iraqi people; ‘‘(8) Transportation. cember 8, 2003’’ before the period at the end; ‘‘(C) the proportion of reconstruction ‘‘(9) Communications. and funds, by sector, spent on training Iraqi civil ‘‘(f) The Secretary of State shall have each (2) by adding at the end the following new servants and public sector employees; report or update submitted under this sec- paragraph: ‘‘(D) a description of the training curricula tion translated into Arabic, posted on the ‘‘(3) ENTITY DESCRIBED.—An entity de- and goals; website of the United States embassy in scribed in this paragraph is an entity that— ‘‘(E) the number of Iraqi civil servants and Baghdad, and made available to the Govern- ‘‘(A) is described in section 501(c)(3) of the public sector employees receiving training, ment of Iraq.’’. Internal Revenue Code of 1986 and exempt including technical, financial or managerial from tax under section 501(a) of such Code; training; and SA 495. Mrs. BOXER submitted an ‘‘(B) has at least 1 existing memorandum ‘‘(F) the efforts made to reduce corruption amendment intended to be proposed by of understanding or affiliation agreement in the performance of these funds and in the her to the bill H.R. 1268, making emer- with a hospital located in the State in which Iraqi government ministries. gency supplemental appropriations for the entity is located; and ‘‘(7) Information on employment created ‘‘(C) retains clinical outpatient treatment using such funds, including— the fiscal year ending September 30, 2005, to establish and rapidly imple- for cancer on site as well as lab research and ‘‘(A) the average number of Iraqi citizens education and outreach for cancer in the employed, by governorate, during the pre- ment regulations for State driver’s li- same facility.’’. ceding 3 months; cense and identification document se- (b) LIMITATION ON REVIEW.—Section 1897 of ‘‘(B) the average number of United States curity standards, to prevent terrorists the Social Security Act (42 U.S.C. 1395hhh(c)) citizens employed during the preceding 3 from abusing the asylum laws of the is amended by adding at the end the fol- months; United States, to unify terrorism-re- lowing new subsection: ‘‘(C) the average number of citizens of lated grounds for inadmissibility and ‘‘(i) LIMITATION ON REVIEW.—There shall be other countries employed during the pre- no administrative or judicial review of any ceding 3 months; removal, to ensure expeditious con- determination made by the Secretary under ‘‘(D) the proportion of total salary pay- struction of the San Diego border this section.’’. ments to Iraqi citizens during the preceding fence, and for other purposes; which (c) EFFECTIVE DATE.—The amendments 3 months; and was ordered to lie on the table; as fol- made by this section shall take effect as if ‘‘(E) the proportion and value of sub- lows: included in the enactment of section 1016 of contracts awarded to Iraqi firms, by sector. the Medicare Prescription Drug, Improve- At the appropriate place, insert the fol- ‘‘(8) Data on reconstruction spending by ment, and Modernization Act of 2003 (Public lowing: governorate, including a description of the Law 108–173; 117 Stat. 2447). role of municipal or local councils and pro- DEPLOYMENT OF WARLOCK SYSTEMS AND OTHER vincial governments in determining recon- FIELD JAMMING SYSTEMS SA 497. Ms. MIKULSKI (for herself struction priorities and the proportion of SEC. —. (a) ADDITIONAL AMOUNT FOR OTHER and Mr. CORZINE) submitted an amend- funds programmed in direct consultation PROCUREMENT, ARMY.—The amount appro- ment intended to be proposed by her to with such institutions. priated under the heading ‘‘OTHER PROCURE- the bill H.R. 1298, to amend title XVIII ‘‘(9) The costs of security in the use of such MENT, ARMY’’ is hereby increased by of the Social Security Act to improve $35,000,000, with the amount of such increase funds, including— the benefits under the Medicare Pro- ‘‘(A) security subcontractor costs and designated as an emergency requirement physical and ongoing security costs; pursuant to section 402 of the conference re- gram for beneficiaries with kidney dis- ‘‘(B) indirect costs, such as construction port to accompany S. Con. Res. 95 (108th ease, and for other purposes; which was delays lost to security concerns; Congress). ordered to lie on the table; as follows: ‘‘(C) insurance costs; and (b) AVAILABILITY OF FUNDS.—Of the On page 162, between lines 22 and 23, insert ‘‘(D) the extent to which insurgent activity amount appropriated or otherwise made the following: has resulted in projects requiring additional available under the heading ‘‘OTHER PRO- (5) TREATMENT.—Any payment made under reconstruction. CUREMENT, ARMY’’, as increased by sub- this subsection shall be treated as a payment ‘‘(10) The status of international recon- section (a), $60,000,000 shall be available of a death gratuity payable under chapter 75 struction assistance to Iraq and how such as- under the Tactical Intelligence and Related of title 10, United States Code. sistance is coordinated with United States Activities (TIARA) program to facilitate the efforts. rapid deployment of Warlock systems and SA 498. Mr. WARNER (for himself, ‘‘(11) Estimates of public and private debt other field jamming systems. Mr. NELSON of Florida, Mr. ALLEN, and owed by the Government of Iraq, Mr. TALENT) submitted an amendment disaggregated by lender country, and efforts SA 496. Mr. REID submitted an intended to be proposed by him to the made to reduce such debt.’’. amendment intended to be proposed by bill H.R. 1268, Making emergency sup- (b) Subsection (c) of such section is amend- him to the bill H.R. 1268, making emer- plemental appropriations for the fiscal ed by striking ‘‘the Committees on Appro- priations’’ and inserting ‘‘the Committee on gency supplemental appropriations for year ending September 30, 2005, to es- Appropriations, the Committee on Armed the fiscal year ending September 30, tablish and rapidly implement regula- Services, and the Committee on Foreign Re- 2005, to establish and rapidly imple- tions for State driver’s license and lations of the Senate, and the Committee on ment regulations for State driver’s li- identification document security Appropriations, the Committee on Armed cense and identification document se- standards, to prevent terrorists from Services, and the Committee on Inter- curity standards, to prevent terrorists abusing the asylum laws of the United national Relations of the House of Rep- from abusing the asylum laws of the States, to unify terrorism-related resentatives’’. (c) Subsection (d) of such section is amend- United States, to unify terrorism-re- grounds for inadmissibility and reed by striking ‘‘on October 1, 2007’’ and in- lated grounds for inadmissibility and moval, to ensure expeditious construc- serting ‘‘90 days after the date on which 100 removal, to ensure expeditious con- tion of the San Diego border fence, and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3853 for other purposes; which was ordered (1) The date that is 180 days after the date CHAPTER ll to lie on the table; as follows: of the submittal to Congress of the quadren- ELECTION REFORM nial defense review required in 2005 under On page 169, between lines 8 and 9, insert ELECTION ASSISTANCE COMMISSION the following: section 118 of title 10, United States Code. (2) The date on which the Secretary of De- ELECTION REFORM PROGRAMS AIRCRAFT CARRIERS OF THE NAVY fense, in consultation with the Chairman of For necessary expenses to carry out a pro- SEC. 1122. (a) FUNDING FOR REPAIR AND the Joint Chiefs of Staff, certifies to Con- gram of requirements payments to States as MAINTENANCE OF U.S.S. JOHN F. KENNEDY.— gress that such agreements have been en- authorized by section 257 of the Help Amer- Of the amount appropriated to the Depart- tered into to provide port facilities for the ica Vote Act of 2002, $727,000,000, to remain ment of the Navy by this Act, necessary permanent forward deployment of such num- available until expended: Provided, That the funding will be made available for such re- bers of aircraft carriers as are necessary in entire amount is designated as an emergency pair and maintenance of the U.S.S. John F. the Pacific Command Area of Responsibility requirement pursuant to section 402 of the Kennedy as the Navy considers appropriate to fulfill the roles and missions of that Com- conference report to accompany S. Con. Res. to extend the life of U.S.S. John F. Kennedy. mand, including agreements for the forward 95 (108th Congress). (b) LIMITATION ON REDUCTION IN NUMBER OF deployment of a nuclear aircraft carrier DEPARTMENT OF HEALTH AND HUMAN ACTIVE AIRCRAFT CARRIERS.—No funds appro- after the retirement of the current two con- SERVICES priated or otherwise made available by this ventional aircraft carriers. DISABLED VOTER SERVICES Act may be obligated or expended to reduce (c) ACTIVE AIRCRAFT CARRIERS.—For pur- the number of active aircraft carriers of the For necessary expenses to carry out proposes of this section, an active aircraft car- Navy below 12 active aircraft carriers until grams as authorized by the Help America rier of the Navy includes an aircraft carrier the later of the following: Vote Act of 2002, $95,000,000, to remain avail- that is temporarily unavailable for world- (1) The date that is 180 days after the date able until expended: Provided, That the en- wide deployment due to routing or scheduled of the submittal to Congress of the quadren- tire amount is designated as an emergency maintenance. nial defense review required in 2005 under requirement pursuant to section 402 of the section 118 of title 10, United States Code. conference report to accompany S. Con. Res. 95 (108th Congress). (2) The date on which the Secretary of De- SA 500. Mrs. HUTCHISON submitted fense, in consultation with the Chairman of an amendment intended to be proposed the Joint Chiefs of Staff, certifies to Con- SA 502. Mr. DODD submitted an by her to the bill H.R. 1268, Making amendment intended to be proposed by gress that such agreements have been en- emergency supplemental appropria- tered into to provide port facilities for the him to the bill H.R. 1268, Making emer- permanent forward deployment of such num- tions for the fiscal year ending Sep- gency supplemental appropriations for bers of aircraft carriers as are necessary in tember 30, 2005, to establish and rapidly the fiscal year ending September 30, the Pacific Command Area of Responsibility implement regulations for State driv- 2005, to establish and rapidly imple- to fulfill the roles and missions of that Com- er’s license and identification document regulations for State driver’s li- mand, including agreements for the forward ment security standards, to prevent cense and identification document se- deployment of a nuclear aircraft carrier terrorists from abusing the asylum after the retirement of the current two con- curity standards, to prevent terrorists laws of the United States, to unify ter- from abusing the asylum laws of the ventional aircraft carriers. rorism-related grounds for inadmis- (c) ACTIVE AIRCRAFT CARRIERS.—For pur- United States, to unify terrorism-re- poses of this section, an active aircraft car- sibility and removal, to ensure expedi- lated grounds for inadmissibility and rier of the Navy includes an aircraft carrier tious construction of the San Diego removal, to ensure expeditious con- that is temporarily unavailable for world- border fence, and for other purposes; struction of the San Diego border wide deployment due to routing or scheduled which was ordered to lie on the table; fence, and for other purposes; which maintenance. as follows: was ordered to lie on the table; as fol- SA 499. Mr. WARNER (for himself, On page 204, between lines 4 and 5, insert lows: Mr. NELSON of Florida, Mr. ALLEN, Mr. the following: On page 169, between lines 8 and 9, insert TALENT, Ms. COLLINS, and Mr. MAR- CHAPTER 5 the following: TINEZ) submitted an amendment in- MEDICAL SUPPORT FOR TACTICAL UNITS DEPARTMENT OF DEFENSE tended to be proposed by him to the SEC. 1122. Of the amount appropriated or bill H.R. 1268, Making emergency sup- HOUSTON-GALVESTON NAVIGATION CHANNELS, otherwise made available by this chapter plemental appropriations for the fiscal TEXAS under the heading ‘‘OPERATION AND MAINTE- year ending September 30, 2005, to es- NANCE, ARMY’’, up to $11,500,000 may be avail- CONSTRUCTION able for— tablish and rapidly implement regula- For an additional amount to the Secretary (1) the replenishment of medical supply tions for State driver’s license and of the Army, acting through the Chief of En- and equipment needs within the combat the- identification document security gineers, for construction at the Houston-Gal- aters of the Army, including bandages and standards, to prevent terrorists from veston Navigation Channels, Texas, other blood-clotting supplies that utilize he- abusing the asylum laws of the United $10,000,000, to remain available until ex- mostatic, wound-dressing technologies; and States, to unify terrorism-related pended: Provided, That the amounts provided (2) the provision of medical care for mem- grounds for inadmissibility and re- under this heading are designated as an bers of the Army who have returned to the moval, to ensure expeditious construc- emergency requirement pursuant to section United States from a combat theater and are in a medical holdover status. tion of the San Diego border fence, and 402 of the conference report to accompany S. Con. Res. 95 (108th Congress). for other purposes; as follows: SA 503. Mr. DURBIN (for himself, Mr. On page 169, between lines 8 and 9, insert LEVIN, and Mr. KENNEDY) submitted an the following: SA 501. Mr. DODD submitted an amendment intended to be proposed by AIRCRAFT CARRIERS OF THE NAVY amendment intended to be proposed by him to the bill H.R. 1268, Making emer- him to the bill H.R. 1268, Making emer- SEC. 1122. (a) FUNDING FOR REPAIR AND gency supplemental appropriations for MAINTENANCE OF U.S.S. JOHN F. KENNEDY.— gency supplemental appropriations for the fiscal year ending September 30, Of the amount appropriated to the Depart- the fiscal year ending September 30, 2005, to establish and rapidly implement of the Navy by this Act, and by the De- 2005, to establish and rapidly implement regulations for State driver’s li- partment of Defense Appropriations Act, 2005 ment regulations for State driver’s li- (Public Law 108–287; 118 Stat. 954), an aggre- cense and identification document se- cense and identification document security standards, to prevent terrorists gate of $288,000,000 may be available only for curity standards, to prevent terrorists repair and maintenance of the U.S.S. John F. from abusing the asylum laws of the Kennedy, and available to conduct such re- from abusing the asylum laws of the United States, to unify terrorism-repair and maintenance of the U.S.S. John F. United States, to unify terrorism-related grounds for inadmissibility and Kennedy as the Navy considers appropriate lated grounds for inadmissibility and removal, to ensure expeditious con- to extend the life of U.S.S. John F. Kennedy. removal, to ensure expeditious construction of the San Diego border (b) LIMITATION ON REDUCTION IN NUMBER OF struction of the San Diego border fence, and for other purposes; which ACTIVE AIRCRAFT CARRIERS.—No funds appro- fence, and for other purposes; which priated or otherwise made available by this was ordered to lie on the table; as fol- was ordered to lie on the table; as follows: Act, or any other Act, may be obligated or lows: expended to reduce the number of active air- On page 141, line 7, strike ‘‘That the Sec- craft carriers of the Navy below 12 active air- On page 203, between lines 17 and 18, insert retary’’ and all that follows through ‘‘appro- craft carriers until the later of the following: the following: priation:’’ on lines 10 and 11, and insert

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3854 CONGRESSIONAL RECORD — SENATE April 18, 2005 ‘‘That, not later than 30 days after the last cense and identification document se- (2) Recent aircraft crashes in Afghanistan day of each fiscal quarter, the Secretary curity standards, to prevent terrorists involving members of the United States shall submit to the congressional defense from abusing the asylum laws of the Armed Forces have claimed over 100 lives, committees a report that summarizes the de- United States, to unify terrorism-re- and more than 40 other incidents have been tails of the transfer of funds from this appro- documented in which maneuvers were re- priation and that includes a description of (1) lated grounds for inadmissibility and quired to avoid collisions. the extent to which funding provided by this removal, to ensure expeditious con- (3) The United States Government has fa- appropriation and such transfers will be used struction of the San Diego border cilitated for several NATO allies the acquisi- to train and equip capable and effectively led fence, and for other purposes; which tion of important air safety improvement Iraqi security services and promote stability was ordered to lie on the table; as fol- technologies that could be used to improve and security in Iraq; (2) the extent to which lows: the safety of air routes between Europe and funding provided by this appropriation and At the appropriate place, insert the fol- Afghanistan and within Afghanistan. such transfers will be used to train Iraqi se- (b) Not later than September 1, 2005, the curity forces in counterinsurgency oper- lowing: SEC. . (a) The annex, located on the 200 Secretary of Defense shall submit to the ations and the estimated total number of block of 3rd Street Northwest in the District Committee on Armed Services and the Com- Iraqi security force personnel and Iraqi bat- of Columbia, to the E. Barrett Prettyman mittee on Appropriations of the Senate and talions expected to be trained, equipped, and Federal Building and United States Court- the Committee on Armed Services and the capable of leading counterinsurgency oper- house located at Constitution Avenue North- Committee on Appropriations of the House ations independently by the end of 2005 and of Representatives a comprehensive report 2006; and (3) the extent to which funding pro- west in the District of Columbia shall be known and designated as the ‘‘William B. containing a detailed plan, timeline, and vided by this appropriation and such trans- budget for significantly improving the air fers will result in reducing the level of the Bryant Annex.’’ (b) Any reference in a law, map, regula- safety of aircraft carrying members of the United States Armed Forces in Iraq in 6, 12, tion, document, paper, or other record of the United States Armed Forces between Europe and 18 months after the date of such report and Afghanistan and within Afghanistan. and an estimate of the number of United United States to the annex referred to in sec- States Armed Forces who will be needed in tion 1 shall be deemed to be a reference to Iraq 6, 12, and 18 months after the date of the ‘‘William B. Bryant Annex.’’ SA 508. Mr. COLEMAN submitted an such report:’’. amendment intended to be proposed by SA 506. Mr. COBURN submitted an him to the bill H.R. 1268, Making emer- SA 504. Mrs. CLINTON submitted an amendment intended to be proposed by gency supplemental appropriations for amendment intended to be proposed by him to the bill H.R. 1268, Making emer- the fiscal year ending September 30, her to the bill H.R. 1268, Making emergency supplemental appropriations for 2005, to establish and rapidly imple- gency supplemental appropriations for the fiscal year ending September 30, ment regulations for State driver’s li- the fiscal year ending September 30, 2005, to establish and rapidly imple- cense and identification document se- 2005, to establish and rapidly implement regulations for State driver’s li- curity standards, to prevent terrorists ment regulations for State driver’s license and identification document se- from abusing the asylum laws of the cense and identification document security standards, to prevent terrorists United States, to unify terrorism-re- curity standards, to prevent terrorists from abusing the asylum laws of the lated grounds for inadmissibility and from abusing the asylum laws of the United States, to unify terrorism-re- removal, to ensure expeditious con- United States, to unify terrorism-related grounds for inadmissibility and struction of the San Diego border lated grounds for inadmissibility and removal, to ensure expeditious con- fence, and for other purposes; which removal, to ensure expeditious construction of the San Diego border was ordered to lie on the table; as fol- struction of the San Diego border fence, and for other purposes; which lows: fence, and for other purposes; which was ordered to lie on the table; as follows: On page 176, after line 22, insert the fol- was ordered to lie on the table; as following: On page 231, between lines 3 and 4, insert lows: For an additional amount for ‘‘Economic the following: On page 176, line 17, after ‘‘1961:’’ insert Support Fund’’, $2,000,000 for the Third Bor- ‘‘Provided further, That, notwithstanding any REDUCTION OF APPROPRIATIONS der Initiative to remain available until Sep- other provision of law, of the funds appro- SEC. 6047. Notwithstanding any other pro- tember 30, 2006: Provided, That the amount priated under this heading not less than vision of this Act, the total amount appro- provided under this paragraph is designated $3,000,000 shall be transferred to the United priated under this Act may not exceed as an emergency requirement pursuant to Nations Population Fund to provide assist- $62,122,000,000. section 402 of the conference report to ac- ance to tsunami victims in Indonesia, the company S. Con. Res. 95 (108th Congress). Maldives, and Sri Lanka to (1) provide and SA 507. Mr. COLEMAN submitted an On page 178, after line 16, insert the fol- distribute equipment, including safe delivery amendment intended to be proposed by lowing: kits and hygiene kits, medicines, and sup- him to the bill H.R. 1268, Making emer- For an additional amount for ‘‘Inter- plies, including soap and sanitary napkins, gency supplemental appropriations for national Narcotics Control and Law Enforce- to ensure safe childbirth and emergency ob- the fiscal year ending September 30, ment’’, $40,530,000, to remain available until stetric care, (2) reestablish maternal health 2005, to establish and rapidly imple- September 30, 2006, of which $18,400,000 shall services in areas where medical infrastruc- be available for Latin America regional ac- ture and such services have been destroyed ment regulations for State driver’s license and identification document se- count for law enforcement and drug interdic- by the tsunami, (3) prevent and treat cases of tion programs in 17 countries, $8,300,000 shall violence against women and youth, (4) offer curity standards, to prevent terrorists be available for continuance of the C–26 sur- psychological support and counseling to from abusing the asylum laws of the veillance aircraft for aerial drug interdiction women and youth, (5) promote the access of United States, to unify terrorism-re- efforts in the Caribbean, $9,780,000 shall be unaccompanied women and other vulnerable lated grounds for inadmissibility and available for Mexico border security, law en- people to vital services, including access to removal, to ensure expeditious con- forcement and drug interdiction programs, water, sanitation facilities, food, and health struction of the San Diego border and $4,500,000 shall be available for contribu- care, and (6) make available supplies of con- tions to the Inter-American Committee traceptives for the prevention of pregnancy fence, and for other purposes; which was ordered to lie on the table; as fol- Against Terrorism (CICTE) and the Inter- and the spread of sexually transmitted dis- American Drug Abuse Control Commission eases, including HIV/AIDS: Provided further, lows: (CICAD): Provided, That the amount provided That nothing in the preceding provision may On page 231, between lines 3 and 4, insert under this paragraph is designated as an be construed to alter any existing statutory the following: emergency requirement pursuant to section prohibitions against abortion set out in sec- REPORT ON IMPROVING AIR SAFETY OF MEMBERS 402 of the conference report to accompany S. tion 104(f) of the Foreign Assistance Act of OF THE UNITED STATES ARMED FORCES SERV- Con. Res. 95 (108th Congress). 1961 (22 U.S.C. 2151b):’’. ING IN AFGHANISTAN On page 179, after line 16, insert the fol- SA 505. Mr. WARNER submitted an SEC. 6047. (a) Congress makes the following lowing: amendment intended to be proposed by findings: For an additional amount for ‘‘Non- him to the bill H.R. 1268, Making emer- (1) The operation by the Department of De- proliferation, Anti-Terrorism, Demining and fense of aircraft between Europe and Afghan- Related Programs’’, $5,000,000, to remain gency supplemental appropriations for istan involves travel through an area of available until September 30, 2006, which the fiscal year ending September 30, mountainous, hostile, and remote terrain shall be available for destruction of 2005, to establish and rapidly imple- along an air corridor that possesses minimal MANPADS in the Western Hemisphere: Pro- ment regulations for State driver’s li- or no air safety capabilities. vided, That the amount provided under this

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paragraph is designated as an emergency re- ‘‘(13) PAYMENTS PENDING REPORTS.—Each On page 231, between lines 3 and 4, insert quirement pursuant to section 402 of the con- Federal agency having contracting authority the following: ference report to accompany S. Con. Res. 95 shall ensure that the terms of each contract DIRECT PAYMENTS TO SUBCONTRACTORS (108th Congress). for goods and services includes a provision allowing the contracting officer of an agency SEC. 6047. (a) Section 8(d) of the Small SA 509. Ms. SNOWE submitted an to withhold an appropriate amount of pay- Business Act (15 U.S.C. 637(d)) amended by amendment intended to be proposed by ment with respect to a contract (depending adding at the end the following: on the size of the contract) until the date of her to the bill H.R. 1268, Making emer- ‘‘(12) TIMELY PAYMENT TO SMALL BUSINESS receipt of complete, accurate, and timely gency supplemental appropriations for SUBCONTRACTORS.— subcontracting reports in accordance with the fiscal year ending September 30, ‘‘(A) IN GENERAL.—Subject to subparagraph paragraph (11).’’. (B), the failure of a civilian agency prime 2005, to establish and rapidly imple- (d) Section 8(d)(8) of the Small Business contractor, as defined in subparagraph (D), ment regulations for State driver’s li- Act (15 U.S.C. 637(d)(8)) is amended— to make a timely payment, as determined by cense and identification document se- (1) by redesignating subparagraphs (A) and the contract with the subcontractor, to a curity standards, to prevent terrorists (B) as clauses (i) and (ii), respectively; subcontractor that is a small business con- (2) by striking ‘‘The failure’’ and inserting from abusing the asylum laws of the cern shall be a material breach of the con- ‘‘(A) The failure’’; and United States, to unify terrorism-re- tract with the Federal agency. (3) by adding at the end the following: lated grounds for inadmissibility and ‘‘(B) CONSIDERATION OF PERFORMANCE.—Be- ‘‘(B) A material breach described in this removal, to ensure expeditious con- fore making a determination under subpara- paragraph shall be referred for investigation graph (A), the contracting officer shall construction of the San Diego border to the Inspector General (or the equivalent) sider all reasonable issues regarding the cir- fence, and for other purposes; which of the affected agency.’’. was ordered to lie on the table; as fol- cumstances surrounding the failure to make lows: SA 511. Ms. SNOWE submitted an the timely payment described in subpara- amendment intended to be proposed by graph (A). On page 214, line 11, strike the comma and ‘‘(C) WITHHOLDING OF PAYMENTS.—Not later all that follows through ‘‘goal’’ on line 19. her to the bill H.R. 1268, making emer- than 30 days after the date on which a mate- gency supplemental appropriations for rial breach under subparagraph (A) is deter- SA 510. Ms. SNOWE submitted an the fiscal year ending September 30, mined by the contracting officer, the Federal amendment intended to be proposed by 2005, to establish and rapidly imple- agency may withhold any amounts due and her to the bill H.R. 1268, making emer- ment regulations for State driver’s li- owing the subcontractor from payments due gency supplemental appropriations for cense and identification document se- to the prime contractor and pay such the fiscal year ending September 30, curity standards, to prevent terrorists amounts directly to the subcontractor. 2005, to establish and rapidly imple- from abusing the asylum laws of the ‘‘(D) DEFINED TERM.—As used in this paragraph, the term ‘civilian agency prime con- ment regulations for State driver’s li- United States, to unify terrorism-re- cense and identification document se- tractor’ means a prime contractor that of- lated grounds for inadmissibility and fers any combination of services or manufac- curity standards, to prevent terrorists removal, to ensure expeditious con- tured goods to Federal agencies other than from abusing the asylum laws of the struction of the San Diego border the Department of Defense or agencies with United States, to unify terrorism-re- fence, and for other purposes; which responsibility for homeland security or na- lated grounds for inadmissibility and was ordered to lie on the table; as fol- tional security.’’. removal, to ensure expeditious con- lows: struction of the San Diego border On page 231, between lines 3 and 4, insert SA 513. Ms. SNOWE submitted an fence, and for other purposes; which the following: amendment intended to be proposed by was ordered to lie on the table; as fol- SMALL BUSINESS PARTICIPATION IN her to the bill H.R. 1268, making emer- lows: SUBCONTRACTING gency supplemental appropriations for On page 231, between lines 3 and 4, insert SEC. 6047. (a) Section 8(d)(6) of the Small the fiscal year ending September 30, the following: Business Act (15 U.S.C. 637(d)(6)) is amend- 2005, to establish and rapidly imple- EVALUATION OF SUBCONTRACT PARTICIPATION ed— ment regulations for State driver’s li- BY SMALL BUSINESSES (1) in subparagraph (E), by striking ‘‘and’’ cense and identification document seat the end; SEC. 6047. (a) Section 8(d)(4)(G) of the curity standards, to prevent terrorists Small Business Act (15 U.S.C. 637(d)(4)(G)) is (2) in subparagraph (F), by striking the pe- amended by striking ‘‘a bundled’’ and insert- riod at the end and inserting ‘‘; and’’; and from abusing the asylum laws of the ing ‘‘any’’. (3) by adding at the end the following: United States, to unify terrorism-re- (b) Section 8(d)(10) of the Small Business ‘‘(G) certification that the offeror or bidder lated grounds for inadmissibility and Act (15 U.S.C. 637(d)(10)) is amended— will acquire articles, equipment, supplies, removal, to ensure expeditious con- (1) by striking ‘‘is authorized to’’ and in- services, or materials, or obtain the perform- struction of the San Diego border serting ‘‘shall’’; ance of construction work from small busi- fence, and for other purposes; which (2) in subparagraph (B), by striking ‘‘and’’ ness concerns in the amount and quality was ordered to lie on the table; as fol- at the end; used in preparing the bid or proposal, unless (3) in subparagraph (C), by striking the pe- such small business concerns are no longer lows: riod at the end and inserting ‘‘; and’’; and in business or can no longer meet the qual- At the end of title VII, insert the fol- (4) by adding at the end the following: ity, quantity, or delivery date.’’. lowing: ‘‘(D) report the results of each evaluation (b) Section 16(f) of the Small Business Act under subparagraph (C) to the appropriate (15 U.S.C. 645(f)) is amended by inserting ‘‘or SEC. 712. SMALL BUSINESS CONTRACTING IN OVERSEAS PROCUREMENTS. contracting officers.’’. the reporting requirements of section (c) Section 8(d) of the Small Business Act 8(d)(6)(G)’’ after ‘‘section 7(j)(10)(I)’’. (a) CONGRESSIONAL FINDINGS AND REAFFIR- (15 U.S.C. 637(d)) is amended— MATION OF EXISTING POLICY.— (1) by redesignating paragraph (11) as para- SA 512. Ms. SNOWE submitted an (1) FINDINGS.—Congress finds that— graph (14); and amendment intended to be proposed by (A) small business contracting in support (2) by inserting after paragraph (10) the fol- her to the bill H.R. 1268, making emer- of overseas activities of the Federal Govern- lowing: gency supplemental appropriations for ment strengthens the trade posture of the ‘‘(11) CERTIFICATION.—A report submitted the fiscal year ending September 30, United States in the global marketplace; by the prime contractor pursuant to para- (B) small business contractors are a vital graph (6)(E) to determine the attainment of 2005, to establish and rapidly imple- component of the civilian and defense indus- a subcontract utilization goal under any sub- ment regulations for State driver’s li- trial base, and they have provided out- contracting plan entered into with a Federal cense and identification document se- standing value in support of the activities of agency under this subsection shall contain curity standards, to prevent terrorists the Federal Government domestically and the name and signature of the president or from abusing the asylum laws of the internationally, especially in the inter- chief executive officer of the contractor, cer- United States, to unify terrorism-re- national reconstruction, stabilization, and tifying that the subcontracting data pro- lated grounds for inadmissibility and assistance activities in the Global War on vided in the report are accurate and com- removal, to ensure expeditious con- Terror; plete. (C) maintaining a vital small business in- ‘‘(12) CENTRALIZED DATABASE.—The results struction of the San Diego border dustrial base protects the Federal Govern- of an evaluation under paragraph (10)(C) fence, and for other purposes; which ment from higher costs and reduced innova- shall be included in a national centralized was ordered to lie on the table; as fol- tion that accompany undue consolidation of governmentwide database. lows: Government contracts;

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3856 CONGRESSIONAL RECORD — SENATE April 18, 2005 (D) Congress has a strong interest in pre- lated grounds for inadmissibility and similar services performed in a qualified area serving the competitive nature of the Gov- removal, to ensure expeditious con- under a qualified contract or subcontract.’’. ernment contracting marketplace, particu- struction of the San Diego border SA 515. Ms. SNOWE submitted an larly with regard to performance of Federal fence, and for other purposes; which amendment intended to be proposed by contracts and subcontracts overseas; was ordered to lie on the table; as fol- (E) small business contractors suffer com- her to the bill H.R. 1268, making emer- lows: petitive harm and the Federal Government gency supplemental appropriations for suffers a needless reduction in competition At the end of title VII, insert the following: the fiscal year ending September 30, and a needless shrinkage of its industrial 2005, to establish and rapidly imple- base when Federal agencies exempt con- SEC. 712. CONFLICT ZONE SMALL BUSINESS CON- tracts and subcontracts awarded for perform- CERNS. ment regulations for State driver’s li- ance overseas from the application of the Section 3 of the Small Business Act (15 cense and identification document se- Small Business Act; U.S.C. 632) is amended by adding at the end curity standards, to prevent terrorists (F) small businesses desiring to support the following: from abusing the asylum laws of the ‘‘(s) CONFLICT ZONE SMALL BUSINESS CON- the troops deployed in the Global War on CERNS.— United States, to unify terrorism-re- Terror and the reconstruction of Iraq and Af- ‘‘(1) CONFLICT ZONE SMALL BUSINESS SIZE lated grounds for inadmissibility and ghanistan have faced needless hurdles to STANDARDS.— removal, to ensure expeditious con- meaningful participation in Government ‘‘(A) IN GENERAL.—The Administrator shall struction of the San Diego border contracts and subcontracts; and establish, by rule, regulation, or order, size fence, and for other purposes; which (G) Congress has a strong interest in hold- standards for treatment of a business con- ing large prime contractors accountable for was ordered to lie on the table; as fol- cern performing services in a qualified area lows: fulfilling their subcontracting plans on over- as a small business concern for purposes of seas assistance and reconstruction projects. this Act. On page 231, after line 3, insert the fol- (2) REAFFIRMATION OF POLICY.—In light of ‘‘(B) TIMING.—The size standards estab- lowing: the findings in subparagraph (A), Congress lished under subparagraph (A) shall become CONTRACT CONSOLIDATION reaffirms its policy contained in sections 2 effective not later than 12 months after the SEC. 6047. (a) Section 3(o) of the Small and 15 of the Small Business Act (15 U.S.C. date of enactment of this subsection. Business Act (15 U.S.C. 632(o)) is amended to 631, 644) and section 302 of the Small Business ‘‘(C) CRITERIA.—The Administrator shall read as follows:cc Economic Policy Act of 1980 (15 U.S.C. 631a) develop size standards under subparagraph ‘‘(o) DEFINITIONS RELATING TO CONSOLIDA- to promote international competitiveness of (A) with the purpose of reducing the burdens TION OF CONTRACT REQUIREMENTS.—In this United States small businesses and to ensure on small business concerns, in connection Act— that small business concerns are awarded a with the need— ‘‘(1) the terms ‘consolidation of contract fair portion of all Federal prime contracts, ‘‘(i) to provide security for business oper- requirements’ and ‘consolidation’, with re- and subcontracts, regardless of geographic ations; spect to contract requirements of a military area. ‘‘(ii) to incur costs under any provision of department, defense agency, Department of (b) COMPLIANCE.—Not later than 270 days Federal law which may require government Defense Field Activity, or any other Federal after the date of enactment of this Act, the contractors and subcontractors to provide department or agency having contracting head of each Federal agency, office, and de- particular benefits or to obtain particular authority, mean a use of a solicitation to ob- partment having jurisdiction over acquisi- types of insurance in order to operate in a tain offers for a single contract or a multiple tion regulations shall conduct regulatory re- qualified area; and award contract to satisfy 2 or more require- views to ensure that such regulations require ‘‘(iii) to hire additional employees in order ments of that department, agency, or activ- compliance with the Small Business Act in to successfully perform contracts or sub- ity for goods or services that— Federal prime contracts and subcontracts, contracts in or near a zone of military con- ‘‘(A) have previously been provided to or regardless of the geographic place of award flict. performed for that department, agency, or or performance, and shall promulgate any ‘‘(2) PROVISIONAL RULE.—Notwithstanding activity under 2 or more separate contracts necessary conforming changes to such regu- any other provision of law, until the rule, that are smaller in cost than the total cost lations. regulation or order established under para- of the contract for which the offers are solic- (c) COOPERATION WITH THE SMALL BUSINESS graph (1)(A) becomes effective, the Adminis- ited; or ADMINISTRATION.—The Administrator and trator may not consider, in determining ‘‘(B) are of a type capable of being provided the Chief Counsel for Advocacy of the Small whether a business concern performing serv- or performed by a small business concern for Business Administration shall be consulted ices in a qualified area qualifies as a small that department, agency, or activity under 2 for recommendations concerning regulatory business concern for purposes of this Act— or more separate contracts that are smaller reviews and changes required by this section. ‘‘(A) receipts received under a qualified in cost than the total cost of the contract for (d) CONFLICTING PROVISIONS OF LAW.—In contract or subcontract; or which the offers are solicited; conducting any regulatory review or promul- ‘‘(B) employees hired solely for the purpose ‘‘(2) the term ‘multiple award contract’ gating any changes required by this section, of performing services in a qualified area means— due note and recognition shall be given to pursuant to a qualified contract or sub- ‘‘(A) a contract that is entered into by the the specific requirements and procedures of contract. Administrator of General Services under the any other Federal statute or treaty which ‘‘(3) ADDITIONAL DEFINITIONS.— multiple award schedule program referred to may exempt any Federal prime contract or ‘‘(A) QUALIFIED AREA.—In this subsection, in section 2302(2)(C) of title 10, United States subcontract from the application of the the term ‘qualified area’ means— Code; Small Business Act in whole or in part. ‘‘(i) Iraq; ‘‘(B) a multiple award task order contract (e) REPORT TO CONGRESSIONAL COMMIT- ‘‘(ii) Afghanistan; and or delivery order contract that is entered TEES.—Not later than 1 year after the date of ‘‘(iii) any other country, area, or territory into under the authority of sections 2304a enactment of this Act, the Administrator outside of the United States, its territories, through 2304d of title 10, United States Code, and the Chief Counsel for Advocacy of the and possessions, as may be designated by the or sections 303H through 303K of the Federal Small Business Administration shall submit Administrator in consultation with the Sec- Property and Administrative Services Act of to the Committee on Small Business and En- retary of Defense, the Secretary of Homeland 1949 (41 U.S.C. 253h through 253k); and trepreneurship of the Senate and to the Com- Security, or the Secretary of State, as appro- ‘‘(C) any other indeterminate delivery, in- mittee on Small Business of the House of priate, where contracts or subcontracts are determinate quantity contract that is en- Representatives a report containing their performed in support of the Global War on tered into by the head of a Federal agency views on the compliance status of Federal Terror, United States military operations, or with 2 or more sources pursuant to the same agencies, offices, and departments in car- related reconstruction, stabilization, and as- solicitation; and rying out this section. sistance activities. ‘‘(3) the term ‘senior procurement execu- ‘‘(B) QUALIFIED CONTRACT OR SUB- tive’ means— SA 514. Ms. SNOWE submitted an CONTRACT.—In this subsection, the term ‘‘(A) with respect to a military depart- amendment intended to be proposed by ‘qualified contract or subcontract’ means ment, the official designated under section her to the bill H.R. 1268, making emer- any contract, portion of a contract, sub- 16(k) of the Office of Federal Procurement gency supplemental appropriations for contract, or portion of a subcontract award- Policy Act (41 U.S.C. 414(c)) as the senior the fiscal year ending September 30, ed by an agency or instrumentality of the procurement executive for the military de- 2005, to establish and rapidly imple- United States, or using funds made available partment; ment regulations for State driver’s li- through an appropriations Act, requiring the ‘‘(B) with respect to a defense agency or a business concern to perform services in a Department of Defense Field Activity, the cense and identification document se- qualified area. official so designated for the Department of curity standards, to prevent terrorists ‘‘(C) SERVICES.—In this subsection, the Defense; and from abusing the asylum laws of the term ‘services’ includes sales, marketing, in- ‘‘(C) with respect to a Federal department United States, to unify terrorism-re- stallation, translation, security, and other or agency other than those referred to in

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subparagraphs (A) and (B), the official so cost savings is expected to be substantial in IMMIGRATION AND CUSTOMS ENFORCEMENT designated by that department or agency.’’. relation to the total cost of the procure- SALARIES AND EXPENSES (b) Section 15(e) of the Small Business Act ment. For an additional amount for ‘‘Salaries (15 U.S.C. 644(e)) is amended— ‘‘(E) BENEFITS.—Benefits considered for and Expenses’’, $389,613,000, of which (1) in paragraph (2)— purposes of this paragraph may include cost $128,000,000, to remain available until Sep- (A) by striking ‘‘RESEARCH.— and, regardless of whether quantifiable in tember 30, 2006, shall be available for the en- (A) IN GENERAL.—Before’’ and inserting dollar amounts— forcement of immigration and customs laws, ‘‘RESEARCH.—Before’’; and ‘‘(i) quality; detention and removal, and investigations, (B) by striking subparagraphs (B) and (C); ‘‘(ii) acquisition cycle; including the hiring of immigration inves- and ‘‘(iii) terms and conditions; and tigators, enforcement agents, and deporta- (2) by striking paragraph (3) and inserting ‘‘(iv) any other benefit directly related to tion officers, and the provision of detention the following: national security or homeland defense.’’. ‘‘(3) LIMITATION ON USE OF ACQUISITION bed space, and of which the Assistant Sec- (c) Section 15(p)(4)(B) of the Small Busi- STRATEGIES INVOLVING CONSOLIDATION.— retary for Immigration and Customs En- ness Act (15 U.S.C. 644(p)(4)(B)) is amended— ‘‘(A) CERTAIN DEFENSE CONTRACT REQUIRE- forcement shall transfer (1) $179,745,000, to MENTS.—An official of a military depart- (1) in clause (i), by striking ‘‘and’’ at the Customs and Border Protection, to remain ment, defense agency, or Department of De- end; available until September 30, 2006, for ‘‘SALA- fense Field Activity shall not execute an ac- (2) in clause (ii), by striking the period at RIES AND EXPENSES’’, for the hiring of Border quisition strategy that includes a consolida- the end and inserting the following: ‘‘; and’’; Patrol agents and related mission support tion of contract requirements of the military and expenses and continued operation of un- department, agency, or activity with a total (3) by adding at the end the following: manned aerial vehicles along the Southwest value in excess of $5,000,000, unless the senior ‘‘(iii) a description of best practices for Border; (2) $67,438,000, to Customs and Border procurement executive first— maximizing small business prime and sub- Protection, to remain available until ex- ‘‘(i) conducts market research; contracting opportunities.’’. pended, for ‘‘CONSTRUCTION’’; (3) $10,471,000, ‘‘(ii) identifies any alternative contracting (d) Section 15(p) of the Small Business Act to the Federal Law Enforcement Training approaches that would involve a lesser de- (15 U.S.C. 644(p)) is amended— Center, to remain available until September gree of consolidation of contract require- (1) in the subsection heading, by striking 30, 2006, for ‘‘SALARIES AND EXPENSES’’; and ments; and ‘‘BUNDLED CONTRACTS’’ and inserting ‘‘CON- (4) $3,959,000, to the Federal Law Enforce- ‘‘(iii) determines that the consolidation is SOLIDATED CONTRACTS’’; ment Training Center, to remain available necessary and justified. (2) in paragraph (1), in the paragraph head- until expended, for ‘‘ACQUISITION, CONSTRUC- ‘‘(B) CERTAIN CIVILIAN AGENCY CONTRACT ing, by striking ‘‘BUNDLED CONTRACT’’ and in- TION, IMPROVEMENTS, AND RELATED EX- REQUIREMENTS.—The head of a Federal agen- serting ‘‘CONSOLIDATED CONTRACT’’; PENSES’’, for the provision of training at the cy not covered under subparagraph (A) that (3) in paragraph (4), in the paragraph head- Border Patrol Academy. has contracting authority shall not execute ing, by striking ‘‘CONTRACT BUNDLING’’ and an acquisition strategy that includes a con- inserting ‘‘CONTRACT CONSOLIDATION’’; SA 517. Mr. CORZINE (for himself solidation of contract requirements of the (4) by striking ‘‘bundled contracts’’ each and Mr. BROWNBACK) submitted an agency with a total value in excess of place that term appears and inserting ‘‘con- amendment intended to be proposed by $2,000,000, unless the senior procurement ex- solidated contracts’’; him to the bill H.R. 1268, making emer- ecutive of the agency first— (5) by striking ‘‘bundled contract’’ each gency supplemental appropriations for ‘‘(i) conducts market research; place that term appears and inserting ‘‘con- ‘‘(ii) identifies any alternative contracting the fiscal year ending September 30, solidated contract’’; 2005, to establish and rapidly imple- approaches that would involve a lesser de- (6) by striking ‘‘bundling of contract re- gree of consolidation of contract require- quirements’’ each place that term appears ment regulations for State driver’s li- ments; and and inserting ‘‘consolidation of contract re- cense and identification document se- ‘‘(iii) determines that the consolidation is quirements’’; curity standards, to prevent terrorists necessary and justified. (7) in paragraph (4)(B)(ii), by striking ‘‘pre- from abusing the asylum laws of the ‘‘(C) ADDITIONAL REQUIREMENTS FOR HIGHER viously bundled’’ and inserting ‘‘previously United States, to unify terrorism-re- VALUE CONSOLIDATED CONTRACTS.—In addi- consolidated’’; lated grounds for inadmissibility and tion to meeting the requirements under sub- (8) in paragraph (4)(B)(ii)(I), by striking paragraph (A) or (B), a procurement strategy removal, to ensure expeditious con- ‘‘were bundled’’ and inserting ‘‘were consoli- struction of the San Diego border by a civilian agency that includes a consolidated’’; dated contract with a total value in excess of (9) in paragraph (4)(B)(ii)(II)(bb), by strik- fence, and for other purposes; which $5,000,000, or by a defense agency that in- ing ‘‘bundling the contract requirements’’ was ordered to lie on the table; as fol- cludes a consolidated contract with a total and inserting ‘‘the consolidation of contract lows: value in excess of $7,000,000 shall include— requirements’’; and On page 183, after line 23, insert the fol- ‘‘(i) an assessment of the specific impedi- (10) in paragraph (4)(B)(ii)(II)(cc), by strik- lowing: ments to participation by small business ing ‘‘bundled status’’ and inserting ‘‘consoli- concerns as prime contractors that will re- DAFUR ACCOUNTABILITY dated status’’. sult from the consolidation; SEC. 2105. (a) It is the sense of the Senate ‘‘(ii) actions designed to maximize small that— business participation as prime contractors, SA 516. Mr. BYRD submitted an (1) the atrocities unfolding in Darfur, including provisions that encourage small amendment intended to be proposed by Sudan, have been and continue to be geno- business teaming for the consolidated re- him to the bill H.R. 1268, making emer- cide; quirement; (2) the United States should immediately ‘‘(iii) actions designed to maximize small gency supplemental appropriations for seek passage at the United Nations Security business participation as subcontractors (in- the fiscal year ending September 30, Council of a resolution that— cluding suppliers) at any tier under the con- 2005, to establish and rapidly imple- (A) imposes additional sanctions or addi- tract or contracts that may be awarded to ment regulations for State driver’s li- tional measures against the Government of meet the requirements; and cense and identification document se- Sudan, including sanctions that will affect ‘‘(iv) the identification of the alternative curity standards, to prevent terrorists the petroleum sector in Sudan, individual strategies that would reduce or minimize the from abusing the asylum laws of the members of the Government of Sudan, and scope of the consolidation and the rationale United States, to unify terrorism-re- entities controlled or owned by officials of for not choosing those alternatives. the Government of Sudan or the National lated grounds for inadmissibility and ‘‘(D) NECESSARY AND JUSTIFIED.—A senior Congress Party in Sudan, that will remain in procurement executive may determine that removal, to ensure expeditious con- effect until such time as the Government of an acquisition strategy involving a consoli- struction of the San Diego border Sudan fully complies with all relevant dation of contract requirements is necessary fence, and for other purposes; which United Nations Security Council resolutions; and justified for purposes of subparagraph was ordered to lie on the table; as fol- (B) establishes a military no-fly zone in (A), (B), or (C), if the benefits of the acquisi- lows: Darfur and calls on the Government of tion strategy substantially exceed the bene- Sudan to immediately withdraw all military fits of each of the possible alternative con- On page 187, after line 4, insert the fol- aircraft from the region; tracting approaches identified under clause lowing: (C) urges member states to accelerate as- (ii) of any of those subparagraphs, as applica- sistance to the African Union force in REDUCTION IN FUNDING FOR DIPLOMATIC AND ble. However, savings in administrative or Darfur, sufficient to achieve the expanded CONSULAR PROGRAMS personnel costs alone do not constitute, for mandate described in paragraph (5); such purpose, a sufficient justification for a The amount for ‘‘Diplomatic and Consular (D) calls on the Government of Sudan to consolidation of contract requirements in a Programs’’ under chapter 2 of title II shall be cooperate with, and allow unrestricted move- procurement, unless the total amount of the $357,700,000. ment in Darfur by, the African Union force,

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3858 CONGRESSIONAL RECORD — SENATE April 18, 2005 the United Nations Mission in Sudan mitted the acts for which they were named (2) The term ‘‘Government of Sudan’’ (UNMIS), international humanitarian orga- or designated; means the National Congress Party-led gov- nizations, and United Nations monitors; (C) except as described under paragraph (2), ernment in Khartoum, Sudan, or any suc- (E) extends the embargo of military equip- take such action as may be necessary to im- cessor government formed on or after the ment established by paragraphs 7 through 9 mediately freeze the funds and other assets date of the enactment of this title. of United Nations Security Council Resolu- belonging to such individuals, their family (3) The term ‘‘member states’’ means the tion 1556 and expanded by Security Council members, and any associates of such individ- member states of the United Nations. Resolution 1591 to include a total prohibition uals to whom assets or property of such indi- (4) The term ‘‘Sudan North-South Peace of sale or supply to the Government of viduals were transferred on or after July 1, Agreement’’ means the comprehensive peace Sudan; and 2002, including requiring that any United agreement signed by the Government of (F) expands the mandate of UNMIS to in- States financial institution holding such Sudan and the Sudan People’s Liberation clude the protection of civilians throughout funds and assets promptly report those funds Army/Movement on January 9, 2005. Sudan, including Darfur, and increases the and assets to the Office of Foreign Assets (5) The term ‘‘those named by the UN Com- number of UNMIS personnel to achieve such Control; and mission of Inquiry’’ means those individuals mandate; (D) except as described under paragraph whose names appear in the sealed file deliv- (3) the United States should not provide as- (2), deny visas and entry to such individuals, ered to the Secretary-General of the United sistance to the Government of Sudan, other their family members, and anyone the Presi- Nations by the International Commission of than assistance necessary for the implemen- dent determines has been, is, or may be plan- Inquiry on Darfur to the United Nations Se- tation of the Sudan North-South Peace ning, carrying out, responsible for, or other- curity Council. Agreement, the support of the southern re- wise involved in crimes against humanity, (6) The term ‘‘UN Committee’’ means the gional government in Sudan, or for humani- war crimes, or genocide in Darfur, Sudan. Committee of the Security Council estab- tarian purposes in Sudan, unless the Presi- (2) The President may elect not to take ac- lished in United Nations Security Council dent certifies and reports to Congress that tion described in paragraphs (1)(C) and (1)(D) Resolution 1591 (29 March 2005); paragraph 3. the Government of Sudan has fully complied if the President submits to the appropriate with all relevant United Nations Security congressional committees, a report— SA 518. Mr. BUNNING submitted an Council resolutions and the conditions estab- (A) naming the individual named by the amendment intended to be proposed by lished by the Comprehensive Peace in Sudan UN Commission of Inquiry or designated by him to the bill H.R. 1268, making emer- Act of 2004 (Public Law 108–497; 118 Stat. the UN Committee with respect to whom the gency supplemental appropriations for President has made such election, on behalf 4018); the fiscal year ending September 30, (4) the President should work with inter- of the individual or the individual’s family national organizations, including the North member or associate; and 2005, to establish and rapidly imple- Atlantic Treaty Organization (NATO), the (B) describing the reasons for such elec- ment regulations for State driver’s li- United Nations, and the African Union to un- tion, and including the determination de- cense and identification document se- dertake action as soon as practicable to scribed in paragraph (1)(B). curity standards, to prevent terrorists eliminate the ability of the Government of (3) Not later than 30 days after United from abusing the asylum laws of the Sudan to engage in aerial bombardment of States has access to any of the names of United States, to unify terrorism-re- civilians in Darfur and establish mechanisms those named by the UN Commission of In- quiry or those designated by the UN Com- lated grounds for inadmissibility and for the enforcement of a no-fly zone in removal, to ensure expeditious con- Darfur; mittee, the President shall submit to the ap- (5) the African Union should extend its propriate congressional committees notifica- struction of the San Diego border mandate in Darfur to include the protection tion of the sanctions imposed under para- fence, and for other purposes; which graphs (1)(C) and (1)(D) and the individuals of civilians and proactive efforts to prevent was ordered to lie on the table; as fol- affected, or the report described in paragraph violence; lows: (2). (6) the President should accelerate assist- (4) Not later than 30 days prior to waiving On page 231, between lines 3 and 4, insert ance to the African Union in Darfur and dis- the sanctions provisions of any other Act the following: cussions with the African Union, the Euro- with regard to Sudan, the President shall SEC. . SILICON CARBIDE ARMOR INITIATIVE. pean Union, NATO, and other supporters of submit to the appropriate congressional Of amounts available to the Department of the African Union force on the needs of the committees a report describing the waiver Defense in this Act, $5,000,000 may be used African Union force, including assistance for and the reasons for such waiver. for the purpose of funding a silicon carbide housing, transportation, communications, (c)(1) The Secretary of State, in conjunc- armor initiative to meet the critical needs equipment, technical assistance such as tion with the Secretary of Defense, shall re- for silicon carbide powders used in the pro- training and command and control assist- port to the appropriate congressional com- duction of ceramic armor plates for military ance, and intelligence; mittees on efforts to deploy an African vehicles. (7) the President should appoint a Presi- Union force in Darfur, the capacity of such dential Envoy for Sudan to support peace, force to stabilize Darfur and protect civil- SA 519. Mr. BUNNING submitted an security and stability in Darfur and seek a ians, the needs of such force to achieve such amendment intended to be proposed by comprehensive peace throughout Sudan; mission including housing, transportation, (8) United States officials, at the highest communications, equipment, technical as- him to the bill H.R. 1268, making emer- levels, should raise the issue of Darfur in bi- sistance, including training and command gency supplemental appropriations for lateral meetings with officials from other and control, and intelligence, and the status the fiscal year ending September 30, members of the United Nations Security of United States and other assistance to the 2005, to establish and rapidly imple- Council and other relevant countries, with African Union force. ment regulations for State driver’s li- the aim of passing a United Nations Security (2)(A) The report described in paragraph (1) cense and identification document se- Council resolution described in paragraph (2) shall be submitted every 90 days during the 1-year period beginning on the date of the curity standards, to prevent terrorists and mobilizing maximum support for polit- from abusing the asylum laws of the ical, financial, and military efforts to stop enactment of this Act, or until such time as the genocide in Darfur; and the President certifies that the situation in United States, to unify terrorism-re- (9) the United States should actively par- Darfur is stable and that civilians are no lated grounds for inadmissibility and ticipate in the UN Committee and the Panel longer in danger and that the African Union removal, to ensure expeditious con- of Experts established pursuant to Security is no longer needed to prevent a resumption struction of the San Diego border Council Resolution 1591, and work to support of violence and attacks against civilians. (B) After such 1-year period, and if the fence, and for other purposes; which the Secretary-General and the United Na- President has not made the certification de- was ordered to lie on the table; as fol- tions High Commissioner for Human Rights scribed in subparagraph (A), the report de- lows: in their efforts to increase the number and scribed in paragraph (1) shall be included in On page 231, between lines 3 and 4, insert deployment rate of human rights monitors the report required under section 8(b) of the the following: to Darfur. Sudan Peace Act (50 U.S.C. 1701 note), as SEC. . RAPID WALL BREACHING KITS. (b)(1) At such time as the United States amended by section 5(b) of the Comprehen- Of amounts available to the Department of has access to any of the names of those sive Peace in Sudan Act of 2004 (Public Law Defense in this Act, $5,000,000 may be used named by the UN Commission of Inquiry or 108–497; 118 Stat. 4018). for procurement of Rapid Wall Breaching those designated by the UN Committee the (d) In this section: Kits. President shall— (1) The term ‘‘appropriate congressional (A) submit to the appropriate congres- committees’’ means the Committee on For- Mr. BAYH submitted an sional committees a report listing such eign Relations and the Committee on Appro- SA 520. names; priations of the Senate and the Committee amendment intended to be proposed by (B) determine whether the individuals on International Relations and the Com- him to the bill H.R. 1268, making emer- named by the UN Commission of Inquiry or mittee on Appropriations of the House of gency supplemental appropriations for designated by the UN Committee have com- Representatives. the fiscal year ending September 30,

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3859 2005, to establish and rapidly imple- the fiscal year ending September 30, ‘‘(ii) A contractor who has entered into a ment regulations for State driver’s li- 2005, to establish and rapidly imple- contract with the Department of Defense cense and identification document se- ment regulations for State driver’s li- that is exempted from the application of curity standards, to prevent terrorists cense and identification document se- such Act by section 6 of such Act (41 U.S.C. 356), and any subcontractor under such con- from abusing the asylum laws of the curity standards, to prevent terrorists tract.’’. United States, to unify terrorism-re- from abusing the asylum laws of the lated grounds for inadmissibility and United States, to unify terrorism-re- SA 524. Mr. PRYOR submitted an removal, to ensure expeditious con- lated grounds for inadmissibility and amendment intended to be proposed by struction of the San Diego border removal, to ensure expeditious con- him to the bill H.R. 1268, making emer- fence, and for other purposes; which struction of the San Diego border gency supplemental appropriations for was ordered to lie on the table; as fol- fence, and for other purposes; which the fiscal year ending September 30, lows: was ordered to lie on the table; as fol- 2005, to establish and rapidly imple- On page 169, between lines 8 and 9, insert lows: ment regulations for State driver’s li- the following: On page 231, between lines 3 and 4, insert cense and identification document se- UP-ARMORED HIGH MOBILITY MULTIPURPOSE the following: curity standards, to prevent terrorists WHEELED VEHICLES REPEAL OF CERTAIN VISA REVOCATION from abusing the asylum laws of the PROVISIONS SEC. 1122. (a) ADDITIONAL AMOUNT FOR United States, to unify terrorism-re- OTHER PROCUREMENT, ARMY.—The amount SEC. 6047. (a) Section 5304 of the Intel- lated grounds for inadmissibility and appropriated by this chapter under the head- ligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) is repealed. removal, to ensure expeditious con- ing ‘‘OTHER PROCUREMENT, ARMY’’ is hereby struction of the San Diego border increased by $213,000,000, with the amount of (b) The Immigration and Nationality Act such increase designated as an emergency re- (8 U.S.C. 1101 et seq.) shall be applied and ad- fence, and for other purposes; which quirement pursuant to section 402 of the con- ministered as if such section 5304 had not was ordered to lie on the table; as fol- ference report to accompany S. Con. Res. 95 been enacted. lows: (c) Section 221(i) of the Immigration and (108th Congress). On page 197, between lines 13 and 14, insert Nationality Act (8 U.S.C. 1201(i)) is amended (b) AVAILABILITY OF FUNDS.—Of the the following: by adding at the end the following: ‘‘There amount appropriated or otherwise made shall be no means of administrative or judi- COOPERATIVE STATE RESEARCH, EDUCATION available by this chapter under the heading cial review of a revocation under this sub- AND EXTENSION ‘‘OTHER PROCUREMENT, ARMY’’, as increased section, and no court or other person other- For an additional amount for grants to by subsection (a), $213,000,000 shall be avail- wise shall have jurisdiction to consider any States for the prevention, detection, and able for the procurement of Up-Armored claim challenging the validity of such a rev- treatment of Asian soybean rust, $2,340,000, High Mobility Multipurpose Wheeled Vehi- ocation.’’. to remain available until expended: Provided, cles (UAHMMWVs). (d) Section 237(a)(1)(B) of the Immigration That the funds shall be made available to (c) REPORTS.—(1) Not later 60 days after and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is land grant universities in southern States the date of the enactment of this Act, and amended by striking ‘‘United States is’’ and where Asian soybean rust has been detected every 60 days thereafter until the termi- inserting the following: ‘‘United States, or as of the date of enactment of this Act, as nation of Operation Iraqi Freedom, the Sec- whose nonimmigrant visa (or other docu- determined by the Secretary of Agriculture: retary of Defense shall submit to the con- mentation authorizing admission into the Provided further, That the funds shall be tar- gressional defense committees a report set- United States) has been revoked under sec- geted to States with harvested soybean acre- ting forth the current requirements of the tion 221(i), is’’. age in crop year 2004 of at least 1,600,000 Armed Forces for Up-Armored High Mobility (e) The amendments made by subsections acres: Provided further, That to be eligible, a Multipurpose Wheeled Vehicles. (c) and (d) shall take effect on the date of the State land grant university shall have devel- (2) Not later than 60 days after the date of enactment of this Act and shall apply to rev- oped a plan for the prevention, detection, the enactment of this Act, the Secretary ocations under section 221(i) of the Immigra- and treatment of Asian soybean rust: Pro- shall submit to the congressional defense tion and Nationality Act made before, on, or vided further, That the plan shall include, at committees a report setting forth the most after such date. a minimum, the development of informa- effective and efficient options available to tional materials, including the use of a the Department of Defense for transporting SA 523. Mr. GRASSLEY submitted an website, training sessions for producers, crop Up Armored High Mobility Multipurpose amendment intended to be proposed by monitoring, and the development of a re- Wheeled Vehicles to Iraq and Afghanistan. him to the bill H.R. 1268, making emer- gional network: Provided further, That the Mr. GRASSLEY submitted an gency supplemental appropriations for amount provided under this heading is des- SA 521. ignated as an emergency requirement pursu- amendment intended to be proposed by the fiscal year ending September 30, 2005, to establish and rapidly imple- ant to section 402 of the conference report to him to the bill H.R. 1268, making emer- accompany S. Con. Res. 95 (108th Congress). gency supplemental appropriations for ment regulations for State driver’s li- the fiscal year ending September 30, cense and identification document se- SA 525. Mr. PRYOR submitted an 2005, to establish and rapidly imple- curity standards, to prevent terrorists amendment intended to be proposed by ment regulations for State driver’s li- from abusing the asylum laws of the him to the bill H.R. 1268, making emer- cense and identification document se- United States, to unify terrorism-re- gency supplemental appropriations for curity standards, to prevent terrorists lated grounds for inadmissibility and the fiscal year ending September 30, from abusing the asylum laws of the removal, to ensure expeditious con- 2005, to establish and rapidly imple- United States, to unify terrorism-re- struction of the San Diego border ment regulations for State driver’s li- lated grounds for inadmissibility and fence, and for other purposes; which cense and identification document se- removal, to ensure expeditious con- was ordered to lie on the table; as fol- curity standards, to prevent terrorists struction of the San Diego border lows: from abusing the asylum laws of the fence, and for other purposes; which At the appropriate place, insert the fol- United States, to unify terrorism-re- lowing: was ordered to lie on the table; as fol- lated grounds for inadmissibility and SEC. ll. REQUIRING CERTAIN FEDERAL SERV- lows: ICE CONTRACTORS TO PARTICIPATE removal, to ensure expeditious con- On page 231, between lines 3 and 4, insert IN PILOT PROGRAM. struction of the San Diego border the following: Section 402(e)(1) of the Illegal Immigration fence, and for other purposes; which APPLICATION PROCESSING AND ENFORCEMENT Reform and Immigrant Responsibility Act of was ordered to lie on the table; as fol- FEES 1996 (8 U.S.C. 1324a note) is amended by add- lows: ing at the end the following: SEC. 6047. Section 286(s)(6) of the Immigra- On page 197, between lines 13 and 14, insert ‘‘(C) CERTAIN FEDERAL SERVICE CONTRAC- tion and Nationality Act (8 U.S.C. 1356(s)(6)) the following: TORS.—The following entities shall elect to is amended in the second sentence by insert- participate in a pilot program and shall com- AGRICULTURAL RESEARCH SERVICE ing ‘‘and section 212(a)(5)(A)’’ before the pe- ply with the terms and conditions of such an For an additional amount for grants to riod at the end. election: States for the prevention, detection, and ‘‘(i) A contractor who has entered into a treatment of Asian soybean rust, $2,340,000, SA 522. Mr. GRASSLEY submitted an contract with the Department of Defense to to remain available until expended: Provided, amendment intended to be proposed by which section 2(b)(1) of the Service Contract That the funds shall be made available to the him to the bill H.R. 1268, making emer- Act of 1965 (41 U.S.C. 351(b)(1)) applies, and cooperative extension service in southern gency supplemental appropriations for any subcontractor under such contract. States where Asian soybean rust has been

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detected as of the date of enactment of this On page 179, line 24, strike ‘‘$40,000,000’’ and (1) IN GENERAL.—An owner that receives Act, as determined by the Secretary of Agri- insert ‘‘$20,000,000’’. compensation under this section for flooded culture: Provided further, That the funds On page 231, between lines 3 and 4, insert land shall take such actions as are necessary shall be targeted to States with harvested the following: to not degrade any wildlife habitat on the soybean acreage in crop year 2004 of at least SEC. 6047. FLOODED CROP AND GRAZING LAND. land that has naturally developed as a result 1,600,000 acres: Provided further, That to be el- (a) IN GENERAL.—The Secretary of Agri- of the flooding. igible, a State shall have developed a plan culture shall compensate eligible owners of (2) RECREATIONAL ACTIVITIES.—To encour- for the prevention, detection, and treatment flooded crop and grazing land in— age owners that receive compensation for of Asian soybean rust: Provided further, That (1) the Devils Lake basin; and flooded land to allow public access to and use the plan shall include, at a minimum, the de- (2) the McHugh, Lake Laretta, and Rose of the land for recreational activities, as development of informational materials, in- Lake closed drainage areas of the State of termined by the Secretary, the Secretary cluding the use of a website, training ses- North Dakota. may— sions for producers, crop monitoring, and the (b) ELIGIBILITY.— (A) offer an eligible owner additional com- development of a regional network: Provided (1) IN GENERAL.—To be eligible to receive pensation; and further, That the amount provided under this compensation under this section, an owner (B) provide compensation for additional heading is designated as an emergency re- shall own land described in subsection (a) acreage under this section. quirement pursuant to section 402 of the con- that, during the 2 crop years preceding re- (g) FUNDING.— ference report to accompany S. Con. Res. 95 ceipt of compensation, was rendered incapa- (1) IN GENERAL.—There is appropriated, out (108th Congress). ble of use for the production of an agricul- of any money in the Treasury not otherwise tural commodity or for grazing purposes (in appropriated, to carry out this section SA 526. Mrs. FEINSTEIN submitted $20,000,000 for fiscal year 2005, to remain an amendment intended to be proposed a manner consistent with the historical use of the land) as the result of flooding, as de- available until expended: Provided, That the to amendment SA 375 proposed by Mr. termined by the Secretary. amounts made available by the transfer of CRAIG (for himself and Mr. KENNEDY) to (2) INCLUSIONS.—Land described in para- funds in or pursuant to this section are des- the bill H.R. 1268, making emergency graph (1) shall include— ignated as an emergency requirement pursu- supplemental appropriations for the (A) land that has been flooded; ant to section 402 of the conference report to fiscal year ending September 30, 2005, (B) land that has been rendered inacces- accompany S. Con. Res. 95 (108th Congress). to establish and rapidly implement sible due to flooding; and (2) PRO-RATED PAYMENTS.—In a case in regulations for State driver’s license (C) a reasonable buffer strip adjoining the which the amount made available under flooded land, as determined by the Sec- paragraph (1) for a fiscal year is insufficient and identification document security to compensate all eligible owners under this standards, to prevent terrorists from retary. (3) ADMINISTRATION.—The Secretary may section, the Secretary shall pro-rate pay- abusing the asylum laws of the United establish— ments for that fiscal year on a per acre basis. States, to unify terrorism-related (A) reasonable minimum acreage levels for grounds for inadmissibility and re- individual parcels of land for which owners SA 529. Mr. DOMENICI submitted an moval, to ensure expeditious construc- may receive compensation under this sec- amendment intended to be proposed by tion of the San Diego border fence, and tion; and him to the bill H.R. 1268, Making emer- for other purposes; which was ordered (B) the location and area of adjoining gency supplemental appropriations for to lie on the table; as follows: flooded land for which owners may receive the fiscal year ending September 30, On page 4, lines 11 through 14, strike ‘‘at compensation under this section. 2005, to establish and rapidly imple- least 575 hours or 100 work days, whichever is (c) SIGN-UP.—The Secretary shall establish ment regulations for State driver’s li- a sign-up program for eligible owners to less, during any 12 consecutive months dur- cense and identification document se- ing the 18-month period ending on’’ and in- apply for compensation from the Secretary under this section. curity standards, to prevent terrorists sert ‘‘the previous 3 years, for at least 575 from abusing the asylum laws of the hours or 100 work days per year, before’’. (d) COMPENSATION PAYMENTS.— (1) IN GENERAL.—Subject to paragraphs (2) United States, to unify terrorism-re- SA 527. Ms. LANDRIEU submitted an and (3), the rate of an annual compensation lated grounds for inadmissibility and amendment intended to be proposed by payment under this section shall be equal to removal, to ensure expeditious con- her to the bill H.R. 1268, making emer- 90 percent of the average annual per acre struction of the San Diego border rental payment rate (at the time of entry fence, and for other purposes; which gency supplemental appropriations for into the contract) for comparable crop or the fiscal year ending September 30, grazing land that has not been flooded and was ordered to lie on the table; as fol- 2005, to establish and rapidly imple- remains in production in the county where lows: ment regulations for State driver’s li- the flooded land is located, as determined by In the language proposed to be striken cense and identification document se- the Secretary. strike line 6 through 19 and insert the fol- curity standards, to prevent terrorists (2) REDUCTION.—An annual compensation lowing: from abusing the asylum laws of the payment under this section shall be reduced On page 214, strike lines 6 through 19 and United States, to unify terrorism-re- by the amount of any conservation program insert the following: lated grounds for inadmissibility and rental payments or Federal agricultural SEC. 6023.(a) Not later than September 30, commodity program payments received by 2005, the Department of Energy and the removal, to ensure expeditious con- the owner for the land during any crop year Small Business Administration shall enter struction of the San Diego border for which compensation is received under into a memorandum of understanding set- fence, and for other purposes; which this section. ting forth an appropriate methodology for was ordered to lie on the table; as fol- (3) EXCLUSION.—During any year in which measuring the achievement of the Depart- lows: an owner receives compensation for flooded ment of Energy with respect to awarding On page 209, lines 15 and 16, strike ‘‘bene- land under this section, the owner shall not contracts to small businesses. fits’’ and insert ‘‘value’’. be eligible to participate in or receive bene- (b) In recognition of the historical and suc- fits for the flooded land under— cessful practice by the Department of En- SA 528. Mr. CONRAD submitted an (A) the Federal crop insurance program es- ergy of operating many of its facilities and amendment intended to be proposed by tablished under the Federal Crop Insurance sites through management and operating him to the bill H.R. 1268, Making emer- Act (7 U.S.C. 1501 et seq.); contractors who subcontract significant gency supplemental appropriations for (B) the noninsured crop assistance program amounts of work to small businesses, the the fiscal year ending September 30, established under section 196 of the Federal methodology set forth in the memorandum Agriculture Improvement and Reform Act of of understanding entered into under sub- 2005, to establish and rapidly imple- 1996 (7 U.S.C. 7333); or section (a) shall, at a minimum, include— ment regulations for State driver’s li- (C) any Federal agricultural crop disaster (1) a method of counting the achievement cense and identification document se- assistance program. of the Department of Energy in awarding— curity standards, to prevent terrorists (e) RELATIONSHIP TO AGRICULTURAL COM- (A) prime contracts; and from abusing the asylum laws of the MODITY PROGRAMS.—The Secretary, by regu- (B) subcontracts to small businesses United States, to unify terrorism-relation, shall provide for the preservation of awarded by Department of Energy manage- lated grounds for inadmissibility and cropland base, allotment history, and payment and operating, management and inte- removal, to ensure expeditious con- ment yields applicable to land described in gration, and other facility management subsection (a) that was rendered incapable of prime contractors; struction of the San Diego border use for the production of an agricultural (2) uniform criteria that could be used by fence, and for other purposes; which commodity or for grazing purposes as the re- prime contractors described under paragraph was ordered to lie on the table; as fol- sult of flooding. (1)(B) when measuring the value of sub- lows: (f) USE OF LAND.— contracts awarded to small businesses; and

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3861 (3) prime contract provisions that could and identification document security to establish and rapidly implement impose certain requirements on prime con- standards, to prevent terrorists from regulations for State driver’s license tractors described under paragraph (1)(B), abusing the asylum laws of the United and identification document security such as prompt payment requirements, with States, to unify terrorism-related standards, to prevent terrorists from respect to the administration of subcontracts awarded to small businesses that, grounds for inadmissibility and re- abusing the asylum laws of the United when such provisions were included within a moval, to ensure expeditious construc- States, to unify terrorism-related prime contract, the Department of Energy tion of the San Diego border fence, and grounds for inadmissibility and re- could count the subcontracts awarded under for other purposes; which was ordered moval, to ensure expeditious construc- such prime contract toward its small busi- to lie on the table; as follows: tion of the San Diego border fence, and ness contracting goals established pursuant On page 18, line 16, strike ‘‘(e)(2)’’ and all for other purposes; which was ordered to Section 15(g) of the Small Business Act (15 that follows through line 22, and insert the to lie on the table; as follows: U.S.C. 644(g)). following: ‘‘(e)(2); or On page 13, strike line 13 and all that fol- ‘‘(ii) is convicted of a felony or mis- lows through page 15, line 24, and insert the SA 530. Mr. DOMENICI submitted an demeanor committed in the United States.’’. amendment intended to be proposed by following: him to the bill H.R. 1268, Making emer- (i) QUALIFYING EMPLOYMENT.—The alien SA 532. Mrs. FEINSTEIN submitted has performed at least 5 years of agricultural gency supplemental appropriations for an amendment intended to be proposed employment in the United States, for at the fiscal year ending September 30, to amendment SA 375 proposed by Mr. least 575 hours or 100 work days per year, 2005, to establish and rapidly imple- CRAIG (for himself and Mr. KENNEDY) to during the 6-year period beginning on the ment regulations for State driver’s li- the bill H.R. 1268, Making emergency date of enactment of this Act. cense and identification document se- supplemental appropriations for the (ii) APPLICATION PERIOD.—The alien applies curity standards, to prevent terrorists fiscal year ending September 30, 2005, for adjustment of status not later than 7 from abusing the asylum laws of the to establish and rapidly implement years after the date of enactment of this United States, to unify terrorism-re- Act. regulations for State driver’s license (iii) PROOF.—In meeting the requirement lated grounds for inadmissibility and and identification document security under clause (i), an alien may submit the removal, to ensure expeditious con- standards, to prevent terrorists from record of employment described in sub- struction of the San Diego border abusing the asylum laws of the United section (a)(5) or such documentation as may fence, and for other purposes; which States, to unify terrorism-related be submitted under subsection (d)(3). was ordered to lie on the table; as fol- grounds for inadmissibility and re- (iv) DISABILITY.—In determining whether lows: moval, to ensure expeditious construc- an alien has met the requirement under On page 214, strike lines 6 through 19 and tion of the San Diego border fence, and clause (i), the Secretary. insert the following: for other purposes; which was ordered SEC. 6023.(a) Not later than September 30, SA 535. Mrs. FEINSTEIN submitted 2005, the Department of Energy and the to lie on the table; as follows: an amendment intended to be proposed Small Business Administration shall enter On page 18, strike line 24 and all that fol- to amendment SA 375 proposed by Mr. into a memorandum of understanding set- lows through page 21, line 11, and insert the CRAIG (for himself and Mr. KENNEDY) to ting forth an appropriate methodology for following: the bill H.R. 1268, Making emergency (1) TO WHOM MAY BE MADE.—The Secretary measuring the achievement of the Depart- supplemental appropriations for the ment of Energy with respect to awarding shall provide that— contracts to small businesses. (A) applications for temporary resident fiscal year ending September 30, 2005, (b) In recognition of the historical and suc- status under subsection (a) may be filed— to establish and rapidly implement cessful practice by the Department of En- (i) with the Secretary, but only if the ap- regulations for State driver’s license ergy of operating many of its facilities and plicant is represented by an attorney; or and identification document security sites through management and operating (ii) with a qualified entity designated standards, to prevent terrorists from contractors who subcontract significant under paragraph (2), but only if the applicant abusing the asylum laws of the United amounts of work to small businesses, the consents to the forwarding of the application States, to unify terrorism-related methodology set forth in the memorandum to the Secretary; and of understanding entered into under sub- (B) applications for adjustment of status grounds for inadmissibility and re- section (a) shall, at a minimum, include— under subsection (c) shall be filed directly moval, to ensure expeditious construc- (1) a method of counting the achievement with the Secretary. tion of the San Diego border fence, and of the Department of Energy in awarding— for other purposes; which was ordered (A) prime contracts; and SA 533. Mrs. FEINSTEIN submitted to lie on the table; as follows: (B) subcontracts to small businesses an amendment intended to be proposed On page 6, line 12, strike ‘‘(e)(2)’’ and all awarded by Department of Energy manage- to amendment SA 375 proposed by Mr. that follows through line 18, and insert the ment and operating, management and inte- CRAIG (for himself and Mr. KENNEDY) to following: ‘‘(e)(2); or gration, and other facility management the bill H.R. 1268, Making emergency ‘‘(II) is convicted of a felony or mis- prime contractors; demeanor committed in the United States.’’. (2) uniform criteria that could be used by supplemental appropriations for the fiscal year ending September 30, 2005, prime contractors described under paragraph SA 536. Mr. COCHRAN (for Mr. BOND) to establish and rapidly implement (1)(B) when measuring the value of sub- proposed an amendment to the bill regulations for State driver’s license contracts awarded to small businesses; and H.R. 1268, Making emergency supple- (3) prime contract provisions that could and identification document security mental appropriations for the fiscal impose certain requirements on prime con- standards, to prevent terrorists from year ending September 30, 2005, to es- tractors described under paragraph (1)(B), abusing the asylum laws of the United tablish and rapidly implement regula- such as prompt payment requirements, with States, to unify terrorism-related respect to the administration of sub- tions for State driver’s license and grounds for inadmissibility and re- contracts awarded to small businesses that, identification document security moval, to ensure expeditious construc- when such provisions were included within a standards, to prevent terrorists from tion of the San Diego border fence, and prime contract, the Department of Energy abusing the asylum laws of the United for other purposes; which was ordered could count the subcontracts awarded under States, to unify terrorism-related such prime contract toward its small busi- to lie on the table; as follows: ness contracting goals established pursuant grounds for inadmissibility and re- On page 16, line 2, strike ‘‘(e)(2)’’ and all moval, to ensure expeditious construc- to Section 15(g) of the Small Business Act (15 that follows through line 8, and insert the U.S.C. 644(g)). following: ‘‘(e)(2); or tion of the San Diego border fence, and ‘‘(II) is convicted of a felony or mis- for other purposes; as follows: SA 531. Mrs. FEINSTEIN submitted demeanor committed in the United States.’’. Insert the following (and renumber if ap- an amendment intended to be proposed propriate) on page 231, after line 3: to amendment SA 375 proposed by Mr. SA 534. Mrs. FEINSTEIN submitted ‘‘SEC. 6047. (a) Section 222 of title II of Di- CRAIG (for himself and Mr. KENNEDY) to an amendment intended to be proposed vision I of Public Law 108–447 is deleted; and the bill H.R. 1268, Making emergency to amendment SA 375 proposed by Mr. (b) Section 203(c)(1) of the National Hous- ing Act (12 U.S.C. 1709(c)) is amended by— supplemental appropriations for the CRAIG (for himself and Mr. KENNEDY) to (1) striking ‘‘subsections’’ and inserting fiscal year ending September 30, 2005, the bill H.R. 1268, Making emergency ‘‘subsection’’, and to establish and rapidly implement supplemental appropriations for the (2) striking ‘‘or (k)’’ each place that it ap- regulations for State driver’s license fiscal year ending September 30, 2005, pears.’’.

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE S3862 CONGRESSIONAL RECORD — SENATE April 18, 2005 SA 537. Mr. REID (for Mr. BIDEN (for 366 of the Dirksen Senate Office Build- for a range of State and local projects himself, Mr. LAUTENBERG, and Mrs. ing in Washington, D.C. designed to reduce the number of BOXER)) submitted an amendment in- The purpose of the hearing is to re- crimes committed by mentally ill indi- tended to be proposed by Mr. REID to ceive testimony on the following bills: viduals. We are now working together the bill H.R. 1268, Making emergency S. 242, a bill to establish four memo- to obtain appropriations to fund the supplemental appropriations for the rials to the Space Shuttle Columbia in new law. fiscal year ending September 30, 2005, the State of Texas; S. 262, a bill to au- As former prosecutors, Senator to establish and rapidly implement thorize appropriations to the Secretary DEWINE and I both realize the tremen- regulations for State driver’s license of the Interior for the restoration of dous impact of mental illness on our and identification document security the Angel Island Immigration Station criminal justice system. We need to standards, to prevent terrorists from in the State of California; S. 336, a bill stop the ‘‘revolving door’’ whereby abusing the asylum laws of the United to direct the Secretary of the Interior mentally ill offenders cycle in and out States, to unify terrorism-related to carry out a study of the feasibility of the criminal justice system for rel- grounds for inadmissibility and re- of designating the Captain John Smith atively minor offenses, taking up the moval, to ensure expeditious construc- Chesapeake National Historic time and resources of law enforcement tion of the San Diego border fence, and Watertrail as a national historic trail; officers, judges, and the community as for other purposes; as follows: S. 670, a bill to authorize the Secretary a whole. My State of Vermont has ben- At the appropriate place, insert the fol- of the Interior to conduct a special re- efited from funding under the Mental lowing: source study of sites associated with Health Court Program, and I know SEC. ll. (a) PROVISION OF FUNDS FOR SE- the life of Cesar Estrada Chavez and firsthand the good that mental health CURITY AND STABILIZATION OF IRAQ AND AF- the farm labor movement; S. 777, a bill courts can do. GHANISTAN AND FOR OTHER DEFENSE-RELATED to designate Catoctin Mountain Park I hope the House will take up this bi- ACTIVITIES THROUGH PARTIAL SUSPENSION OF REDUCTION IN HIGHEST INCOME TAX RATE FOR in the State of Maryland as the ‘‘Ca- partisan and uncontroversial legisla- INDIVIDUAL TAXPAYERS.—The table contained toctin Mountain National Recreation tion promptly and ensure that Federal in paragraph (2) of section 1(i) of the Internal Area’’, and for other purposes; and H.R. support for mental health courts will Revenue Code of 1986 (relating to (relating to 126, a bill to amend Public Law 89–366 continue. reductions in rates after June 30, 2001) is to allow for an adjustment in the num- Mr. FRIST. Mr. President, I ask amended to read as follows: ber of free roaming horses permitted in unanimous consent that the bill be Cape Lookout National Seashore. read a third time and passed, the mo- The corresponding per- ‘‘In the case of centages shall be sub- Because of the limited time available tion to reconsider be laid upon the taxable years for the hearing, witnesses may testify table, and that any statements relating beginning dur- stituted for ing calendar the following percentages: by invitation only. However, those to the measure be printed in the wishing to submit written testimony year: 28% 31% 36% 39.6% RECORD. for the hearing record should send two The PRESIDING OFFICER. Without 2001 ...... 27.5% 30.5% 35.5% 39.1% copies of their testimony to the Com- objection, it is so ordered. 2002 ...... 27.0% 30.0% 35.0% 38.6% mittee on Energy and Natural Re- The bill (S. 289) was read the third 2003, 2004, and 2005 25.0% 28.0% 33.0% 35.0% 2006 and thereafter 25.0% 28.0% 33.0% 38.6%’’. sources, United States Senate, SD–364 time and passed, as follows: Dirksen Senate Office Building, Wash- S. 289 (b) EFFECTIVE DATE.—The amendment ington, D.C. 20510–6150. Be it enacted by the Senate and House of Rep- made by this section shall apply to taxable For further information, please con- resentatives of the United States of America in years beginning after December 31, 2005. tact Tom Lillie at (202) 224–5161 or Congress assembled. (c) APPLICATION OF EGTRRA SUNSET TO Brian Carlstrom at (202) 224–6293. SECTION 1. AUTHORIZATION OF APPROPRIA- HIS ECTION T S .—The amendment made by this TIONS. section shall be subject to title IX of the f Section 1001(a)(20) of title I of the Omnibus Economic Growth and Tax Relief Reconcili- AUTHORIZING AN ANNUAL APPRO- Crime Control and Safe Streets Act of 1968 ation Act of 2001 to the same extent and in PRIATION FOR MENTAL HEALTH (42 U.S.C. 3793(a)(20)) is amended by striking the same manner as the provision of such COURTS THROUGH FISCAL YEAR ‘‘fiscal years 2001 through 2004’’ and inserting Act to which such amendment relates. 2011 ‘‘fiscal years 2006 through 2011’’. f Mr. FRIST. Mr. President, I ask f NOTICES OF HEARING/MEETINGS unanimous consent that the Judiciary ORDERS FOR TUESDAY, APRIL 19, COMMITTEE ON ENERGY AND NATURAL Committee be discharged from further 2005 RESOURCES consideration of S. 289 and the Senate Mr. DOMENICI. Mr. President, I proceed to its immediate consider- Mr. FRIST. Mr. President, I ask would like to announce for the infor- ation. unanimous consent that when the Sen- mation of the Senate and the public The PRESIDING OFFICER. Without ate completes its business today, it that a hearing has been scheduled be- objection, it is so ordered. The clerk stand in adjournment until 9:45 a.m. on fore the Committee on Energy and Nat- will report the bill by title. Tuesday, April 19. I further ask consent ural Resources on Tuesday, April 26, at The legislative clerk read as follows: that following the prayer and pledge, 10 a.m. in Room SD–366 of the Dirksen A bill (S. 289) to authorize an annual ap- the morning hour be deemed expired, Senate Office Building in Washington, propriation of $10,000,000 for mental health the Journal of proceedings be approved DC. courts through fiscal year 2011. to date, the time for the two leaders be The purpose of the hearing is to re- There being no objection, the Senate reserved, and the Senate then resume ceive testimony regarding the status of proceeded to consider the bill. consideration of H.R. 1268, the Iraq-Af- the Department of Energy’s Nuclear Mr. LEAHY. Mr. President, I am ghanistan supplemental appropriations Power 2010 program. pleased that the Senate is going to pass bill; provided that the time until 11:45 For further information, please con- S. 289, a bill to reauthorize the Mental be divided with Senator CHAMBLISS in tact Clint Williamson at 202–224–7556 or Health Court Program and provide $10 control of one-half of the time and the David Marks at 202–228–6195. million in grant funding annually for other half divided equally between Sen- SUBCOMMITTEE ON NATIONAL PARKS mental health courts through fiscal ators CRAIG and KENNEDY; provided fur- Mr. Thomas. Mr. President, I would year 2011. I am the lead Democratic ther that at 11:45 a.m. the Senate pro- like to announce for the information of sponsor of this bill, and cosponsored ceed to the vote on the motion to in- the Senate and the public that the fol- similar legislation in the last Congress. voke cloture on the Chambliss amend- lowing hearing has been scheduled be- Senator DEWINE and I have worked ment, as provided under the previous fore the Subcommittee on National together on a number of mental health order. Parks of the Committee on Energy and issues. Last year, we worked together The PRESIDING OFFICER. Without Natural Resources: to enact the Mentally Ill Offender objection, it is so ordered. The hearing will be held on Thurs- Treatment and Crime Reduction Act, Mr. FRIST. I further ask unanimous day, April 28, at 2:30 p.m. in room SD– which authorizes $50 million annually consent that the Senate recess from

VerDate Aug 31 2005 06:20 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18AP5.REC S18AP5 hmoore on PROD1PC68 with CONG-REC-ONLINE April 18, 2005 CONGRESSIONAL RECORD — SENATE S3863 12:30 p.m. until 2:15 p.m. for the weekly very busy day over the course of to- propriations bill. In addition to that, I party luncheons. morrow. Rollcall votes are likely to have on each of these pages about 30 The PRESIDING OFFICER. Without occur throughout the day, beginning at amendments, 4 pages of amendments objection, it is so ordered. 11:45 a.m. As a reminder, there is an 11 Senators have brought forward. f a.m. filing deadline for second-degree I appeal to my colleagues: Let us amendments to the Chambliss and stay on this bill, the supplemental PROGRAM Craig amendments. The filing deadline emergency spending bill. We are at Mr. FRIST. Mr. President, tomorrow, for second-degree amendments to the war. We have troops who need this the Senate will resume consideration Mikulski amendment and the bill itself money now. All I can do is continue to of the Iraq-Afghanistan supplemental will be determined by the outcome of appeal. We will have these immigration appropriations bill. At 11:45 a.m., the those two earlier cloture votes tomor- amendments tomorrow. We will have Senate will proceed to the cloture vote row morning, and Senators will be no- the opportunity to vote on these three on the Chambliss immigration amend- tified once those deadlines can be es- amendments. That process will begin ment, to be followed by a vote on in- tablished. with the cloture votes at 11:45 in the voking cloture on the Craig AgJOBS Once again, I hope the Senate will in- morning. amendment. Therefore, Senators voke cloture on the bill so that the Once again, use restraint in bringing should expect two cloture votes begin- Senate can complete this underlying, amendments forward, unless they are ning at 11:45 tomorrow morning. important, critical emergency funding directed at supplemental emergency If cloture is not invoked on either of bill, an emergency funding bill for our spending for our troops overseas or tsu- those amendments, the Chambliss troops in Afghanistan, in Iraq, as well nami relief. amendment or the Craig amendment, as tsunami relief. the Senate will continue working Over the last week, week and a half, f through additional amendments to the I have encouraged and will continue to bill. Under a previous order, if the Sen- encourage my colleagues not to offer ate is not in a postcloture period, we extraneous amendments. I know people ADJOURNMENT UNTIL 9:45 A.M. will proceed to the cloture vote on the see this as a bill that is going to ulti- TOMORROW Mikulski language, and that is the Mi- mately pass this floor, and it is very Mr. FRIST. Mr. President, if there is kulski immigration amendment, at 4:30 tempting to throw your outbox on this no further business to come before the tomorrow afternoon. After we dispose bill. Senate, I ask unanimous consent that of the Mikulski amendment, the Sen- To be honest, I have been dis- the Senate stand in adjournment under ate will proceed to the cloture vote on appointed in the number of extraneous, the previous order. the overall bill, the underlying bill. unrelated amendments that have been There being no objection, the Senate, I also announce to my colleagues brought forward. We have 20 pending at 7:41 p.m., adjourned until Tuesday, that, as they can see, we will have a amendments to the supplemental ap- April 19, 2005, at 9:45 a.m.

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A LEADER IN CENTRAL VALLEY exemplary service with Turlock Police Serv- oped the U.S. Tsunami Warning and Edu- HEALTH CARE ices and to his community. An event to cele- cation Act. The bill would authorize $30 million brate the retirement of Officer Ranes will be a year for 30 years for the National Oceanic HON. JIM COSTA held on Friday, April 15, 2005 in Turlock, CA. and Atmospheric Administration to: strengthen David Ranes was born in China Lake, CA OF CALIFORNIA the current tsunami detection system in the on March 9, 1955. After graduating from Pacific and expand it to the Atlantic Ocean, IN THE HOUSE OF REPRESENTATIVES Turlock High School in 1972, David enrolled in Caribbean Sea and Gulf of Mexico regions; Monday, April 18, 2005 the Modesto Regional Criminal Justice Train- conduct a community-based tsunami hazard Mr. COSTA. Mr. Speaker, for the past 20 ing Academy, class number F–1. Upon com- mitigation program to improve preparedness of years, Saint Agnes Medical Center has been pleting his training, David was hired by Turlock at-risk areas; maintain a dedicated tsunami re- blessed by the presence of Sister Ruth Marie Police Chief James Greenway to serve and search program; and provide technical assist- Nickerson. Since her arrival to Fresno in Janu- protect his community on August 16, 1979. ance and training to the international commu- ary of 1984, she has embraced her position as Throughout his entire career, Officer Ranes nity on the development of a global tsunami President and CEO of Saint Agnes Medical worked various special assignments. He has detection and warning system. Center. Now, as Sister Ruth moves forward in served as patrol officer, detective, narcotics While tsunamis are going to continue to her life-long commitment to help those people agent, and background investigator. While in threaten our coasts, this legislation ensures in most need, it is clear that she has left a Detectives, he investigated a homicide that is that we can be better prepared through early lasting mark upon the Medical Center, as well now going to trial as a death penalty case. Of- detection, instant warnings, and an educated as upon the entire Fresno community. During ficer Ranes was privileged to serve under the population. her tenure at Saint Agnes, employee size tenures of former Turlock Police Services f grew from 1,500 to its present size of 2,700. Chief(s) James Greenway, John Johnson, Several new wings and centers opened under Robert Johnson, and current Chief Lonald CONGRATULATIONS TO UNIVER- her direction, including the California Eye Insti- Lott. SITY OF CALIFORNIA SAN FRAN- tute, the Cancer Center, the Heart and Vas- Mr. Speaker, I rise to honor Officer David M. CISCO-FRESNO ON THE OPENING cular Center, and the medical center’s East Ranes for his 26 years of service with Turlock OF THE MEDICAL EDUCATION and North Wing expansions. Police Services. I invite my colleagues to join AND RESEARCH CENTER In addition to these projects, Sister Ruth me in congratulating Mr. Ranes upon retire- was also influential in the expansion of the ment and in wishing him many more years of HON. JIM COSTA Holy Cross Center for Women. At the wom- continued success. OF CALIFORNIA en’s center, she oversaw the establishment of f IN THE HOUSE OF REPRESENTATIVES the Gathering Place, a safe spot where chil- INTRODUCTION OF THE U.S. TSU- Monday, April 18, 2005 dren now learn and play; MaryHaven, an edu- NAMI WARNING AND EDUCATION Mr. COSTA. Mr. Speaker, I rise today to cational facility designed to teach women im- ACT portant life skills; and Naomi’s House, an over- congratulate University of California San Fran- night respite for women. HON. SHERWOOD BOEHLERT cisco Fresno Medical Education Program on Beyond her position at the medical center, this ceremonious occasion of the opening of OF NEW YORK Sister Ruth Marie Nickerson serves on the the Medical Education and Research Center. IN THE HOUSE OF REPRESENTATIVES board of many organizations, including the As UCSF School of Medicine celebrates it Fresno Business Council, Fresno Compact, Monday, April 18, 2005 30th anniversary in the Valley, the program Poverello House, and The California Endow- Mr. BOEHLERT. Mr. Speaker, I rise today deserves congratulations for providing much ment (TCE). She was also a past board chair (along with my colleague Mr. INSLEE from needed medical services to our area. With 175 of the Catholic Health Association of the USA, Washington State) to introduce the U.S. Tsu- medical residents trained each year in the pro- the Alliance of Catholic Health Care, and the nami Warning and Education Act of 2005. On gram, over 50 percent of these residents re- Hospital Council of Northern & Central Cali- December 26 of last year, we all watched with main in the Greater San Joaquin Valley to set fornia. Currently, Sister Ruth serves as chair horror and complete bewilderment as a mas- up their practices. The Medical Education Pro- of the Regional Advisory Council of the Cen- sive tsunami swept across the Indian Ocean gram offers a unique community development tral Valley Health Policy Institute. Basin ravaging 11 nations, killing more than experience. Medical students can train with While these numerous projects and board 150,000 people, and affecting the day-to-day some of the best and brightest doctors, at the positions are impressive and speak volumes lives of millions. same time deliver services to community of her commitment to providing quality health This event was a wake up call for coastal members that may not have been previously care to the people of the Central Valley, what communities around the world, and certainly accessible. is most notable about Sister Ruth Marie Nick- for coastal communities in the U.S. While the This Center is a product of a bipartisan ef- erson is the warmth and compassion with U.S. does have a tsunami detection and warn- fort to provide medical resources to a program which she conducts her daily activities. She ing system in the Pacific, this event forced us that offers unsurpassed benefits to the com- possesses the distinct ability to bring people to reexamine that system and we found that munity. As one of nine Central Valley mem- together to work for the good of the commu- most of the vulnerable communities in the bers of the California State Legislature who nity, and she accomplishes such with both a U.S. are not adequately protected or prepared sought funding for the Medical Education and kind heart and revered sense of humor. for a similar event. Research Center, it is certainly uplifting to see f The Administration responded quickly to the this project come to fruition. By constructing a Indian Ocean Tsunami with a proposal in Jan- new Center, UCSF-Fresno will no longer be HONORING OFFICER DAVID M. uary to strengthen and expand the current forced to make do with facilities that are func- RANES U.S. tsunami detection and warning system. tionally obsolete or geographically separated The Science Committee took the lead in Con- over a wide area. HON. GEORGE RADANOVICH gress and held a hearing on the Administra- The new Medical Education and Research OF CALIFORNIA tion’s proposal and heard from experts who Center will serve as the operating location for IN THE HOUSE OF REPRESENTATIVES expressed some concerns about the Adminis- the Medical Education Program and house tration’s proposal and had numerous rec- both the administrative and educational com- Monday, April 18, 2005 ommendations to improve it. ponents of this program. The facility will allow Mr. RADANOVICH. Mr. Speaker, I rise We took the Administration’s proposal and the Medical Education Program to expand and today to honor Officer David M. Ranes for his the comments from many experts and devel- fill its role as a leader in health and education

∑ 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 jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18AP8.001 E18PT1 E676 CONGRESSIONAL RECORD — Extensions of Remarks April 18, 2005 in the 21st Century. Just as important, this fa- Polly Gonzalez started her career in jour- embraced, but also effectively managed this cility is yet another critical addition to the nalism 20 years ago at the San Jose State large responsibility. Community Regional Medical Center campus University. Overcoming a rough and troubled Ellen’s work positively impacted the lives of in downtown Fresno, a long time vision for this childhood living in a home where her mother the many people she touched. Whether she community and now a reality. would sell street drugs to provide food for her helped somebody attain their citizenship, or In this building, students of medicine will children, Polly became an award winning an- their social security benefits, Ellen met each have the opportunity to learn the intricacies of chorwoman. As an anchorwoman in Salina, and every case with renewed energy and de- medicine and its impact on the broader com- California she was one of the first journalists sire to help. munity. Simultaneously, the center will provide to uncover the growing gang problem within Ellen has set the standard for individuals individuals the insight to the various health this tiny community. She eventually joined who follow in her footsteps, and her shoes will issues challenging the residents of this region. Channel 8 in 1994 and became a co-anchor be difficult to fill. Her retirement is bittersweet. This facility has been years in the making, for the twelve o’clock and four thirty news While we will miss her greatly, this time is and the entire community will reap the re- casts. During her career at Channel 8 she much deserved. wards of the newest addition to UCSF-Fresno. covered such stories as the Oklahoma Bomb- f f ing in 1995. She was the first Latino anchor in Las TRIBUTE TO COLONEL JOHN W. HONORING OFFICER WILLIAM S. Vegas and was very proud of this fact. She IVES, INSTALLATION COM- KIMBLE considered herself to be a role model to her MANDER OF FT. GEORGE G. two daughters and to the other Latino women MEADE HON. GEORGE RADANOVICH she knew and represented. She wanted them OF CALIFORNIA to know that anything is achievable through HON. BENJAMIN L. CARDIN IN THE HOUSE OF REPRESENTATIVES hard work and dedication and used her life OF MARYLAND Monday, April 18, 2005 story as an example. IN THE HOUSE OF REPRESENTATIVES As a Nevadan and Channel 8 viewer, I will Monday, April 18, 2005 Mr. RADANOVICH. Mr. Speaker, I rise always remember the professional, yet warm today to honor Officer William ‘‘Bill’’ S. Kimble and friendly way Polly delivered the news into Mr. CARDIN. Mr. Speaker, I rise today to for his exemplary service with Turlock Police my home. I felt that Polly had a sincere desire pay special tribute to Col. John W. Ives, Instal- Services and to his community. An event to to bring accurate and fair news to my family lation Commander of Ft. George G. Meade. celebrate the retirement of Officer Kimble will as if she were a close personal friend or fam- Col. Ives will retire from the military in June, be held on Friday, April 15, 2005 in Turlock, ily member herself. and I want to personally thank him for his CA. I would like to express my sincere sympathy years of service to our Nation. Bill Kimble was born in Patterson, CA on to the family, friends, and co-workers of Polly Col. Ives began his distinguished Army ca- April 12, 1955. After graduating from Patterson Gonzalez. Our hearts go out to those individ- reer as an enlisted soldier in 1972. In 1981, High School in 1973, Bill enrolled in the Mo- uals mourning the loss of a family member, he was commissioned as a military intel- desto Regional Criminal Justice Training friend, and role model. As we move forward in ligence officer, and he has spent much of his Academy, class number F–2. Upon completing our lives, may we never forget the achieve- Army career in military intelligence. Col. Ives his training, Bill was hired by Turlock Police ments and contributions of Ms. Polly Gon- became Installation Commander of Ft. Meade Chief John Johnson to serve and protect his zalez. in 2002 and he has been instrumental in ef- community on June 5, 1980. f forts to modernize and upgrade the 5,400-acre Throughout his entire career, Officer Kimble base located in Anne Arundel County, Mary- has served in various capacities, he has func- HONORING MS. ELLEN GIBSON land. tioned as field training officer, officer in As Installation Commander, he has over- charge, traffic officer, school resource officer, HON. JIM COSTA seen the first stages of a $400 million housing D.A.R.E. officer, SWAT officer—sniper, com- OF CALIFORNIA redevelopment, the demolition of 100 aging munity services supervisor, and detective. He IN THE HOUSE OF REPRESENTATIVES structures from World War I and World War II, served as President and on the Board of Di- and the continuing environmental cleanup of Monday, April 18, 2005 rectors of the Turlock Associated Police Offi- the Army post, which is listed as a Superfund cers. Since 1985, Officer Kimble has been a Mr. COSTA. Mr. Speaker, I rise today to site. In addition, he has supervised important senior Major Accident Investigation Team in- honor and wish well in retirement Ms. Ellen security improvements that have become nec- vestigator. He was privileged to serve under Gibson of Fresno, California. Ellen has dili- essary since 9/11. the tenures of former Turlock Police Services gently served her community for over 30 The Colonel also has positioned Ft. Meade Chief(s) John Johnson, Robert Johnson, and years. for the future. He understands that Ft. Meade current Chief Lonald Lott. Ms. Gibson began her public service career is part of a larger community and has worked Mr. Speaker, I rise to honor Officer William in 1972 with Congressman Bernie Sisk. with Anne Arundel County officials to enhance ‘‘Bill’’ S. Kimble for his 25 years of service with Through the years Ellen became an instru- future development opportunities, both on and Turlock Police Services. I invite my colleagues mental team member in the district offices of off the base. He understands that Ft. Meade to join me in congratulating Mr. Kimble upon two other Congressional Representatives. She must keep pace with the future needs of our retirement and in wishing him many more joined the staff of Congressman Tony Coelho Nation. years of continued success. in 1979 and, my predecessor, Congressman I hope my colleagues in the U.S. House of f Cal Dooley in 1991. Representatives will join me in saluting Col. Ellen began as a District Aide to Congress- Ives for his dedication and service to our na- IN MEMORY OF POLLY GONZALEZ men Sisk where she generated press re- tion. His leadership and understanding of com- leases, performed general office duties and plex issues have made him one of the most HON. JON C. PORTER handled constituent casework. After her time successful Installation Commanders in recent OF NEVADA there she joined Congressman Coelho as an memory. IN THE HOUSE OF REPRESENTATIVES Office Director. In this capacity Ellen managed f the Fresno district office, trained new staff Monday, April 18, 2005 people, and was responsible for federal case- SUPPORT FOR VICTIMS OF CRIME Mr. PORTER. Mr. Speaker, I would like to work. Finally, Ellen became Congressman ACT express my condolences to the family and Dooley’s Senior Casework Manager. friends of Polly Gonzalez. Anyone that lives in While her responsibilities were many, Ellen HON. BEN CHANDLER the Las Vegas Valley knows the contribution was devoted to, and excellent at, one of the OF KENTUCKY that Polly gave not only to Channel 8 Eye Wit- most important aspect of a district office— IN THE HOUSE OF REPRESENTATIVES ness News, but also to her family, friends, and casework. To this day her coworkers laud community. This was even exemplified in her Ellen’s assiduous efforts to help the people of Monday, April 18, 2005 death on March 28th as she was taking her the San Joaquin Valley. This type of work is Mr. CHANDLER. Mr. Speaker. I want to two daughters to see the wildflowers in Death one of the most demanding tasks a Congres- thank my colleague from Texas, Mr. TED POE, Valley. sional staff member faces, and Ellen not only for his leadership on this important subject

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18AP8.004 E18PT1 April 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E677 and for inviting me during Nation Crime Vic- IN MEMORY OF DR. VINCENT are lost in the system, a system that is sup- tim’s Week to express my support for the Vic- LEEROY BLOOM OF FRESNO, posed to ensure justice for all. tims of Crime Act. CALIFORNIA Last October Congress passed and the President signed into law the Justice For All As many of you know, Congress enacted Act which brought some justice back to victims this landmark legislation over two decades HON. JIM COSTA OF CALIFORNIA through an established and enforceable set of ago to make sure victims of crime receive the rights, including the right to be present during IN THE HOUSE OF REPRESENTATIVES care and treatment they need to recover from proceedings, the right to confront assailants in tragic incidents. This legislation sent a clear Monday, April 18, 2005 proceedings, and the right to be notified about message to victims across America that Con- Mr. COSTA. Mr. Speaker, I rise today to the release or escape of the perpetrator from gress will not turn its back on anyone during honor the memory of Dr. Vincent Leeroy custody. these difficult times. Unfortunately, the Presi- Bloom of Fresno, California. He is survived by If these funds are diverted from the Victims dent’s proposed budget is on the verge of his wife, Melanie, son, David and daughter, of Crime Act Fund, crime victims will suffer again. breaking that promise. His budget would cut Rebecca. Dr. Bloom, retired chair of the Communica- The Victims of Crime Act Fund, VOCA, was $1.2 billion from this successful program and tion Department at California State University, established by Congress in 1984 as a way to use it to pay off mounting deficits. This cut will Fresno, is remembered by all as a dedicated ensure the continued support and protection translate directly into less money for programs scholar, a loving husband, a passionate teach- for the victims of crime. It is funded through that help victims throughout our Nation. er, and a strong community member. Stu- fines, forfeitures, and fees assessed against The people in my home district of Central dents, faculty, colleagues, family and friends criminal defendants and is directed toward Kentucky will immediately feel the effects of not only mourn his passing, but also celebrate states where it is used to provide services to this cut. This program has provided millions of his life. those organizations that serve crime victims. It is not funded through general tax revenue. dollars for the Bluegrass Rape Crisis Center, Born in Cambridge, Minnesota, Vince received his Bachelor of Arts Degree from Beth- In my own district in Cincinnati the organiza- which this year alone helped over 750 rape el College in St. Paul, Minnesota. He contin- tion ProKids is one such organization that victims. For the last 30 years, the Bluegrass ued his education at Colorado State College benefits from VOCA funding. ProKids trains Rape Crisis Center has served 17 counties and received his Master of Arts Degree in special court appointed advocates to serve as throughout Central Kentucky. It was the first Speech Communication in 1967. Ever the a voice for children who have been abused or rape crisis center in the state and one of the dedicated student, Vince attained his Ph.D. in neglected. VOCA funds provide a substantial first in the nation. Communication from Ohio University in 1970. portion of the organization’s operating budget, without which the protection that ProKids pro- Thanks to the Center’s services, over 750 Fresnans were soon to enjoy the intellectual vides to children will end. women this year have had a friend to face stimulation of the Doctors Bloom when Vince and his wife Melanie moved to California and We cannot continue to deny those who suf- what could have been the most traumatic joined the Communication Department at Cali- fer most from crime. I urge my colleagues to event of their life. If the President’s budget fornia State University, Fresno. oppose using these funds for any purpose goes through, the Bluegrass Rape Crisis Cen- While at CSU Fresno, Dr. Bloom managed other than for which Congress intended. ter will have to drastically cut its services, lay- to touch the lives of many. He served as de- f off experienced staff, and close the doors of partment chair for three years, developed a PERSONAL EXPLANATION their offices throughout Central Kentucky. course for shy students, and served as chair Without this funding, there will be fewer staff of the Academic Senate Standards and Grad- HON. TOM LANTOS members to answer calls at the Center’s 24- ing Committee. Vince was also chair of the OF CALIFORNIA hour crisis line. Athletic Advisory Council. In this capacity, Dr. Bloom was instrumental in forming the com- IN THE HOUSE OF REPRESENTATIVES Do we really want to leave a 19 year old mittees on campus that upheld athletic aca- Monday, April 18, 2005 young woman on hold as she is reaching out demic standards. Mr. LANTOS. Mr. Speaker, April 14, 2005, for help after a tragic incident? Or even worse, Dr. Bloom’s efforts, however, did not solely through an inadvertent error during voting on less funding will result in fewer rape crisis focus on Fresno State. Vince served as chair S. 256, the Bankruptcy Abuse Prevention and counselors to meet a woman at the hospital of the National Communication Association Consumer Protection Act, I was recorded as and sit with her as she undergoes a rape Commission on Communication Apprehension not voting. I ask unanimous consent that the exam and a police interview. Are we willing to and Avoidance; whose newsletter he edited. permanent record indicates that on rollcall have a woman wait alone in the hospital be- He was also active in the Western States vote No. 108 I would have been recorded as cause her hometown does not have a des- Communication Association. having voted in the negative. ignated rape counselor? And what are we While he effectively negotiated the scho- f lastic sphere of his life, Vince also ventured going to say to the women who continue to outside of academia. He was a member of BANKRUPTCY ABUSE PREVENTION experience trauma beyond the hospital or the Northwest Church, where he served on its AND CONSUMER PROTECTION police station. A funding cut would also leave Deacon Board. In his efforts to motivate youth ACT OF 2005 hundreds of rape victims without counselors to he sponsored the College Age Group at his help them as they experience flashbacks or church and taught Sunday school. SPEECH OF relapses. How is a woman expected to rebuild It goes without saying that Dr. Vince Bloom HON. EDWARD R. ROYCE her life if we strip away the tools she needs was an integral part of the community. His OF CALIFORNIA to do so? journey through life was guided by his level of IN THE HOUSE OF REPRESENTATIVES commitment to others—a level matched by On behalf of all the residents in Kentucky Thursday, April 14, 2005 very few. Although he has passed on, his who have suffered terrible crimes and are memory will forever have an impact on the Mr. ROYCE. Mr. Speaker, I want to address working to put their lives back in order, I en- lives of the people who knew him. my remarks to an important provision of S. courage all of my colleagues to support a f 256, that is a clarification of Section 303 of the budget that protects victim’s rights. We must Bankruptcy Code. Section 1234 restates and keep our promise to these individuals and not IN SUPPORT OF THE VICTIMS OF strengthens Congress’ long-standing intent leave them waiting at the hospital alone with- CRIME ACT FUND that an involuntary bankruptcy action should out a friend or counselor to provide relief. We not be predicated on disputed claims. Other- made a promise in 1984 to care for these indi- HON. STEVE CHABOT wise, opportunistic litigants seeking to gain advantage in contract disputes may improperly viduals and we have a responsibility to fulfill OF OHIO IN THE HOUSE OF REPRESENTATIVES employ the leverage of the bankruptcy court. that promise. All I am asking is that we do Because bankruptcy courts should not be what Congress said it would do in the first Monday, April 18, 2005 used to resolve disputed claims in involuntary place. Mr. CHABOT. Mr. Speaker, too often the cases, the clarification in Section 1234 re- dignity and respect that crime victims deserve emphasizes that a person who disputes the

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18AP8.009 E18PT1 E678 CONGRESSIONAL RECORD — Extensions of Remarks April 18, 2005 amount of, or liability for, a claim should not The text of this proposed law was not made His presence will be sorely missed, but his ac- be disadvantaged by the stigma and expense public, but there can be absolutely no doubt complishments will long be relished. of an involuntary bankruptcy proceeding. Put about its intent. It is intended to create in Chi- Mr. Speaker, as a reminder of the Pope’s simply, the bankruptcy courts in this nation na’s national law the legal justification for a enduring and historic contributions to world should now uniformly hold that any claim that military attack against Taiwan. peace, human freedom and to the security is subject to a dispute or litigation, or if it is The law would spell out a range of activities and national interests of the United States, I contested, whether as to the amount of the which, if taken by the Taiwanese people and request that the following remarks that I deliv- claim, or as to liability for the claim, that claim their democratically elected leaders, would le- ered on the House floor on November 18, cannot be used to commence an involuntary gally constitute secession. Many of these ac- 2003 be printed in the RECORD. bankruptcy case. This is the bright line that tivities, such as Constitutional reform and pop- Mr. SENSENBRENNER. Mr. Speaker, I Congress intended to create in 1984 because ular referenda, are the mainstay of any de- thank the gentlewoman from Florida. I rise involuntary bankruptcy carries with it, not only mocracy. Yet the Chinese would use them as to pay tribute to His Holiness, Pope John a responsibility, but the burden on behalf of a legal excuse for a military attack. Paul II, who in October marked his 25th year petitioning creditors to be accurate and certain We all know that Taiwan is caught in a very as Bishop of Rome and Supreme Pastor of that their provable claims are qualified by different bind. On the one hand it is a flour- the Catholic Church. being without dispute as to either liability or I also wish to offer my sincere appreciation ishing democracy, one of the most vibrant in to all my friends and colleagues in the House amount before commencing an involuntary Asia, with unfettered freedoms of speech, the who have joined together to urge the Presi- bankruptcy case. The consequence of bad press and assembly and intensely competitive dent to present the Medal of Freedom to faith or even sloppy work here is more disas- free political parties. Pope John Paul II. trous than in garden-variety litigation or On the other hand it is claimed as sovereign The celebration of the Silver Jubilee of through the voluntary use of the bankruptcy territory by its gargantuan neighbor, the very Pope John Paul II’s pontificate is but the laws. antithesis of a free and open democratic soci- latest in a series of remarkable milestones It is incomprehensible that an involuntary ety! And this neighbor regularly threatens to that have characterized his life and his ministry. bankruptcy petition could be based on claims annex Taiwan by force. that are inaccurate as to either liability or From his birth on May 18, 1920, Karol Jozef The United States, under the terms of the Wojtyla’s life has been intertwined with the amount; the injustice that would result from Taiwan Relations Act, which is the legal bed- fate of his native Poland and synonymous such a filing is so manifest. Despite this mani- rock of our policy, insists that the future of Tai- with the struggle for his individual freedom fest injustice of national significance, judges wan be determined by peaceful means. And and dignity. continue to condone the filing of involuntary we have demanded that no actions be taken In 1978 when then-Cardinal Wojtyla, the petitions brought by creditors using disputed by either Taiwan or the People’s Republic of Archbishop of Krakow, was elected Pope, the claims. For this reason, section 1234 was China, that endanger the tenuous peace and world was a much different place. For the made a necessary part of this legislation. more than 3 decades since Winston Churchill stability that now exists across the Taiwan delivered his famous ‘‘Iron Curtain’’ speech, There has never been a vote recorded in Strait. opposition to this provision because it clearly people around the world prepared for what Mr. Speaker, we call this situation, difficult many regarded as the inevitable new war expresses the unanimous will of Congress; it as it is, the status quo. We have had, on oc- that would someday engulf the East and the is the furthest thing from the mind of any Con- casion, to caution Taiwan about actions which West. To win the Cold War, geopolitical gressman that an involuntary case could be might appear to challenge this status quo. strategists honed and implemented various brought on the basis of claims that are dis- Now the PRC, through belligerent and dan- policies including the doctrines of contain- puted. To the contrary, as expressed by this gerous legislation, would substantially change ment and mutual-assured destruction. legislation, it has been the will of Congress the so-called status quo. At this pivotal moment in history, when since 1984 that any claim used to commence the status quo included the subjugation of There is still time for China to alter its half the populations of Europe and the omni- an involuntary case must be without dispute. course. It has seemed to change its normally The bankruptcy courts should not be en- present threat of nuclear annihilation, a re- shrill tone toward Taiwan in recent weeks. I markable and energetic new Pope set foot on joyed by involuntary petitioning creditors who urge the Chinese leadership to put this legisla- the world stage. To many in the West, this cannot then prove up claims as to liability or tion aside, leave the status quo intact and new Polish Pope was an unknown entity. amount. That party should stand in the most open itself, instead, to meaningful dialogue While we recognized immediately his energy, accountable legal position. This clarification is and negotiations with the leaders of Taiwan. courage and leadership, these same qualities necessary because the intent of Congress has were reviewed with suspicion by some in the f been blurred by judicial decisions that go so East, particularly the communist rulers in far as to split disputed claims into ‘‘disputed’’ HONORING THE LIFE AND Poland. and ‘‘undisputed’’ parts, or to describe dis- ACHIEVEMENTS OF HIS HOLI- Pope John Paul II’s commitment to freedom, his affection for his native Poland, and putes as ‘‘potential disputes.’’ These decisions NESS POPE JOHN PAUL II AND the devotion of his countrymen to him were are wrong and the damage they have caused EXPRESSING PROFOUND SORROW never more evident than the summer of 1980. to the victims of involuntary bankruptcy cases ON HIS DEATH That August, the Solidarity Workers Union, brought using such claims is incalculable. The which Cardinal Wojtyla had nurtured and remedy for such victims rests on an expansive SPEECH OF protected, organized a peaceful strike at the reading of Section 303(i). Lenin Shipyard in Gdansk. Finally, it is the intent of Congress, as ex- HON. F. JAMES SENSENBRENNER, JR. With the Pope’s portrait suddenly appear- OF WISCONSIN pressed through the unique retroactive appli- ing everywhere and the admonition from his cation of Section 1234, to require the dis- IN THE HOUSE OF REPRESENTATIVES inaugural sermon, ‘‘Do not be afraid,’’ on the Wednesday, April 6, 2005 lips of the workers, his support and reassur- missal of any involuntary petition brought by ance provided vital sustenance for the strik- using disputed claims, including any bank- Mr. SENSENBRENNER. Mr. Speaker, I was ers and ignited a spiritual spark in their ruptcy cases that are pending as a result of honored to support H. Res. 190, a resolution struggle to secure dignity and freedom. Ulti- the misapplication of Section 303. passed April 6 that commended the life and mately, that spark would lead to the demise f achievements of His Holiness Pope John Paul of Soviet communism and the liberation of hundreds of millions in Eastern and Central CHINA’S ‘‘ANTI-SECESSION LAW’’ II. Likewise, I am proud to say I was the lead Europe. sponsor of legislation that was passed by the History has recorded the remarkable HON. TOM FEENEY House and Senate in 2003, House Concurrent achievement of Pope John Paul II and his re- Resolution 313, that urged President Bush to lentless advocacy in pursuit of individual OF FLORIDA present the Presidential Medal of Freedom to dignity, freedom, and peace. The Pope has IN THE HOUSE OF REPRESENTATIVES the Pope. Thankfully, President Bush did just not confined his efforts solely to the struggle Monday, April 18, 2005 that in June of last year. against totalitarianism. He has engaged Mr. FEENEY. Mr. Speaker, on December 29 In a time when many leaders look to the wherever people are downtrodden and op- pressed. of last year, the Standing Committee of the polls and test political winds for guidance, Mr. Speaker, the Congress should pass Chinese National People’s Congress took a Pope John Paul II stood unflinching at the House Concurrent Resolution 313 and urge highly provocative action when it voted to sub- center of the most controversial moral debates the President to present the Medal of Free- mit an ‘‘Anti-Secession Law’’ to the full Con- of our time, and held firm, always supporting dom, our Nation’s highest civilian award, to gress which convenes on March 5. the sanctity and dignity of every human life. His Holiness.

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18AP8.013 E18PT1 April 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E679 In authorizing the first Medals of Freedom brary on Monday, June 7, 1982. It was the Solidarity’s survival, but they could only in 1963, President Kennedy proclaimed that first time the two had met, and they talked guess at the extent of the collaboration. ‘‘Of- persons who have made especially meri- for 50 minutes. In the same wing of the papal ficially I didn’t know the church was work- torious contributions to the security or na- apartments, Agostino Cardinal Casaroli and ing with the U.S.,’’ says Wojciech tional interests of the United States, world Archbishop Achille Silvestrini met with Sec- Adamiecki, the organizer and editor of un- peace or cultural or other significant public retary of State Alexander Haig and Judge derground Solidarity newspapers and now a or private endeavors should be so recognized. William Clark, Reagan’s National Security counselor at the Polish embassy in Wash- By any measure it is apparent that there is Adviser. Most of their discussion focused on ington. ‘‘We were told the Pope had warned no individual more deserving of this recogni- Israel’s invasion of Lebanon, then in its sec- the Soviets that if they entered Poland he tion than Pope John Paul II. ond day; Haig told them Prime Minister would fly to Poland and stay with the Polish Two other recipients of the Medal of Free- Menachem Begin had assured him that the people. The church was of primary assist- dom, President Ronald Reagan and Lady invasion would not go farther than 25 miles ance. It was half open, half secret. Open as Margaret Thatcher, shared the Pope’s com- inside Lebanon. far as humanitarian aid—food, money, medi- mitment to Solidarity in the 1980s. In my es- But Reagan and the Pope spent only a few cine, doctors’ consultations held in churches, timation, their leadership changed the minutes reviewing events in the Middle East. for instance—and secret as far as supporting course of human history. In 1984, while wel- Instead they remained focused on a subject political activities: distributing printing ma- coming the Pope to the United States, Presi- much closer to their heart: Poland and the chines of all kinds, giving us a place for un- dent Reagan spoke of the connection be- Soviet dominance of Eastern Europe. In that derground meetings, organizing special dem- tween freedom, the founding of our own Na- meeting, Reagan and the Pope agreed to un- onstrations.’’ tion, and America’s debt to His Holiness. dertake a clandestine campaign to hasten At their first meeting, Reagan and John President Reagan stated, ‘‘I can assure the dissolution of the communist empire. De- Paul II discussed something else they had in you, Your Holiness, that the American peo- clares Richard Allen, Reagan’s first National common: both had survived assassination at- ple seek to act as a force for peace in the Security Adviser: ‘‘This was one of the great tempts only six weeks apart in 1981, and both world and to further the cause of human secret alliances of all time.’’ believed God had saved them for a special freedom and dignity. Indeed, an appreciation The operation was focused on Poland, the mission. ‘‘A close friend of Ronald Reagan’s for the unalienable rights of every human most populous of the Soviet satellites in told me the President said, ‘Look how the being is the very concept that gave birth to Eastern Europe and the birthplace of John evil forces were put in our way and how this Nation. Few have understood better Paul II. Both the Pope and the President Providence intervened,’’’ says Pio Cardinal than our Nation’s founding fathers that were convinced that Poland could be broken Laghi, the former apostolic delegate to claims of human dignity transcend the out of the Soviet orbit if the Vatican and the Washington. According to National Security claims of any government, and this tran- U.S. committed their resources to desta- Adviser Clark, the Pope and Reagan referred scendent right itself has a transcendent bilizing the Polish government and keeping to the ‘‘miraculous’’ fact that they had sur- source.’’ The President went on to state, ‘‘To us, the outlawed Solidarity movement alive vived. Clark said the men shared ‘‘a unity of Your Holiness, the Holy See and your pas- after the declaration of martial law in 1981. spiritual view and a unity of vision on the torate represent one of humanity’s greatest Until Solidarity’s legal status was restored Soviet empire: that right or correctness moral and spiritual forces,’’ and ‘‘your in 1989 it flourished underground, supplied, would ultimately prevail in the divine plan.’’ ‘‘Reagan came in with very simple and words, your prayers and your example have nurtured and advised largely by the network strongly held views,’’ says Admiral Bobby made you, for those who suffer oppression or established under the auspices of Reagan and Inman, former deputy director of the CIA. the violence of war, a source of solace, inspi- John Paul II. Tons of equipment—fax ma- ‘‘It is a valid point of view that he saw the ration and hope.’’ It is no exaggeration to chines (the first in Poland), printing presses, collapse [of communism] coming and he recognize that this remarkable man has transmitters, telephones, shortwave radios, pushed it—hard.’’ During the first half of brought hope, comfort and faith to literally video cameras, photocopiers, telex machines, 1982, a five-part strategy emerged that was billions of people around the world during computers, word processors—were smuggled aimed at bringing about the collapse of the the course of his ministry. into Poland via channels established by Three weeks ago today I was honored to be priests and American agents and representa- Soviet economy, fraying the ties that bound joined by 30 Members of the House in intro- tives of the AFL–CIO and European labor the U.S.S.R. to its client states in the War- ducing this resolution. Since that time we movements. Money for the banned union saw Pact and forcing reform inside the So- have gained additional support for which I came from CIA funds, the National Endow- viet empire. Elements of that strategy in- am grateful, and I particularly appreciate ment for Democracy, secret accounts in the cluded: The U.S. defense buildup already under the work of the gentleman from Virginia Vatican and Western trade unions. way, aimed at making it too costly for the (Mr. TOM DAVIS) and the Committee on Gov- Lech Walesa and other leaders of Soli- Soviets to compete militarily with the U.S. ernment Reform who reported our resolution darity received strategic advice—often con- Reagan’s Strategic Defense Initiative—Star to the floor in such a timely manner. veyed by priests or American and European As stated previously, our bipartisan resolu- labor experts working undercover in Po- Wars—became a centerpiece of the strategy. Covert operations aimed at encouraging re- tion calls upon the President on behalf of all land—that reflected the thinking of the Vat- form movements in Hungary, Czechoslovakia the people of the United States, to present ican and the Reagan Administration. As the and Poland. the Medal of Freedom to Pope John Paul II effectiveness of the resistance grew, the Financial aid to Warsaw Pact nations cali- as a sign of our gratitude for his significant, stream of information to the West about the brated to their willingness to protect human enduring, and historic contributions to the internal decisions of the Polish government rights and undertake political and free-mar- causes of freedom, human dignity, and peace. and the contents of Warsaw’s communica- ket reforms. We urge the President to do so without tions with Moscow became a flood. The details came not only from priests but also Economic isolation of the Soviet Union delay. and the withholding of Western and Japanese Finally, I include an article by Carl Bern- from spies within the Polish government. technology from Moscow. The Administra- stein entitled ‘‘The Holy Alliance,’’ which DOWN WITH YALTA tion focused on denying the U.S.S.R. what it appeared in the February 24, 1992, edition of According to aides who shared their lead- had hoped would be its principal source of Time, as well as an article by Father Robert ers’ view of the world, Reagan and John Paul hard currency in the 21st century: profits A. Sirico entitled ‘‘The Cold War’s Magnifi- II refused to accept a fundamental political from a transcontinental pipeline to supply cent Seven; Pope John Paul II; Awakener of fact of their lifetimes: the division of Europe natural gas to Western Europe. The 3,600- the East,’’ which was published in the Winter as mandated at Yalta and the communist mile-long pipeline, stretching from Siberia 1992 edition of Policy Review. dominance of Eastern Europe. A free, non- In closing, Mr. Speaker, I would invoke to France, opened on time on Jan. 1, 1984, but communist Poland, they were convinced, President Reagan once more. When asked his on a far smaller scale than the Soviets had would be a dagger to the heart of the Soviet assessment of the Pope before meeting him hoped. empire; and if Poland became democratic, Increased use of Radio Liberty, Voice of the first time, the President replied, ‘‘He is other East European states would follow. America and Radio Free Europe to transmit an example of what so many people have al- ‘‘We both felt that a great mistake had the Administration’s messages to the people ways said about Christian and Judaic tradi- been made at Yalta and something should be of Eastern Europe. tion, and that is, that when really needed, done,’’ Reagan says today. ‘‘Solidarity was Yet in 1982 neither Reagan nor the Pope God provides a man. And I think in Pope the very weapon for bringing this about, be- could anticipate the accession of a Soviet John Paul he did just that.’’ cause it was an organization of the laborers leader like Mikhail Gorbachev, the father of Billions around the world are thankful of Poland.’’ Nothing quite like Solidarity glasnost and perestroika; his efforts at re- that God has provided such a man. The articles referred to are as follows: had ever existed in Eastern Europe, Reagan form unleashed powerful forces that spun out notes, adding that the workers’ union ‘‘was of his control and led to the breakup of the [From Time Magazine, Feb. 24, 1992] contrary to anything the Soviets would want Soviet Union. The Washington-Vatican alli- THE HOLY ALLIANCE or the communists [in Poland] would want.’’ ance ‘‘didn’t cause the fall of communism,’’ (By Carl Bernstein) According to Solidarity leaders, Walesa observes a U.S. official familiar with the de- Only President Ronald Reagan and Pope and his lieutenants were aware that both tails of the plot to keep Solidarity alive. John Paul II were present in the Vatican Li- Reagan and John Paul II were committed to ‘‘Like all great and lucky leaders, the Pope

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A18AP8.015 E18PT1 E680 CONGRESSIONAL RECORD — Extensions of Remarks April 18, 2005 and the President exploited the forces of his- we knew that we thought the Pope would not ‘‘I don’t think I ever had an in-depth, one-on- tory to their own ends.’’ be aware of, we certainly brought it to his one, private conversation that existed for THE CRACKDOWN attention,’’ says Reagan. ‘‘Immediately.’’ more than three minutes with him—on any The campaign by Washington and the Vati- THE CATHOLIC TEAM subject. That might shock you. We had our can to keep Solidarity alive began imme- The key Administration players were all own code of communication. I knew where he diately after General Wojciech Jaruzelski de- devout Roman Catholics—CIA chief William wanted to go on Poland. And that was to clared martial law on Dec. 13, 1981. In those Casey, Allen, Clark, Haig, Walters and Wil- take it to its nth possibilities. The President dark hours, Poland’s communications with liam Wilson, Reagan’s first ambassador to and Casey and I discussed the situation on the noncommunist world were cut; 6,000 lead- the Vatican. They regarded the U.S.-Vatican the ground in Poland constantly: covert op- ers of Solidarity were detained; hundreds relationship as a holy alliance: the moral erations; who was doing what, where, why were charged with treason, subversion and force of the Pope and the teachings of their and how; and the chances of success.’’ Ac- counterrevolution; nine were killed; and the church combined with their fierce cording to Clark, he and Casey directed that union was banned. But thousands of others anticommunism and their notion of Amer- the President’s daily brief—the PDB, an in- went into hiding, many seeking protection in ican democracy. Yet the mission would have telligence summary prepared by the CIA—in- churches, rectories and with priests. Au- been impossible without the full support of clude a special supplement on secret oper- thorities took Walesa into custody and in- Reagan, who believed fervently in both the ations and analysis in Poland. The Pope himself, not only his deputies, terned him in a remote hunting lodge. benefits and the practical applications of Shortly after Polish security forces moved Washington’s relationship with the Vatican. met with American officials to assess events into the streets, Reagan called the Pope for One of his earliest goals as President, in Poland and the effectiveness of American his advice. At a service of meetings over the Reagan says, was to recognize the Vatican as actions and sent back messages—sometimes next few days, Reagan discussed his options. a state ‘‘and make them an ally.’’ by letter, sometimes orally—to Reagan. On ‘‘We had a massive row in the Cabinet and According to Admiral John Poindexter, the almost all his trips to Europe and the Middle the National Security Council about putting military assistant to the National Security East, Casey flew first to Rome, so that he together a menu of counteractions,’’ former Adviser when martial law was declared in could meet with John Paul II and exchange Secretary of State Haig recalls. ‘‘They Poland, Reagan was convinced that the com- information. But the principal emissary be- ranged from sanctions that would have been munists had made a huge miscalculation: tween Washington and Rome remained Wal- after allowing Solidarity to operate openly crushing in their impact on Poland to talk- ters, a former deputy director of the CIA who for 16 months before the crackdown, the Pol- ing so tough that we would have risked cre- worked easily with Casey. Walters met with ish government would only alienate its coun- ating another situation like Hungary in ’56 the Pope perhaps a dozen times, according to trymen by attempting to cripple the labor or Czechoslovakia in ’68.’’ Vatican sources. ‘‘Walters was sent to and movement and, most important, would bring Haig dispatched Ambassador at Large from the Vatican for the specific purpose of the powerful church into direct conflict with Vernon Walters, a devout Roman Catholic, carrying messages between the Pope and the the Polish regime. ‘‘I didn’t think that this to meet with John Paul II. Walters arrived President,’’ says former U.S. Ambassador to [the decision to impose martial law and in Rome soon after, and met separately with the Vatican Wilson. ‘‘It wasn’t supposed to crush Solidarity] could stand, because of the the Pope and with Cardinal Casaroli, the be known that Walters was there. It wasn’t history of Poland and the religious aspect Vatican secretary of state. Both sides agreed all specifically geared to Poland; sometimes and all,’’ Reagan says. Says Cardinal that Solidarity’s flame must not be extin- there were also discussions about Central Casaroli: ‘‘There was a real coincidence of guished, that the Soviets must become the America or the hostages in Lebanon.’’ interests between the U.S. and the Vatican.’’ focus of an international campaign of isola- Often in the Reagan years, American cov- The major decisions on funneling aid to ert operations (including those in Afghani- tion, and that the Polish government must Solidarity and responding to the Polish and be subjected to moral and limited economic stan, Nicaragua and Angola) involved ‘‘lethal Soviet governments were made by Reagan, assistance’’ to insurgent forces: arms, merce- pressure. Casey and Clark, in consultation with John According to U.S. intelligence sources, the naries, military advisers and explosives. In Paul II. ‘‘Reagan understood these things Poland the Pope, the President and Casey Pope had already advised Walcsa through quite well, including the covert side,’’ says church channels to keep his movement oper- embarked on the opposite path: ‘‘What they Richard Pipes, the conservative Polish-born had to do was let the natural forces already ating underground, and to pass the word to scholar who headed the NSC’s Soviet and Solidarity’s 10 million members not to go in place play this out and not get their fin- East-European desks. ‘‘The President talked gerprints on it,’’ explains a analyst. What into the streets and risk provoking Warsaw about the evil of the Soviet system—not its Pact intervention or civil war with Polish emerges from the Reagan-Casey collabora- people—and how we had to do everything tion is a carefully calibrated operation security forces. Because the communists had possible to help these people in Solidarity cut the direct phone lines between Poland whose scope was modest compared with who were struggling for freedom. People like other CIA activities. ‘‘If Casey were around and the Vatican, John Paul II communicated Haig and Commerce Secretary Malcolm with Jozef Cardinal Glemp in Warsaw via now, he’d be having some smiles,’’ observes Baldrige and James Baker [White House one of his reluctant admirers. ‘‘In 1991 radio. He also dispatched his envoys to Po- chief of staff at the time] thought it wasn’t land to report on the situation. ‘‘The Vati- Reagan and Casey got the reordering of the realistic. George Bush never said a word. I world that they wanted.’’ can’s information was absolutely better and used to sit behind him, and I never knew THE SECRET DIRECTIVE quicker than ours in every respect,’’ says what his opinions were. But Reagan really Haig. ‘‘Though we had some excellent understood what was at stake.’’ Less than three weeks before his meeting sources of our own, our information was tak- By most accounts, Casey stepped into the with the Pope in 1982, the President signed a ing too long to filter through the intel- vacuum in the first days after the declara- secret national-security-decision directive ligence bureaucracy.’’ tion of martial law in Poland and—as he did (NSDD 32) that authorized a range of eco- In the first hours of the crisis, Reagan or- in Central America—became the principal nomic, diplomatic and covert measures to dered that the Pope receive as quickly as policy architect. Meanwhile Pipes and the ‘‘neutralize efforts of the U.S.S.R.’’ to main- possible relevant American intelligence, in- NSC staff began drafting proposals for sanc- tain its hold on Eastern Europe. In practical cluding information from a Polish Deputy tions. ‘‘The object was to drain the Soviets terms, the most important covert operations Minister of Defense who was secretly report- and to lay blame for martial law at their undertaken were those inside Poland. The ing to the CIA. Washington also handed over doorstep,’’ says Pipes. ‘‘The sanctions were primary purposes of NSDD 32 were to desta- to the Vatican reports and analysis from coordinated with Special Operations [the bilize the Polish government through covert Colonel Ryszard Kuklinski, a senior member CIA division in charge of covert task forces], operations involving propaganda and organi- of the Polish general staff, who was a CIA in- and the first objective was to keep Solidarity zational aid to Solidarity; the promotion of formant until November 1981, when he had to alive by supplying money, communications human rights, particularly those related to be smuggled out of Poland after he warned and equipment.’’ the right of worship and the Catholic that the Soviets were prepared to invade if ‘‘The church was trying to modulate the Church; economic pressure; and diplomatic the Polish government did not impose mar- whole situation,’’ explains one of the NSC of- isolation of the communist regime. The doc- tial law. Kuklinski had issued a similar ficials who directed the effort to curtail the ument, citing the need to defend democratic warning about a Soviet military action in pipeline. ‘‘They [church leaders] were in ef- reform efforts throughout the Soviet empire, late 1980, which led the outgoing Carter Ad- fect trying to create circumstances that also called for increasing propaganda and un- ministration to send secret messages to Leo- would head off the serious threat of Soviet derground broadcasting operations in East- nid Brezhnev informing him that among the intervention while allowing us to get tough- ern Europe, actions that Reagan’s aides and costs of an invasion would be the sale of so- er and tougher; they were part and parcel of dissidents in Eastern Europe believe were phisticated U.S. weapons to China. This virtually all of our deliberations in terms of particularly helpful in chipping away at the time, Kuklinski reported to Washington, how we viewed the evolution of government- notion of Soviet invincibility. Brezhnev had grown more impatient, and a sponsored repression in Poland—whether it As Republican Congressman Henry Hyde, a disastrous harvest at home meant that the was lessening or getting worse, and how we member of the House Intelligence Com- Kremlin did not need mechanized army units should proceed.’’ mittee from 1985 to 1990, who was apprised of to help bring in the crops and instead could As for his conversations with Reagan about some of the Administration’s covert actions, spare them for an invasion. ‘‘Anything that Poland, Clark says they were usually short. observes, ‘‘In Poland we did all of the things

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A18AP8.017 E18PT1 April 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E681 that are done in countries where you want to munist authorities further. But I told forget that Bill Clark’s wife is Czechoslovak, destabilize a communist government and Vernon, ‘Listen to the Holy Father. We have as is Lane Kirkland’s wife. This is one issue strengthen resistance to that. We provided 2,000 years’ experience at this.’’’ where everybody was aboard; there were no the supplies and technical assistance in Though William Casey has been vilified for turf fights or mavericks or naysayers.’’ terms of clandestine newspapers, broad- aspects of his tenure as CIA chief, there is no But AFL–CIO officials were never aware of casting, propaganda, money, organizational criticism of his instincts on Poland. ‘‘Basi- the extent of clandestine U.S. assistance, or help and advice. And working outward from cally, he had a quiet confidence that the the Administration’s reliance on the church Poland, the same kind of resistance was or- communists couldn’t hold on, especially in for guidance regarding how hard to push Pol- ganized in the other communist countries of Poland,’’ says former Congressman Edward ish and Soviet authorities. Casey was wary Europe.’’ Derwinski, a Polish-speaking expert on East- of ‘‘contaminating’’ the American and Euro- Among those who played a consulting role ern Europe who counseled the Administra- pean labor movements by giving them too was Zbigniew Brzezinski, a native of Poland tion and met with Casey frequently. ‘‘He was many details of the Administration’s efforts. and President Jimmy Carter’s National Se- convinced the system was falling and And indeed this was not strictly a CIA oper- curity Adviser. ‘‘I got along very well with doomed to collapse one way or another—and ation. Rather, it was a blend of covert and Casey,’’ recalls Brzezinski. ‘‘He was very Poland was the force that would lead to the overt, public policy and secret alliances. flexible and very imaginative and not very dam breaking. He demanded a constant [CIA] Casey recognized that in many instances the bureaucratic; if something needed to be focus on Eastern Europe. It wasn’t noticed, AFL–CIO was more imaginative than his own done, it was done. To sustain an underground because other stories were more controver- operatives in providing organizational as- effort takes a lot in terms of supplies, net- sial and were perking at the moment—Nica- sistance to Solidarity and smuggling equip- works, etc., and this is why Solidarity wasn’t ragua and Salvador.’’ ment into the country. According to former crushed.’’ In Poland, Casey conducted the kind of deputy CIA director Inman, Casey decided On military questions, American intel- old-style operation that he relished, some- that the American labor movement’s rela- ligence was better than the Vatican’s, but thing he might have done in his days at the tionship with Solidarity was so good that the church excelled in its evaluations of the Office of Strategic Services during World much of what the CIA needed could be fi- political situation. And in understanding the War II or in the early years of the CIA, when nanced and obtained through AFL–CIO chan- mood of the people and communicating with the democracies of Western Europe rose from nels. ‘‘Financial support wasn’t what they the Solidarity leadership, the church was in the ashes of World War II. It was through needed,’’ says Inman. ‘‘It was organization, an incomparable position. ‘‘Our information Casey’s contacts, his associates say, that ele- and that was an infinitely better way to help about Poland was very well founded because ments of the Socialist International were or- them than through classic covert oper- the bishops were in continual contact with ganized on behalf of Solidarity—just as the ations.’’ the Holy See and Solidarnosc,’’ explains Car- Social Democratic parties of Western Europe The Solidarity office in Brussels became dinal Silvestrini, the Vatican’s deputy sec- had been used as an instrument of American an international clearinghouse: for rep- retary of state at that time. ‘‘They informed policy by the CIA in helping to create resentatives of the Vatican, for CIA us about prisoners, about the activities and anticommunist governments after the war. operatives, for the AFL–CIO, for representa- needs of Solidarity groups and about the at- And this time the objective was akin to cre- tives of the Socialist International, for the titude and schisms in the government.’’ All ating a Christian Democratic majority in congressionally funded National Endowment this information was communicated to the Poland—with the church and the overwhelm- for Democracy, which also worked closely President or Casey. ingly Catholic membership of Solidarity as with Casey. It was the place where Soli- ‘‘If you study the situation of Solidarity, the dominant political force in a post com- darity told its backers—some of whose real you see they acted very cleverly, without munist Poland. Through his contacts with identities were unknown to Solidarity pressing too much at the crucial moments, leaders of the Socialist International, in- itself—what it needed, where goods and sup- because they had guidance from the church,’’ cluding officials of socialist governments in plies and organizers could be most useful. says one of the Pope’s closest aides. ‘‘Yes, France and Sweden, Casey ensured that tac- Priests, couriers, labor organizers and intel- there were times we restrained Solidarnosc. tical assistance was available on the con- ligence operatives moved in and out of Po- But Poland was a bomb that could explode— tinent and at sea to move goods into Poland. land with requests for aid and with detailed in the heart of communism, bordered by the ‘‘This wasn’t about spending huge amounts information on the situation inside the gov- Soviet Union, Czechoslovakia and East Ger- of money,’’ says Brzezinski. ‘‘It was about ernment and the underground. Food and many. Too much pressure, and the bomb getting the message out and resisting: books, clothing and money to pay fines of Soli- would go off.’’ communications equipment, propaganda, ink darity leaders who were brought before Pol- CASEY’S CAPPUCCINO and printing presses.’’ ish courts poured into the country. Inside Meanwhile, in Washington a close relation- LOOK FOR THE UNION LABEL Poland, a network of priests carried mes- ship developed between Casey, Clark and In almost every city and town, under- sages back and forth between the churches Archbishop Laghi. ‘‘Casey and I dropped into ground newspapers and mimeographed bul- where many of Solidarity’s leaders were in his [Laghi’s] residence early mornings during letins appeared, challenging the state-con- hiding. In the summer of 1984, when the sanctions critical times to gather his comments and trolled media. The church published its own against Poland seemed to be hurting ordi- counsel,’’ says Clark. ‘‘We’d have breakfast newspapers. Solidarity missives, photocopied nary Poles and not the communists, Laghi and coffee and discuss what was being done and mimeographed on American-supplied traveled to Santa Barbara to meet with in Poland. I’d speak to him frequently on the equipment, were tacked to church bulletin Reagan at the Western White House and urge phone, and he would be in touch with the boards. Stenciled posters were boldly posted that some of the sanctions be lifted. The Ad- Pope.’’ Says Laghi: ‘‘They liked good cap- on police stations and government buildings ministration complied. At the same time, puccino. Occasionally we might talk about and even on entrances to the state-con- the White House, in close consultation with Central America or the church position on trolled television center, where army officers the Vatican, refused to ease its economic birth control. But usually the subject was broadcast the news. pressures on Moscow—denying technology, Poland.’’ The American embassy in Warsaw became ‘‘Almost everything having to do with Po- the pivotal CIA station in the communist food and cultural exchanges as the price for land was handled outside of normal State world and, by all accounts, the most effec- continuing oppression in Poland. Much of the equipment destined for Soli- Department channels and would go through tive. Meanwhile, the AFL–CIO, which had darity arrived in Poland by ship—often Casey and Clark,’’ says Robert McFarlane, been the largest source of American support packed in mismarked containers sent from who served as a deputy to both Clark and for Solidarity before martial law, regarded Denmark and Sweden, then unloaded at Haig and later as National Security Adviser the Reagan Administration’s approach as too Gdansk and other ports by dockers secretly to the President. ‘‘I knew that they were slow and insufficiently confrontational with working with Solidarity. According to Ad- meeting with Pio Laghi, and that Pio Laghi the Polish authorities. Nonetheless, accord- ministration officials, the socialist govern- had been to see the President, but Clark ing to intelligence sources, AFL–CIO presi- ment of Sweden—and Swedish labor unions— would never tell me what the substance of dent Lane Kirkland and his aide Tom Kahn played a crucial role in arranging the trans- the discussions was.’’ consulted frequently with Poindexter, Clark shipment of goods to Poland. From the Pol- On at least six occasions Laghi came to the and other officials at the State Department ish docks, equipment moved to its destina- White House and met with Clark or the and the NSC on such matters as how and tion in trucks and private cars driven by Sol- President; each time, he entered the White when to move goods and supplies into Po- idarity sympathizers who often used church- House through the southwest gate in order land, identifying cities where Solidarity was es and priests as their point of contact for to avoid reports. ‘‘By keeping in such close in particular need of organizing assistance, deliveries and pickups. touch, we did not cross lines,’’ says Laghi. and examining how Solidarity and the AFL– ‘‘My role was primarily to facilitate meet- CIO might collaborate in the preparation of ‘‘SOLIDARITY LIVES!’’ ings between Walters and the Holy Father. propaganda materials. ‘‘The Administration plugged into the The Holy Father knew his people. It was a ‘‘Lane Kirkland deserves special credit,’’ church across the board,’’ observes very complex situation—how to insist on observes Derwinski. ‘‘They don’t like to Derwinski, now Secretary of Veterans Af- human rights, on religious freedom, and keep admit [it], but they literally were in lock- fairs. ‘‘Not just through the church hier- Solidarity alive without provoking the com- step [with the Administration]. Also never archy but through individual churches and

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A18AP8.017 E18PT1 E682 CONGRESSIONAL RECORD — Extensions of Remarks April 18, 2005 bishops. Monsignor Bronislaw Dabrowski, a union banned, Lech Walesa became Presi- prise, joined by thousands of subsidiary orga- deputy to Cardinal Glemp, came to use often dent of Poland. nizations. These are linked by a common set to tell us what was needed: he would meet [Correction (Apr. 27, 1992): A short article of beliefs and symbols, enabling the tran- with me, with Casey, the NSC and sometimes accompanying our report on the cooperative scendence of the usual barriers of language, with Walters.’’ John Cardinal Krol of Phila- effort of President Reagan and Pope John culture, and geographic border. This expan- delphia, whose father was born in Poland, Paul II to assist Poland’s Solidarity move- sive umbrella enabled him, through gesture, was the American churchman closest to the ment [Cover, Feb. 24] incorrectly stated the encyclical, and homily, to inspire millions of Pope. He frequently met with Casey to dis- U.S. position on financial aid for family people living under regimes that violated cuss support for Solidarity and covert oper- planning in foreign countries. The U.S. an- their ability to work for authentic liberty. nounced in 1984 that it would withhold funds ations, according to CIA sources and MORAL CONFLICT Derwinski. ‘‘Krol hit it off very well with for abortion or coerced birth control—but During his pontificate, two other figures President Reagan and was a source of con- not for all family planning.] stepped onto the world stage and occupied stant advice and contact,’’ says Derwinski. with him critical roles in the momentous ‘‘Often he was the one Casey or Clark went [From the Policy Review, 1992 Winter] events that would unfold. A year after John to, the one who really understood the situa- THE COLD WAR’S MAGNIFICENT SEVEN; POPE Paul assumed his place at the Vatican in tion.’’ JOHN PAUL II; AWAKENER OF THE EAST By 1985 it was apparent that the Polish 1978, Margaret Thatcher came to occupy 10 (By Fr. Robert A. Sirico) Downing Street. About a year and a half government’s campaign to suppress Soli- The victory of the Free World in the Cold darity had failed. According to a report by later, Ronald Reagan took up residency in War ranks with the victory of the Allies in the White House. Adrian Karatnycky, who helped organize the World War II, the landing on the moon, and AFL–CIO’s assistance to Solidarity, there The common thread between John Paul, the spectacular advances in health and pros- Thatcher, and Reagan is that while they ap- were more than 400 underground periodicals perity around most of the world as the most appearing in Poland, some with a circulation preciated the art of politics, they understood important achievement of mankind in this the global situation in fundamentally moral that exceeded 30,000. Books and pamphlets century. There were countless heroes in the challenging the authority of the communist categories. They understood, as few world defeat of Communism—among them the peo- leaders have understood, that the argument government were printed by the thousands. ple of the former Soviet empire whose in- Comic books for children recast Polish fables in favor of freedom is a moral argument as domitable spirit ultimately triumphed over well as a political and economic one. With- and legends, with Jaruzelski pictured as the their enslavers, and the taxpayers of the villain, communism as the red dragon and out the moral dimension, the battles that Western alliance who spent trillions of dol- these cold warriors waged would have been Walesa as the heroic knight. In church base- lars over more than 40 years to protect their ments and homes, millions of viewers meaningless and uninspiring. countries and civilization from the Soviet The compelling dignity and moral depth of watched documentary videos produced and threat. The West was also blessed by extraor- John Paul is especially highlighted when he screened on the equipment smuggled into the dinary leaders and moral voices who defined contrasted with the leaders of another inter- country. the nature of the conflict, galvanized the national religious body, and their posture to- With clandestine broadcasting equipment popular will to resist Communism, and cre- supplied by the CIA and the AFL–CIO, Soli- ward the dictatorships of Eastern Europe. I ated the institutions that led to eventual speak here, of course, of the World Council of darity regularly broke into the government’s victory. Policy Review pays tribute here to radio programming, often with the message Churches. Almost from its inception, and seven of those leaders whose words and deeds throughout the past 40 years, the socialist ‘‘Solidarity lives!’’ or ‘‘Resist!’’ Armed with were essential for the wonderful events of a transmitter supplied by the CIA through penchants of the WCC prevented it from of- the last few years. fering any kind of principled opposition to church channels, Solidarity interrupted tele- It was a nervous clique of geriatric Stalin- vision programming with both audio and vis- the immorality of Communism. ists who watched from Moscow in 1979 as ‘‘Liberation’’ was the central theme of the ual messages, including calls for strikes and millions of Poles poured into the streets of demonstrations. ‘‘There was a great moment WCC’s Nairobi Assembly in 1975. South Afri- Krakow to greet their native son Karol ca was denounced alongside ‘‘white Atlantic at the half time of the national soccer cham- Wojtyla when he returned to them as Pope pionship,’’ says a Vatican official. ‘‘Just as nations’’; the rights of aborigines in Aus- John Paul II. A political awareness dawned tralia were defended even as the plight of mi- the whistle sounded for the half, a Solidarity among these teeming masses when they saw Lives! banner went up on the screen and a grant workers in Europe was decried. in one another’s boldness the impotence of Yet a motion to include in this litany of tape came on calling for resistance. What the dictatorship that claimed dominance injustice a mention of religious repression in was particularly ingenious was waiting for over their lives. Russia was turned back. Instead, the assem- the half-time break; had the interruption Nor were the only witnesses to these bly would only acknowledge that it ‘‘devoted come during actual soccer play, it could have events Politburo members and Poles. Lithua- a substantial period of discussion to the al- alienated people.’’ As Brzezinski sums it up, nians and Ukrainians, Hungarians and leged denials of religious liberty in the ‘‘This was the first time that communist po- Czechoslovakians also witnessed with aston- USSR’’ [emphasis added]. lice suppression didn’t succeed.’’ ishment the unfurling of Solidarity banners While the officers of the WCC were funding ‘‘Nobody believed the collapse of com- in a Communist nation. Marxist guerrillas in Africa in the name of munism would happen this fast or on this Perhaps it was not so astonishing to the ‘‘liberation,’’ John Paul was teaching the timetable,’’ says a cardinal who is one of the new pope. As a young boy Wojtyla used to polish under ground in the effective use of Pope’s closest aides. ‘‘But in their first meet- pause for a few moments following Mass to nonviolent resistance to totalitarianism. He ing, the holy Father and the President com- offer a series of prayers ‘‘for the conversion did this in his writings, as well as in the nu- mitted themselves and the institutions of of Russia.’’ merous meetings and audiences he held with the church and America to such a goal. And From the outset, Wojtyla was a robust, in- leaders of the underground. from that day, the focus was to bring it tense, strong, and disciplined young man. No doubt historians who write on this pe- about in Poland.’’ His charismatic personality was augmented riod in years to come will not only see the Step by reluctant step, the Soviets and the by his facility with languages and further moral dimension, but also the superb tac- communist government of Poland bowed to honed by theatrical training. His combina- tical insight of the use of nonviolence. Too the moral, economic and political pressure tion of fervent piety and firm anti-Com- aggressive a stance on the part of the Polish imposed by the Pope and the President. Jails munism would serve him well in his future underground and the Soviet Union might were emptied, Walesa’s trial on charges of as priest, bishop, and cardinal in Poland. In have cracked down at a much earlier and slandering state officials was abandoned, the a country that is itself 93 percent Roman more vulnerable stage. Drawing on a tradi- Polish communist party turned fratricidal, Catholic, such a profession would necessitate tion accustomed to martyrs, whose blood, it and the country’s economy collapsed in a dealing with Russia’s surrogates, sometimes is said, is the seed of the Roman Catholic haze of strikes and demonstrations and sanc- making strategic accommodations, without Church, prayer and determination in the face tions. yielding the moral ground to Communism. On Feb. 19, 1987, after Warsaw had pledged John Paul comprehended the dynamics of of persecution resulted in one of the most to open a dialogue with the church, Reagan Marxism both intellectually and personally. radical yet bloodless revolutions in world lifted U.S. sanctions. Four months later, He knew Communism well, so well that some history. Pope John Paul II was cheered by millions of left-wing theologians initially mistook his SPIRIT OF LIBERTY his countrymen as he traveled across Poland familiarity with Marxism for sympathy. If there is one word to characterize the leg- demanding human rights and praising Soli- They hoped he would lead a new and en- acy John Paul will leave to history, perhaps darity. In July 1988, Gorbachev visited War- riched dialogue between Christianity and that word is liberty. saw and signaled Moscow’s recognition that Marxism. Instead, by virtue of his philo- Historians will undoubtedly note the amaz- the government could not rule without Soli- sophical and theological training, he was ing move in the Catholic world toward demo- darity’s cooperation. On April 5, 1989, the equipped both to refute Marxism’s logical er- cratic political processes and free economies two sides signed agreements legalizing Soli- rors, and also to offer a more compelling al- in the period of this pope’s reign. This is darity and calling for open parliamentary ternative in its place. clearly evident in Latin America where the elections in June. In December 1990, nine As leader of the largest Christian religion, Pope has confronted unjust regimes of every years after he was arrested and his labor John Paul is also the leader of a vast enter- stripe.

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A18AP8.017 E18PT1 April 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E683 How fitting, then, that John Paul, this Health, Education, Labor, and Pensions 10 a.m. priest from Poland who lived under what is Education and Early Childhood Develop- Armed Services arguably history’s most immoral and de- ment Subcommittee To hold hearings to examine the nomina- structive political system, should have been To hold hearings to examine the Federal tions of Kenneth J. Krieg, of Virginia, the one to write the epitaph for collectivism role in helping parents of young chil- to be Under Secretary of Defense for in its Communist, socialist, and welfare stat- dren. Acquisition, Technology, and Logis- ist incarnations. This he has done in the SD–430 tics, and Lieutenant General Michael form of his most recent social encyclical, Commerce, Science, and Transportation V. Hayden, United States Air Force, for Centesimus Annus (‘‘The Hundredth Year’’). Science and Space Subcommittee appointment to the grade of general Celebrating the centenary of Pope Leo To hold hearings to examine Inter- and to be Principal Deputy Director of XIII’s pastoral letter Rerum Navarum, national Space Station research bene- National Intelligence. Centesimus Annus looks at the events of this fits. SD–106 age and envisions a world where government SR–253 Banking, Housing, and Urban Affairs is strictly limited and based on the rule of Small Business and Entrepreneurship To continue hearings to examine pro- law; where free people trade in free markets To hold hearings to examine the small posals to improve the regulation of to produce a more prosperous economy for business health care crisis, focusing on Housing Government-Sponsored Enter- all the world’s needy; and where the social alternatives for lowering costs and cov- prises. system is rooted in moral and religious tra- ering the uninsured. SD–538 dition. SR–428A Budget It will be interesting to see whether this 10:30 a.m. To hold hearings to examine structural moral vision will have greater impact on the Appropriations deficits and budget process reform. West or on the former republics of the Soviet District of Columbia Subcommittee SH–216 empire that John Paul did so much to free. To hold hearings to examine proposed Finance Nothing written here is to be construed as budget estimates for fiscal year 2006 for To hold hearings to examine the nomina- necessarily reflecting the views of The Herit- the government of the District of Co- tion of Robert J. Portman, of Ohio, to age Foundation or as an attempt to aid or lumbia, focusing on the District of Co- be United States Trade Representative, hinder the passage of any bill before Con- lumbia Courts, the Court Services and with the rank of Ambassador. gress. Offender Supervision Agency, and the SD–628 Public Defender Service. f Health, Education, Labor, and Pensions SD–138 To hold hearings to examine easing costs Appropriations SENATE COMMITTEE MEETINGS and expanding access relating to small Homeland Security Subcommittee businesses and health insurance. Title IV of Senate Resolution 4, To hold hearings to examine proposed SD–430 agreed to by the Senate on February 4, budget estimates for fiscal year 2006 for Veterans’ Affairs 1977, calls for establishment of a sys- the Department of Homeland Security. To hold joint hearings with the House tem for a computerized schedule of all SD–124 Committee on Veterans Affairs to ex- 2 p.m. meetings and hearings of Senate com- amine the legislative presentations of Armed Services the Fleet Reserve Association, the Air mittees, subcommittees, joint commit- Readiness and Management Support Sub- Force Sergeants Association, the Re- tees, and committees of conference. committee tired Enlisted Association, and the This title requires all such committees To hold hearings to examine the readi- Gold Star Wives of America. to notify the Office of the Senate Daily ness of military units deployed in sup- 345 CHOB Digest—designated by the Rules Com- port of Operation Iraqi Freedom and 10:30 a.m. mittee—of the time, place, and purpose Operation Enduring Freedom in review Appropriations of the meetings, when scheduled, and of the Defense Authorization Request Labor, Health and Human Services, Edu- any cancellations or changes in the for fiscal year 2006. cation, and Related Agencies Sub- SR–222 meetings as they occur. committee 2:30 p.m. To hold hearings to examine an overview As an additional procedure along Judiciary of methamphetamine abuse. with the computerization of this infor- Terrorism, Technology and Homeland Se- SD–192 mation, the Office of the Senate Daily curity Subcommittee Homeland Security and Governmental Af- Digest will prepare this information for To hold hearings to examine a review of fairs printing in the Extensions of Remarks the material support to Terrorism Pro- Oversight of Government Management, the section of the CONGRESSIONAL RECORD hibition Improvements Act. Federal Workforce, and the District of on Monday and Wednesday of each SD–226 Columbia Subcommittee week. Intelligence To hold an oversight hearing to examine Closed business meeting to consider cer- Meetings scheduled for Tuesday, governmentwide workforce flexibilities tain intelligence matters. available to federal agencies including April 19, 2005 may be found in the Daily SH–219 the implementation, use by agencies, Digest of today’s RECORD. and training and education related to APRIL 21 using the new flexibilities. MEETINGS SCHEDULED 9:30 a.m. SD–562 Foreign Relations 1:30 p.m. APRIL 20 To hold hearings to examine the anti- Armed Services 9:30 a.m. corruption strategies of the African Personnel Subcommittee Environment and Public Works Development Bank, Asian Development To hold hearings to examine present and To hold hearings to examine the nomina- Bank and European Bank on Recon- future costs of Department of Defense tions of Gregory B. Jaczko, of the Dis- struction and Development. health care, and national health care trict of Columbia, and Peter B. Lyons, SD–419 trends in the civilian sector. of Virginia, each to be a Member of the Judiciary SR–232A Nuclear Regulatory Commission. Business meeting to consider pending 2 p.m. SD–406 calendar business. Printing 10 a.m. SD–226 Business meeting to consider organiza- Banking, Housing, and Urban Affairs Commerce, Science, and Transportation tional matters. To continue hearings to examine pro- Surface Transportation and Merchant Ma- S–219, Capitol posals to improve the regulation of the rine Subcommittee 2:30 p.m. Housing Government-Sponsored Enter- To hold hearings to examine reauthoriza- Homeland Security and Governmental Af- prises. tion of Amtrak. fairs SD–538 SR–253 Federal Financial Management, Govern- Appropriations Appropriations ment Information, and International Defense Subcommittee Transportation, Treasury and General Security Subcommittee To hold hearings to examine proposed Government Subcommittee To hold hearings to examine the Presi- budget estimates for fiscal year 2006 for To hold hearings to examine proposed dent’s management agenda, including the National Guard and Reserve Budg- budget estimates for fiscal year 2006 for Federal financial performance, best et. the Office of Management and Budget. practices, and program accountability. SD–192 SD–138 SD–562

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A18AP8.017 E18PT1 E684 CONGRESSIONAL RECORD — Extensions of Remarks April 18, 2005 Banking, Housing, and Urban Affairs 2:30 p.m. Secretary of the Interior for the res- Housing and Transportation Subcommittee Energy and Natural Resources toration of the Angel Island Immigra- To hold hearings to examine the Presi- Public Lands and Forests Subcommittee tion Station in the State of California, dent’s proposed budget request for fis- To hold hearings to examine the pre- S. 336, to direct the Secretary of the In- cal year 2006 for the Department of paredness of the Department of Agri- terior to carry out a study of the feasi- Housing and Urban Development. culture and the Interior for the 2005 bility of designating the Captain John SD–538 wildfire season, including the agencies’ Smith Chesapeake National Historic Judiciary assessment of the risk of fires by re- Watertrail as a national historic trail, Intellectual Property Subcommittee gion, the status of and contracting for S. 670, to authorize the Secretary of the To hold hearings to examine the patent aerial fire suppression assets, and other Interior to conduct a special resource system today and tomorrow. information needed to better under- study of sites associated with the life SD–226 stand the agencies ability to deal with of Cesar Estrada Chavez and the farm Intelligence the upcoming fire season. labor movement, S. 777, to designate To hold closed hearings to examine cer- SD–366 Catoctin Mountain Park in the State tain intelligence matters. of Maryland as the ‘‘Catoctin Mountain SH–219 APRIL 27 National Recreation Area’’, and H.R. 9:30 a.m. 126, to amend Public Law 89-366 to APRIL 22 Indian Affairs allow for an adjustment in the number of free roaming horses permitted in 9:30 a.m. To hold oversight hearings to examine regulation of Indian gaming. Cape Lookout National Seashore. Armed Services SR–485 SD–366 Emerging Threats and Capabilities Sub- 10 a.m. committee Health, Education, Labor, and Pensions MAY 11 To hold hearings to examine United Business meeting to consider pending States Special Operations Command in 9:30 a.m. calendar business. Judiciary review of the Defense Authorization SD–430 Request for Fiscal Year 2006; to be fol- To hold an oversight hearing to examine 10:30 a.m. the Federal Bureau of Investigation’s lowed by a closed session in S-407, Cap- Agriculture, Nutrition, and Forestry itol. translation program. To hold hearings to examine the nomina- SD–226 SR–222 tions of Thomas C. Dorr, of Iowa, to be Under Secretary of Agriculture for SEPTEMBER 20 APRIL 26 Rural Development, and to be a Mem- 9:30 a.m. ber of the Board of Directors of the 10 a.m. Foreign Relations Commodity Credit Corporation. Veterans’ Affairs To hold hearings to examine the Millen- SR–328A To hold joint hearings with the House nium Challenge Corporation’s global Committee on Veterans Affairs to ex- impact. APRIL 28 amine the legislative presentation of the American Legion. SD–419 10 a.m. 345 CHOB 10 a.m. Health, Education, Labor, and Pensions Energy and Natural Resources To hold hearings to examine the Higher To hold hearings to examine the status Education Act. CANCELLATIONS of the Department of Energy’s Nuclear SD–430 Power 2010 program. 2:30 p.m. SD–366 Energy and Natural Resources APRIL 28 Health, Education, Labor, and Pensions National Parks Subcommittee 10 a.m. Retirement Security and Aging Sub- To hold hearings to examine S. 242, to es- Foreign Relations committee tablish 4 memorials to the Space Shut- To hold hearings to examine U.S. Assist- To hold hearings to examine pensions. tle Columbia in the State of Texas, S. ance to Sudan and the Darfur Crisis. SD–430 262, to authorize appropriations to the SH–216

VerDate jul 14 2003 02:25 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M18AP8.000 E18PT1 Monday, April 18, 2005 Daily Digest Senate Cochran (for Leahy) Amendment No. 492, to ex- Chamber Action press the sense of the Senate in support of the imme- Routine Proceedings, pages S3767–S3863 diate release from detention of political detainees and Measures Introduced: Fifteen bills were intro- the restoration of constitutional liberties and democ- duced, as follows: S. 823–837. Page S3817 racy in Nepal. Page S3811 Pending: Measures Passed: Mikulski Amendment No. 387, to revise certain Mental Health Courts Authorization: Committee requirements for H–2B employers and require sub- on the Judiciary was discharged from further consid- mission of information regarding H–2B non- eration of S. 289, to authorize an annual appropria- immigrants. Page S3775 tion of $10,000,000 for mental health courts Feinstein Amendment No. 395, to express the through fiscal year 2011, and the bill was then sense of the Senate that the text of the REAL ID passed. Page S3862 Act of 2005 should not be included in the con- Supplemental Appropriations: Senate resumed ference report. Page S3775 consideration of H.R. 1268, making emergency sup- Bayh Amendment No. 406, to protect the finan- plemental appropriations for the fiscal year ending cial condition of members of the reserve components September 30, 2005, to establish and rapidly imple- of the Armed Forces who are ordered to long-term ment regulations for State driver’s license and identi- active duty in support of a contingency operation. fication document security standards, to prevent ter- Page S3775 rorists from abusing the asylum laws of the United Durbin Amendment No. 427, to require reports States, to unify terrorism-related grounds for inad- on Iraqi security services. Page S3775 missibility and removal, to ensure expeditious con- Salazar Amendment No. 351, to express the sense of the Senate that the earned income tax credit pro- struction of the San Diego border fence, taking ac- vides critical support to many military and civilian tion on the following amendments proposed thereto: families. Page S3775 Pages S3775–S3812 Dorgan/Durbin Amendment No. 399, to prohibit Adopted: the continuation of the independent counsel inves- By 61 yeas to 31 nays (Vote No. 96), Byrd tigation of Henry Cisneros past June 1, 2005 and re- Amendment No. 464, to express the sense of the quest an accounting of costs from GAO. Page S3775 Senate on future requests for funding for military Reid Amendment No. 445, to achieve an accelera- operations in Afghanistan and Iraq. Pages S3786–94 tion and expansion of efforts to reconstruct and reha- Cochran (for Reid) Amendment No. 496, to bilitate Iraq and to reduce the future risks to United amend title XVIII of the Social Security Act to States Armed Forces personnel and future costs to make a technical correction regarding the entities el- United States taxpayers, by ensuring that the people igible to participate in the Health Care Infrastruc- of Iraq and other nations do their fair share to secure ture Improvement Program. Page S3810 and rebuild Iraq. Page S3775 Cochran Amendment No. 473, to limit the use of Frist (for Chambliss/Kyl) Amendment No. 432, to funds to deny the provision of certain business and simplify the process for admitting temporary alien industry direct and guaranteed loans. Pages S3810–11 agricultural workers under section Cochran (for Bond) Amendment No. 536, to 101(a)(15)(H)(ii)(a) of the Immigration and Nation- make a technical correction to mortgage insurance ality Act, to increase access to such workers. fee requirements contained in the fiscal year 2005 Page S3775 Omnibus Appropriations bill. Page S3811 Frist (for Craig/Kennedy) Modified Amendment Cochran (for McConnell) Amendment No. 491, to No. 375, to provide for the adjustment of status of provide deferral and rescheduling of debt to tsu- certain foreign agricultural workers, to amend the nami-affected countries. Page S3811 Immigration and Nationality Act to reform the D356

VerDate jul 14 2003 05:00 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18AP5.REC D18AP5 April 18, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D357 H–2A worker program under that Act, to provide a Boxer/Bingaman Amendment No. 444, to appro- stable, legal agricultural workforce, to extend basic priate an additional $35,000,000 for Other Procure- legal protections and better working conditions to ment, Army, and make the amount available for the more workers. Page S3775 fielding of Warlock systems and other field jamming DeWine Amendment No. 340, to increase the pe- systems. Pages S3798–99 riod of continued TRICARE coverage of children of Lincoln Amendment No. 481, to modify the accu- members of the uniformed services who die while mulation of leave by members of the National serving on active duty for a period of more than 30 Guard. Pages S3799–S3810 days. Page S3775 Reid (for Durbin) Amendment No. 443, to affirm DeWine Amendment No. 342, to appropriate that the United States may not engage in torture or $10,000,000 to provide assistance to Haiti using cruel, inhuman, or degrading treatment under any Child Survival and Health Programs funds, circumstances. Pages S3811–12 $21,000,000 to provide assistance to Haiti using Reid (for Bayh) Amendment No. 388, to appro- Economic Support Fund funds, and $10,000,000 to priate an additional $742,000,000 for Other Pro- provide assistance to Haiti using International Nar- curement, Army, for the procurement of up to 3,300 cotics Control and Law Enforcement funds, to be Up Armored High Mobility Multipurpose Wheeled designated as an emergency requirement. Page S3775 Vehicles (UAHMMVs). Pages S3811–12 Schumer Amendment No. 451, to lower the bur- Reid (for Biden) Amendment No. 537, to provide den of gasoline prices on the economy of the United funds for the security and stabilization of Iraq and States and circumvent the efforts of OPEC to reap Afghanistan and for other defense-related activities windfall oil profits. Page S3775 by suspending a portion of the reduction in the Reid (for Reed/Chafee) Amendment No. 452, to highest income tax rate for individual taxpayers. provide for the adjustment of status of certain na- Pages S3811–12 tionals of Liberia to that of lawful permanent resi- Reid (for Feingold) Amendment No. 459, to ex- dence. Page S3775 tend the termination date of Office of the Special In- Chambliss Modified Amendment No. 418, to pro- spector General for Iraq Reconstruction, expand the hibit the termination of the existing joint-service duties of the Inspector General, and provide addi- multiyear procurement contract for C/KC–130J air- tional funds for the Office. Pages S3811–12 craft. Pages S3775–79 A unanimous-consent agreement was reached pro- Bingaman Amendment No. 483, to increase the viding for further consideration of the bill at ap- appropriation to Federal courts by $5,000,000 to proximately 9:45 a.m., on Tuesday, April 19, 2005; cover increased immigration-related filings in the that the time until 11:45 a.m. be equally divided, southwestern United States. Pages S3779, S3780–86 with one half of the time under the control of Sen- Bingaman (for Grassley) Amendment No. 417, to ator Chambliss and the other half of the time under provide emergency funding to the Office of the the control of Senators Craig and Kennedy; and that United States Trade Representative. Pages S3779–80 at 11:45 a.m., the Senate proceed to votes, on the Isakson Amendment No. 429, to establish and motions to invoke cloture on certain amendments. rapidly implement regulations for State driver’s li- Pages S3862–63 cense and identification document security standards, Enrolled Bills Presented: Page S3815 to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related Executive Communications: Pages S3816–17 grounds for inadmissibility and removal, and to en- Additional Cosponsors: Pages S3817–19 sure expeditious construction of the San Diego bor- Statements on Introduced Bills/Resolutions: der fence. Page S3793 Pages S3819–32 Byrd Amendment No. 463, to require a quarterly report on audits conducted by the Defense Contract Additional Statements: Pages S3813–15 Audit Agency of task or delivery order contracts and Amendments Submitted: Pages S3832–62 other contracts related to security and reconstruction Notices of Hearings/Meetings: Page S3862 activities in Iraq and Afghanistan and to address irregularities identified in such reports. Record Votes: One record vote was taken today. Pages S3794–95 (Total—96) Page S3794 Warner Amendment No. 499, relative to the air- Adjournment: Senate convened at 1 p.m., and ad- craft carriers of the Navy. Pages S3795–96 journed at 7:41 p.m., until 9:45 a.m., on Tuesday, Sessions Amendment No. 456, to provide for ac- April 19, 2005. (For Senate’s program, see the re- countability in the United Nations Headquarters marks of the Majority Leader in today’s Record on renovation project. Pages S3796–97 page S3863.)

VerDate jul 14 2003 05:00 Apr 19, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18AP5.REC D18AP5 D358 CONGRESSIONAL RECORD — DAILY DIGEST April 18, 2005 Committee Meetings No committee meetings were held. h House of Representatives COMMITTEE MEETINGS FOR TUESDAY, Chamber Action APRIL 19, 2005 Measures Introduced: 4 public bills, H.R. 6, 1674–1676; and 1 private bill, H.R. 1677 were in- (Committee meetings are open unless otherwise indicated) troduced. Page H2106 Senate Additional Cosponsors: Page H2106 Committee on Appropriations: Subcommittee on Legisla- Reports Filed: Reports were filed today as follows: tive Branch, to hold hearings to examine proposed budget estimates for fiscal year 2006 for the Library of Congress, H.R. 1541, to amend the Internal Revenue Code the Open World Leadership Center, and the Government of 1986 to enhance energy infrastructure properties Accountability Office, 10:30 a.m., SD–116. in the United States and to encourage the use of cer- Committee on Armed Services: to hold hearings to examine tain energy technologies, amended (H. Rept. the nominations of Gordon England, of Texas, to be Dep- 109–45); uty Secretary of Defense, and Admiral Michael G. H.R. 739, to amend the Occupational Safety and Mullen, USN, for reappointment, to the grade of admiral Health Act of 1970 to provide for adjudicative flexi- and to be Chief of Naval Operations, 9:30 a.m., SD–106. Subcommittee on SeaPower, to hold hearings to exam- bility with regard to the filing of a notice of contest ine the United States Marine Corps ground and rotary by an employer following the issuance of a citation wing programs and seabasing in review of the Defense or proposed assessment of a penalty by the Occupa- Authorization Request for Fiscal Year 2006, 3 p.m., tional Safety and Health Administration (H. Rept. SR–232A. 109–46); and Committee on Banking, Housing, and Urban Affairs: to H.R. 740, to amend the Occupational Safety and hold hearings to examine proposals to improve the regu- Health Act of 1970 to provide for greater efficiency lation of the Housing Government Sponsored Enterprises, at the Occupational Safety and Health Review Com- 3 p.m., SD–538. Committee on Energy and Natural Resources: to hold hear- mission, amended (H. Rept. 109–47). Page H2106 ings to examine offshore hydrocarbon production and the Speaker: Read a letter from the Speaker wherein he future of alternate energy resources on the outer Conti- appointed Representative Radanovich to act as nental Shelf, focusing on recent technological advance- Speaker Pro Tempore for today. Page H2105 ments made in the offshore exploration and production of traditional forms of energy, and the future of deep shelf Quorum Calls—Votes: There were no votes or and deepwater production; enhancements in worker safe- quorum calls. ty, and steps taken by the offshore oil and gas industry Adjournment: The House met at 2 p.m. and ad- to meet environmental challenges, 10 a.m., SD–366. Subcommittee on Water and Power, to hold hearings journed at 2:04 p.m. Page H2105 to examine S. 166, to amend the Oregon Resource Con- servation Act of 1996 to reauthorize the participation of the Bureau of Reclamation in the Deschutes River Con- Committee Meetings servancy, S. 251, to authorize the Secretary of the Inte- No committee meetings were held. rior, acting through the Bureau of Reclamation, to con- f duct a water resource feasibility study for the Little Butte/Bear Creek Sub-basins in Oregon, S. 310, to direct NEW PUBLIC LAWS the Secretary of the Interior to convey the Newlands Project Headquarters and Maintenance Yard Facility to (For last listing of Public Laws, see DAILY DIGEST, p. D278) the Truckee-Carson Irrigation District in the State of Ne- H.R. 1134, to amend the Internal Revenue Code vada, S. 519, to amend the Lower Rio Grande Valley of 1986 to provide for the proper tax treatment of Water Resources Conservation and Improvement Act of certain disaster mitigation payments. Signed on 2000 to authorize additional projects and activities under that Act, and S. 592, to extend the contract for the April 15, 2005 (Pub. L. 109–7). Glendo Unit of the Missouri River Basin Project in the State of Wyoming, 2:30 p.m., SD–366.

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Committee on Finance: business meeting to consider pro- Committee on Education and the Workforce, hearing on posed Highway Reauthorization and Excise Tax Sim- College Access: Is Government Part of the Solution, or plification Act of 2005, and S. 661, to amend the Inter- Part of the Problem? 2 p.m., 2175 Rayburn. nal Revenue Code of 1986 to provide for the moderniza- Committee on Financial Services, hearing on the State of tion of the United States Tax Court, 10 a.m., SD–628. the International Financial System, 3 p.m., 2128 Ray- Committee on Foreign Relations: to hold hearings to exam- burn. ine the Near East and South Asian experience relating to Committee on Government Reform, Subcommittee on combating terrorism through education, 9:30 a.m., Criminal Justice, Drug Policy and Human Resources, SD–419. hearing entitled ‘‘Federal Health Programs and Those Full Committee, business meeting to consider the Who Cannot Care for Themselves: What Are Their nominations of John Robert Bolton, of Maryland, to Rights, and Our Responsibilities?’’ 2 p.m., 2154 Ray- be U.S. Representative to United Nations, with the burn. rank and status of Ambassador and U.S. Representa- Subcommittee on Federalism and the Census, hearing tive in the Security Council of the United Nations, entitled ‘‘Halfway to the 2010 Census: The Countdown and Components to a Successful Decennial Census,’’ 10 and Representative to the Sessions of the General a.m., 2154 Rayburn. Assembly of the United Nations during his tenure Subcommittee on Federal Workforce and Agency Orga- of service as Representative of the United States of nization, hearing entitled ‘‘Real Estate Investment Trusts America to the United Nations, 2:15 p.m., S–116, (REITs): Can They Improve the Thrift Savings Plan?’’ 2 Capitol. p.m., 2203 Rayburn. Committee on Health, Education, Labor, and Pensions: to Committee on Homeland Security, Subcommittee on Emer- hold hearings to examine S. 334, to amend the Federal gency Preparedness, Science, and Technology, to mark up Food, Drug, and Cosmetic Act with respect to the impor- the following: H.R. 1544, Faster and Smarter Funding tation of prescription drugs, 10 a.m., SD–430. for First Responders Act of 2005; and a measure to Committee on the Judiciary: Subcommittee on Antitrust, amend the Homeland Security Act of 2002 to provide for Competition Policy and Consumer Rights, to hold hear- homeland security technology development and transfer, ings to examine SBC/ATT and Verizon/MCI mergers, fo- 1:30 p.m., 210 Cannon. cusing on remaking the telecommunication industry, Subcommittee on Prevention of Nuclear and Biological 2:30 p.m., SD–226. Attacks, hearing entitled ‘‘DHS Coordination of Nuclear Committee on Veterans’ Affairs: business meeting to con- Detection Efforts, Part 1,’’ 9 a.m., 210 Cannon. sider the nomination of Jonathan Brian Perlin, of Mary- Committee on International Relations, Subcommittee on land, to be Under Secretary of Veterans Affairs for Africa, Global Human Rights and International Oper- Health; to be followed by a hearing on ‘‘Back from the ations, hearing on the UN Commission on Human Battlefield, Part II: Seamless Transition to Civilian Life,’’ Rights: Protector or Accomplice? 2 p.m., 2172 Rayburn. 10:15 a.m., SR–418. Committee on the Judiciary, Subcommittee on Crime, Select Committee on Intelligence: to hold hearings to exam- Terrorism, and Homeland Security, oversight hearing on ine the USA Patriot Act, 2:30 p.m., SH–216. the Implementation of the USA PATRIOT Act: Effect of Sections 203(b) and (d) on Information Sharing, 2 p.m., House 2141 Rayburn. Committee on Appropriations, Subcommittee on the De- Committee on Resources, Subcommittee on Fisheries and partment of Labor, Health and Human Services, Edu- Oceans, hearing on H.R. 1489, Coastal Ocean Observa- cation, and Related Agencies, on public witnesses, 10 tion System Integration and Implementation Act of 2005, a.m., 2358 Rayburn. 1 p.m., 1324 Longworth. Subcommittee on the Departments of Transportation, Committee on Rules, to consider H.R. 6, Energy Policy Treasury, and Housing and Urban Development, the Ju- Act of 2005, 5 p.m., H–313 Capitol. diciary, District of Columbia, and Independent Agencies, Committee on Ways and Means, Subcommittee on Health, on the IRS, 2 p.m., 2358 Rayburn. hearing on Long Term Care, 4 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, April 19 12:30 p.m., Tuesday, April 19

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of Suspensions: ation of H.R. 1268, Emergency Supplemental Appropria- (1) H. Con. Res. 53, expressing the sense of the Con- tions. At 11:45 a.m., Senate will vote on the motion to gress regarding the issuance of the 500,000th design pat- invoke cloture on Frist (for Chambliss/Kyl) Amendment ent by the United States Patent and Trademark Office; No. 432; to be followed by a vote on the motion to in- (2) S. 167, Family Entertainment and Copyright Act voke cloture on Frist (for Craig/Kennedy) Modified of 2005; Amendment No. 375. Also, at 4:30 p.m., if the Senate (3) H.R. 1038, Multidistrict Litigation Restoration Act is not proceeding post-cloture, Senate will vote on the of 2005; motion to invoke cloture on Mikulski Amendment No. (4) H.R. 683, Trademark Dilution Revision Act of 387, to be followed by a vote on the motion to invoke 2005; cloture on the bill. (5) H.J. Res. 19, providing for the appointment of Shirley Ann Jackson as a citizen regent of the Board of (Senate will recess from 12:30 p.m. until 2:15 p.m. for Regents of the Smithsonian Institution; and their respective party conferences.) (6) H.J. Res. 20, providing for the appointment of Robert P. Kogod as a citizen regent of the Board of Re- gents of the Smithsonian Institution.

Extensions of Remarks, as inserted in this issue

HOUSE Chandler, Ben, Ky., E676 Radanovich, George, Calif., E675, E676 Costa, Jim, Calif., E675, E675, E676, E677 Royce, Edward R., Calif., E677 Boehlert, Sherwood, N.Y., E675 Feeney, Tom, Fla., E678 Sensenbrenner, F. James, Jr., Wisc., E678 Cardin, Benjamin L., Md., E676 Lantos, Tom, Calif., E677 Chabot, Steve, Ohio, E677 Porter, Jon C., Nev., E676

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